W. Va. Code R. § 64-9-3 - General Requirements

3.1. The owner or his or her authorized agent shall obtain a permit for a sewer system prior to the construction or installation of any dwelling or establishment which will require a sewer system. Where subsurface discharge systems are used, there shall be sufficient area to install the initial system and a suitable replacement area.

3.2. Every dwelling or establishment whether publicly or privately owned, where persons reside, assemble, or are employed, shall be provided with toilet facilities, and a sewer system approved by the director.

3.3. It is the duty of the owner of the dwelling or establishment to provide toilet facilities and a sewer system approved by the director.

3.4. When, upon investigation, the director finds a person is constructing, installing, extend­ing, altering, maintaining or operating a toilet facility or sewer system which does not comply with applicable provisions of this rule, the person shall be notified of the fact in writing, and if said person shall fail to abate or correct the condition within a period of time not to exceed thirty (30) days after the receipt of the written notice, said person shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished according to the penalty set forth.

3.5. All sewer systems shall be designed, constructed, installed, maintained and operated in such a manner that excreta or sewage contained therein or effluent discharged therefrom:

3.5.a. Not create a health hazard affecting the public; and

3.5.b. Shall not violate any federal, state or local laws, rules or regulations governing water pollution or sewage disposal.

3.6. The owner or operator of a sewer system to be abandoned shall abandon the system in the following manner:

3.6.a. The contents of the sewage tank shall be removed by a certified septic tank cleaner. The tank or excavation shall be filled to eliminate any physical hazard. If the tank is removed it shall be disposed of in a manner approved by the director. Sewage treatment lagoons (ponds) shall be abandoned in a manner approved by the director and the chief, office of water resources;

3.6.b. Any electrical service to the system shall be terminated, and electrical service boxes, switches, meters, and similar equipment, removed or rendered harmless;

3.6.c. Any water service to the system shall be disconnected; and

3.6.d. Any other potentially hazardous equipment associated with the system shall be removed or rendered harmless.

3.7. The owner and any person or persons installing or modifying a sewer system shall be jointly responsible for compliance with all applicable provisions of this rule.

3.8. Off-lot disposal of sewage or effluent requiring the use of or crossing of adjacent property shall require a recorded easement or authorization. This recorded document shall be binding to the heirs and assigns of the properties involved.

Notes

W. Va. Code R. § 64-9-3