ENGROSSED

Senate Bill No. 259

(By Senator Manchin)

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[Introduced March 3, 1993; referred to the Committee

on Health and Human Resources.]

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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 constituteprima facie evidence of the existence of a condition endangering public 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 Virginiadivision of natural resources or the West Virginia air pollution control 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 andbury 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 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 anyriver, creek or other stream, or upon the surface of any land adjacent 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 thecommissioner of the bureau of public health or his or her duly authorized 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.