Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-9-2 - Definitions2.1. 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.