West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-09 - Sewage Systems › Section 64-9-4 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In accordance
				with W. Va. Code '16-1-9,
				no sewer system shall be installed or established without first obtaining a
				written permit from the director.
4.2. Individual and public sewer systems
				shall be permitted and constructed only after an acceptable application for,
				and plans and specifications of, the proposed system, as prepared in accordance
				with Sewage Treatment and Collection System Design Standards, 64 CSR 47, have
				been reviewed and approved by the director. Where applicable, a discharge
				permit shall be obtained from the chief of the office of water resources in
				conformance with W. Va. Code '22-11-1 et seq. prior
				to construction.
4.3. An acceptable
				application to construct, install or modify an individual sewer system or a
				public sewer system shall be made in writing to the director. A permit to
				construct, install or modify shall be obtained prior to the construction or
				installation.
4.4. The director
				shall approve or deny any application for a permit to construct a public sewer
				system within a period of forty-five (45) working days from the date an
				application is received. The director shall approve or deny an application for
				an individual sewer system within a period of twenty-one (2l) working days from
				the date an application is received.
4.5. The director shall deny a permit if the
				information on the application form is incomplete, inaccurate, false, or
				misleading, or indicates the applicable provisions of this rule cannot be
				met.
4.6. A permit shall be
				suspended or revoked by the director for failure to comply with the provisions
				of the permit, improper construction or operation of the sewer system, where
				false or misleading information was utilized in obtaining the permit, where it
				is determined that the applicable provisions of this rule cannot be met, or for
				failure to comply with a lawful order of the director.
4.7. Any person whose application for a
				permit has been denied or whose permit has been suspended or revoked may
				request a hearing. A written request shall be made within thirty (30) days of
				the date of denial of the permit by the aggrieved party and a hearing date
				shall be established by the director within twenty (20) days of the director's
				receipt of the written request. The hearing shall be held by the director
				within a period of forty-five (45) days after receipt of the written request
				for the hearing.
4.8. A permittee
				who wishes to dispute the conditions and restrictions of the permit may request
				a hearing in order to appeal its provisions. A written request shall be made by
				the permittee within thirty (30) days of the date of issuance of the permit and
				a hearing date shall be established within twenty (20) days of the director's
				receipt of the written request. The hearing shall be held within a period of
				forty-five (45) days by the director after receipt of the written request for
				the hearing.
4.9. A permit for an
				individual sewer system or for a public sewer system on which construction has
				not begun within one (1) year from the date of issuance is invalid unless a
				request for a renewal is approved by the director.
4.10. Permits are not transferable or
				assignable and automatically become invalid upon a change in ownership, except
				when application for transfer or assignment is made to, and the transfer or
				assignment is approved by, the director. Permits shall be issued to the
				property owner.
4.11. A person
				engaging in the business of sewage tank cleaning shall receive a permit only
				after application has been made on a form prescribed by the director and the
				director has inspected, all sewage tank cleaning equipment, containers, or
				other devices used in the collection, removal, transportation or disposal of
				sewage tank contents to ascertain that the items are used, maintained and
				operated in compliance with all applicable provisions of this rule. The
				application shall include documentation that a disposal site approved by the
				department of environmental protection will be used for disposal of the sewage.
				A sewage tank cleaning permit shall expire one (1) year from the date of
				issuance, and the permit holder shall apply to the director for renewal of the
				permit prior to the expiration date. Notwithstanding any provision of the W.
				Va. Division of Health Legislative Rule, Fees for Permits, 64 CSR 30, any fee
				for authorizing an individual to engage in the business of sewage tank cleaning
				shall be prorated over a three-year period at $16 (sixteen dollars) per
				year.
4.12. When a sewage tank
				cleaning permit has been suspended or revoked, the person thereby affected
				shall immediately discontinue engaging in the business of collecting,
				"removing," transporting or disposing of the contents of sewage
				tanks.