The Governing Framework

West Virginia regulates sewage systems under a two-rule framework:

• 64 CSR 9 — Sewage System Rule. The substantive rule governing permits, inspections, maintenance, and installer licensing.
• 64 CSR 47 — Sewage Treatment and Collection System Design Standards. The detailed engineering design specifications referenced by 64 CSR 9.
• W. Va. Code R. § 64-9-2 — Definitions.
• W. Va. Code R. § 64-9-8 — Subdivisions.
• W. Va. Code R. § 64-47-6 — Individual Sewage Systems (effective rule version subject to periodic update).
• West Virginia Department of Health and Human Resources (DHHR) — Office of Environmental Health Services (OEHS) — Public Health Sanitation Division — administers the rules.

Septic Tank Construction Requirements

Per 64 CSR 47, septic tanks may be constructed of reinforced concrete, fiberglass, or other watertight and durable materials approved by the Commissioner. Polyethylene tanks meeting IAPMO/NSF listings and state-approved configurations fall under the "other watertight and durable materials" category.

Residential capacity is specified in Table 64-47-L, which sets standard septic tank and soil absorption system sizing for single-family dwellings.

Setback Distances — Table 64-47-K

Key setbacks include:

• 50 feet from private water well or groundwater supply
• Additional separation distances per Table 64-47-K for surface water, property lines, structures, and water supply lines

Steep-terrain and karst-zone parcels may require additional setbacks beyond the baseline table. Consult OEHS or your local health department for the authoritative table applying to your site.

Permit Process

1. Contact your local health department. West Virginia operates a network of local health departments that implement 64 CSR 9 on behalf of OEHS.
2. Soil and site evaluation. Per 64 CSR 9 and 64 CSR 47 protocols.
3. System design. Per 64 CSR 47 design standards. Table 64-47-K setbacks and Table 64-47-L sizing apply.
4. Permit issuance. Local health department with OEHS oversight. Fees typical range $150–$400.
5. Licensed installer construction. West Virginia certifies installers.
6. Inspection before backfill. Local health department inspects.

Regional Considerations

• Eastern Panhandle (Jefferson, Berkeley): Karst limestone terrain. Sinkhole zones require geotechnical review. Significant exurban growth from DC metro spillover creates heavy permitting workload.
• Northern Panhandle / Ohio River (Hancock, Brooke, Ohio): Industrial legacy, floodplain considerations. Steel-industry heritage affects groundwater profile in some areas.
• Appalachian Plateau (central/southern WV): Steep terrain, shallow soil over sandstone and shale. Alternative systems (mounds, pressure dosing, ATUs) are often required because conventional trench systems fail on hillsides.
• Coalfields (Mingo, McDowell, Wyoming counties): Former mining legacy including acid mine drainage and subsidence. Specialized engineering review.
• Charleston / Kanawha Valley: Mixed urban/suburban with municipal sewer footprint. Perimeter and rural parcels use septic. Kanawha River floodplain considerations for lowland parcels.
• Seneca Rocks / Monongahela National Forest country: Federal land boundary coordination for parcels near forest boundaries.

Material Approvals

OEHS accepts polyethylene tanks meeting 64 CSR 9 and 64 CSR 47 construction standards. Verify at order:

• IAPMO PS 1 or NSF 46 listing
• Ribbed polyethylene construction
• Approved by the WV Commissioner as an "other watertight and durable materials" qualifying product
• Steep-slope anchoring when site requires
• Effluent filter compatibility
• Elevated riser compatibility for floodplain or steep installations

Source Citations

• 64 CSR 9 on WV Secretary of State Administrative Law
• WVDHHR OEHS On-Site Wastewater Management
• WVDHHR Public Health Sanitation Division Sewage Program
• W. Va. Code R. § 64-9-2 Definitions
• 64 CSR 47 Sewage Treatment and Collection System Design Standards
• 64 CSR § 64-9-8 Subdivisions

Frequently Asked Questions

Who regulates onsite wastewater in West Virginia?

West Virginia Bureau for Public Health (within WVDHHR) under 64CSR9 (Sewage Treatment and Collection System Design Standards). Local health departments administer field permits under BPH oversight.

What about mountainous terrain and shallow bedrock?

Most of West Virginia is Appalachian Plateau with variable shallow bedrock, thin soils, and steep slopes. Conventional absorption fields often aren't feasible. Alternative systems (mounds, peat biofilters, drip dispersal) are common. Site-specific engineering is the norm.

Are there coal-country considerations?

Coal-mining heritage means disturbed lands, abandoned mine subsidence potential, and acid mine drainage concerns in some watersheds. Site evaluation should consider mining history before siting tank or absorption system.

Are polyethylene tanks accepted in West Virginia?

Yes, when meeting IAPMO/NSF listings and 64CSR9 construction requirements. Major OEM rotomolded polyethylene tanks from Norwesco, Snyder, and others are commonly approved. Verify with your local health department.

What's the typical permit process?

Contact your county/local health department, complete site/soil evaluation, submit design, obtain permit, install with licensed contractor (where required), pass inspection before cover, receive certificate of compliance. Appalachian terrain often means more back-and-forth with health department than flatter states.

Agricultural Tank Regulations — WVDA & WV DEP

The West Virginia Department of Agriculture (WVDA) and the WV Department of Environmental Protection (WV DEP) share agricultural-tank oversight under the West Virginia Code and Code of State Rules (CSR):

• 61 CSR 12J — WVDA Pesticide Rule: applicator licensing, RUP recordkeeping, bulk storage, repackaging.
• W. Va. Code § 19-16A — West Virginia Pesticide Control Act (statutory authority).
• W. Va. Code § 19-15 — Commercial Fertilizer Law: registration, tonnage reporting, labeling.
• 61 CSR 4E — WVDA Commercial Fertilizer Rule.

West Virginia agriculture is comparatively modest in national ranking but regionally important: Eastern Panhandle orchards and grain (Jefferson, Berkeley, Morgan counties); Pendleton and Hardy county poultry operations (Pilgrim's and integrator-linked); Potomac Highlands cattle and forage; Ohio Valley field crops and dairy; Southern coalfields with limited ag activity. Bulk liquid fertilizer and pesticide retail storage in the Eastern Panhandle and Ohio Valley follow industry-standard 110% secondary containment with impermeable liners, rinsate-recovery loading pads, and spill-response plans. WVDA's Agricultural Land Protection Authority and pesticide inspectors coordinate with WV DEP on incidents that cross into surface-water protection.

Oil & Gas Storage — WV DEP Office of Oil & Gas

The WV DEP Office of Oil and Gas (OOG) regulates upstream oil, gas, and produced-water infrastructure. West Virginia production is dominated by the Marcellus and Utica shales in the Northern Panhandle and North-Central region (Wetzel, Tyler, Marshall, Doddridge, Harrison, Ritchie, Monongalia counties) plus legacy shallow oil and gas across much of the state:

• 35 CSR 4 — Oil and Gas Wells and Other Wells: well construction, casing, cementing, production operations, tank-battery containment, plugging.
• 35 CSR 8 — Horizontal Well Control Act implementing regulations: Marcellus/Utica-specific design, setbacks, hydraulic fracturing disclosure, centralized storage, water management.
• W. Va. Code § 22-6 / § 22-6A — Oil and Gas statutes and the Natural Gas Horizontal Well Control Act.
• 35 CSR 6 — Underground Injection Control (Class II produced-water disposal).

Marcellus/Utica well-pad operations use large centralized water-storage tanks, modular steel frac tanks, and produced-water storage tanks sized for 500 bbl to several thousand barrels. OOG requires tank-battery containment (earthen or synthetic liners, impermeable pads, and catchment) typically sized to hold at least 100% of the largest tank plus freeboard for precipitation, with stricter standards for centralized impoundments and produced-water storage. 35 CSR 8 adds Marcellus-specific requirements: expanded water-source disclosure, additive-chemical disclosure, and enhanced setback from perennial streams, wetlands, and drinking-water intakes. Class II produced-water injection wells under 35 CSR 6 are the primary disposal pathway; commercial saltwater disposal in neighboring Ohio also receives WV produced water via truck.

Aboveground Storage Tanks — 47 CSR 63 (Post-Elk River MCHM 2014)

West Virginia operates one of the most stringent state AST regulatory programs in the United States. The program exists because of the January 9, 2014 Elk River chemical spill: Freedom Industries' Etowah River terminal in Charleston released approximately 10,000 gallons of 4-methylcyclohexanemethanol (MCHM) into the Elk River upstream of the West Virginia American Water intake, contaminating drinking water for approximately 300,000 people across nine counties for days. In the aftermath the Legislature enacted the Aboveground Storage Tank Act (W. Va. Code § 22-30) and WV DEP promulgated 47 CSR 63 Aboveground Storage Tank Rule:

• 47 CSR 63 — Aboveground Storage Tank Rule: registration, Level 1/2/3 classification by fluid hazard and zone of critical concern, construction standards, annual inspection, spill prevention, release reporting, closure.
• W. Va. Code § 22-30 — Aboveground Storage Tank Act (statutory authority).
• Registration and fees — owners register ASTs with WV DEP and pay annual fees supporting the program; registration renewal is required periodically (operators confirm current cycle with WV DEP).
• Zone of Critical Concern (ZCC) — tanks within five hours' flow time upstream of a public drinking-water intake (or one-hour zone of peripheral concern) face heightened standards: Level 1 classification, enhanced secondary containment, more frequent inspection, stricter release-reporting triggers.
• Level 1 tanks (highest hazard, within ZCC, or storing listed hazardous substances) require the strictest compliance; Level 2 and Level 3 step down by hazard and location.
• Spill Prevention Response Plan (SPRP) — Level 1 tanks maintain site-specific SPRPs with contact trees, response procedures, and coordination with downstream water systems.

This program is genuinely distinctive nationally — few states regulate non-petroleum ASTs with the breadth that 47 CSR 63 does. Operators of any AST above threshold in West Virginia (commercial, industrial, agricultural-retail above registration size, oilfield where 47 CSR 63 applies) should confirm registration status and fluid-classification level with WV DEP Water Resources / DWWM before tank installation or modification. Post-Elk River, the state also funded source-water protection planning in coordination with public water systems.

Petroleum UST & Septic — 33 CSR 30 & 64 CSR 9

WV DEP administers petroleum USTs under 33 CSR 30 Underground Storage Tanks Administrative Rule; the West Virginia Bureau for Public Health (WVBPH) administers septic under 64 CSR 9 Sewage Treatment and Collection System Design Standards. Residential septic design flow is approximately 240 gpd per dwelling (not per bedroom) under conventional WVBPH sizing, with adjustments for household composition and high-flow fixtures:

West Virginia topography drives septic design: steep Appalachian hillsides, shallow bedrock residual soils, karst limestone valleys in the Eastern Panhandle and Greenbrier, alluvial river-bottom soils along the Kanawha, Ohio, Potomac, Cheat, and Monongahela. Perc rates, depth to bedrock, and slope commonly force alternative-system design — low-pressure pipe (LPP), mound systems, drip dispersal, and engineered package ATU systems are routine for non-flat sites. Local Health Departments (county-level) administer the permit under WVBPH oversight. USTs under 33 CSR 30 meet 2018 federal-rule upgrades; WV DEP administers the state leak-detection and corrective-action program.

Chemical Storage Secondary Containment & Spill Reporting

Federal SPCC (40 CFR 112) applies at 1,320 gallons aggregate aboveground oil. West Virginia layers on:

• 47 CSR 63 — AST Rule (covers petroleum and non-petroleum ASTs above threshold with Level 1/2/3 scheme).
• W. Va. Code § 22-11 — Water Pollution Control Act; oil and hazardous-substance release reporting.
• 33 CSR 30 — UST release reporting.
• WV DEP 24-hour spill reporting: 1-800-642-3074 (Environmental Emergency).
• 33 CSR 20 — Hazardous Waste Management Rule (RCRA Subtitle C delegation).

Report federal-RQ releases to the NRC at 1-800-424-8802; report state releases to WV DEP. Secondary containment at 110% of the largest tank is the SPCC baseline; 47 CSR 63 imposes additional Zone of Critical Concern requirements for tanks upstream of public drinking-water intakes. Post-Elk River the state materially upgraded its chemical-release notification and cross-agency coordination framework.

Permit Pathways at a Glance

• Residential septic: Local Health Department under 64 CSR 9 with WVBPH oversight.
• Fertilizer / feed registration: WVDA under W. Va. Code § 19-15 / 61 CSR 4E.
• Pesticide applicator: WVDA under 61 CSR 12J.
• Oil & gas (Marcellus/Utica) wells and tank batteries: WV DEP OOG under 35 CSR 4 / 35 CSR 8.
• Class II produced-water injection: WV DEP UIC under 35 CSR 6.
• Petroleum UST: WV DEP under 33 CSR 30.
• Aboveground Storage Tank (petroleum & non-petroleum): WV DEP under 47 CSR 63 / W. Va. Code § 22-30.
• SPCC > 1,320 gal oil aggregate: Federal SPCC plan; WV DEP state spill reporting.
• NPDES industrial stormwater: WV DEP (WV is delegated NPDES state) under WV/NPDES.
• Zone of Critical Concern siting: WV DEP WWE coordinating with public water systems.

Current fees change; verify with WV DEP, WVDA, or WVBPH before budgeting.

More West Virginia FAQs

What happened at Elk River and why does it still shape my tank project?

On January 9, 2014, Freedom Industries' Etowah River terminal in Charleston released roughly 10,000 gallons of the coal-cleaning chemical MCHM into the Elk River, about 1.5 miles upstream of the West Virginia American Water intake. Roughly 300,000 residents across nine counties lost potable water for days. The spill exposed the absence of a state AST program covering non-petroleum chemicals near drinking-water intakes. The Legislature enacted W. Va. Code § 22-30 and WV DEP promulgated 47 CSR 63 within months. Every AST project in WV today operates under that post-Elk River framework.

What is the Zone of Critical Concern?

The ZCC is the watershed area upstream of a public drinking-water intake representing five hours of flow time; the Zone of Peripheral Concern extends to one hour. Tanks located in either zone face elevated registration, inspection, and SPRP requirements under 47 CSR 63. WV DEP maps intake ZCCs in coordination with public water systems; siting analysis checks ZCC status before construction.

Is my farm nurse tank regulated under 47 CSR 63?

Agricultural tanks above registration threshold can fall under 47 CSR 63 depending on fluid classification, volume, and location. Mobile farm nurse tanks used temporarily during application windows are generally treated differently from fixed bulk storage. Confirm your specific configuration with WV DEP Dam Safety / WWE before assuming an exemption.

Does WV regulate Marcellus frac-water tanks?

Yes — Marcellus/Utica operators' centralized fresh-water impoundments, modular frac tanks, and produced-water storage tanks are regulated under 35 CSR 4 / 35 CSR 8 (oil and gas rules) and may also fall under 47 CSR 63 depending on fluid classification and location. Multi-program overlap is the norm on Marcellus pads.

Who is my local health department for septic permits?

West Virginia's 49 local health departments (organized by county or multi-county district) administer sewage permits under 64 CSR 9 with WV Bureau for Public Health oversight. The local office conducts site evaluation, issues permits, and inspects installation.

Are Marcellus-area tanks held to higher standards than Eastern Panhandle orchard tanks?

Location matters more than crop or industry. The ZCC status of the tank's parcel, its fluid classification under 47 CSR 63 (Level 1/2/3), and its volume drive standards. A Marcellus pad within a drinking-water ZCC faces Level 1 requirements; an Eastern Panhandle orchard tank outside ZCC may be Level 3. Pre-design consultation with WV DEP is the practical answer.