No person shall knowingly and willfully throw, cause to be thrown or released any dead animal, carcass or part thereof, garbage, sink or shower waste, organic substance, human or animal excrement, contents of privy vault, septic tank, cesspool or the effluent from any cesspool or nauseous or offensive or poisonous substances into any well, cistern, spring, brook, pond, stream or other body of water which is used for domestic purposes. None of the provisions contained in this section shall apply to those commercial or industrial wastes which are subject to the regulatory control of the West Virginia Department of Natural Resources or the West Virginia Air Pollution Control Commission.
Upon conviction of any such offense, the person convicted shall, within twenty-four hours after such conviction, remove and bury or cause to be buried at least three feet under the ground or destroy or cause to be destroyed as otherwise directed by the Police Chief, any of such offensive materials which the person so convicted has thrown, caused to be thrown, released or knowingly permitted to remain in water used for domestic purposes, contrary to the provisions of this section, and his failure or refusal to do so shall constitute a second violation of the provisions of this section. The continued failure or refusal of such convicted person to so bury or destroy such offensive materials shall constitute a separate, distinct and additional offense for each successive twenty-four hour period of such failure or refusal.
(WVaC 16-9-2)