COMMITTEE SUBSTITUTE

FOR

H. B. 2028
(By Delegates Douglas, Faircloth and Manuel)


(Originating in the House Committee on Political Subdivisions)


[February 25, 1993]


A BILL to amend and reenact section three-aa, article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to county hazardous materials response teams; allowing county commissions to bill transporters and generators of hazardous materials for the cost of services provided to transporters and generators of hazardous materials involved in a hazardous materials incident and providing that any transporter or generator of hazardous materials failing to pay a bill for cost of services provided is liable for treble the cost of services.

 Be it enacted by the Legislature of West Virginia:
That section three-aa, article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-3aa. Authority of county commissions to create and fund a hazardous material accident response program.

In addition to all other powers and duties now conferred bylaw upon county commissions, county commissions are hereby authorized and empowered to create a hazardous material accident response program. The program may include the establishment of a hazardous materials response team. Such a The hazardous materials response team shall be comprised of the include members of the fire departments, recognized and approved by the West Virginia fire commission in the county, and who are designated by the county commission. and those The team shall also include members of emergency medical services personnel certified pursuant to article four-c, chapter sixteen of this code who are acting in their official capacity by providing ambulance or emergency medical services within the county as designated by the county. and who are designated as members of the hazardous materials response team by the county commission. Such a The team may also be comprised of members of include other people in the community who are recognized as having expertise with hazardous materials and/or or hazardous material incidents and who are designated by the county commission to serve on the team. The purpose of the team is to respond to hazardous material incidents. The affairs of the team shall be conducted The hazardous materials response team shall function and the members shall serve at the will and pleasure of the county commission. The team shall operate in cooperation with the county office of emergency services and other approved fire departments. The commission is authorized to receive donated funds and to expend those funds and to expend its own funds for the acquisition of equipment and materials for the use of the team and for the provision of training for use by and training of the members ofthe team. The county commission is hereby authorized to enter into agreements with other counties to combine or coordinate hazardous material response team training and for the purchase or lease and use of equipment or materials.
Any transporter or generator of hazardous materials who receives the services of a county hazardous materials response team is liable for the cost of necessary services provided by a county hazardous material response team. County commissions may bill a transporter or generator of hazardous materials for any costs incurred by the team in responding to a hazardous materials incident in which the transporter or generator is involved: Provided, That the transporter or generator may, within thirty days of receipt of the bill, appeal in writing to the county commission to request a hearing to address any costs which may be considered extraordinary for the services of the hazardous materials response team. The transporter or generator will hold payment of the costs in abeyance pending the final decision of the county commission. Any funds received by the county commission as a result of billing transporters and generators of hazardous materials shall be used by the county commission to implement the provisions of this section.
Any transporter or generator involved in a hazardous materials incident who fails to pay a bill for services provided by a county hazardous materials incident team within ninety days shall be liable for treble the cost of the services.
For purposes of this section, the term "generator" means any person, corporation, partnership, association or other legal entity, by site location, whose act or process produces hazardouswaste as identified or listed by the director of the division of natural resources in regulations promulgated pursuant to section six, article five-g, chapter twenty of this code, in an amount greater than twelve thousand kilograms per year.
For purposes of this section, the term "transporter" means any person engaged in the off-site transportation of hazardous waste by air, rail, highway or water.
For purposes of this section, the term "hazardous waste" means a waste or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics, may (A) cause,or significantly contribute to, an increase in mortality, or an increase in serious irreversible, or incapacitating, reversible illness; or (B) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.