Senate Bill No. 259
(By Senator Manchin)
____________
[Introduced March 3, 1993; referred to the Committee
on Health and Human Resources.]
____________
A BILL to amend and reenact section nine, article one, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
sections two and three, article nine of said chapter, all
relating to the minimum and maximum fines for sanitation
violations.
Be it enacted by the Legislature of West Virginia:
That section nine, article one, chapter sixteen of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that sections two and
three, article nine of said chapter be amended and reenacted, all
to read as follows:
ARTICLE 1. STATE BUREAU OF PUBLIC HEALTH.
§16-1-9. Supervision over local sanitation.
No person, firm, company, corporation, institution or
association, whether public or private, county or municipal,
shall install or establish any system or method of drainage,water supply or sewage or excreta disposal without first
obtaining a written permit to install or establish such system or
method from the commissioner of the bureau of public health or
his or her authorized representative. All such systems or
methods shall be installed or established in accordance with
plans, specifications and instructions issued by the commissioner
or which have been approved in writing by the commissioner or his
or her authorized representative.
Whenever the commissioner of the bureau of public health or
his or her authorized representative finds upon investigation
that any system or method of drainage, water supply or sewage or
excreta disposal, whether publicly or privately owned, has not
been installed in accordance with plans, specifications and
instructions issued by the commissioner approved in writing by
the commissioner or his or her duly authorized representative,
the commissioner or his or her duly authorized representative may
issue an order requiring the owner of such system or method to
make alterations as may be necessary to correct the improper
condition. Such alterations shall be made within a reasonable
time which shall not exceed thirty days, unless a time extension
is authorized by the commissioner or his or her duly authorized
representative.
The presence of sewage or excreta being disposed of in a
manner not approved by the commissioner of the bureau of public
health or his or her authorized representative shall constitute
prima facie evidence of the existence of a condition endangeringpublic health.
The personnel of the bureau of public health shall be
available to consult and advise with any person, firm, company,
corporation, institution or association, whether publicly or
privately owned, county or municipal or public service authority,
as to the most appropriate design, method of operation or
alteration of any such system or method.
Any person, firm, company, corporation, institution or
association, whether public or private, county or municipal, who
shall violate any provisions of this section shall be deemed
guilty of a misdemeanor, and, upon conviction thereof, shall be
punished by a fine of not less than two hundred fifty dollars nor
more than five hundred dollars. The continued failure or refusal
of such convicted person, firm, company, corporation, institution
or association, whether public or private, county or municipal,
to make the alterations necessary to protect the public health
required by the commissioner of the bureau of public health or
his or her duly authorized representative shall constitute a
separate, distinct and additional offense for each twenty-four
hour period of such failure or refusal, and, upon conviction
thereof, the violator shall be fined not less than two hundred
fifty dollars nor more than five hundred dollars for each such
conviction:
Provided, That none of the provisions contained in
this section shall apply to those commercial or industrial wastes
which are subject to the regulatory control of the West Virginia
division of natural resources or the West Virginia air pollutioncontrol commission.
Magistrates shall have concurrent jurisdiction with the
circuit courts of this state for violations of any provisions of
this section.
ARTICLE 9. OFFENSES GENERALLY.
§16-9-2. Throwing or releasing dead animals or offensive
substances into waters used for domestic purposes;
penalties; jurisdiction; failure to bury or destroy
offensive substances after conviction; successive offenses.
Any person who knowingly and willfully throws, causes to be
thrown or releases any dead animal, carcass, or part thereof,
garbage, sink or shower waste, organic substance, human or animal
excrement, contents of privy vault, septic tank, cesspool or the
effluent from any cesspool or nauseous or offensive or poisonous
substances into any well, cistern, spring, brook, pond, stream or
other body of water which is used for domestic purposes, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not less than two hundred fifty dollars nor more than five
hundred dollars. None of the provisions contained in this
section shall apply to those commercial or industrial wastes
which are subject to the regulatory control of the West Virginia
department of natural resources or the West Virginia air
pollution control commission.
Upon conviction of any such offense, the person convicted
shall, within twenty-four hours after such conviction, remove and
bury or cause to be buried at least three feet under the groundor destroy or cause to be destroyed as otherwise directed by the
commissioner of the bureau of public health or his or her duly
authorized representative any of such offensive materials which
the person so convicted has thrown, caused to be thrown, released
or knowingly permitted to remain in water used for domestic
purposes, contrary to the provisions of this section, and his
failure or refusal to do so shall constitute a misdemeanor and a
second violation of the provisions of this section. The
continued failure or refusal of such convicted person to so bury
or destroy such offensive materials shall constitute a separate,
distinct and additional offense for each successive twenty-four
hour period of such failure or refusal. Any person convicted of
any offense described in this paragraph shall be fined not less
than two hundred fifty dollars nor more than five hundred
dollars, or imprisoned in the county jail not more than ninety
days, or both fined and imprisoned.
§16-9-3. Depositing dead animals or offensive substances in or
near waters or on or near roads or on public or private
grounds; penalties; failure to bury or destroy offensive
substances after conviction; successive offenses.
Any person: (1) Who throws, causes to be thrown or releases
any dead animal, carcass, or part thereof, garbage, sink or
shower waste, organic substances, contents of a privy vault,
septic tank, cesspool or the effluent from any cesspool, spoiled
meat or nauseous or offensive or poisonous substances into any
river, creek or other stream, or upon the surface of any landadjacent to any river, creek or other stream in such a location
that high water or normal drainage conditions will cause such
offensive materials to be washed, drained or cast into the river,
creek or other stream; or (2) who throws, or causes to be thrown
or releases any of such offensive materials upon the surface of
any road, right-of-way, street, alley, city or town lot, public
ground, market space, common or private land; or (3) who, being
the owner, lessee or occupant of any city or town lot, public
ground, market space, common or private land knowingly permits
any such offensive materials to remain thereon or neglects or
refuses to remove or abate the public health menace or nuisance
occasioned thereby, within twenty-four hours of the service of
notice thereof in writing from the commissioner of the bureau of
public health or his or her duly authorized representative, shall
be guilty of a misdemeanor, and, upon conviction thereof, shall
be fined not less than two hundred fifty dollars nor more than
one thousand dollars. None of the provisions contained in this
section shall apply to those commercial or industrial wastes
which are subject to the regulatory control of the West Virginia
department of natural resources or the West Virginia air
pollution control commission.
Upon a conviction for any such offense, the person shall,
within twenty-four hours after such conviction, remove and bury
or cause to be buried at least three feet under the ground, or
destroy or cause to be destroyed as otherwise directed by the
commissioner of the bureau of public health or his or her
dulyauthorized representative, any of such offensive materials which
the person so convicted has placed or knowingly permitted to
remain upon such city or town lot, public ground, market space,
common or private land, contrary to the provisions of this
section. Such person's failure or refusal to do so shall
constitute a misdemeanor and a second offense against the
provisions of this section. The continued failure or refusal of
such convicted person to remove and bury or destroy such
offensive materials shall constitute a separate, distinct and
additional offense for each successive twenty-four hour period of
such failure and refusal. Any person convicted of any offense
described in this paragraph shall be fined not less than two
hundred fifty dollars nor more than one thousand dollars, or
imprisoned in the county jail not more than ninety days, or both
fined and imprisoned.
__________
(NOTE: The purpose of this bill is to increase the minimum
fines for sanitation violations to $250 and place a maximum fine
of $500 for most violations.)