COMMITTEE SUBSTITUTE
FOR
H. B. 2826
(By Delegates Faircloth, Hall,
Staton, Damron and Facemyer)
[Originating in the Committee on Government Organization ]
(March 3, 1999)
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; 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/or 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.
This section is new; therefore, strike-throughs and
underscoring have been omitted.