W. Va. Code R. § 64-61-5

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-61-5 - Capacity Development of Existing Public Water Systems

5.1. The director may develop a program for the issuing of a permit to operate a public water system. The director may revoke a permit for failure of the permittee to comply with the requirements of this rule or the requirements of the rule Division of Health, Public Water Systems, 64CSR3. The director shall not issue a permit until he or she has reasonable assurance that the system has achieved or is actively pursuing the technical, managerial, and financial capacity needed to operate in accordance with this rule.

5.2. The capacity of a system shall be assessed using the following indicators:

5.2.a. Compliance data;

5.2.b. Construction permits;

5.2.c. Sanitary surveys;

5.2.d. Annual reports;

5.2.e. Water system plans or business plans;

5.2.f. Compliance reports;

5.2.g. Self-assessment/peer reviews;

5.2.h. Regional plans;

5.2.i. Criteria used by lenders;

5.2.j. Financial viability assessment methods;

5.2.k. Operator certification;

5.2.l. Financial and managerial training;

5.2.m. Permit application data;

5.2.n. Capital improvement plans;

5.2.o. Comprehensive performance evaluation;

5.2.p. Consumer complaint records;

5.2.q. State-wide studies of water quality or quantity;

5.2.r. State revolving fund loan application;

5.2.s. Budgeting worksheets;

5.2.t. Annual financial reports;

5.2.u. Source water assessment programs;

5.2.v. Water conservation plans;

5.2.w. Emergency response plans;

5.2.x. Certificates of convenience and necessity (CCN);

5.2.y. Review of audit reports;

5.2.z. Bond issue reviews;

5.2.aa. Rate reviews and approvals;

5.2.bb. Credit rating services;

5.2.cc. Financial assurance mechanisms;

5.2.dd. Consumer confidence reports; and

5.2.ee. Interviews with personnel familiar with the system.

5.3. A prospective new owner of a public water system shall submit to the director a written application to transfer the permit. The application shall be submitted at least fifteen (15) calendar days before the proposed change of ownership.

5.4. A public water system shall conspicuously post at its treatment plant a copy of the current permit to operate. The original shall be kept on file and available to the director upon request.

W. Va. Code R. § 64-61-5