Summary of State laws and regulations affecting pollution of waters, revised as of April 1937-Continued
State water commission
consisting of commis-
sioner of health, chairman
public service commis-
sion, chairman, fish and
game commission, aided
by the Division of Sani-
tary Engineering, and
College of Engineering at
West Virginia University.
Sanitary districts for sewage disposal.
"Pollution" is defined as that contemplated by sections
which prohibit (1) the discharge of sawdust or other matter
deleterious to propagation of fish; (2) the throwing of dead
animals or any offensive substance into waters used for
domestic purposes; (3) the depositing of dead animals,
slaughter house offal, garbage, etc., into any river, creek,
or other stream. Department of health has authority to
prevent discharge of mine drainage if polluted by sub-
stances deleterious to health. Public health council has
authority to make rules and regulations governing sewers,
sewer disposal, and disposal of other wastes when the pub-
lic health is endangered. No city, town, village, or person
can establish any system of drainage or sewerage without
a written permit from a State water commission.
Art. 11, ch. 16, 1931, amended, ch. 6, 1933, secs. 11, 12, 13,
provides that any person, corporation, municipality, or
legal entity upon whom a final order of the State water
commission has been served shall within 30 days take steps
to acquire or construct such plants or machinery for the
disposition or treatment of organic or inorganic matter
which is causing or contributing to the pollution of waters.
If defendant is a municipal corporation without funds fo:
the construction of the works, it is authorized to issue
bonds for that purpose.
Any area of contiguous territory contain ng 1 or more incorporated cities, towns, or villages may be organized as a district. Board of trustees has power to build necessary plants, structures, etc., for treatment and disposal of sewage. "Sewage" includes industrial waste.
Regulation and/or procedure
State water commission: (1) May cite any
person causing pollution to appear and
show cause why order should not be
issued regulating such pollution. Com-
mission may not, however, institute
proceedings against persons draining
mines in accordance with existing law;
(2) if commission finds after hearing that
any person is polluting waters, it shall
make an order to cease pollution; (3)
upon failure of person to comply with.
such order commission may enforce
same by application to circuit court.
All districts organized under this act shall
proceed as rapidly as possible to provide a
system which will render sewage harm-
less to animal, fish, and plant life, so far
as possible.
Art. 11, ch. 16, 1931,
amended. Ch. 6,
1933, sec. 13 provides
that? ailure to com-
ply with order of
State water commis-
sion is punishable by
a fine of $25 to $100;
and also up to 90
days imprisonment.
Sec. 14, same chapter
as above provides
that failure to cor-
rect or abate such
polluted condition
within time fixed
shall carry a pen-
alty of $100 for each
day pollution con-
tinues, to be re-
covered in civil suit
by State, to be in
addition to penalty
provided in sec. 13.
Failure to proceed is
punishable by fine,
and trustee may be
removed by court.
Attorney general or
prosecuting attor-
ney institutes suit.
Penal statutes re fish and game, etc.
Town sanitary districts
(1935).
The board has general supervision and control over all waters
of State, including drainage, water supply, water systems,
sewage and refuse disposal. All new systems or plants are
subject to the approval of the board, which has power to
modify plans; existing systems may be required to submit
plans; board may require use of joint sewerage systems;
owner may elect to arbitrate or may bring action against
the board to determine the necessity for any order of the
board.
Committee has power and jurisdiction, and exercises general
supervision over the enforcement of all laws re pollution;
issues general orders and rules and regulations for installa-
tion, use and operation of systems, methods etc. for control
of industrial wastes, refuse, and other wastes; issues special
orders directing particular owners to secure such operating
results as committee specifies.
Sec. 66.20 provides for creation of districts in contiguous
territory containing 2 or more cities, villages or any town-
ships. Commissioners have power to plan, construct, and
maintain sewer systems and disposal works for industrial
and other sewage.
Sec. 66.06 provides that any city, town, or village may con-
struct extend or improve sewers, systems, treatment, and
disposal plants.
Prohibits the depositing in any waters of the State any fish
offal, lime, tan bark, or industrial wastes; or the main-
taining of any slaughterhouse upon the banks of any
stream of the State.
Town sanitary districts may be formed to provide storm-
water sewers, sanitary sewers, waterworks, sewerage, gar-
bage or refuse disposal in part or parts of one or more towns.
systems 2 adjoining municipalities may jointly construct, operate
and maintain a joint sewerage system, including the neces-
sary intercepting sewers and sewage treatment works.
The committee has power for all purposes
within its jurisdiction to administer
oaths, issue subpenas, compel produc-
tion of necessary data, and to inspect any
industrial establishment. Owner may
bring action in circuit court of Dane
County to appeal from orders of com-
mittee.
Sec. 59.96 provides for certification to cities
and towns of amounts required to be
contributed by them and they are au-
thorized to levy and assess taxes for that
purpose.
Entire capital cost may be paid out of
sewerage service charge. Equitable
rates based on benefits received may be
charged which create a lien against
property, and these charges are collected
as water rates.
Plans for improvements require State
board of health approval. Regulations
are the same as for incorporated munici-
palities.
Regulations are the same as for other in-
corporated municipalities.
Summary of State laws and regulations affecting pollution of waters, revised as of April 1937-Continued
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