H. B. 2928


(By Delegate Faircloth)
[Introduced February 26, 1999; referred to the
Committee on Political Subdivisions then the Judiciary.]



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, relating to prohibiting county, city or other local governments from imposing any additional requirements upon septic system installers other than those set forth in existing code.

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 to read as follows:
ARTICLE 1. DIVISION OF 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 the 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 the system or method to make alterations as may be necessary to correct the improper condition. Such The 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 constitutes prima 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 violates any provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars. The continued failure or refusal of such the 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 is 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 twenty-five dollars nor more than five hundred dollars for each such conviction: Provided, That none of the provisions contained in this section apply to those commercial or industrial wastes which are subject to the regulatory control of the West Virginia division of environmental protection.
Magistrates have concurrent jurisdiction with the circuit courts of this state for violations of any provisions of this section.
 The provisions of this section, or other existing sections of this code, shall be the only requirements imposed upon installers of septic systems, and no additional requirements may be imposed by any local government.


NOTE: The purpose of this bill is to prohibit county, city or other local governments from imposing any additional requirements on septic system installers other than those already set forth in existing code.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.