Senate Bill No. 632
(By Senators Snyder and Unger)
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[Introduced March 26, 2001; referred to the Committee on Health
and Human Resources; and then to the Committee on Finance.]
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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, relating to requiring the
commissioner of the bureau of public health to promulgate
emergency rules for design standards for private water well
construction by the third day of December, two thousand one.
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. STATE PUBLIC HEALTH SYSTEM.
§16-1-9. Duties and powers of the commissioner; supervision over
local sanitation; violations; jurisdiction; penalties.
No person, firm, company, corporation, institution or
association, whether public or private, county or municipal, may
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 the system or method from the
commissioner or his or her authorized representative. All 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: Provided, That the commissioner
shall promulgate emergency rules by the thirty-first day of
December, two thousand one, setting design standards for private
water well construction.
Whenever the commissioner 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 or approved in writing by the commissioner or his or
her authorized representative, the commissioner or his or her
authorized representative shall issue an order requiring the owner of the system or method to make alterations necessary to correct
the improper condition. 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
authorized representative.
The presence of sewage or excreta being disposed of in a
manner not approved by the commissioner or his or her authorized
representative constitutes prima facie evidence of the existence of
a condition endangering public health.
The personnel of the bureau for 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 system or method.
Any person, firm, company, corporation, institution or
association, whether public or private, county or municipal,
violating any provision of this section is guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of not
less than fifty dollars nor more than five hundred dollars. Any
continuing failure or refusal of 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 or his or
her authorized representative is a separate, distinct and
additional offense for each 24-hour period of failure or refusal
and, upon conviction thereof, the violator shall be fined not less
than fifty dollars nor more than five hundred dollars for each
conviction: Provided, That none of the provisions contained in
this section apply to those commercial or industrial wastes that
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.
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(NOTE: The purpose of this bill is to
require the
commissioner of the bureau of public health to promulgate emergency
rules for design standards for private water well construction by
December, 3, 2001.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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HEALTH AND HUMAN RESOURCES COMMITTEE AMENDMENTS
On page two, section nine, line ten, by striking out the words
"thirty-first day of December, two thousand one" and inserting in
lieu thereof the words "first day of July, two thousand two";
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill no. 632--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
requiring the commissioner of the bureau of public health to
promulgate emergency rules for design standards for private water
well construction by the
first day of July, two thousand two.
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FINANCE COMMITTEE AMENDMENTS
On page one, section nine, line twenty-three, before the word
"No" by inserting "(a)";
On page two, section nine, line nine, after the word "rules"
by inserting the words "in accordance with article three, chapter
twenty-nine-a of this code";
On page two, section nine, line twelve, before the word
"Whenever" by inserting "(b)";
On page two, section nine, line twenty, after the word "make"
by inserting the word "the";
On page three, section nine, line one, before the word "The"
by inserting "(c)";
On page three, section nine, line five, before the word "The"
by inserting "(d)";
On page three, section nine, line eleven, before the word
"Any" by inserting "(e)";
And,
On page four, section nine, line four, before the word
"Magistrates" by inserting "(f)".