Senate Bill No. 36

(By Senators Ross, Anderson, Sharpe, White, Dugan and Scott)

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[Introduced February 13, 1997; referred to the Committee
on Natural Resources; and then to the Committee on the Judiciary.]
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A BILL to amend and reenact section seven, article one, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to public health; state bureau of public health; promulgation of rules; and providing that the secretary of the department of health and human resources amend the legislative rules promulgated for the regulation of water wells.

Be it enacted by the Legislature of West Virginia:
That section seven, 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 BUREAU OF PUBLIC HEALTH.

§16-1-7. Promulgation of rules; references to board to mean secretary of department of health and human resources.

The secretary of the department of health and human resources shall have has the power to promulgate such rules and regulations, in accordance with the provisions of chapter twenty-nine-a of the code, as are necessary and proper to effectuate the purposes of this chapter and prevent the circumvention and evasion thereof: Provided, That no rules or regulations shall may be promulgated or enforced restricting the subdivision or development of any parcel of land within which the individual tracts, lots or parcels exceed two acres each in total surface area and which individual tracts, lots or parcels have an average frontage of not less than one hundred fifty feet even though the total surface area of said tract, lot or parcel equals or exceeds two acres in total surface area, and which tracts are sold, leased or utilized only as single family dwelling units. The provisions next above notwithstanding, nothing in this section shall be construed to abate the authority of the department of health and human resources to: (1) Restrict the subdivision or development of such tract for any more intense or higher density occupancy than such single family dwelling unit; (2) promulgate and enforce rules and regulations applicable to single family dwelling units for single family dwelling unit sanitary sewerage disposal systems; or (3) restrict any subdivision or development which might endanger the public health, the sanitary condition of streams, or sources of water supply. The secretary shall have has the power to appoint or designate advisory councils of professionals in the areas of hospitals, nursing homes, barbers and beauticians, postmortem examinations, mental health and mental retardation centers and such other areas as it deems necessary to advise the secretary on rules. And regulations Such rules and regulations shall include, but not be limited to, the regulation of:
(1) The sanitary condition of all institutions and schools, whether public or private, public conveyances, dairies, slaughterhouses, workshops, factories, labor camps, all other places open to the general public and inviting public patronage or public assembly, or tendering to the public any item for human consumption, and places where trades or industries are conducted;
(2) Occupational and industrial health hazards, the sanitary conditions of streams, sources of water supply, sewerage facilities and plumbing systems, and the qualifications of personnel connected with any of such facilities, without regard to whether such supplies or systems are publicly or privately owned; and the design of all water systems, plumbing systems, sewerage systems, sewage treatment plants, excreta disposal methods, swimming pools in this state, whether publicly or privately owned;
(3) Food and drug standards, including cleanliness, proscription of additives, proscription of sale, and other requirements in accordance with article seven of this chapter, as are necessary to protect the health of the citizens of this state;
(4) The training and examination requirements for emergency medical service attendants and mobile intensive care paramedics; the designation of the health care facilities, health care services, and the industries and occupations in the state which must have emergency medical service attendants and mobile intensive care paramedics employed, and the availability, communications, and equipment requirements with respect thereto;
(5) The collection of data on health status, the health system and the costs of health care;
(6) Other health-related matters which the department of health is authorized to supervise, and for which the rule-making authority has not been otherwise assigned;
(7) The health and sanitary conditions of establishments commonly referred to as bed and breakfast inns. For purposes of this section, "bed and breakfast inn" means an establishment providing sleeping accommodations and, at a minimum, a breakfast for a fee: Provided, That the secretary may not require an owner of a bed and breakfast providing sleeping accommodations of six or fewer rooms to install a restaurant style or commercial food service facility: Provided, however, That the secretary may not require an owner of a bed and breakfast providing sleeping accommodations of more than six rooms to install a restaurant-type or commercial food service facility if the entire bed and breakfast inn or those rooms numbering above six are used on an aggregate of two weeks or less per year.
Notwithstanding any other provision of this code to the contrary, whenever in this code there is a reference to the state board of health, it shall be construed to mean and shall be a reference to the secretary of the state department of health and human resources.
Notwithstanding the references to regulation of water systems in subdivision (2) of this section, the secretary shall amend the legislative rules in Title 64, Series 19 of the code of state rules relating to water well regulations as follows:
TITLE 64

LEGISLATIVE RULES

DEPARTMENT OF HEALTH

SERIES 19

WATER WELL REGULATIONS

§64-19-1. General.

1.1. Scope. -- This legislative rule establishes the certification of water well drillers and the issuance of permits for water well installations and alterations.
1.2. Authority. -- W.Va. Code §16-1-7, §16-1-9 and §16-1-9a.
1.3. Filing Date. -- June 27, 1989
1.4. Effective Date. -- July 1, 1989
1.5. Notice of Public Hearing -- July 15, 1987
1.6. Public Hearing -- August 14, 1987
1.7. Final Approval -- This rule was approved by the State Board of Health on August 19, 1988.
1.8. Supersession and Repeal of Former Regulations -- This rule supersedes and repeals Water Well Regulations, West Virginia Legislative Rules, 64 CSR 19, 1984.
§64-19-2. Application and Enforcement.

2.1. Application -- This rule shall apply to all water well drillers and contractors These legislative rules shall apply to any business, firm or individual drilling a water well in West Virginia.
2.2. Enforcement -- The enforcement of this rule is vested with the director of the West Virginia department of health or his lawful designee. The director or his or her lawful designee cannot alter or change rules established by the Legislature. The director or his or her lawful designee shall forward all well drilling complaints or violations to the well drillers board for consideration.
§64-19-3. Definitions.

3.1. Application -- The state department of health's standard form(s) for applying for well driller certification, water well permit or permit modification, including any additions, revisions or modifications to the form(s).
3.2. Certified Well Driller -- An individual granted a written certificate by the director to drill, construct, alter or abandon water wells and who meets the requirements of this rule water well drillers licensing board to engage in the art of water well drilling.
3.3. Design Standards -- Those specifications, drawings and other details promulgated by the director approved by the Legislature to ensure proper location, design, construction, completion and abandonment of water wells. West Virginia state design standards cannot be altered by county, city or other local government boards or officials.
3.4. Director -- Director of the state department of health or his or her lawful designee.
3.4a. Lawful Designee -- A person appointed by the director to oversee state design standards and rules and includes county health officers and county sanitarians.
3.5. Person -- An individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, institution, department, division, bureau, agency, federal agency or any other entity recognized by law.
3.6. Public Water System or Supply - A public water system is any water system or supply which regularly supplies or offers to supply piped water to the public for human consumption, if serving at least an average of twenty-five (25) individuals per day for at least sixty (60) days per year, or which has at least fifteen service connections, and shall include: (1) Any collection, treatment, storage, and distribution facilities under the control of the owner or operator of such system and used primarily in connection with such system; and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. A public water system shall not include a system which meets all of the following conditions: (1) Which consists only of distribution and storage facilities (and does not have any collection and treatment facilities); (2) which obtains all of its water from, but is not owned or operated by a public water system which otherwise meets the definition; (3) which does not sell water to any person; and (4) which is not a carrier conveying passengers in interstate commerce. Public water supply wells are not constructed to the same specifications as a domestic water well.
3.7. Water Well -- Any excavation or penetration in the ground, whether drilled, bored, cored, driven, or jetted for a water supply for potable water, 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 for open-loop 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, closed-loop heat systems, anode holes, and other nonpotable water drilling which are regulated under chapter 22, 22a or 22b of the code.
3.8. Water Well Contractor -- Any individual, partnership, syndicate, association, company, firm, trust, corporation or any other entity that contracts to drill, construct, alter or abandon water wells in the State of West Virginia.
3.9. Well Completion Report -- A record accurately kept, at the time of drilling, showing the depth, thickness, character of the different strata penetrated, location of water-bearing strata, water level, depth, size, type and amount of casing installed, location of the well, owner, driller, date well was completed and any other information required by the director.
3.10. Well Driller -- An individual that engages in water well drilling, construction, alteration, or abandonment or who supervises these activities.
§64-19-4. Permit to Install.

4.1. On and after the effective date of this rule, no water well contractor shall drill, construct, alter or abandon a water well without applying for a permit to do so from the director. The requirements for application and for permit issuance are set forth in Sections 4.2, 4.3, and 4.5 of this rule.
4.2. A permit to drill, construct, alter or abandon a water well shall be obtained by either the water well contractor or owner. The permit shall be applied for at least fifteen (15) five days prior to the actual well drilling, construction, alteration or abandonment unless emergency conditions prevail as noted under Section 4.3. A permit is not required to clean an existing well. A permit is not required to up-grade well casing to above ground for installation of pitless adapter.
4.3. If emergency conditions or other unavoidable circumstances prohibit meeting the application requirements, the fifteen (15) five day period will be waived. 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. A driller, under the emergency and unavoidable circumstances may drill a well before the permit is applied for and before the permit is issued. However, under no conditions shall submission of the permit application be made in excess of thirty (30) calendar days after completion of drilling, constructing, altering or abandoning a water well. Emergency conditions do not apply to new construction sites.
4.3a. If a dry well or a low-producing well is constructed and the owner wishes to drill a second (or more, if needed) well, additional well or wells may be drilled on existing permit without applying for additional site permits.
4.4. Water wells shall be drilled, constructed, altered or abandoned in accordance with Water Well Design Standards, West Virginia Department of Health Interpretive Rules, 64 CSR 46, and Design Standards for Public Water Supply Systems, West Virginia Department of Health, Interpretive Rules, 64 CSR 42, or plans which have been approved in writing by the director Legislature. Such standards shall constitute the minimum standards for the drilling, construction, alteration or abandonment of water wells. Any plans approved by the director pursuant to this rule shall be in substantial compliance with the heretofore mentioned standards.
4.5. Application for permit to construct shall consist of one copy be made to the director on forms a form prescribed by the director and shall be jointly signed by the water well contractor and owner.
4.6. In the event the permit application is denied, the director shall state, in writing, the reason(s) for denial and furnish same to applicant applicants (both well driller and owner) within fifteen (15) five days from receipt of application. Any application not denied to both parties in the five-day period shall be considered approved. A well permit may not be denied due to lack of a septic or sewage system. A well permit cannot be denied because municipal or public water is available.
4.7. A permit, unless revoked, shall be valid for a period of one (1) year from date of issuance. In the event construction or alteration is not completed within that time a one year period, the director may extend the time limit upon written request by the permittee. An extension request must be within forty-five days after the expiration date. Permits are not transferable.
4.8. A permit to install may be revoked or denied by the director for failure to comply with the provisions of the permit, any applicable provision of the regulations. or order issued pursuant thereto Such revocation shall be in writing and shall state the reasons for revocation or denial.
4.9. Any person whose application for permit to construct a water well has been revoked or denied may, within thirty days from receipt of permit denial or revocation, request a hearing in accordance with Section 10, Administrative Due Process.
4.10. No state, county or local board or authority may charge for or order to be collected a permit fee for a water well permit in West Virginia.
4.11. Well drilling contractors will have on file with the board a copy of the current West Virginia contractors license. A well permit may not be issued to any contractor who does not have a current West Virginia contractors license.
§64-19-5. Bonding of Water Well Contractors.

5.1. Effective January 1, 1990, each water well contractor shall have a current contractor's bond payable to the director upon forfeiture, and liability insurance coverage effective throughout West Virginia in a form determined by the director and the board. The contractor's bond shall be in an amount determined by the director but not exceeding five thousand ($5,000.00). Lack of a current contractor's bond shall be deemed sufficient grounds for denial of a water well permit.
5.2. Forfeiture of the contractor's bond shall be predicated upon a failure to construct, alter, or abandon a water well in accordance with this rule can only occur by Section 6-5 "Gross negligence" or Section 6-11 "Misconduct". 5.3. The surety shall have the option of forfeiting the contractor's bond or completing the well in accordance with rules and standards specified in Section 5.2 of this rule. The entire proceeds of a forfeiture shall be expended by the director to alter or abandon the well in accordance with applicable rules and standards. Any excess therefrom shall be retained by the director and expended for the purpose of altering or abandoning water wells in accordance with applicable rules and standards Only the amount needed to correct the deficient well work shall be expended by the board to bring the well in accordance with applicable rules and standards.
5.4. The surety shall have the option of canceling a contractor's bond after providing notice to the director at least thirty (30) days prior to cancellation.
5.5. In lieu of the bond required by Section 5.1 of this rule, the director and the board may accept an irrevocable letter of credit issued by a bank chartered by the state of West Virginia or a member bank of the federal reserve system. Confirmation of such irrevocable letter of credit shall be in writing and shall be signed by the issuing or confirming bank.
5.6. No well drilling contractor may be issued a permit to construct a well unless the contractor is bonded as required by Section 5.1. Licensed drillers (all classes) working in the employment of a drilling company are to be covered by the company bond.
§64-19-6. Definitions.
6.1. "Apprentice" means a person licensed by the board to work under the direction and control of a principal licensee for the specific purpose of training to practice water well drilling.
6.2. "Approved training" means courses of study, field training, or programs of instruction in the practice of water well drilling and related subjects that are approved by the board.
6.3. "Board" means the West Virginia State Board of Well Drillers (see section 8).
6.4. "Clock hour" or credit hour means the amount of time, usually one hour per fifty minutes of instruction, that is accredited by the board.
6.5. "Gross negligence" means an action or inaction by a licensee or an applicant for a license that is significantly deficient from the action or inaction expected by the profession. Gross negligence is determined by the board on a case-by-case basis.
6.6. "Helper" means a person who assists a licensee, but does not practice well drilling.
6.7. "Incompetency" means an action or inaction by a licensee or an applicant for a license which demonstrates a general lack of knowledge or ability to practice well drilling. Incompetency is determined by the board on a case-by-case basis.
6.8. "Journeyman well driller" means a person licensed by the board to practice well drilling under the general supervision of a master well driller. A journeyman well driller may do on site inspections for well permits without the assistance of a master driller who he or she is employed by.
6.9. "Licensee" means a person licensed by the board.
6.10. "Master well driller" means a person licensed by the board to practice well drilling without restriction.
6.11. "Misconduct" means a willful or intentional action or inaction by a licensee or an applicant for a license that is deficient from the action or inaction expected by the profession under the same circumstances. Misconduct is determined by the board on a case-by-case basis.
6.12. "Practice well drilling" includes making, altering, repairing, or sealing (plugging) a well.
6.13. "Principal licensee" means a person licensed by the board as a master well driller.
6.14. "Well rig operator" means a person licensed by the board to practice well drilling only under the employment of a master driller.
§64-19-6A. Certification of Water Well Drillers.
6.A.(1) Experience Required for Initial Licenses. Before an applicant may be examined in a particular class of license, the applicant shall have acquired the experience in column (A) of this regulation. If the applicant has practiced well drilling in accordance with all laws and regulations in a state that does not have comparable license classes, the applicant shall have acquired the experience listed in column (B) of this regulation as established to the satisfaction of the Board.
CLASSAB
Master WellTwo years as a Journey-
Seven years practicing
Drillerman well driller.well drilling, two of
the last three of which
shall have been spent
operating the equipment
used for the construct-
ing of wells.
Journeyman Three years as anFive years practicing
Well Drillerapprentice wellwell drilling, two of
driller.the last three of which
shall have been operat- ing the equipment used for the construction of
wells.
ApprenticeOne year as a helper.One year as a helper.
Driller
Well RigSixty months or tenSixty months or ten Operatorsthousand hours of thousand hours of
on-the-job training.on-the-job training.
Most West Virginia drilling companies are family owned drilling businesses handed from generation to generation. This contributes greatly to the high degree of skill and ability involved in the construction of water wells. Due to the vast experience one obtains growing up in a family owned drilling business, an immediate family member may at the age of eighteen apply for a master driller's license as outlined in column (B). In the case of an untimely death or unforeseen physical hardship of a single master driller family operated business, the board shall grant a two-year grace period for spouse and children to obtain drilling licenses.
Well drillers in West Virginia with current driller's certification at the effective date of this legislative rule shall be classified as master driller. Drillers or employees in the current two-year experience program will be given a grace period (not to exceed two years) to apply for a master license examination.
6.A. (2) Unlicensed experience in violation of the requirements of the laws or regulations, or both, of any state does not qualify as experience for an examination.
6.A. (3) West Virginia shall exercise reciprocity of well drillers licenses with other states that require equal or greater qualifications for examination.
6.A (4) An applicant for an apprentice license shall have a sponsor who is licensed by the board and who:
(A) Is licensed as a principal licensee (master well driller).
(B) Is actively engaged in the practice of well drilling.
(C) Agrees to supervise the apprentice throughout the term of the apprenticeship.
(D) Either employ the apprentice that he or she sponsors or work with the apprentice for a common employer.
(E) Submit progress reports on a form provided by the board upon request, but not less frequently than semiannually.
6.A. (5) The maximum term of apprenticeship is sixty months or ten thousand hours of on-the-job training. Failure to qualify and become licensed in a license class other than apprentice class within six months after completion of the maximum term shall result in automatic conversion of the apprentice license to a well rig operator license. The board may extend the term of apprenticeship for up to six months or one thousand hours for good cause shown. Extension must be applied for within sixty days after maximum term. Loss of sponsorship results in automatic termination of the apprentice license. The board may, however, approve the transfer of sponsorship to another principal licensee acceptable to the board.
6.A. (6) An apprentice or well rig operator may practice well drilling only under the general supervision and responsibility of a principal licensee. An apprentice or well rig operator may perform, under the responsibility of a principal licensee, all operations within the scope of the licensee issued to the apprentice or well rig operator if he or she can maintain contact with the principal licensee by on-site telephone, two-way radio, or radiotelephone. As part of the apprenticeship, the board may require an apprentice to complete certain tasks that are necessary for the practice of well drilling, and may observe the completion of those tasks.
6.A. (7) A person may not practice well drilling or represent to the public that the person is authorized to practice well drilling in this state of West Virginia unless that person is licensed by the board. No firm, corporation, or person can advertise, act as an agent for, contract, or represent one's self as a well driller without proper licensing for well drilling by the board. Example-A licensed or unlicensed septic installer, pump installer, home contractor, or plumber cannot practice or advertise for well drilling unless he or she is also licensed for well drilling.
6.1. There shall be a certified water well driller on-site in direct charge of drilling, construction, altering or abandonment of a water well.
6.2. To be eligible for certification, the applicant must be able to demonstrate a minimum of two (2) years of water well drilling experience under the supervision of a certified well driller.
6.3. 6.A.(8). Well drillers actively engaged in a water well drilling business as a water well driller on or before June 8, 1984 shall be exempt from the minimum experience requirements.
6.4. 6.A.(9). An application for certification as a well driller shall be made in writing to the director board on a form prescribed by the director board . Information required on the form may include, but not be limited to: Name, address, education, experience, business name and references.
6.5. 6.A.(10). The director by recommendation of the board may suspend, revoke or deny certification if the information on the application form is incomplete, inaccurate, false or misleading, or indicates that the provisions of this rule cannot be met. The director may revoke or suspend the certification of a driller who knowingly violates either this rule or the provisions of a water well permit.
6.6. 6.A.(11). Certification shall not be transferable or assignable and shall automatically become invalid upon suspension or revocation.
6.7. 6.A.(12). Certification shall expire five (5) years after date of issuance and may be renewed thirty (30) days before such expiration date. Notice shall be given to licensee sixty days before expiration date.
6.8. 6.A.(13). When certification has been denied, suspended or revoked, the person thereby affected shall immediately discontinue the drilling, altering, constructing and abandonment of water wells.
6.9. 6.A.(14). Any person whose application for certification has been denied, or whose certification has been suspended or revoked, may request a hearing in accordance with Section 11, Administrative Due Process, of this rule with the board. The applicant must submit a written request for hearing within thirty (30) days from receipt of denial, suspension, or revocation of certification.
6.10. 6.A.(15). Denial, suspension or revocation of certification shall be in writing from the director or the board, or both, and shall state specific reasons for the denial, suspension or revocation.
6.11. 6.A.(16). Suspension or revocation of certification shall be preceded by a written notice from the director or the board, or both, at least ten (10) days prior to actual revocation or suspension.
6.12. 6.A.(17). In addition to filing an application for becoming certified to drill, construct, alter or abandon water wells, the applicant must pass an oral or written examination to assure the director board that the applicant is thoroughly familiar with all requirements of applicable laws, regulations and design standards pertaining to water well drilling and construction. Examinations shall be administered by personnel of the West Virginia department of health. A passing grade of seventy per cent (70%) must be obtained before becoming certified. An applicant who has failed an examination must wait thirty (30) days before again taking the examination.
§64-19-7. Identification Numbers of Water Well Rigs and Well Head.

7.1. It shall be the duty of all water well contractors to see that all water well rigs used by them or their employees in the water well drilling business are marked with legible and plainly visible identification numbers at all times.
7.2. The identification number to be used on water well rigs shall be the certification number of the water well driller at the well site who is responsible for the water well drilling operations CONTRACTOR LICENSE authorized by the West Virginia Contractor Licensing Board. Each drill rig shall also have at least one master driller license number which can be either the company owner's number or a master driller's number that is employed by that company.
7.3. Certification Identification numbers shall be printed upon each at least one side of every water well rig in numerals of not less than two one inches inch high and such numerals shall be in a color sufficiently different from the color of the vehicle or equipment so that the certification identification number shall be plainly legible.
7.4. Water well contractors shall see that all water well rigs used by them or their employees in the well drilling business are marked as provided in Section 7.2 and 7.3 of this rule.
7.5. 7.4 Each well drilling contractor shall securely attach a metal tag or embossed well cap or stamped well cap to the well head containing the following information: Contractor's name and address, permit number, depth of well and date of construction or alteration phone number. Only information that can be printed on well caps at time of manufacture is required. Other information such as well depth, flow, permit number and date of construction shall be included on well completion report.
§64-19-8. Records of Completed Water Wells.

8.1. Within thirty (30) days after the completion of a water well, the water well contractor shall provide the owner with one (1) copy and the director with two (2) copies of a record indicating the well owner's name, location of the well to include longitude and latitude, drillers name, well depth, geological materials and thicknesses of material penetrated, type/size, and amount of casing, water levels, and date of completion. and any other information which may be required by the director. This information shall be provided on forms prescribed by the director. A well is completed when it is ready for service. No completion report is required for undrilled wells.
§64-19-9. West Virginia Board of Well Drillers.

9.1. The director may establish an advisory board and designate the chairman of said board.
9.2. 9.1 The advisory well driller's board membership shall consist of, but not necessarily be limited to, the following members:
Certified well drillers: 3 5 members
State health department: 1 member appointed by director or
Local health department: 1 member appointed by director West Virginia geological survey: 1 member appointed by geological survey.
9.3. 9.2 The duties of the advisory well driller's board shall be assigned by the director Legislature and shall consist of:
(a) Review of all proposed well rules, design changes or both rules and design changes and recommending action on the changes to the Legislature;
(b) Review of all complaints or violations against drillers or state and county sanitarians and instructing director on proper action to be taken;
(c) Writing and supervising written or oral examination or field examination for well driller license;
(d) Arbitrating any disputed sections of the water well regulations and design standards.
9.4. 9.3 The director board may establish other boards, committees and commissions to assist in carrying out the provisions of this rule and shall meet no less than once a month. Funding for the board shall come from the state health department revenues.
§64-19-10. Penalties.

10.1. For a Public Water System -- Any individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, institution, department, division, bureau, agency, federal agency, or any entity recognized by law who shall violate any provision of this section, or any of the regulations or orders issued pursuant thereto, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars ($25) nor more than two hundred dollars ($200), and each day's violation shall constitute a separate offense. In addition thereto, the state director of health, or his authorized representative, may seek injunctive relief in the circuit court of the county in which all or part of the public water system is situated for threatened or continuing violations. For a willful violation of this section, or of any of the regulations or orders issued thereunder, an individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, institution, department, division, bureau, agency, federal agency, or other entity recognized by law, upon a finding thereof by the circuit court of the county in which the violation occurs, shall be subject to a civil penalty of not more than five thousand dollars ($5,000), and each day's violation shall be grounds for a separate penalty.
10.2. For all Other Water Systems. -- Any person, firm, company, corporation, institution, whether public or private, county or municipal, who shall violate any provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500). The continued failure or refusal of such convicted person, firm, company, corporation, institution, whether public or private, county or municipal, to make the alterations necessary to protect the public health required by the state director of health or his duly authorized representative shall constitute a separate, distinct and additional offense for each twenty-four (24) hour period of such failure or refusal, and upon conviction thereof, the violator shall be fined not less than twenty-five dollars ($25) nor more than five hundred dollars ($500) for each such conviction.
10.3. Failure by the director or his or her lawful designee to follow these legislative rules (see Section 2.2 and Section 3.4a) may result in legal action and cause the director or his or her lawful designee to be subject to penalties.
10.4 Any person, firm or corporation drilling a water well in West Virginia without proper driller licenses, bond or West Virginia contractor license is subject to a penalty no less than the amount of the current well driller's bond, but no more than two times the current well driller's bond.
§64-19-11. Administrative Due Process.

Administrative Due Process. -- Those persons adversely affected by the enforcement of this rule desiring a contested case hearing to determine any rights, duties, interests or privileges shall do so in a manner prescribed in the Rules of Procedure for Contested Case Hearings and Declaratory Rulings, West Virginia Department of Health Procedural Rules, 64 CSR 1.
§64-19-12. Severability.

Severability. -- If any provisions of this rule or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or the application of this rule which can be given effect without the invalid provisions or application, and to this end the provisions of this rule are declared to be severable.



NOTE: The purpose of this bill is to require the Secretary of the Department of Health and Human Resources amend the legislative rules promulgated for the regulation of water wells.

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