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Introduced Version Senate Bill 565 History

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sb565 intr
Senate Bill No. 565

(By Senator Unger)

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[Introduced March 17, 2005; referred to the Committee

on Natural Resources; and then to the Committee on Finance.]

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A BILL to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §16-1-9c, relating to inspections of individual water supply systems and individual wastewater systems; defining terms; providing for certification of inspectors; and requiring the Department of Health and Human Resources to propose legislative rules related to inspections and certifications.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §16-1-9c, to read as follows:
ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
§16-1-9c. Inspections of individual water supplies and wastewater systems; definition of terms; certification of inspectors; administrative rules for certification.

(a) Inspections of individual water supply systems or individual wastewater systems shall only be performed by an authorized representative of the Bureau for Public Health, an authorized representative of a local board of health or an inspector certified by the Commissioner of the Bureau for Public Health.
(b) As used in this section:
(1) "Individual water supply system" means any method or system of water supply, for a single unit of property, for which a permit is required pursuant to section nine of this article and which is not part of a public water system as defined in section nine-a of this article; and
(2) "Individual wastewater system" means any method or system of drainage, discharge or disposal of wastewater, sewage or excreta, including cesspools, septic systems and mechanical sewage systems, for which a permit is required pursuant to section nine of this article and which is not integrated into a public sanitary or sewer system.
(c) The Commissioner of the Bureau for Public Health shall administer and oversee the certification of inspectors of individual water supply and individual wastewater systems and shall promote and provide for reasonable uniformity in the inspection and evaluation of individual water supply and wastewater systems by private inspectors.
(d)
On or before the first day of July, two thousand five, the Secretary shall prepare and propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, establishing the criteria to be used in evaluating and inspecting an individual water supply system or an individual wastewater system.
(e)
On or before the first day of July, two thousand five, the Secretary shall prepare and propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, establishing the standards for certification of inspectors, which shall include, at a minimum, the following:
(1) Minimum educational requirements
for applicants for certifications;
(2) Provisions for testing and evaluating the knowledge and competence of each applicant;
(3) The duration of a certification and requirements for recertification on a regular basis;
(4) Continuing education requirements to maintain or renew a certification;
(5) Reasonable fees for application, testing and recertification; and
(6) Administrative procedures and grounds for the suspension or revocation of certifications.
NOTE: The purpose of this bill is to identify the persons qualified to perform inspections of individual water supply and wastewater systems, provide uniform criteria and methods for these inspections and provide for the certification of inspectors qualified to carry out these inspections.


This section is new; therefore, strike-throughs and underscoring have been omitted.
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