Email: Chapter 64, Article 5, Section 1
§64-5-1. Department of Health.
(a) The legislative rule filed in the State Register on August 27, 2024, authorized under the authority of §16-1-4 of this code, modified by the Department of Health to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 11, 2024, relating to the Department of Health (public water systems, 64 CSR 03), is authorized.
(b) The legislative rule filed in the State Register on August 30, 2024, authorized under the authority of §16-4C-23 of this code, modified by the Department of Health to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 25, 2024, relating to the Department of Health (statewide trauma and emergency care system, 64 CSR 27), is authorized.
(c) The legislative rule filed in the State Register on September 3, 2024, authorized under the authority of §16-1-4 of this code, relating to the Department of Health (fatality and mortality review team, 64 CSR 29), is authorized.
(d) The legislative rule filed in the State Register on September 3, 2024, authorized under the authority of §16-5-3 of this code, modified by the Department of Health to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 25, 2024, relating to the Department of Health (vital statistics, 64 CSR 32), is authorized.
(e) The legislative rule filed in the State Register on August 27, 2024, authorized under the authority of §16-4C-23 of this code, relating to the Department of Health (emergency medical services, 64 CSR 48), is authorized.
(f) The legislative rule filed in the State Register on August 27, 2024, authorized under the authority of §16-2H-2 of this code, relating to the Department of Health (Primary Care Support Program, 64 CSR 70), is authorized.
(g) The legislative rule filed in the State Register on August 27, 2024, authorized under the authority of §16A-3-1 of this code, modified by the Department of Health to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 25, 2024, relating to the Department of Health (general provisions of the Medical Cannabis Program, 64 CSR 109), is authorized.
(h) The legislative rule filed in the State Register on August 30, 2024, authorized under the authority of §16A-3-1 of this code, relating to the Department of Health (grower and processors of the Medical Cannabis Program, 64 CSR 110), is authorized.
(i) The legislative rule filed in the State Register on August 30, 2024, authorized under the authority of §16A-3-1 of this code, relating to the Department of Health (laboratories of the Medical Cannabis Program, 64 CSR 111), is authorized.
(j) The legislative rule filed in the State Register on August 27, 2024, authorized under the authority of §16A-3-1 of this code, relating to the Department of Health (dispensaries of the Medical Cannabis Program, 64 CSR 112), is authorized.
(k) The legislative rule filed in the State Register on August 29, 2024, authorized under the authority of §16A-3-1 of this code, relating to the Department of Health (Safe Harbor Letter for the Medical Cannabis Program, 64 CSR 113), is authorized.
(l) The legislative rule filed in the State Register on December 5, 2023, authorized under the authority of §16B-3-14 of this code, relating to the Department of Health (critical access hospitals, 65 CSR 09), is authorized with the amendments set forth below:
On page 1, subsection 1.1., by striking out "W. Va. Code §16-5B-14(d)" and inserting in lieu thereof "W. Va. Code §16B-3-14";
On page 1, subsection 1.2., by striking out "W. Va. Code §16-5B-14(d)" and inserting in lieu thereof "W. Va. Code §16B-3-14";
On page 2, subsection 2.2., by striking out the words “and Human Resources”;
And,
On page 2, subdivision 3.2.3., after the words “Medical Treatment &” by inserting the word “Labor”.
(m) The Legislature directs the Department of Health to amend the legislative rule filed in the State Register on April 4, 2022, authorized under the authority of §16-1-4 of this code, relating to the Department of Health (sewage treatment and collection system design standards, 64 CSR 47), authorized with the amendment set forth below:
On pages 69 through 72, by striking out Table 64-47-B and inserting in lieu thereof a new Table 64-47-B to read as follows:
TABLE 64-47-B.- MINIMUM DESIGN LOADINGS FOR SEWAGE TREATMENT FACILITIES |
Facility Description | Unit Sewage Design Flow (gpd) | Unit Five-Day BOD (lbs/day) | |||
Airports Each employee Each passenger | 15 5 | .05 .02 | |||
Assembly halls Per seat | 2 | .02 | |||
Bowling alleys (no food service) Per alley Per alley with bar | 75 225 | .13 | |||
**Brewery Per seat manufacture and sampling only Per seat with ABCA License for onsite consumption by the glass1 | 2 5 | .02 .04 | |||
Churches Per member with kitchen Per member without kitchen | 5 2 | .02 .01 | |||
**Cidery Per seat manufacture and sampling only Per seat with ABCA License for onsite consumption by the glass1 | 2 5 | .02 .04 | |||
Clinics Per staff Per patient | 20 5 | .03 .02 | |||
Country clubs Per member (non-resident) Per member (resident) | 25 70 | .05 .17 | |||
**Distillery Per seat manufacture and sampling only Per seat with ABCA License for onsite consumption by the glass1 | 2 5 | .02 .04 | |||
Domestic sewage Residences (per resident -a-) New collection system Summer cottages, etc., per resident Apartment houses—one bedroom —two —three | 70 50 140 210 280 | .17* .17 .34 .51 .60 | |||
Factories (per worker) Heavy with café and shower Light with café Light with shower Light | 35 25 25 20 | .04 .02 .02 .02 | |||
Hospitals Each patient (bedside) Each resident staff Each non-resident staff | 300 100 20 | .34 .17 .02 | |||
Hotels, boarding houses (Exclusive of restaurants, bars) per guest | 50 | .15 | |||
Industrial park (sanitary waste only) Per developable acre | 500 | .84 | |||
Institutions Per resident | 70 | .17 | |||
Laundry (coin operated) Per machine | 400 | 1.34 | |||
Labor camps Per person | 50 | ||||
Mine bath houses Per worker | 15 | .03 | |||
Mobile homes Per mobile home | 280 | .68 | |||
Motels (exclusive or restaurant or bar) Per unit | 80 | .15 | |||
Nursing and rest homes Per resident Per resident staff | 150 70 | .26 .17 | |||
Offices and warehouses Per workers, no food service Add for food service, per worker | 20 5 | .03 .01 | |||
Recreation Parks, picnic areas, and beach areas Campground, per person Amphitheater, per person Historical site, per person Lodges, per person Park residences, per person Park washhouse, per person | 10 25 5 5 70 70 30 | .02 .05 .01 .01 .17 .17 .05 | |||
Restaurants 24-hour service, per seat Ordinary, not 24-hour service, per seat Curb service (drive-in), per car space Fast food (single service), per seat | 50 30 50 25 | .17 .10 .17 .06 | |||
Schools Elementary, each staff or student High school, each staff or student Boarding school | 8 10 70 | .02 .03 .17 | |||
Service stations Ordinary, not 24-hour service 24-hour service | 500 1000 | .80 1.60 | |||
Shopping mall per l00 sq. ft. | 15 | .03 | |||
Shopping center Based on individual store occupancy | |||||
Swimming pools Per swimmer Add for shower facilities, per swimmer | 5 2 | .01 .01 | |||
Taverns and bars, little or no food service Per seat | 20 | .04 | |||
Theaters Drive-in, per car space Movie, per seat | 4 2 | .008 .004 | |||
Travel Trailer Park (b) No water to site, per person Water to site, per person | 35 50 | .075 .10 | |||
**Winery Per seat manufacture and sampling only Per seat with ABCA License allowing on site consumption by the glass 1 | 2 5 | .02 .04 | |||
Disco/Dance Halls, per seat | 5 | .01 | |||
Beauty parlors/barber shops Per chair Per operator | 150 20 | .50 .02 | |||
Dentist Per chair Per staff | 200 20 | .10 .02 | |||
Doctor Per patient Per staff | 5 20 | .01 .02 | |||
(a) Assume four persons per residence
(b) Assume three persons per travel trailer site *See subsections 5.1.d.3., 5.1.d.4., 5.1.d.5. ** A calculation should be based upon an average of winter (November – March) usage and summer (April – October) usage 1 Requirement of the ABCA License is that there must be food offered for sale onsite by the facility or an outside food or mobile food vendor (NOTE 1: These factors do not apply to the design of municipal sewage systems. Refer to subsection 6.1. for design loadings for municipal sewage systems.) (NOTE 2: If proposed facilities are not listed in the table above, and average daily water usage data is available, a peaking factor of 2.5 shall be required.) (NOTE 3: Five-Day BOD, BOD5 or BOD5 is the scientific method used to accurately measure dissolved oxygen consumption, by comparison of dissolved oxygen in a sample at the beginning and at the end of a five-day period.) | |||||