WV HB5328

Establishes regulatory classifications distinguishing bars/taverns (50%+ gross receipts from alcohol) from restaurants (50%+ gross receipts from food), prohibiting agencies from classifying establishments as restaurants solely based on menu offerings

Requires the Department of Health to use nationally recognized water-consumption standards for commercial wastewater calculations, with separate standards for full-service restaurants, fast-food establishments, bars/taverns, and entertainment venues

Limits sanitation division authority over septic systems, requiring design and approval by licensed professional engineers, septic system designers, or qualified soil scientists rather than sanitation inspectors alone

Mandates recognition of distinct drain-field system categories (conventional perforated pipe and chamber systems) with sizing requirements based on actual system performance and manufacturer specifications

Requires the Department of Health to promulgate implementing rules within 180 days, limited to nationally recognized engineering standards and actual wastewater output metrics