Senate Bill No. 551
(By Senators Ross and Helmick)
[Introduced February 19, 1996; referred to the Committee
on Natural Resources.]
A BILL to amend and reenact section seven, article one, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to public health;
state bureau of public health; promulgation of rules; and
providing that the secretary of the department of health and
human resources amend the legislative rules promulgated for
the regulation of water wells.
Be it enacted by the Legislature of West Virginia:
That section seven, article one, chapter sixteen of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. STATE BUREAU OF PUBLIC HEALTH.
§16-1-7. Promulgation of rules; references to board to mean secretary of department of health and human
The secretary of the department of health and human
shall have has the power to promulgate such rules and
regulations, in accordance with the provisions of chapter twenty-
nine-a of the code, as are necessary and proper to effectuate the
purposes of this chapter and prevent the circumvention and
evasion thereof: Provided, That no rules or regulations shall
may be promulgated or enforced restricting the subdivision or
development of any parcel of land within which the individual
tracts, lots or parcels exceed two acres each in total surface
area and which individual tracts, lots or parcels have an average
frontage of not less than one hundred fifty feet even though the
total surface area of said tract, lot or parcel equals or exceeds
two acres in total surface area, and which tracts are sold,
leased or utilized only as single family dwelling units. The
provisions next above notwithstanding, nothing in this section
shall be construed to abate the authority of the department of
health and human resources to: (1) Restrict the subdivision or
development of such tract for any more intense or higher density
occupancy than such single family dwelling unit; (2) promulgate and enforce rules and regulations applicable to single family
dwelling units for single family dwelling unit sanitary sewerage
disposal systems; or (3) restrict any subdivision or development
which might endanger the public health, the sanitary condition of
streams, or sources of water supply. The secretary shall have
has the power to appoint or designate advisory councils of
professionals in the areas of hospitals, nursing homes, barbers
and beauticians, postmortem examinations, mental health and
mental retardation centers and such other areas as it deems
necessary to advise the secretary on rules and regulations. Such
rules and regulations shall include, but not be limited to, the
(1) The sanitary condition of all institutions and schools,
whether public or private, public conveyances, dairies,
slaughterhouses, workshops, factories, labor camps, all other
places open to the general public and inviting public patronage
or public assembly, or tendering to the public any item for human
consumption, and places where trades or industries are conducted;
(2) Occupational and industrial health hazards, the sanitary
conditions of streams, sources of water supply, sewerage
facilities and plumbing systems, and the qualifications of personnel connected with any of such facilities, without regard
to whether such supplies or systems are publicly or privately
owned; and the design of all water systems, plumbing systems,
sewerage systems, sewage treatment plants, excreta disposal
methods, swimming pools in this state, whether publicly or
(3) Food and drug standards, including cleanliness,
proscription of additives, proscription of sale, and other
requirements in accordance with article seven of this chapter, as
are necessary to protect the health of the citizens of this
(4) The training and examination requirements for emergency
medical service attendants and mobile intensive care paramedics;
the designation of the health care facilities, health care
services, and the industries and occupations in the state which
must have emergency medical service attendants and mobile
intensive care paramedics employed, and the availability,
communications, and equipment requirements with respect thereto;
(5) The collection of data on health status, the health
system and the costs of health care;
(6) Other health-related matters which the department of health is authorized to supervise, and for which the rule-making
authority has not been otherwise assigned;
(7) The health and sanitary conditions of establishments
commonly referred to as bed and breakfast inns. For purposes of
this section, "bed and breakfast inn" means an establishment
providing sleeping accommodations and, at a minimum, a breakfast
for a fee: Provided, That the secretary may not require an owner
of a bed and breakfast providing sleeping accommodations of six
or fewer rooms to install a restaurant style or commercial food
service facility: Provided, however, That the secretary may not
require an owner of a bed and breakfast providing sleeping
accommodations of more than six rooms to install a
restaurant-type or commercial food service facility if the entire
bed and breakfast inn or those rooms numbering above six are used
on an aggregate of two weeks or less per year.
Notwithstanding any other provision of this code to the
contrary, whenever in this code there is a reference to the state
board of health, it shall be construed to mean and shall be a
reference to the secretary of the state department of health and
Notwithstanding the references to regulation of water systems in subdivision (2) of this section, the secretary shall
amend the legislative rules in Title 64, Series 19 of the code of
state rules relating to water well regulations as follows:
DEPARTMENT OF HEALTH
WATER WELL REGULATIONS
1.1. Scope. -- This legislative rule establishes the
certification of water well drillers and the issuance of permits
for water well installations and alterations.
1.2. Authority. -- W.Va. Code §16-1-7, §16-1-9 and
1.3. Filing Date. -- June 27, 1989
1.4. Effective Date. -- July 1, 1989
1.5. Notice of Public Hearing -- July 15, 1987
1.6. Public Hearing -- August 14, 1987
1.7. Final Approval -- This rule was approved by the
State Board of Health on August 19, 1988.
1.8. Supersession and Repeal of Former Regulations --
This rule supersedes and repeals Water Well Regulations, West Virginia Legislative Rules, 64 CSR 19, 1984.
§64-19-2. Application and Enforcement.
2.1. Application --
This rule shall apply to all water well
drillers and contractors These legislative rules shall apply to
any business, firm or individual drilling a water well in West
2.2. Enforcement -- The enforcement of this rule is vested
with the director of the West Virginia department of health or
his lawful designee. The director or his or her lawful designee
cannot alter of change rules established by the Legislature. The
director or his or her lawful designee will forward all well
drilling complaints or violations to the well drillers board for
3.1. Application -- The state department of health's
standard form(s) for applying for well driller certification,
water well permit or permit modification, including any
additions, revisions or modifications to the form(s).
3.2. Certified Well Driller -- An individual granted a
written certificate by the
director to drill, construct, alter or
abandon water wells and who meets the requirements of this rule water well drillers licensing board to engage in the art of water
3.3. Design Standards -- Those specifications, drawings and
promulgated by the director approved by the
Legislature to ensure proper location, design, construction,
completion and abandonment of water wells. West Virginia state
design standards cannot be altered by county, city or other local
government boards or officials.
3.4. Director -- Director of the state department of health
or his or her lawful designee.
3.4a. Lawful Designee -- A person appointed by the director
to oversee state design standards and rules and includes county
health officers and county sanitarians.
3.5. Person -- An individual, partnership, association,
syndicate, company, firm, trust, corporation, government
corporation, institution, department, division, bureau, agency,
federal agency or any other entity recognized by law.
3.6. Public Water System or Supply - A public water system
is any water system or supply which regularly supplies or offers
to supply piped water to the public for human consumption, if
serving at least an average of twenty-five (25) individuals per day for at least sixty (60) days per year, or which has at least
fifteen service connections, and shall include: (1) Any
collection, treatment, storage, and distribution facilities under
the control of the owner or operator of such system and used
primarily in connection with such system; and (2) any collection
or pretreatment storage facilities not under such control which
are used primarily in connection with such system. A public
water system shall not include a system which meets all of the
following conditions: (1) Which consists only of distribution and
storage facilities (and does not have any collection and
treatment facilities); (2) which obtains all of its water from,
but is not owned or operated by a public water system which
otherwise meets the definition; (3) which does not sell water to
any person; and (4) which is not a carrier conveying passengers
in interstate commerce. Public water supply wells are not
constructed to the same specifications as a domestic water well.
3.7. Water Well -- Any excavation or penetration in the
ground, whether drilled, bored, cored, driven, or jetted for a
water supply for potable water, that enters or passes through an
aquifer for purposes that may include, but are not limited to:
A water supply, exploration for water, dewatering or for open-loop heat pump wells, except that this definition shall not
include ground water monitoring activities and all activities for
the exploration, development, production, storage and recovery of
coal, oil and gas and other mineral resources, closed-loop heat
systems, anode holes, and other nonpotable water drilling which
are regulated under chapter 22, 22a or 22b of the code.
3.8. Water Well Contractor -- Any individual, partnership,
syndicate, association, company, firm, trust, corporation or any
other entity that contracts to drill, construct, alter or abandon
water wells in the State of West Virginia.
3.9. Well Completion Report -- A record accurately kept,
at the time of drilling, showing the depth, thickness, character
of the different strata penetrated, location of water-bearing
strata, water level, depth, size, type and amount of casing
installed, location of the well, owner, driller, date well was
completed and any other information required by the director.
3.10. Well Driller -- An individual that engages in water
well drilling, construction, alteration, or abandonment or who
supervises these activities.
§64-19-4. Permit to Install.
4.1. On and after the effective date of this rule, no water well contractor shall drill, construct, alter or abandon a water
well without applying for a permit to do so from the director.
The requirements for application and for permit issuance are set
forth in Sections 4.2, 4.3, and 4.5 of this rule.
4.2. A permit to drill, construct, alter or abandon a water
well shall be obtained by either the water well contractor or
owner. The permit shall be applied for at least
five (5) days prior to the actual well drilling, construction,
alteration or abandonment unless emergency conditions prevail as
noted under Section 4.3. A permit is not required to clean an
existing well. A permit is not required to up-grade well casing
to above ground for installation of pitless adapter.
4.3. If emergency conditions or other unavoidable
circumstances prohibit meeting the application requirements, the
fifteen (15) five (5) day period will be waived. Emergency
conditions and unavoidable circumstances are those conditions
involving acts of God, water outages or disruption of water
service, unsatisfactory water quality or quantity, or public
health threats. A driller, under the emergency and unavoidable
circumstances may drill a well before the permit is applied for
and before the permit is issued. However, under no conditions shall submission of the permit application be made in excess of
thirty (30) calendar days after completion of drilling,
constructing, altering or abandoning a water well. Emergency
conditions do not apply to new construction sites.
4.3a. If a dry well or a low-producing well is constructed
and the owner wishes to drill a second (or more, if needed) well,
additional well or wells may be drilled on existing permit
without applying for additional site permits.
4.4. Water wells shall be drilled, constructed, altered or
abandoned in accordance with Water Well Design Standards, West
Virginia Department of Health Interpretive Rules, 64 CSR 46, and
Design Standards for Public Water Supply Systems, West Virginia
Department of Health, Interpretive Rules, 64 CSR 42, or plans
which have been approved in writing by the
Such standards shall constitute the minimum standards for the
drilling, construction, alteration or abandonment of water wells.
Any plans approved by the director pursuant to this rule shall be
in substantial compliance with the heretofore mentioned
4.5. Application for permit to construct shall consist of one
be made to the director on forms a form prescribed by the director and shall be jointly signed by the water well contractor
4.6. In the event the permit application is denied, the
director shall state, in writing, the reason(s) for denial and
furnish same to
applicant applicants (both well driller and
owner) within fifteen (15) five (5) days from receipt of
application. Any application not denied to both parties in the
five (5) day period shall be considered approved. A well permit
cannot be denied due to lack of a septic or sewage system. A
well permit cannot be denied because municipal or public water is
4.7. A permit, unless revoked, shall be valid for a period
of one (1) year from date of issuance. In the event construction
or alteration is not completed within
that time a one (1) year
period, the director may extend the time limit upon written
request by the permittee. An extension request must be within
forty-five (45) days after the expiration date. Permits are not
4.8. A permit to install may be revoked or denied by the
director for failure to comply with the provisions of the permit,
any applicable provision of the regulations
or orders issued pursuant thereto. Such revocation shall be in writing and shall
state the reasons for revocation or denial.
4.9. Any person whose application for permit to construct a
water well has been revoked or denied may, within thirty (30)
days from receipt of permit denial or revocation, request a
hearing in accordance with Section 10, Administrative Due
4.10. No state, county or local board or authority may charge
for or order to be collected a permit fee for a water well permit
in West Virginia.
4.11. Well drilling contractors will have on file with the
board a copy of the current West Virginia contractors license.
A well permit will not be issued to any contractor who does not
have a current West Virginia contractors license.
§64-19-5. Bonding of Water Well Contractors.
5.1. Effective January 1, 1990, each water well contractor
shall have a current contractor's bond payable to the director
upon forfeiture, and liability insurance coverage effective
throughout West Virginia in a form determined by the director and
the board. The contractor's bond shall be
in an amount
determined by the director but not exceeding five thousand ($5,000.00). Lack of a current contractor's bond shall be deemed
sufficient grounds for denial of a water well permit.
5.2. Forfeiture of the contractor's bond
shall be predicated
upon a failure to construct, alter, or abandon a water well in
accordance with this rule can only occur by Section 6-5 "Gross
negligence" or Section 6-11 "Misconduct".
5.3. The surety shall have the option of forfeiting the
contractor's bond or completing the well in accordance with rules
and standards specified in Section 5.2 of this rule.
proceeds of a forfeiture shall be expended by the director to
alter or abandon the well in accordance with applicable rules and
standards. Any excess therefrom shall be retained by the
director and expended for the purpose of altering or abandoning
water wells in accordance with applicable rules and standards
Only the amount needed to correct the deficient well work shall
be expended by the board to bring the well in accordance with
applicable rules and standards.
5.4. The surety shall have the option of canceling a
contractor's bond after providing notice to the director at least
thirty (30) days prior to cancellation.
5.5. In lieu of the bond required by Section 5.1 of this rule, the director and the board may accept an irrevocable letter
of credit issued by a bank chartered by the state of West
Virginia or a member bank of the federal reserve system.
Confirmation of such irrevocable letter of credit shall be in
writing and shall be signed by the issuing or confirming bank.
5.6. No well drilling contractor will be issued a permit to
construct a well unless the contractor is bonded as required by
Section 5.1. Licensed drillers (all classes) working in the
employment of a drilling company are to be covered by the company
6.1. "Apprentice" means a person licensed by the board to
work under the direction and control of a principal licensee for
the specific purpose of training to practice water well drilling.
6.2. "Approved training" means courses of study, field
training, or programs of instruction in the practice of water
well drilling and related subjects that are approved by the
6.3. "Board" means the West Virginia State Board of Well
Drillers (see section 8).
6.4. "Clock hour" or credit hour means the amount of time, usually one hour per fifty minutes of instruction, that is
accredited by the board.
6.5. "Gross negligence" means an action or inaction by a
licensee or an applicant for a license that is significantly
deficient from the action or inaction expected by the profession.
Gross negligence is determined by the board on a case-by-case
6.6. "Helper" means a person who assists a licensee, but does
not practice well drilling.
6.7. "Incompetency" means an action or inaction by a licensee
or an applicant for a license which demonstrates a general lack
of knowledge or ability to practice well drilling. Incompetency
is determined by the board on a case-by-case basis.
6.8. "Journeyman well driller" means a person licensed by the
board to practice well drilling under the general supervision of
a master well driller. A journeyman well driller may do on site
inspections for well permits without the assistance of a master
driller who he or she is employed by.
6.9. "Licensee" means a person licensed by the board.
6.10. "Master well driller" means a person licensed by the
board to practice well drilling without restriction.
6.11. "Misconduct" means a willful or intentional action or
inaction by a licensee or an applicant for a license that is
deficient from the action or inaction expected by the profession
under the same circumstances. Misconduct is determined by the
board on a case-by-case basis.
6.12. "Practice well drilling" includes making, altering,
repairing, or sealing (plugging) a well.
6.13. "Principal licensee" means a person licensed by the
board as a master well driller.
6.14. "Well rig operator" means a person licensed by the
board to practice well drilling only under the employment of a
§64-19-6A. Certification of Water Well Drillers.
6A.(1) Experience Required for Initial Licenses. Before an
applicant may be examined in a particular class of license, the
applicant shall have acquired the experience in column (A) of
this regulation. If the applicant has practiced well drilling in
accordance with all laws and regulations in a state that does not
have comparable license classes, the applicant shall have
acquired the experience listed in column (B) of this regulation
as established to the satisfaction of the Board.
CLASS A B
Master WellTwo years as a Journey-
Seven years practicing
Drillerman well driller.well drilling, two of
the last three of which
shall have been spent
operating the equipment
used for the construct-
ing of wells.
Journeyman Three years as anFive years practicing
Well Drillerapprentice wellwell drilling, two of
driller.the last three of which
shall have been operat-
ing the equipment used
the construction of
ApprenticeOne year as a helper.One year as a helper.
Well RigSixty months or tenSixty months or ten
Operatorsthousand hours of thousand hours of
on-the-job training.on-the-job training.
Most West Virginia drilling companies are family owned
drilling businesses handed from generation to generation. This
contributes greatly to the high degree of skill and ability
involved in the construction of water wells. Due to the vast
experience one obtains growing up in a family owned drilling
business, an immediate family member may at the age of eighteen
apply for a master driller's license as outlined in column (B).
In the case of an untimely death or unforeseen physical hardship
of a single (1) master driller family operated business, the
board will grant a two-year grace period for spouse and children
to obtain drilling licenses.
Well drillers in West Virginia with current driller's
certification at the effective date of this legislative rule will
be classified as master driller. Drillers or employees in the
current two-year experience program will be given a grace period
(not to exceed two years) to apply for a master license
6.A. (2) Unlicensed experience in violation of the
requirements of the laws or regulations, or both, of any state
does not qualify as experience for an examination.
6.A. (3) West Virginia will exercise reciprocity of well drillers licenses with other states that require equal or greater
qualifications for examination.
6.A (4) An applicant for an apprentice license shall have a
sponsor who is licensed by the board and who:
(A) Is licensed as a principal licensee (master well
(B) Is actively engaged in the practice of well drilling.
(C) Agrees to supervise the apprentice throughout the term
of the apprenticeship.
(D) Either employ the apprentice that he or she sponsors or
work with the apprentice for a common employer.
(E) Submit progress reports on a form provided by the board
upon request, but not less frequent than semiannually.
6.A (5) The maximum term of apprenticeship is sixty months
or ten thousand hours of on-the-job training. Failure to qualify
and become licensed in a license class other than apprentice
class within six months after completion of the maximum term will
result in automatic conversion of the apprentice license to a
well rig operator license. The board may extend the term of
apprenticeship for up to six months or one thousand hours for
good cause shown. Extension must be applied for within sixty days after maximum term. Loss of sponsorship results in
automatic termination of the apprentice license. The board may,
however, approve the transfer of sponsorship to another principal
licensee acceptable to the board.
6.A. (6) An apprentice or well rig operator may practice
well drilling only under the general supervision and
responsibility of a principal licensee. An apprentice or well
rig operator may perform, under the responsibility of a principal
licensee, all operations within the scope of the licensee issued
to the apprentice or well rig operator if he or she can maintain
contact with the principal licensee by on-site telephone, two-way
radio, or radiotelephone. As part of the apprenticeship, the
board may require an apprentice to complete certain tasks that
are necessary for the practice of well drilling, and may observe
the completion of those tasks.
6.A. (7) A person may not practice well drilling or
represent to the public that the person is authorized to practice
well drilling in this state of West Virginia unless that person
is licensed by the board. No firm, corporation, or person can
advertise, act as an agent for, contract, or represent one's self
as a well driller without proper licensing for well drilling by the board. Example-A licensed or unlicensed septic installer,
pump installer, home contractor, or plumber cannot practice or
advertise for well drilling unless he or she is also licensed for
6.1. There shall be a certified water well driller on-site in
direct charge of drilling, construction, altering or abandonment
of a water well.
6.2. To be eligible for certification, the applicant must
be able to demonstrate a minimum of two (2) years of water well
drilling experience under the supervision of a certified well
6.3. 6A.8. Well drillers actively engaged in a water well
drilling business as a water well driller on or before June 8,
1984 shall be exempt from the minimum experience requirements.
6.4. 6A.9. An application for certification as a well
driller shall be made in writing to the director board on a form
prescribed by the director board . Information required on the
form may include, but not be limited to: Name, address,
education, experience, business name and references.
6.5. 6A.10. The director by recommendation of the board may
suspend, revoke or deny certification if the information on the application form is incomplete, inaccurate, false or misleading,
or indicates that the provisions of this rule cannot be met. The
director may revoke or suspend the certification of a driller who
knowingly violates either this rule or the provisions of a water
6.6. 6A.11. Certification shall not be transferable or
assignable and shall automatically become invalid upon suspension
6.7. 6A.12. Certification shall expire five (5) years after
date of issuance and may be renewed thirty (30) days before such
expiration date. Notice will be given to licensee 60 days before
6.8. 6A.13. When certification has been denied, suspended
or revoked, the person thereby affected shall immediately
discontinue the drilling, altering, constructing and abandonment
of water wells.
6.9. 6A.14. Any person whose application for certification
has been denied, or whose certification has been suspended or
revoked, may request a hearing in accordance with Section 11,
Administrative Due Process, of this rule with the board. The
applicant must submit a written request for hearing within thirty (30) days from receipt of denial, suspension, or revocation of
6.10. 6A.15. Denial, suspension or revocation of
certification shall be in writing from the director and/or the
board and shall state specific reasons for the denial, suspension
6.11. 6A.16. Suspension or revocation of certification
shall be preceded by a written notice from the director and/or
the board, at least ten (10) days prior to actual revocation or
6.12. 6A.17. In addition to filing an application for
becoming certified to drill, construct, alter or abandon water
wells, the applicant must pass an oral or written examination to
assure the director board that the applicant is thoroughly
familiar with all requirements of applicable laws, regulations
and design standards pertaining to water well drilling and
construction. Examinations shall be administered by personnel of
the West Virginia department of health. A passing grade of
seventy per cent (70%) must be obtained before becoming
certified. An applicant who has failed an examination must wait
thirty (30) days before again taking the examination.
§64-19-7. Identification Numbers of Water Well Rigs and Well
7.1. It shall be the duty of all water well contractors to
see that all water well rigs used by them or their employees in
the water well drilling business are marked with legible and
plainly visible identification numbers at all times.
7.2. The identification number to be used on water well
rigs shall be
the certification number of the water well driller
at the well site who is responsible for the water well drilling
operations CONTRACTOR LICENSE authorized by the West Virginia
Contractor Licensing Board. Each drill rig shall also have at
least one master driller license number which can be either the
company owner's number or a master driller's number that is
employed by that company.
Certification Identification numbers shall be printed
upon each at least one side of every water well rig in numerals
of not less than two one inches high and such numerals shall be
in a color sufficiently different from the color of the vehicle
or equipment so that the certification identification number
shall be plainly legible.
Water well contractors shall see that all water well rigs used by them or their employees in the well drilling
business are marked as provided in Section 7.2 and 7.3 of this
7.5. Each well drilling contractor shall securely attach a
metal tag or embossed well cap or stamped well cap to the well
head containing the following information: Contractor's name and
permit number, depth of well and date of construction or
alteration phone number. Only information that can be printed on
well caps at time of manufacture will be required, other
information such as well depth, flow, permit number and date of
construction will be included on well completion report.
§64-19-8. Records of Completed Water Wells.
8.1. Within thirty (30) days after the completion of a water
well, the water well contractor shall provide the owner with one
(1) copy and the director with two (2) copies of a record
indicating the well owner's name, location of the well to include
longitude and latitude, drillers name, well depth, geological
materials and thicknesses of material penetrated, type/size, and
amount of casing,
water levels, date of completion , and any other
information which may be required by the director. This
information shall be provided on forms prescribed by the director. A well is completed when it is ready for service. No
completion report is required for undrilled wells.
§64-19-9. West Virginia Board of Well Drillers.
The director may establish an advisory board and
designate the chairman of said board.
advisory well driller's board membership shall
consist of , but not necessarily be limited to, the following
Certified well drillers:
3 5 members
State health department: 1 member appointed by director or
Local health department: 1 member appointed by director
West Virginia geological survey: 1 member appointed by
9.3. The duties of the
advisory well driller's board shall
be assigned by the director Legislature and shall consist of:
(a) Review of all proposed well regulations and/or design
changes and recommending action on the changes to the
(b) Review of all complaints or violations against drillers
or state and county sanitarians and instructing director on
proper action to be taken;
(c) Writing and supervising written or oral examination and/or
field examination for well driller license;
(d) Arbitrating any disputed sections of the water well
regulations and design standards.
director board may establish other boards, committees
and commissions to assist in carrying out the provisions of this
rule and shall meet no less than once a month. Funding for the
board shall come from the state health department revenues.
10.1. For a Public Water System -- Any individual,
partnership, association, syndicate, company, firm, trust,
corporation, government corporation, institution, department,
division, bureau, agency, federal agency, or any entity
recognized by law who shall violate any provision of this
section, or any of the regulations or orders issued pursuant
thereto, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not less than twenty-five dollars ($25)
nor more than two hundred ($200), and each day's violation shall
constitute a separate offense. In addition thereto, the state
director of health, or his authorized representative, may seek
injunctive relief in the circuit court of the county in which all or part of the public water system is situated for threatened or
continuing violations. For a willful violation of this section,
or of any of the regulations or orders issued thereunder, an
individual, partnership, association, syndicate, company, firm,
trust, corporation, government corporation, institution,
department, division, bureau, agency, federal agency, or other
entity recognized by law, upon a finding thereof by the circuit
court of the county in which the violation occurs, shall be
subject to a civil penalty of not more than five thousand dollars
($5,000), and each day's violation shall be grounds for a
10.2. For all Other Water Systems. -- Any person, firm,
company, corporation, institution, 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
twenty-five dollars ($25) nor more than five hundred dollars
($500). The continued failure or refusal of such convicted
person, firm, company, corporation, institution, whether public
or private, county or municipal, to make the alterations
necessary to protect the public health required by the state director of health or his duly authorized representative shall
constitute a separate, distinct and additional offense for each
twenty-four (24) hour period of such failure or refusal, and upon
conviction thereof, the violator shall be fined not less than
twenty-five dollars ($25) nor more than five hundred dollars
($500) for each such conviction.
10.3. Failure by the director or his or her lawful designee
to follow these legislative rules (see Section 2.2 and Section
3.4a) can result in legal action and cause the director or his or
her lawful designee to be subject to penalties.
10.4 Any person, firm or corporation drilling a water well in
West Virginia without proper driller licenses, bond and/or West
Virginia Contractor License will be subject to a penalty no less
than the amount of the current well driller's bond, but no more
than two times the current well driller's bond.
§64-19-11. Administrative Due Process.
Administrative Due Process. -- Those persons adversely
affected by the enforcement of this rule desiring a contested
case hearing to determine any rights, duties, interests or
privileges shall do so in a manner prescribed in the Rules of
Procedure for Contested Case Hearings and Declaratory Rulings, West Virginia Department of Health Procedural Rules, 64 CSR 1.
Severability. -- If any provisions of this rule or the
application thereof to any person or circumstance shall be held
invalid, such invalidity shall not affect the provisions or the
application of this rule which can be given effect without the
invalid provisions or application, and to this end the provisions
of this rule are declared to be severable.
NOTE: The purpose of this bill is to require the Secretary
of the Department of Health and Human Resources amend the
legislative rules promulgated for the regulation of water wells.
Strike-throughs indicate language that would be stricken from
the present law or legislative rule, and underscoring indicates
new language that would be added.
§64-19-6 is new; therefore, strike-throughs and underscoring
have been omitted.