W. Va. Code R. § 64-3-4 - [Effective 7/1/2025] Public Water System Construction, Alteration, or Renovation; Standards; Exceptions

4.1. A person shall not construct, alter, renovate, or award a contract for any construction, alteration, or renovation of a public water system without obtaining a permit from the commissioner.

4.2. Application for a permit to construct, alter, or renovate shall be made to the commissioner on forms prescribed by the commissioner at least 45 working days prior to the date on which approval by the commissioner is desired. The application shall be accompanied by an engineering report, maps, and detailed plans and specifications of the proposed construction, alteration, or renovation prepared by or under the direction of a registered professional engineer.

4.3. The commissioner may revoke a permit to construct, alter, or renovate for failure of the public water system to comply with this rule.

4.4. A permit to construct, alter, or renovate is valid for five years from the date of issuance.

4.5. The public water system shall be constructed, altered, or renovated in accordance with the plans and specifications approved by the commissioner in accordance with the Bureau for Public Health's rule, "Public Water System Design Standards," 64CSR77.

4.6. To the extent practical, all new or expanded facilities shall be located outside the hundred-year flood plain.

4.7. The commissioner 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 before delivery to the consumer as may be necessary to safeguard the public health.

4.8. A permit to construct, alter, or renovate is not required for any minor addition to, or alteration, or renovation of an existing public water system which will not significantly affect the quality or quantity of the water supply service rendered. The work shall be done in accordance with the provisions of the Bureau for Public Health's rule, "Public Water System Design Standards," 64CSR77.

4.9. A public water system shall submit a written description of the proposed additions, alterations, or renovations to the commissioner no less than 10 working days prior to implementing the additions, alterations, or renovations under this provision. The commissioner shall notify the system whether the proposed additions, alterations, or renovations qualify under this provision within five working days of receipt of the description.

4.10. All public water supply systems using a raw water source which is open to the atmosphere or subject to surface runoff shall, at a minimum, provide filtration treatment.

Notes

W. Va. Code R. § 64-3-4