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Commission adds state-approval clause to water-hauling rule for proposed buildings
Summary
Planners proposed — and commissioners debated — an insertion to county code clarifying that hauled water ordinarily will not be accepted as a permanent potable source for on-site wastewater approvals but that the state Division of Environmental Health may approve exceptions on a case-by-case basis. Commissioners stressed the change applies to proposed buildings and that existing structures would be grandfathered.
Beaver County staff presented a targeted update to county code section 09/1316 governing water and sewer requirements, clarifying that hauled water generally will not qualify as a permanent potable source for on-site wastewater approvals for proposed structures, but adding a carve-out allowing exceptions "unless otherwise approved by the state Division of Environmental Health."
Commissioners asked whether that last sentence would cede control to the state. One commissioner warned that giving final discretion to the Division of Environmental Health could create situations where local control is diminished; staff said the clause is intended to allow case-by-case emergency or technical exceptions while keeping the county’s standard requirement that new residential construction have a permanent water source.
Staff and other commissioners clarified the change is intended for proposed buildings (new structures) and not for existing, grandfathered homes that already lack wells. "This is for proposed building at the very top," staff said, and added that existing lots and structures would generally be grandfathered under current provisions. Commissioners discussed typical scenarios — hauling water temporarily during construction versus using hauled water as a permanent potable source — and emphasized that permitting and health-department review would still be required for on-site wastewater systems.
The board agreed to proceed with the updated language while staff will check statute and refine the ordinance wording to ensure the clause captures intended cases without unnecessarily ceding control.
Next steps: staff will refine and publish the ordinance language and coordinate with the Division of Environmental Health to confirm implementation details for case-by-case approvals.
