H. B. 2030
(By Delegate Faircloth)
[Introduced
February 14, 2001
; 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. 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.
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 twenty-four 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.
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.