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 64-9-8 - Subdivisions

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All
				subdivisions or housing developments originating after July 1, 1970, the
				effective date of the original regulations, shall be served by a method of
				sewage disposal approved by the director.
8.2. In the event individual sewer systems
				are proposed as the desired method of sewage disposal for a subdivision, the
				property owner shall obtain written approval from the director in compliance
				with the provisions of this rule; W. Va. Code '16-1-7
				and the procedures set forth in Sewage Treatment and Collection System Design
				Standards, 64 CSR 47. In addition, a permit for each individual sewer system
				within the subdivision shall be obtained in compliance with Section 4 of this
				rule.
8.3. The replatting of a
				prior recorded plat or of a subdivision which originated prior to July 1, 1970
				is not exempt from the provisions of this rule. The prior platting of a portion
				of a larger tract prior to July 1, 1970, does not exempt the remainder of the
				tract from the provisions of this rule.
8.4. The division of land through public or
				private auction sale or through the terms of a will or court order constitutes
				a subdivision under the provisions of this rule. It is the responsibility of
				the owner of the land or the executor of the will to meet all requirements of
				this rule.
8.5. In instances where
				a lot was purchased or acquired for dwelling construction, and either its deed
				was recorded prior to July 1, 1970, or the lot was laid out, described and
				designated on a map of a subdivision, which map was recorded prior to July 1,
				1970 and where a public water supply system is available, but a public sewer
				system is not available, no individual sewer system is permissible on any lot,
				site or area containing less than ten thousand (10,000) square feet.
8.6. In instances where a lot was purchased
				or acquired for dwelling construction, and, either its deed was recorded prior
				to July 1, 1970 or the lot was laid out, described and designated on a map of a
				subdivision, which map was recorded prior to July 1, 1970 and where neither a
				public sewer system nor a public water supply system is available, no
				individual sewer system is permissible on any lot, site or area containing less
				than twenty thousand (20,000) square feet.
8.7. The director may waive the square
				footage requirements stipulated in Subsections 8.5 or 8.6 of this rule if he or
				she has been petitioned and has ascertained through a hearing, an on-site
				inspection, percolation tests and other requirements of this rule that an
				individual sewer system can be expected to function satisfactorily on a lot,
				site, or area containing less than the minimum prescribed number of square
				feet.
8.8. All lots originating
				prior to May 12, 1983, where individual sewer systems are proposed, shall
				comply with Subsection 3.1 of this rule.
8.9. Where the use of on-site soil absorption
				systems is proposed, the procedures and requirements of Subdivisions 8.9.a
				through 8.9.g of this rule apply. The owner of the subdivision shall obtain
				written approval for the proposed subdivision from the division of health prior
				to initiation of construction.
8.9.a. All
				lots less than two (2) acres in total surface area or lots with an average
				frontage of less than one hundred and fifty (150) feet) shall contain a minimum
				on-site disposal area of ten thousand (10,000) square feet, which shall be set
				aside for the installation of standard soil absorption system(s). No
				development or structures are permissible on this on-site disposal area other
				than those comprising the individual sewer system(s). The layout of each
				reserve area shall be such that ten thousand (10,000) square feet is usable for
				the installation of standard soil absorption system(s). Where multiple reserve
				areas are used, each shall be three thousand (3,000) square feet or more in
				size.
8.9.b. Area consisting of
				land sloping in excess of twenty-five percent (25%), or land in an existing or
				proposed public road may not be utilized in establishing the minimum area for
				lots in accordance with the requirements of Subsection 8.9.a of this
				rule.
8.9.c. Area consisting of
				land containing rock strata or seasonal high water table within five (5) feet
				of the ground surface may not be utilized in establishing the minimum area for
				lots in accordance with the requirements of Subsection 8.9.a of this rule. Area
				consisting of land not in compliance with the minimum separation distances
				listed in Sewage Treatment and Collection System Design Standards, 64 CSR 47,
				may not be utilized in establishing the minimum area for lots in accordance
				with the requirements of Subsection 8.9.a of this rule.
8.9.d. Area consisting of land which has been
				determined through testing to have a percolation rate slower than ninety (90)
				minutes per inch shall not be utilized in establishing the minimum area for
				lots in accordance with the requirements of Subsection 8.9.a of this
				rule.
8.9.e. Area where routine
				seasonal flooding occurs may not be utilized in establishing the minimum area
				for lots in accordance with the requirements of Subsection 8.9.a of this rule
				unless approved by the director.
8.9.f. All lots two (2) acres and over shall
				contain a minimum on-site disposal area of ten thousand (10,000) square feet,
				which shall be set aside for the installation of standard or alternative soil
				absorption system(s). No development or structures are permissible on this
				on-site disposal area other than those comprising the individual sewer
				system(s). The layout of each reserve area shall be such that ten thousand
				(10,000) square feet is usable for the installation of standard or alternative
				soil absorption system(s). Where multiple reserve areas are used, such areas
				shall be three thousand (3,000) square feet or more in size.
8.9.g. Alternative systems which may be
				considered for new construction on lots two (2) acres and over include low
				pressure systems, mound systems, shallow and elevated soil absorption systems,
				experimental systems, and unique systems designed for specific
				situations.