(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
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
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 glass1
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
1Requirement 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, BOD5or 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.)