W. Va. Code R. § 64-61-4 - Capacity Development of New Public Water Systems

4.1. A person shall obtain a permit from the director before constructing or awarding a contract to construct a public water system. A person shall obtain approval in writing from the director before establishing a public water system, and the system shall be installed or established in accordance with the plans, specifications and instructions issued by, or approved in writing by, the director.

4.2. A person seeking a permit to construct shall submit to the director an application in accordance with the rule referenced in subdivision 1.6.b. of this rule. The application shall include an engineering report which provides a detailed discussion of the proposed system's capacity to operate, with an emphasis on financial capacity. The engineer, owner, or both shall provide proof to the director that the owner has the technical, managerial, and financial capacity to operate and maintain the new system. The director shall consult with the public service commission and the water development authority, as well as other affiliated agencies as necessary, concerning the financial and managerial capacity.

4.3. A permit to construct may be revoked by the director for failure of the public water system to comply with this rule.

4.4. The public water system shall be constructed in accordance with the plans and specifications approved by the director in accordance with the rule referenced in subdivision 1.6.h. of this rule.

4.5. The director may issue an order requiring a change in the source of the water supply for the system or in the manner of collection, treatment, storage, or distribution facilities of the system before delivery to the consumer, as may be necessary to safeguard the public health.

4.6. A new public water system shall not commence operation without written approval to proceed from the director.

Notes

W. Va. Code R. § 64-61-4