H. B. 2169
(By Delegates Gallagher, Douglas, Compton, Linch, Faircloth,
and Riggs)
[Introduced January 23, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section two, article five, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
division of health to promulgate legislative rules relating to
wastewater treatment works and operators.
Be it enacted by the Legislature of West Virginia:
That section two, article five, chapter sixty-four of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted, to read as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN
RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-5-2. State board of health; division of health.
(a) The legislative rules filed in the state register on the
second day of June, one thousand nine hundred eighty-two, relating
to the state board of health (waste water treatment works
operations), are authorized.
(b) The legislative rules filed in the state register on the
second day of June, one thousand nine hundred eighty-two, relating
to the state board of health (laboratory reporting of syphilis and
gonorrhea), are authorized.
(c) The legislative rules filed in the state register on the
second day of June, one thousand nine hundred eighty-two, relating
to the state board of health (public water supply operators) with the
modification of §11.02 as presented to the legislative rule-making
review committee on the ninth day of November, one thousand nine
hundred eighty-two, are authorized.
(d) The legislative rules filed in the state register on the
twenty-second day of October, one thousand nine hundred eighty-two,
relating to the state board of health (sewage systems) with the
modification presented to the legislative rule-making review
committee on the sixth day of December, one thousand nine hundred eighty-two, are authorized except lines ten through seventeen, page
eight of the rules shall be stricken in their entirety and the
remaining paragraphs renumbered.
(e) The legislative rules filed in the state register on the
second day of June, one thousand nine hundred eighty-two, relating
to the state board of health (approval of laboratories), are
authorized.
(f) The legislative rules filed in the state register on the
twenty-fourth day of November, one thousand nine hundred eighty-two,
relating to the state board of health (permit fees), are authorized.
(g) The legislative rules filed in the state register on the
third day of June, one thousand nine hundred eighty-two, relating to
the state board of health (certificate of need), are authorized.
(h) The legislative rules filed in the state register on the
sixteenth day of August, one thousand nine hundred eighty-two,
relating to the state board of health (eyes of newborn children), are
authorized.
(i) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred eighty-two, and
filed with amendments on the eleventh day of January, one thousand nine hundred eighty-three, relating to the state board of health
(nursing home licensure), are authorized with the amendment of
§5.15.02 of those rules as set forth below:
By striking the word "and" at the end of subdivision (f), by
changing the period at the end of subdivision (g) to a semicolon, and
by adding the following after subdivision (g): "(h) One (1) member
who represents social work services."
(j) The legislative rules filed in the state register on the
twenty-fourth day of November, one thousand nine hundred eighty-two,
relating to the state board of health (guardianship service), are
authorized with the exception of section 9.3 of those rules which may
not be promulgated.
(k) The legislative rules filed in the state register on the
third day of June, one thousand nine hundred eighty-two, relating to
the state board of health (controlled substances research program and
certification), are authorized.
(l) The legislative rules filed in the state register on the
fifth day of November, one thousand nine hundred eighty-two, relating
to the state board of health (chemical test for intoxication), are
authorized.
(m) The legislative rules filed in the state register on the
nineteenth day of December, one thousand nine hundred eighty-three,
relating to the state board of health (birthing center licensure),
are authorized.
(n) The legislative rules filed in the state register on the
fourteenth day of November, one thousand nine hundred eighty-three,
relating to the state board of health (licensure of behavioral health
centers), are authorized with the amendment set forth below:
Page 45, §12.8.2. In the first sentence delete the words
"without delay" and insert in lieu thereof the words "within twenty-
four hours after receiving a report of a complaint."
(o) The legislative rules filed in the state register on the
nineteenth day of December, one thousand nine hundred eighty-three,
relating to the state board of health (procedures for recovery of
corneal tissue for transplant), are authorized.
(p) The legislative rules filed in the state register on the
seventh day of September, one thousand nine hundred eighty-three,
relating to the state board of health (well water regulations), are
authorized with the amendments set forth below:
§4.1. In the first sentence delete the word "obtaining" and insert in lieu thereof the words "applying for". In the second
sentence after "4.3" add "and 4.5."
§4.2. At the end of the second sentence, strike the period and
add the words "unless emergency conditions prevail as noted under
§4.3."
With the balance of §4.2 and create a new §4.3 with the
following changes: In the first sentence delete the word "deadline"
and insert in lieu thereof the word "requirements." Add after the
first sentence the sentence, "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." In the third sentence delete
the word "exceed" and insert in lieu thereof the words "be made in
excess of."
Renumber §4.3 as §4.4 and add the following two sentences at the
end of the section: "Such standards shall constitute the minimum
standards for the installation, the alteration or the deepening of
water wells. Any plans approved by the director pursuant to these
regulations shall be in substantial compliance with the heretofore
mentioned standards."
Renumber §4.4 as §4.5, §4.5 as §4.6, §4.6 as §4.7, §4.7 as §4.8
and §4.8 as §4.9.
And,
§5.2. Delete the words "four (4)" and insert in lieu thereof
the words "two (2)" and delete the words "active, continuous."
(q) The legislative rules filed in the state register on the
third day of October, one thousand nine hundred eighty-four, relating
to the state board of health (trauma center or facility designation),
are authorized.
(r) The legislative rules filed in the state register on the
twenty-first day of December, one thousand nine hundred eighty-four,
relating to the state board of health (reportable diseases), are
authorized.
(s) The legislative rules filed in the state register on the
twenty-first day of December, one thousand nine hundred eighty-four,
relating to the state board of health (licensure of medical adult day
care centers), are authorized.
(t) The legislative rules filed in the state register on the
third day of October, one thousand nine hundred eighty-four, relating
to the state board of health (retail food store sanitation), are authorized.
(u) The legislative rules filed in the state register on the
seventeenth day of December, one thousand nine hundred eighty-five,
modified by the director of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of January, one thousand nine hundred
eighty-six, relating to the director of health (adult group home
licensure), are authorized.
(v) The legislative rules filed in the state register on the
twenty-ninth day of October, one thousand nine hundred eighty-five,
modified by the state board of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-seventh day of December, one thousand nine
hundred eighty-five, relating to the state board of health (licensure
of hospice care programs), are authorized.
(w) The legislative rules filed in the state register on the
thirty-first day of October, one thousand nine hundred eighty-five,
modified by the director of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-seventh day of December, one thousand nine hundred eighty-five, relating to the director of health (rules
governing emergency medical services), are authorized with the
amendments set forth below:
On page 3, §3.9 shall read as follows:
"3.9 Quorum -- When applied to the EMSAC, a majority of the
members thereof, except in the instance when at any meeting of the
EMSAC, where a quorum is not present and the director causes to be
deposited in the United States mail, postage prepaid, return receipt
requested, to each member of the EMSAC within three days, a notice
calling a meeting of the EMSAC at some convenient place in the state
of West Virginia two weeks after the meeting at which no quorum was
present. Quorum means any number of members of the EMSAC who attend
such subsequent meeting. Any member missing two consecutive meetings
shall be removed from the EMSAC."
On page 6, §4.7.1 shall be deleted in its entirety;
And,
On page 7, §4.10.1 shall read as follows:
"4.10.1 every applicant for certification as an EMSP prior to
such certification, shall demonstrate his or her knowledge and
ability by undergoing a written examination and a demonstration of skills, and by attaining a passing score on the same. Passing score
shall be the same for all testing programs."
(x) The legislative rules filed in the state register on the
fifth day of September, one thousand nine hundred eighty-five,
relating to the state department of health (revising the list of
hazardous substances), are authorized.
(y) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred eighty-six,
modified by the director of the department of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of October, one
thousand nine hundred eighty-six, relating to the director of the
department of health (hazardous material treatment information
repository), are authorized.
(z) The legislative rules filed in the state register on the
seventeenth day of July, one thousand nine hundred eighty-six,
modified by the state board of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the sixteenth day of October, one thousand nine hundred
eighty-six, relating to the state board of health (methods and standards for chemical tests for intoxication), are authorized.
(aa) The legislative rules filed in the state register on the
twenty-first day of November, one thousand nine hundred eighty-six,
modified by the state board of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-third day of December, one thousand nine
hundred eighty-six, relating to the state board of health (licensure
of behavioral health centers), are authorized.
(bb) The legislative rules filed in the state register on the
eighteenth day of April, one thousand nine hundred eighty-six,
modified by the state board of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the seventeenth day of October, one thousand nine hundred
eighty-six, relating to the state board of health (hospital
licensure), are authorized.
(cc) The legislative rules filed in the state register on the
ninth day of December, one thousand nine hundred eighty-six, modified
by the state board of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-third day of December, one thousand nine hundred eighty-six, relating to the state board of health (hospital
licensure and allowing hospitals to have licensed hospital
professionals, other than licensed physicians, on their medical
staff), are authorized.
(dd) The legislative rules filed in the state register on the
ninth day of December, one thousand nine hundred eighty-six, modified
by the state board of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-third day of December, one thousand nine
hundred eighty-six, relating to the state board of health (vital
statistics), are authorized.
(ee) The legislative rules filed in the state register on the
eleventh day of September, one thousand nine hundred eighty-seven,
relating to the director of the department of health (immunization
criteria for transfer students), are authorized.
(ff) The legislative rules filed in the state register on the
sixteenth day of November, one thousand nine hundred eighty-seven,
relating to the director of the department of health (hazardous
substances), are authorized with the amendment set forth below:
Page 33, section 8, line 8 (unnumbered), by adding at the end of section 8 the following proviso: "
Provided,
That the owner's or
operator's submissions are based on the threshold reporting
requirements contained in section 5, article 31, chapter 16."
(gg) The legislative rules filed in the state register on the
eighteenth day of November, one thousand nine hundred eighty-seven,
relating to the director of the department of health (trauma center
or facility designation), are authorized.
(hh) The legislative rules filed in the state register on the
twenty-second day of June, one thousand nine hundred eighty-eight,
modified by the state board of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of September, one thousand nine hundred
eighty-eight, relating to the state board of health (licensure of
hospice care programs), are authorized.
(ii) The legislative rules filed in the state register on the
fifteenth day of September, one thousand nine hundred eighty-eight,
modified by the state board of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the third day of November, one thousand nine hundred
eighty-eight, relating to the state board of health (water wells), are authorized with the amendment set forth below:
On page 2, §3.8, shall read as follows:
"3.8 Water Well -- Any excavation or penetration in the ground,
whether drilled, bored, cored, driven or jetted 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 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 which are regulated under chapter 22, 22a
or 22b of the code."
(jj) The legislative rules filed in the state register on the
twenty-second day of June, one thousand nine hundred eighty-eight,
modified by the state board of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of September, one thousand nine hundred
eighty-eight, relating to the state board of health (plumbing
requirements), are authorized.
(kk) The legislative rules filed in the state register on the
twenty-second day of June, one thousand nine hundred eighty-eight, modified by the state board of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of September, one thousand nine hundred
eighty-eight, relating to the state board of health (public water
supply operators), are authorized.
(ll) The legislative rules filed in the state register on the
nineteenth day of October, one thousand nine hundred eighty-eight,
modified by the state board of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twentieth day of December, one thousand nine hundred
eighty-eight, relating to the state board of health (volatile
synthetic organic chemicals), are authorized.
(mm) The legislative rules filed in the state register on the
second day of January, one thousand nine hundred ninety, modified by
the division of health to meet the objections of the legislative
rule-making review committee and refiled in the state register on the
seventeenth day of January, one thousand nine hundred ninety,
relating to the division of health (asbestos abatement licensing),
are authorized.
(nn) The legislative rules filed in the state register on the thirtieth day of August, one thousand nine hundred eighty-nine,
modified by the division of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the seventeenth day of November, one thousand nine
hundred eighty-nine, relating to the division of public health (AIDS-
related medical testing and confidentiality), are authorized.
(oo) The legislative rules filed in the state register on the
nineteenth day of December, one thousand nine hundred eighty-nine,
modified by the state board of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-fourth day of January, one thousand nine
hundred ninety, relating to the state board of health (nursing home
licensure), are authorized.
(pp) The legislative rules filed in the state register on the
nineteenth day of December, one thousand nine hundred eighty-nine,
relating to the state board of health (licensure of behavioral health
centers), are authorized.
(qq) The legislative rules filed in the state register on the
twenty-eighth day of December, one thousand nine hundred eighty-nine,
relating to the state board of health (methods and standards for chemical test for intoxication), are authorized.
(rr) The legislative rules filed in the state register on the
twenty-third day of July, one thousand nine hundred ninety, modified
by the board of health to meet the objections of the legislative
rule-making review committee and refiled in the state register on the
fifth day of September, one thousand nine hundred ninety, relating
to the board of health (fees for permits), are authorized with the
amendments set forth below:
On page two, subsection 3.6, by striking out all of the
subsection and renumbering the subsequent subsections.
On page four, subsection 5.4, by striking out all of the
subsection and renumbering the subsequent subsections.
And,
On page six, Table 64-30c, by striking out Table 64-30c and
inserting in lieu thereof a new table, to read as follows:
TABLE 64-30C.
Individual On-Site and Innovative Alternative Type
Sewage System Permit Fees
Type of SystemFees for Permit
Class I (New or Modified)$100
Class II (New or Modified)$100
Home Aeration Unit$100
(ss) The legislative rules filed in the state register on the
seventh day of December, one thousand nine hundred ninety, modified
by the board of health to meet the objections of the legislative
rule-making review committee and refiled in the state register on the
twenty-second day of January, one thousand nine hundred ninety-one,
relating to the board of health (public water systems, bottled water
and laboratory certification), are authorized.
(tt) The legislative rules filed in the state register on the
thirteenth day of December, one thousand nine hundred ninety,
modified by the board of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-second day of January, one thousand nine
hundred ninety-one, relating to the board of health (vital
statistics), are authorized.
(uu) The legislative rules filed in the state register on the
seventh day of January, one thousand nine hundred ninety-one,
modified by the division of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-second day of January, one thousand nine
hundred ninety-one, relating to the division of health (fees for services), are authorized.
(vv) The legislative rules filed in the state register on the
twenty-eighth day of December, one thousand nine hundred ninety,
modified by the division of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-sixth day of July, one thousand nine hundred
ninety-one, relating to the division of health (specialized health
procedures), are authorized.
(ww) The legislative rules filed in the state register on the
second day of January, one thousand nine hundred ninety-one, modified
by the division of health to meet the objections of the legislative
rule-making review committee and refiled in the state register on the
sixteenth day of May, one thousand nine hundred ninety-one, relating
to the division of health (emergency medical services), are
authorized.
(xx) The legislative rules filed in the state register on the
tenth day of September, one thousand nine hundred ninety-one,
modified by the secretary of the department of health and human
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the third day of January, one thousand nine hundred ninety-two, relating to the
secretary of the department of health and human resources (retail
food store sanitation), are authorized.
(yy) The Legislature hereby authorizes and directs the division
of health to promulgate the legislative rule relating to swimming
pools and bathing beaches, 64 CSR 16, effective the fifth day of May,
one thousand nine hundred eighty, with the amendment set forth below:
On page five, section 11.3 by striking out the period following
the word "beach" and adding the following: "
Provided,
That at
hotels, motels, apartment complexes, or condominiums which have
swimming pools of five feet or less in depth at the deepest point,
employment of lifeguards is recommended but not mandatory, whether
or not the establishment charges an admission fee (gate receipt,
annual pass or membership dues). If no lifeguards are employed, the
management shall post a sign in a prominent location near the
swimming pool stating "SWIM AT YOUR OWN RISK - ALL PERSONS UNDER THE
AGE OF 14 MUST BE ACCOMPANIED BY AN ADULT."
(zz) The legislative rules filed in the state register on the
sixteenth day of September, one thousand nine hundred ninety-two,
modified by the division of health to meet the objections of the legislative rule-making review committee and refiled in the state
register on the seventeenth day of November, one thousand nine
hundred ninety-two, relating to the division of health (trauma center
or facility designation), are authorized.
(aaa) The legislative rules filed in the state register on the
second day of November, one thousand nine hundred ninety-two,
modified by the division of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the nineteenth day of February, one thousand nine hundred
ninety-three, relating to the division of health (primary care center
seed money grants), are authorized.
(bbb) The legislative rules filed in the state register on the
second day of November, one thousand nine hundred ninety-two,
modified by the division of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the nineteenth day of February, one thousand nine hundred
ninety-three, relating to the division of health (primary care center
uncompensated care grants), are authorized.
(ccc) The legislative rules filed in the state register on the
sixteenth day of August, one thousand nine hundred ninety-three, modified by the division of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of October, one thousand nine hundred
ninety-three, relating to the division of health (cancer registry),
are authorized.
(ddd) The legislative rules filed in the state register on the
fifteenth day of August, one thousand nine hundred ninety-four,
modified by the division of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twentieth day of October, one thousand nine hundred
ninety-four, relating to the division of health (wastewater treatment
works and operators), are authorized.
NOTE: The purpose of this bill is to authorize the Division of
Health to promulgate legislative rules relating to wastewater
treatment works and operators.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.