H. B. 2826
(By Delegates Faircloth, Hall,
Staton, Damron and Facemyer)
[Introduced February 18, 1999; referred to the
Committee on Government Organization then the
Judiciary.]
A BILL 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; (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; and (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.
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 or upgrade of drain
fill line for future needs. Testing of the site for approval
shall consist of a six foot hole and a perk test of the soils.
In order to protect the ground water, slip trenching across
reserve areas to rock ledges is prohibited.
NOTE: The purpose of this bill is to allow for permit
approval of individual sewage systems with surface water
discharge under certain conditions. The bill also provides
requirements for reserve areas for those systems, provides
testing requirements and prohibits slip trenching across reserve
areas during testing.
This section is new; therefore, strike-throughs and
underscoring have been omitted.