H. B. 2928
(By Delegate Faircloth)
[Introduced February 26, 1999; referred to the
Committee on Political Subdivisions then the
Judiciary.]
A BILL to amend and reenact section nine, article one, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to prohibiting
county, city or other local governments from imposing any
additional requirements upon septic system installers other
than those set forth in existing code.
Be it enacted by the Legislature of West Virginia:
That section nine, 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. DIVISION OF HEALTH.
§16-1-9. Supervision over local sanitation.
No person, firm, company, corporation, institution or
association, whether public or private, county or municipal, shall install or establish any system or method of drainage,
water supply or sewage or excreta disposal without first
obtaining a written permit to install or establish such the
system or method from the commissioner of the bureau of public
health or his or her authorized representative. All such
systems or methods shall be installed or established in
accordance with plans, specifications and instructions issued by
the commissioner or which have been approved in writing by the
commissioner or his or her authorized representative.
Whenever the commissioner of the bureau of public health or
his or her authorized representative finds upon investigation
that any system or method of drainage, water supply or sewage or
excreta disposal, whether publicly or privately owned, has not
been installed in accordance with plans, specifications and
instructions issued by the commissioner approved in writing by
the commissioner or his or her duly authorized representative,
the commissioner or his or her duly authorized representative may
issue an order requiring the owner of such the
system or method
to make alterations as may be necessary to correct the improper
condition. Such The
alterations shall be made within a
reasonable time which shall not exceed thirty days, unless a time
extension is authorized by the commissioner or his or her duly
authorized representative.
The presence of sewage or excreta being disposed of in a manner not approved by the commissioner of the bureau of public
health or his or her authorized representative constitutes prima
facie evidence of the existence of a condition endangering public
health.
The personnel of the bureau of public health shall be
available to consult and advise with any person, firm, company,
corporation, institution or association, whether publicly or
privately owned, county or municipal or public service authority,
as to the most appropriate design, method of operation or
alteration of any such system or method.
Any person, firm, company, corporation, institution or
association, whether public or private, county or municipal, who
violates any provisions of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by
a fine of not less than twenty-five dollars nor more than five
hundred dollars. The continued failure or refusal of such the
convicted person, firm, company, corporation, institution or
association, whether public or private, county or municipal, to
make the alterations necessary to protect the public health
required by the commissioner of the bureau of public health or
his or her duly authorized representative is a separate, distinct
and additional offense for each twenty-four hour period of such
failure or refusal and, upon conviction thereof, the violator
shall be fined not less than twenty-five dollars nor more than five hundred dollars for each such conviction: Provided,
That
none of the provisions contained in this section apply to those
commercial or industrial wastes which are subject to the
regulatory control of the West Virginia division of environmental
protection.
Magistrates have concurrent jurisdiction with the circuit
courts of this state for violations of any provisions of this
section.
The provisions of this section, or other existing sections
of this code, shall be the only requirements imposed upon
installers of septic systems, and no additional requirements may
be imposed by any local government.
NOTE: The purpose of this bill is to prohibit county, city
or other local governments from imposing any additional
requirements on septic system installers other than those already
set forth in existing code.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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