HB 2826 Text

ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2826

(By Delegates Faircloth, Hall,
Staton, Damron and Facemyer)
[Passed March 12, 1999; in effect ninety days from passage.]

AN ACT to amend article one, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine-b, relating to permit approval by the commissioner of the bureau of public health for individual sewage systems with surface water discharge; consideration for approval under certain conditions; reserve area requirements.

Be it enacted by the Legislature of West Virginia:
That article one, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nine-b, to read as follows:
ARTICLE 1. DIVISION OF HEALTH.
§16-1-9b. Permit approval for individual systems with surface water discharge; reserve areas.
Individual systems with surface water discharge may be considered for approval for a permit pursuant to section nine of this article under the following conditions: (1) To correct existing failures when other means of treatment and disposal have proven ineffective; or (2) on a tract, lot or parcel of land that equals or exceeds two acres which cannot qualify for standard or alternative soil absorption systems; or (3) on existing lots which received approval under a prior permit where it has been determined that applicable standards cannot be met to qualify for a standard or alternate soil absorption system. Approval under these conditions is applicable only to single family residential units.
When installing a standard sewage disposal system, modified system, experimental system or other approved system, the reserve area shall consist of an area for the placement of the original system together with an area for replacement and upgrade of absorption field lines within the reserve area. Testing of the site for approval shall consist of a six foot hole and a percolation test of the soils.

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