Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part II - Procedures › Section 12VAC5-640-220 - Permits; general

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person
				  shall construct, alter, rehabilitate, modify, or extend a discharging system or
				  allow the construction, alteration, rehabilitation, or extension of a
				  discharging system, without a written construction permit from the commissioner
				  or the department. Conditions may be imposed on the issuance of any
				  construction permit and no discharging system shall be constructed in violation
				  of those conditions.
B. Except as
				  provided in
				  12VAC5-640-30,
				  12VAC5-640-280, and
				  12VAC5-640-290, construction
				  permits for a discharging system shall be deemed valid for a period of 60
				  months from the date of issuance or until the expiration of the General Permit,
				  whichever comes first. The permit to construct may be renewed one time for an
				  additional 18 months if the building permit has been obtained or building
				  construction commenced, the General Permit is reissued, and the effluent
				  requirements of the General Permit are unchanged.
C. Except as provided in
				  12VAC5-640-30 A 2 and
				  12VAC5-640-266, no person shall place a discharging system in operation, or
				  cause or allow a discharging system to be placed in operation, without
				  obtaining a written operation permit. Conditions may be imposed on the issuance
				  of any operation permit, and no discharging system shall be operated in
				  violation of those conditions.
D.
				  Except as provided for in
				  12VAC5-640-280 and
				  12VAC5-640-290, operation permits
				  shall be valid for a period of time not longer than the General Permit. The
				  operation permit shall remain valid when continued reporting of operation,
				  maintenance, and monitoring occurs in accordance with
				  12VAC5-640-490,
				  12VAC5-640-500, and
				  12VAC5-640-510, provided the
				  facility is otherwise in compliance with this chapter.
E. Construction and operation permits for
				  discharging systems shall not be transferable except as provided in this
				  subsection:
1. A construction permit for a
				  specific discharging system will be issued to a new owner if the new owner (i)
				  applies for the permit transfer on a form approved by the department, (ii) pays
				  the applicable fee, (iii) provides the department with change of ownership
				  documentation in accordance with the General Permit, and (iv) provides written
				  certification that there are no new site conditions that will adversely impact
				  the existing approved construction permit and documents or the original
				  construction application.
2. An
				  operation permit for a specific discharging system will be issued to a new
				  owner if the new owner (i) applies for the permit transfer on a form approved
				  by the department, (ii) pays the applicable fee, and (iii) provides the
				  department with change of ownership documentation in accordance with the
				  General Permit.
3. The expiration
				  date of the transferred operation or construction permit shall not
				  change.