Senate Bill No. 580
(By Senator Unger)
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[Introduced February 17, 2003; referred to the Committee on
Health and Human Resources; and then to the Committee on Finance
.]
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A BILL to amend article one, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section nineteen,
relating to septic system and cesspool inspectors; and
inspections of individual water supplies and individual
on-site wastewater systems.
Be it enacted by the Legislature of West Virginia:
That article one, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
nineteen, to read as follows:
ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
§16-1-19. Existing individual on-site wastewater systems
evaluations and service providers for mechanical sewer systems and existing individual water
supplies.

(a) The commissioner of the bureau for public health shall
propose rules for legislative promulgation pursuant to the
provisions of article three, chapter twenty-nine of this code, to
establish a program regulating the evaluation of individual water
supplies and existing individual on-site wastewater systems and the
provision of service for all mechanical sewer systems. The rules
shall, at minimum, contain provisions:

(1) Providing for the certification of individual water
supplies, septic system and cesspool inspectors; and

(2) Providing for reasonable uniformity in inspections and
evaluations of existing individual water supplies and individual
on-site wastewater systems; and

(b) The certification program for evaluations of individual
water supplies and existing on-site wastewater systems and the
providing of service for mechanical sewer systems shall include, at
a minimum, provisions:

(1) Requiring the education and testing of applicants for
certification;

(2) Requiring continuing education to maintain certification;

(3) Requiring recertification on a regular basis;

(4) Containing a schedule of fees for certification,
recertification and testing;

(5) Specifying procedures and grounds for revocation of
certification; and

(6) All service providers shall provide the bureau of public
health an annual report of the condition of each mechanical sewer
system serviced. This shall be submitted on a form prescribed by
the commission.

(c) The rules required by this section shall be proposed no
later than the first day of July, two thousand three.

NOTE: The purpose of this bill is to require the Commissioner
of the Bureau for Public Health to establish, by legislative rule,
a program providing for the certification of inspectors of septic
systems and cesspools
and inspections of individual water supplies
and individual on-site wastewater systems.

This section is new; therefore, strike-throughs and
underscoring have been omitted.