Committee Substitute
House Bill 2028 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 2028
(By Delegates Douglas, Faircloth and Manuel)
(Originating in the House Committee on Political Subdivisions)
[February 25, 1993]
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; 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 and providing that any
transporter or generator of hazardous materials failing to
pay a bill for cost of services provided is liable for
treble the cost of services.
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 bylaw upon county commissions, county commissions are hereby
authorized 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
materials 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 the
provision of training for use by and training of the members ofthe 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 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:
Provided,
That the transporter or generator may, within thirty
days of receipt of the bill, appeal in writing to the county
commission to request a hearing to address any costs which may be
considered extraordinary for the services of the hazardous
materials response team. The transporter or generator will hold
payment of the costs in abeyance pending the final decision of
the county commission. Any funds received by the county
commission as a result of billing transporters and generators of
hazardous materials shall be used by the county commission to
implement the provisions of this section.
Any 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 ninety days
shall be liable for treble the cost of the services.
For purposes of this section, the term "generator" means any
person, corporation, partnership, association or other legal
entity, by site location, whose act or process produces hazardouswaste as identified or listed by the director of the division of
natural resources in regulations promulgated pursuant to section
six, article five-g, chapter twenty of this code, in an amount
greater than twelve thousand kilograms per year.
For purposes of this section, the term "transporter" means
any person engaged in the off-site transportation of hazardous
waste by air, rail, highway or water.
For purposes of this section, the term "hazardous waste"
means a waste or combination of wastes, which because of its
quantity, concentration or physical, chemical or infectious
characteristics, may (A) cause,or significantly contribute to, an
increase in mortality, or an increase in serious irreversible, or
incapacitating, reversible illness; or (B) pose a substantial
present or potential hazard to human health or the environment
when improperly treated, stored, transported, disposed of or
otherwise managed.