H. B. 2028
(By Delegates Douglas, Faircloth and Manuel)
[Introduced February 10, 1993; referred to the
Committee on Political Subdivisions.]
A BILL to amend and reenact section three-aa, article one,
chapter seven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to county
hazardous materials response teams and allowing county
commissions to bill transporters and generators of hazardous
materials for the cost of services provided to transporters
and generators of hazardous materials involved in a
hazardous materials incident.
Be it enacted by the Legislature of West Virginia:
That section three-aa, article one, chapter seven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3aa. Authority of county commissions to create and fund a
hazardous material accident response program.
In addition to all other powers and duties now conferred by
law upon county commissions, county commissions are herebyauthorized and empowered to create a hazardous material accident
response program. The program may include the establishment of
a hazardous materials response team.
Such a The hazardous
materials response team shall
be comprised of the include members
of the fire departments, recognized and approved by the West
Virginia fire commission in the county,
and who are designated by
the county commission.
and those The team shall also include
members of emergency medical services
personnel certified
pursuant to article four-c, chapter sixteen of this code who are
acting in their official capacity
by providing ambulance or
emergency medical services within the county
as designated by the
county. and who are designated as members of the hazardous
response team by the county commission. Such a The team may
also
be comprised of members of include other people in the
community who are recognized as having expertise with hazardous
materials
and/or or hazardous material incidents
and who are
designated by the county commission to serve on the team. The
purpose of the team is to respond to hazardous material
incidents.
The affairs of the team shall be conducted The
hazardous materials response team shall function and the members
shall serve at the will and pleasure of the county commission.
The team shall operate in cooperation with the county office of
emergency services and other approved fire departments. The
commission is authorized to receive donated funds and to expend
those funds and to expend its own funds for the acquisition of
equipment and materials for
the use of the team and for theprovision of training for use by and training of the members of
the team. The county commission is hereby authorized to enter
into agreements with other counties to combine or coordinate
hazardous material response team training and
for the purchase or
lease and use of equipment or materials.
Any transporter or generator of hazardous materials who
receives the services of a county hazardous materials accident
response team is liable for the cost of necessary services
provided by a county hazardous material response team. County
commissions may bill a transporter or generator of hazardous
materials for any costs incurred by the team in responding to a
hazardous materials incident in which the transporter or
generator is involved. Any funds received by the county
commission as a result of billing transporters and generators of
hazardous materials shall be used by the commission to implement
the provisions of this section.
Any person, transporter or generator involved in a hazardous
materials incident who fails to pay a bill for services provided
by a county hazardous materials incident team within one year
shall be liable for treble the cost of the services.
NOTE: The purpose of this bill is to allow county
commissions to charge transporters and generators of hazardous
materials for costs incurred by the county hazardous materials
response team in responding to a hazardous materials incident in
which the transporter or generator is involved.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.