H. B. 2299
(By Mr. Speaker, Mr. Kiss, By Request)
[Introduced January 19, 1999; referred to the
Committee on Political Subdivisions then the
Judiciary.]
A BILL to amend chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article eight-a relating
to disposal of animal carcasses by incineration; purpose;
authorizing state department of health to propose
legislative rules; county commissions to provide for
incineration of animal carcasses; director of animal carcass
disposal unit to be appointed; mandatory listing of "animal
carcasses disposal unit"; responsibility of disposal of
animal carcass unit; and exceptions.
Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article eight-a, to read
as follows:
ARTICLE 8A. PROPER DISPOSAL OF ANIMAL CARCASSES BY INCINERATION.
§16-8A-1. Purpose.
The purpose of this article is to protect the public safety
and health from the threat of contaminants and disease associated
with the inadequate and improper disposal of animal carcasses.
The Legislature hereby finds that a compelling and urgent need
exists to develop adequate methods to insure that disposal of
animal carcasses does not pose a threat of disease and
contamination to persons, places or other animals. In accordance
with this finding, the Legislature hereby declares that
incineration of animal carcasses is the preferred method of
disposal because incineration offers the most environmentally and
economically sound method to achieve safe disposal.
§16-8A-2. Department of health authorized to develop rules.
The state department of health may propose rules, subject to
legislative approval, designed to address the proper and safe
disposal of animal carcasses by means of incineration.
§16-8A-3. County Commissions to adopt safe methods of
incineration in lieu of legislative rules; disposal of animal
carcasses unit; appointment of director; exceptions.
(a) Until such time that statewide rules are adopted and
made effective, each county commission shall adopt and implement
a countywide method designed to provide for disposal of animal
carcasses by means of incineration. Each such method must insure that the incineration is performed in a safe and environmentally
sound fashion.
(b) The respective county commissions shall designate one or
more incineration stations within their respective counties
adequate to serve the needs countywide of animal disposal. They
shall further provide for the safe, efficient and timely pickup
and transportation of animal carcasses
to incineration stations
within the county.
(c) Each county commission shall appoint a director of
animal carcass disposal who shall serve at the commission's will
and pleasure. The commission shall determine the appropriate
financial remuneration, if any, for the director's services. A
telephone listing shall be prominently listed in the local
telephone directory along with all other countywide services,
entitled "animal carcasses disposal unit" which shall notify
county residents who to call for animal carcass disposal
services.
(d) County animal carcasses disposal units are responsible
for proper disposal of all animal carcasses within the county,
including, but not limited to, carcasses found on or near roads
or highways, carcasses at veterinary hospitals, pet animal
carcasses at or about county residences, and agricultural farm
animal carcasses.
(e) Notwithstanding the provisions of this article, county residents are allowed to bury their pet animal carcasses on their
personal property in accordance with all city, county or state
health rules. Further, animal carcasses obtained by private
individuals on or about roads or highways are excepted from the
provisions of this article if the individuals who obtain the
carcasses handle and dispose of the carcasses in compliance with
all applicable rules and law.
NOTE: The purpose of this bill is to provide responsibility
for the safe, environmentally sound and economically expedient
disposal of animal carcasses by incineration. The new article
contains provisions addressing purpose, authorizing the state
department of health to propose legislative rules designed to
achieve the safe, environmentally sound and economical
incineration of animal carcasses while further mandating county
commissions to provide for incineration of animal carcasses.
Additionally, it directs county commissions to appoint a director
of a county animal carcass disposal unit to operate in accordance
with the intent of the legislation. It also provides for the
mandatory listing of "disposal of animal carcass unit" in the
local telephone directory while enumerating responsibility for
disposal of animal carcass disposal units. Finally it provides
exceptions to mandatory incineration of animal carcasses.
This article is new; therefore, strike-throughs and
underscoring have been omitted.