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 64-9-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Acceptable
				Application. -- Completed forms, plans, specifications, fee, if required, and
				other data as specified by Sewage Treatment and Collection System Design
				Standards, 64 CSR 47.
2.2.
				Accessible. -- Sewers are considered accessible when a public sewer system is
				located adjacent to, or available by right-of-way, to a particular lot, and
				sewage can discharge thereto by gravity.
2.3. Approved. -- A procedure of operation or
				construction which is in accordance with design standards, specifications and
				instructions promulgated by the division of health.
2.4. Chief, Office of Water Resources. -- The
				chief of the office of water resources of the division of environmental
				protection.
2.5. Design Standards.
				-- Application procedures, design requirements, specifications and construction
				standards promulgated by the division of health.
2.6. Director. -- Director of the West
				Virginia division of health or his or her lawful designee.
1The Department of Health and
				  Human Resources (DHHR) was created by the Legislature's reorganization of the
				  executive branch of State government in 1989. The Department of Health was
				  renamed the Division of Health and made a part of the DHHR (W. Va. Code '
				  5F-1-1
				  et seq.). Administratively within the DHHR the Bureau for Public Health through
				  its Commissioner carries out the public health function of the Division of
				  Health.
2.7. Dwelling. -- A
				building, structure or place used or intended to be used for human occupancy as
				a single family or multi-family residence. The term "dwelling" includes, but is
				not limited to: house, housing, mobile homes, vacation homes and
				cabins.
2.8. Effluent. -- Liquid
				discharge from a sewage treatment or disposal system.
2.9. Establishment. -- Any building,
				structure or place used or intended to be used for multiple dwelling units, or
				for manufacturing, commercial, religious, institutional, educational or
				recreational purposes.
2.10.
				Individual Sewer System. -- A sewer system with a daily design flow not to
				exceed one thousand (1,000) gallons per day with subsurface discharge or not to
				exceed six hundred (600) gallons per day design flow with surface discharge.
				The system is owned by and maintenance is performed by a single
				entity.
2.11. Individual Sewer
				System Installer. -- Any person engaging in the construction, installation,
				modification, extension, alteration and location of an individual or an on-site
				sewer system, sewage tank, or an excreta disposal system.
2.12. Lot. -- A tract or parcel of land or
				part of a subdivision used as or intended to be used as a site for a dwelling
				or establishment.
2.13. Municipal
				Sewer System. -- A sewer system or a group of sewer systems which, as a whole,
				receives sewage from more than one (1) dwelling or establishment and is
				operated and maintained by an incorporated municipality, or public service
				district, or sanitary board.
2.14.
				Percolation Test. -- A method described in Sewage Treatment and Collection
				System Design Standards, 64 CSR 47, by which the soils in a particular area are
				evaluated for subsurface effluent disposal.
2.15. Permit. -- A written document issued by
				the director giving the holder permission to construct, install, extend, alter
				or operate an approved sewer system, or method of sewage disposal, or to
				collect, remove, transport or dispose of sewage.
2.16. Person. -- Individual, partnership,
				association, syndicate, company, firm, trust, corporation, government
				corporation, institution, department, division, bureau, agency, or any entity
				recognized by law.
2.17. Public
				Sewer System. -- A sewage collection system or systems with or without
				treatment facilities with a daily design flow exceeding one thousand (1,000)
				gallons per day with sub-surface discharge or exceeding six hundred (600)
				gallons per day with surface discharge serving one (1) or more dwellings or
				establishments. The system is owned by and maintenance is performed by a single
				entity. This definition includes municipal sewer systems.
2.18. Rock Strata -- A formation of indurated
				(hardened) material either above or below the ground surface that requires
				drilling, blasting or other methods of brute force for excavation.
2.19. Sewage. -- Any excreta or liquid waste
				containing animal or vegetable matter in suspension or solution including, but
				not limited to, waste from commodes, urinals, lavatories, bathtubs, laundry
				tubs, washing machines, drinking fountains, sinks, kitchen equipment, and other
				sanitary fixtures or facilities.
2.20. Sewer System. -- A sewer system,
				whether publicly or privately owned, which receives and treats sewage and
				provides for the disposal of effluent and sludge therefrom. This definition
				includes individual sewer systems and public sewer systems.
2.21. Sewage Tank. -- A water-tight
				receptacle designed and constructed to receive and retain sewage solids. Sewage
				tanks include, but are not limited to, septic tanks, aeration type sewage
				treatment systems, privy vaults, holding tanks or receptacles and
				self-contained excreta disposal facilities.
2.22. Sewage Tank Cleaner. -- Any person
				engaged in the collection, removal, transportation or disposal of
				sewage.
2.23. Standard Soil
				Absorption System -- A system designed to receive effluent from a septic tank
				to be disposed of at soil depths ranging from eighteen (18) to thirty-six (36)
				inches from the original ground surface.
2.24. Subdivision. -- A tract of land which
				has been divided into two (2) or more lots, tracts, parcels, plats, sites,
				areas, units, interests or other division for the purpose of dwelling or
				establishment development and including the division of land by deed, metes and
				bounds description, lease, map, plat or other instrument, or by act of
				construction.
2.25. Wastewater. --
				Water containing human, animal, or domestic waste.
2.26. Water Well. -- Any excavation or
				penetration in the ground, whether drilled, bored, cored, driven or jetted that
				enters or passes through an aquifer for purposes that may include, but are not
				limited to: a water supply, exploration for water, dewatering or heat pump
				wells, except that this definition shall not include ground water monitoring
				activities and all activities for the exploration, development, production,
				storage, and recovery of coal, oil, and gas, and other mineral resources which
				are regulated under W. Va. Code ''22-1-1 et seq., 22A-1-1 et seq., or 22B-1-1
				et seq.