Senate Bill No. 58
(By Senator Lucht)
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[Introduced February 16, 1993; referred to the Committee
on Government Organization.]
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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; and 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.
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 by
law upon county commissions, county commissions are herebyauthorized 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
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 materials 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 andtraining of the members of the 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 incident
response team is liable for the cost of necessary services
provided by the 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. Any funds received by the
county commission as a result of billing transporters and
generators of hazardous materials shall be used by the commission
to implement the provisions of this section.
Any person, 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 one year
shall be liable for treble the cost of the services.
NOTE: The purpose of this bill is to allow county
commissions to charge transporters and generators of hazardous
materials for costs incurred by the county hazardous materials
response team in responding to a hazardous materials incident in
which the transporter or generator is involved.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.