reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part I - General Framework for Regulations › Article 2 - General Provisions › Section 12VAC5-630-90 - Administration of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter is administered by the following:
A. The State Board of Health, hereinafter
					 referred to as the board, has the responsibility to promulgate, amend, and
					 repeal regulations necessary to ensure the proper construction and location of
					 private wells.
B. The State Health
					 Commissioner, hereinafter referred to as the commissioner, is the chief
					 executive officer of the State Department of Health. The commissioner has the
					 authority to act, within the scope of regulations promulgated by the board, and
					 for the board when it is not in session. The commissioner may delegate his
					 powers under this chapter in writing to any subordinate, with the exception of
					 (i) his power to issue variances under § 32.1-12 of the Code of Virginia
					 and 12VAC5-630-170,(ii) his power to issue orders under § 32.1-26 of the
					 Code of Virginia and
					 12VAC5-630-140 and
					 12VAC5-630-150 B and (iii) the
					 power to revoke permits or inspection statements under
					 12VAC5-630-290, which may only be
					 delegated pursuant to § 32.1-22 of the Code of Virginia.
The commissioner has final authority to adjudicate
						contested case decisions of subordinates delegated powers under this section
						prior to appeal of such case decisions to the circuit court.
C. The State Department of Health hereinafter
					 referred to as department is designated as the primary agent of the
					 commissioner for the purpose of administering this chapter.
D. The district or local health departments
					 are responsible for implementing and enforcing the regulatory activities
					 required by this chapter.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part I - General Framework for Regulations › Article 2 - General Provisions › Section 12VAC5-630-100 - Right of entry and inspections

Current through Register Vol. 40, No. 24, July 15, 2024
In accordance with the provisions of §§ 32.1-25
						and 32.1-12 and 32.1-176.6 of the Code of Virginia, the commissioner or his
						designee shall have the right to enter any property to ensure compliance with
						this chapter.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-110 - Compliance with the Administrative Process Act

Current through Register Vol. 40, No. 24, July 15, 2024
The provisions of the Virginia Administrative Process Act
						(§ 9-6.14:1 et seq. of the Code of Virginia) shall govern the promulgation
						and administration of this chapter and shall be applicable to the appeal of any
						case decision based upon this chapter.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-120 - Powers and procedures of regulations not exclusive

Current through Register Vol. 40, No. 24, July 15, 2024
The commissioner may enforce this chapter through any
						means lawfully available.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-140 - Emergency order

Current through Register Vol. 40, No. 24, July 15, 2024
If an emergency exists the commissioner may issue an
						emergency order as is necessary for preservation of public health, safety, and
						welfare or to protect ground water resources. The emergency order shall state
						the reasons and precise factual basis upon which the emergency order is issued.
						The emergency order shall state the time period for which it is effective.
						Emergency orders will be publicized in a manner deemed appropriate by the
						commissioner. The provisions of
						12VAC5-630-150 C and D shall not
						apply to emergency orders issued pursuant to this section.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-150 - Enforcement of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Notice. Subject to the exceptions below, whenever the commissioner or the
					 district or local health department has reason to believe a violation of any of
					 this chapter has occurred or is occurring, the alleged violator shall be
					 notified. Such notice shall be made in writing, shall be delivered personally
					 or sent by certified mail, shall cite the regulation or regulations that are
					 allegedly being violated, shall state the facts which form the basis for
					 believing the violation has occurred or is occurring, shall include a request
					 for a specific action by the recipient by a specified time and shall state the
					 penalties associated with such violation. When the commissioner deems it
					 necessary, he may initiate criminal prosecution or seek civil relief through
					 mandamus or injunction prior to giving notice.
B. Orders. Pursuant to the authority granted
					 in § 32.1-26 of the Code of Virginia, the commissioner may issue orders to
					 require any owner, or other person, to comply with the provisions of this
					 chapter. The order shall be signed by the commissioner and may require:
1. The immediate cessation and correction of
					 the violation;
2. Appropriate
					 remedial action to ensure that the violation does not recur;
3. The submission of a plan to prevent future
					 violations to the commissioner for review and approval;
4. The submission of an application for a
					 variance; or
5. Any other
					 corrective action deemed necessary for proper compliance with the
					 chapter.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-160 - Suspension of regulations during disasters

Current through Register Vol. 40, No. 24, July 15, 2024
If in the case of a man-made or natural disaster, the
						commissioner finds that certain regulations cannot be complied with and that
						the public health is better served by not fully complying with this chapter, he
						may authorize the suspension of the application of the chapter for specifically
						affected localities and institute a provisional regulatory plan until the
						disaster is abated.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-170 - Variances

Current through Register Vol. 40, No. 24, July 15, 2024
Only the commissioner or the deputy commissioners may
						grant a variance to this chapter. (See §§ 32.1-12 and 32.1-22 of the
						Code of Virginia and
						12VAC5-630-90 B.) The commissioner
						or the deputy commissioners shall follow the appropriate procedures set forth
						in this subsection in granting a variance.
A. Requirements for a variance. The
					 commissioner may grant a variance if a thorough investigation reveals that the
					 hardship imposed by this chapter outweighs the benefits that may be received by
					 the public. Further, the granting of such a variance shall not subject the
					 public to unreasonable health risks or jeopardize ground water resources.
Exception: The commissioner shall not grant a variance
						for an improperly located Class IV well that was located pursuant to an express
						Class IV permit, as described under
						12VAC5-630-260 and
						12VAC5-630-270, if the improper
						location of the well is a result of the failure by the owner, his agent, or the
						well driller to provide complete or accurate information on the site plan
						submitted with the application or to install the well in accordance with the
						permit.
B. Application for
					 a variance. Any owner who seeks a variance shall apply in writing within the
					 time period specified in
					 12VAC5-630-210 B. The application
					 shall be signed by the owner, addressed and sent to the commissioner at the
					 State Department of Health in Richmond. The application shall include:
1. A citation to the section from which a
					 variance is requested;
2. The
					 nature and duration of the variance requested;
3. Any relevant analytical results including
					 results of relevant tests conducted pursuant to the requirements of this
					 chapter;
4. Statements or evidence
					 why the public health and welfare as well as the ground water resources would
					 not be degraded if the variance were granted;
5. Suggested conditions that might be imposed
					 on the granting of a variance that would limit the detrimental impact on the
					 public health and welfare or ground water resources;
6. Other information, if any, believed
					 pertinent by the applicant; and
7.
					 Such other information as the district or local health department or
					 commissioner may require.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-190 - Request for hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A request for an informal hearing shall be made by
						sending the request in writing to the district or local health department. A
						request for an adjudicatory hearing shall be made in writing and directed to
						the commissioner at the State Department of Health in Richmond. Requests for
						hearings shall cite the reason(s) for the hearing request and shall cite the
						section(s) of this chapter involved.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-200 - Hearing as a matter of right

Current through Register Vol. 40, No. 24, July 15, 2024
Any owner or other person whose rights, duties, or
						privileges have been, or may be affected by any decision of the board or its
						subordinates in the administration of this chapter shall have a right to both
						informal and adjudicatory hearings. The commissioner may require participation
						in an informal hearing before granting the request for a full adjudicatory
						hearing. Exception: No person other than an owner shall have the right to an
						adjudicatory hearing to challenge the issuance of either a construction permit
						or inspection statement unless the person can demonstrate at an informal
						hearing that the minimum standards contained in this chapter have not been
						applied and that he will be injured in some manner by the issuance of the
						permit or that ground water resources will be damaged by the issuance of the
						permit.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-210 - Appeals

Current through Register Vol. 40, No. 24, July 15, 2024
Any appeal from a denial of a construction permit for a
						private well must be made in writing and received by the department within 60
						days of the date of the denial.
A. Any
					 request for hearing on the denial of an application for a variance pursuant to
					 12VAC5-630-170 D 1 must be made in
					 writing and received within 60 days of receipt of the denial notice.
B. Any request for a variance must be made in
					 writing and received by the department prior to the denial of the private well
					 permit, or within 60 days after such denial.
C. In the event a person applies for a
					 variance within the 60-day period provided by subsection B above, the date for
					 appealing the denial of the permit, pursuant to subsection A above, shall
					 commence from the date on which the department acts on the request for a
					 variance.
D. Pursuant to the
					 Administrative Process Act (§ 9-6.14:1 et seq. of the Code of Virginia) an
					 aggrieved owner may appeal a final decision of the commissioner to an
					 appropriate circuit court.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-220 - Permits and inspection statement; general

Current through Register Vol. 40, No. 24, July 15, 2024
All private wells shall be constructed and located in
						compliance with the requirements as set forth in this chapter.
A. Except as provided in
					 12VAC5-630-220 B below, after the
					 effective date of this chapter, no person shall construct, alter, rehabilitate,
					 abandon or extend a private well, or allow the construction, alteration,
					 rehabilitation, abandonment or extension of a private well, without a written
					 construction permit from the commissioner. Conditions may be imposed on the
					 issuance of any permit and no private well shall be constructed or modified in
					 violation of those conditions. The replacement of a well pump, or the
					 replacement of a well seal or cap with an equivalent well seal or cap, shall
					 not be considered a well modification.
B. No permit shall be required for the
					 construction, operation, or abandonment of dewatering wells. Furthermore,
					 dewatering wells are exempted from the construction requirements found in
					 12VAC5-630-410. All dewatering
					 wells shall be abandoned within 60 days of construction. Abandonment in this
					 case means the removal of the well point, well casing, screening, and other
					 appurtenances associated with the construction and operation of the
					 well.
C. Except as provided in
					 12VAC5-630-320, no person shall
					 place a private well in operation, or cause or allow a private well to be
					 placed in operation, without obtaining a written inspection statement pursuant
					 to 12VAC5-630-310 and
					 12VAC5-630-330.
D. Except as provided in
					 12VAC5-630-270,
					 12VAC5-630-290 and
					 12VAC5-630-300, construction
					 permits for a private well shall be deemed valid for a period of 54 months from
					 the date of issuance.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-230 - Procedures for obtaining a construction permit for a private well

Current through Register Vol. 40, No. 24, July 15, 2024
Construction permits are issued by the authority of the
						commissioner. All requests for a private well construction permit shall be by
						written application, signed by the owner or his agent, and shall be directed to
						the district or local health department. All applications shall be made on an
						application form provided by the district or local health department and
						approved by the commissioner.
An application shall be deemed completed upon receipt by
						the district or local health department of a signed and dated application,
						together with the appropriate fee, containing the following information:
1. The property owner's name, address, and
					 telephone number;
2. The
					 applicant's name, address, and phone number (if different from subdivision 1
					 above);
3. A statement signed by
					 the property owner, or his agent, granting the Health Department access to the
					 site for the purposes of evaluating the suitability of the site for a well and
					 allowing the department access to inspect the well after it is
					 installed;
4. A site plan showing
					 the proposed well site, property boundaries, accurate locations of actual or
					 proposed sewage disposal systems, recorded easements, and other sources of
					 contamination within 100 feet of the proposed well site, and at the option of
					 the applicant a proposed well design; and
5. When deemed necessary because of
					 geological or other natural conditions, plans and specifications detailing how
					 the well will be constructed.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-240 - Issuance of the construction permit

Current through Register Vol. 40, No. 24, July 15, 2024
A construction permit shall be issued to the owner by
						the commissioner no later than 60 days after receipt of a complete and
						approvable application submitted under
						12VAC5-630-230. If applicable, the
						applicant shall comply with
						12VAC5-630-340 prior to issuance
						of the permit.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-250 - Emergency procedures

Current through Register Vol. 40, No. 24, July 15, 2024
Applications for replacement wells that meet the
						definition of an emergency well replacement (12VAC5-630-10 ) shall have
						priority over normal applications for private well permits. Emergency
						procedures are as follows:
A. Drinking
					 water wells. In the event a private drinking water well has failed and must be
					 replaced, the local health department will conduct a sanitary survey of the
					 property and surrounding area to determine the most suitable location. If a
					 site is found that meets the minimum site requirements of this chapter,
					 including the minimum separation distances contained in Table 3.1 and
					 12VAC5-630-380 F, the local health
					 department will issue a permit for that site. If a site cannot be located that
					 meets the minimum separation distances listed in Table 3.1 and
					 12VAC5-630-380 F, the local health
					 department shall identify a site that complies with the minimum separation
					 distances to the greatest extent possible. However, the replacement well shall
					 not be located closer to any source of contamination than the existing well it
					 is replacing. Replacement drinking water wells must meet the sampling
					 requirements of
					 12VAC5-630-370 D and E.
B. Heat pump wells or commercially dependent
					 wells. If a heat pump well or commercially dependent well must be replaced, the
					 applicant shall propose a replacement site based on the technical requirements
					 of the heat pump system or commercial establishment. The local health
					 department will conduct a sanitary survey of the property and surrounding area
					 to determine if the site meets the minimum site requirements of this chapter
					 including the minimum separation distances contained in Table 3.1 and
					 12VAC5-630-380 F. If the site
					 meets the minimum requirements of this chapter, the local health department
					 will issue a permit for that site. If a site cannot be located that meets the
					 minimum separation distances listed in Table 3.1 and
					 12VAC5-630-380 F, the local health
					 department shall identify a site that complies with the minimum separation
					 distances to the greatest extent possible. However, the replacement well shall
					 not be located closer to any source of contamination than the existing well it
					 is replacing. If the replacement heat pump well or commercially dependent well
					 must be placed closer to a sewage disposal system (but no closer than the
					 existing well it is replacing) the well shall be sampled for fecal coliforms.
					 If fecal coliforms are present in the sample and further investigation reveals
					 that the groundwater is contaminated, the well shall be abandoned.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-260 - Express Class IV construction permits

Current through Register Vol. 40, No. 24, July 15, 2024
If a Class IV well is proposed for property that does
						not have an onsite sewage disposal system, either active or inactive, an
						application may be made for an express Class IV construction permit. An
						application for an express Class IV construction permit shall be made on a form
						provided by the district or local health department and approved by the
						commissioner.
An application shall be deemed completed upon receipt by
						the district or local health department of a signed and dated application,
						together with the appropriate fee, containing the following information:
1. The property owner's name, address,
					 telephone number, and personal signature. The owner's signature will
					 acknowledge that the permit will be issued without the benefit of a site visit
					 by the local health department prior to the issuance of the construction
					 permit; that the permit is being issued based upon the information provided on
					 the accompanying site plan; that the property owner also acknowledges that if
					 the well is found not to comply with the minimum separation distances or any
					 other provision of this chapter, the well must be abandoned at the direction of
					 the local or district health director; and that a variance will not be
					 considered if the improper location of the well is a result of the failure by
					 the owner, his agent, or the well driller to provide complete or accurate
					 information on the site plan submitted with the application or to install the
					 well in accordance with the permit.
2. Address and directions to the
					 property;
3. The proposed use of
					 the well;
4. The name, address,
					 telephone number, Class B (minimum) license number, and signature of the well
					 driller who is to construct the well;
5. A statement signed by the property owner
					 (and not his agent) granting the department access to the site for the purposes
					 of inspecting the property and the well during and after its installation until
					 the well is approved by the department or any required abandonment is
					 completed; and
6. A site plan
					 showing the proposed well site, property boundaries, recorded easements, and
					 accurate locations of actual or proposed sources of contamination (including,
					 but not limited to those listed in Table 3.1) within 100 feet of the proposed
					 well site, and at the option of the applicant a proposed well design. If the
					 proposed well site is located on or at the base of sloping topography, the
					 minimum separation distances shown on the site plan for any sources of
					 contamination within a 60 degree arc slope of the proposed well site must be
					 increased 25 feet for every 5.0% slope.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-270 - Issuance of express Class IV construction permits and final inspection

Current through Register Vol. 40, No. 24, July 15, 2024
A. Issuance of
					 express Class IV construction permit. Upon receipt of a complete and approvable
					 application, as defined in
					 12VAC5-630-260, by a local or
					 district health department with multiple sanitarians, the department shall
					 exercise all due diligence to issue a permit either on the date of receipt or
					 the following business day. If the local or district office has only one
					 assigned sanitarian, the local or district department will exercise all due
					 diligence to issue the permit as soon as possible. Failure by the department to
					 issue the permit within the specified time does not authorize the construction
					 of the well without a permit. If applicable, the applicant shall comply with
					 12VAC5-630-340 prior to the
					 issuance of the permit.
B. Validity
					 of express Class IV construction permits. Express Class IV construction permits
					 shall only be valid for a period of 30 days from the date of
					 issuance.
C. Inspection. If, upon
					 inspection of the well, it is found that the well location does not comply with
					 the minimum separation distances or any other provision of this chapter, no
					 inspection statement shall be issued and the well shall be immediately
					 abandoned by the property owner in accordance with
					 12VAC5-630-450 upon notification
					 and direction by the local or district health director. The commissioner shall
					 not grant a variance if the improper location of the well is a result of the
					 failure by the owner, his agent, or the well driller to provide complete or
					 accurate information on the site plan submitted with the application or to
					 install the well in accordance with the permit.
The construction of the well shall also comply with this
						chapter.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-271 - Express geothermal well permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The issuance of an express geothermal
					 permit is contingent upon proper registration and payment of application fees
					 and applies to the construction of wells used solely for a closed-loop
					 geothermal heating system.
B. A
					 single application and a single fee are required for any geothermal well
					 system. The fee is the same as for a single private well. A registration
					 statement for closed loop construction permitting shall be made on a form
					 provided and approved by the division. The registration shall include the
					 following information:
1. The property
					 owner's name, address, and telephone number;
2. The address of and directions to the
					 property;
3. The proposed use of
					 the well;
4. The name, address,
					 telephone number, and contractor license number of the well driller;
5. A statement signed by the property owner
					 granting the department access to the site for the purpose of inspecting the
					 property and the well during and after the well installation until the well is
					 approved by the department or any required corrections are made;
6. A site plan, drawn to scale, showing the
					 proposed well site or sites, property boundaries, recorded easements, and
					 accurate locations of actual or proposed sources of contamination (including
					 but not limited to those listed in Table 3.1 of
					 12VAC5-630-380 ) within 100 feet
					 of the proposed well site or sites; and
7. A statement signed by the licensed well
					 driller that the location and construction of the well or wells will comply
					 with the requirements of this chapter.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-272 - Issuance of express geothermal well construction permit, inspection, and final approval

Current through Register Vol. 40, No. 24, July 15, 2024
A. Issuance
					 of the express geothermal well permit. Upon receipt of a complete registration
					 statement and the appropriate fee, the department will acknowledge receipt of
					 the registration statement and issue the permit with a copy given to the
					 contractor. The construction of the geothermal heating system may begin
					 immediately upon submission of a complete registration statement and
					 counter-signature denoting receipt by the department.
B. Inspection. The department, at its sole
					 discretion, may inspect the closed-loop geothermal well any time after
					 acceptance of the registration statement until after the installation is
					 approved. If, upon inspection of the well, it is found that the well location
					 does not comply with the minimum separation distances or any other provision of
					 this chapter, no inspection statement shall be issued until the deficiencies
					 have been corrected.
C. Final
					 approval. Upon receipt of the Uniform Water Well Completion Report, as required
					 in 12VAC5-630-440, and completion of
					 any inspections deemed necessary to ensure compliance with this chapter, or
					 unless the department has evidence to indicate that the well is not in
					 compliance with the requirements of this chapter, the local health department
					 will provide the owner with a statement that the wells are approved for
					 use.
Statutory Authority
§ 32.1-176.4 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-280 - Denial of a construction permit

Current through Register Vol. 40, No. 24, July 15, 2024
If it is determined that the proposed design is
						inadequate or that site, geological, hydrological, or other conditions exist
						that do not comply with this chapter or would preclude the safe and proper
						operation of a private well system, or that the installation of the well would
						create an actual or potential health hazard or nuisance, or the proposed design
						would adversely impact the ground water resource, the permit shall be denied
						and the owner shall be notified in writing, by certified mail, of the basis for
						the denial. The notification shall also state that the owner has the right to
						appeal the denial.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-290 - Revocation of construction permits or inspection statements

Current through Register Vol. 40, No. 24, July 15, 2024
The commissioner may revoke a construction permit or
						inspection statement for any of the following reasons:
1. Failure to comply with the conditions of
					 the permit;
2. Violation of any of
					 this chapter for which no variance has been issued;
3. Facts become known which reveal that a
					 potential health hazard would be created or that the ground water resources may
					 be adversely affected by allowing the proposed well to be installed or
					 completed.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-300 - Voidance of construction permits

Current through Register Vol. 40, No. 24, July 15, 2024
Null and void. All well construction permits are null
						and void when (i) conditions such as house location, sewage system location,
						sewerage system location, topography, drainage ways, or other site conditions
						are changed from those shown on the application, (ii) conditions are changed
						from those shown on the construction permit, or (iii) more than 54 months
						elapse from the date the permit was issued. Reapplication for the purposes of
						having an expired permit reissued shall be the responsibility of the owner, and
						such reapplication shall be handled as an initial application and comply fully
						with 12VAC5-630-230.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-310 - Statement required upon completion of construction

Current through Register Vol. 40, No. 24, July 15, 2024
Upon completion of the construction, alteration,
						rehabilitation, abandonment or extension of a private well, the owner or agent
						shall submit to the district or local health department a statement, signed by
						the contractor, upon the form set out in 12VAC5-630-490, that the well was
						installed, constructed, or abandoned in accordance with the permit, and further
						that the well complies with all applicable state and local regulations,
						ordinances and laws.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-320 - Inspection and correction

Current through Register Vol. 40, No. 24, July 15, 2024
No well shall be placed in operation, except for the
						purposes of testing the mechanical soundness of the system, until inspected by
						the district or local health department, corrections made if necessary, and the
						owner has been issued an inspection statement by the district or local health
						department.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-330 - Issuance of the inspection statement

Current through Register Vol. 40, No. 24, July 15, 2024
Upon satisfactory completion of the requirements of
						12VAC5-630-310,
						12VAC5-630-320,
						12VAC5-630-370,
						12VAC5-630-430 and
						12VAC5-630-440, the commissioner
						shall issue an inspection statement to the owner. The issuance of an inspection
						statement does not denote or imply any warranty or guarantee by the department
						that the private well will function for any specified period of time. It shall
						be the responsibility of the owner or any subsequent owner to maintain, repair,
						replace, or to comply with the requirements to abandon any private
						well.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-630-340 - Requirement for easement

Current through Register Vol. 40, No. 24, July 15, 2024
Whenever a private well subject to this chapter is
						proposed to be installed on property other than the owner's, an easement in
						perpetuity shall be recorded with the clerk of the circuit court prior to
						issuance of a construction permit. The easement shall be of sufficient area to
						permit access, construction, placement of the water line, and maintenance of
						the well.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part III - Design and Construction Criteria › Article 1 - General Requirements › Section 12VAC5-630-350 - General

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter does not apply to private wells constructed,
						altered, rehabilitated or extended prior to the effective date of these
						regulations unless the well construction is modified or expanded after the
						effective date of these regulations.
The class of well to be constructed shall be determined
						by the local or district health department or the division.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part III - Design and Construction Criteria › Article 1 - General Requirements › Section 12VAC5-630-360 - Classes of water wells

Current through Register Vol. 40, No. 24, July 15, 2024
The following classes of private wells are established
						for purposes of this chapter. These classes are in addition to those
						established in the current Commonwealth of Virginia Waterworks Regulations
						(12VAC5-590-10 et seq.) and are
						intended for use for private well systems:
1. Class III - Private wells constructed to
					 be used as a source of drinking water. There are three subclasses:
a. Class IIIA - Drilled wells in which the
					 annular space around the casing is grouted to a minimum depth of 20 feet.
(1) The well shall be drilled and cased to a
					 depth of at least 100 feet.
(2) The
					 cased drill hole shall pass through at least 50 feet of collapsing material
					 such as caving sand, gravel or other material that will collapse against the
					 casing.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part III - Design and Construction Criteria › Article 1 - General Requirements › Section 12VAC5-630-390 - Site protection

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 objects, articles, or materials of any kind which are not essential to the
					 operation of the well shall be placed or stored in a well house, on the well
					 head or well pump or water treatment system, or within close proximity to
					 them.
B. Fencing of an area around
					 the well, or the placement of other barriers or restrictions, may be required
					 as a condition of the permit under certain circumstances, such as to prohibit
					 livestock access to the well head or to prohibit vehicles from damaging or
					 polluting the area around the well head.
C. The area around the well shall be graded
					 to divert surface water away from the well.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part III - Design and Construction Criteria › Article 1 - General Requirements › Section 12VAC5-630-400 - Materials

Current through Register Vol. 40, No. 24, July 15, 2024
A. General. All
					 materials used in private wells shall have long-term resistance to corrosion
					 and sufficient strength to withstand hydraulic, lateral and bearing
					 loads.
B. Casing. Materials used
					 for casing shall be watertight and shall consist of wrought iron, concrete
					 tile, clay tile, steel, stainless steel or plastic, all designed for water well
					 use or other suitable materials as determined by the division. The division
					 shall maintain a list of approved casing materials.
1. Driven casings shall consist of ductile
					 iron, steel or stainless steel and shall be equipped with a suitable drive
					 boot.
2. Casings used for Class
					 IIIA or IIIB wells shall be steel, stainless steel or plastic.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part III - Design and Construction Criteria › Article 1 - General Requirements › Section 12VAC5-630-420 - Observation, monitoring, and remediation wells

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as provided in subsections B and C
					 of this section, observation and monitoring wells are exempted from this
					 chapter.
B. Observation or
					 monitoring wells shall be constructed in accordance with the requirements for
					 private wells if they are to remain in service after the completion of the
					 ground water study.
C. Observation
					 or monitoring wells shall be properly abandoned in accordance with
					 12VAC5-630-450 within 90 days of
					 cessation of use.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part III - Design and Construction Criteria › Article 1 - General Requirements › Section 12VAC5-630-430 - Disinfection

Current through Register Vol. 40, No. 24, July 15, 2024
All Class III private wells shall be disinfected before
						placing the well(s) in service. Disinfection shall be accomplished by
						maintaining a 100 mg/l solution of chlorine in the well for 24 hours utilizing
						the dosage rates set forth in
						12VAC5-630-470.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part III - Design and Construction Criteria › Article 1 - General Requirements › Section 12VAC5-630-440 - Information to be reported

Current through Register Vol. 40, No. 24, July 15, 2024
A copy of a Uniform Water Well Completion Report (see
						12VAC5-630-490 ) shall be provided to the district or local health department
						within 30 days of the completion of the well or completion of alterations
						thereto.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part III - Design and Construction Criteria › Article 1 - General Requirements › Section 12VAC5-630-460 - Water system yields for residential use wells

Current through Register Vol. 40, No. 24, July 15, 2024
A. All drinking water systems that utilize
					 one or more Class III wells shall be capable of supplying water in adequate
					 quantity for the intended usage. All such systems, with a capacity less than
					 three gallons per minute, shall have a capacity to produce and store 150
					 gallons per bedroom per day and be capable of delivering a sustained flow of
					 five gallons per minute per connection. Systems with a capacity of three
					 gallons per minute or more do not require additional storage.
B. The certified water well systems provider
					 shall certify the storage capacity and the yield of the well on the Uniform
					 Water Well Completion Report.
Statutory Authority
§ 32.1-176.4 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part III - Design and Construction Criteria › Article 1 - General Requirements › Section 12VAC5-630-470 - Chlorination dosage rates

Current through Register Vol. 40, No. 24, July 15, 2024
Casing Diameter (Inches)
Volume per 100 Feet (Gallons)
70% Sodium Hypochlorite (Oz. Dry Wt.)
5% Sodium Hypochlorite (Liquid Meas.)
2
16
0.5
4 oz.
4
65
2
18 oz.
6
147
4
40 oz.
8
261
6
4.25 pts.
10
408
8
7 pts.
12
588
12
10 pts.
16
1045
20
2 gal.
20
1632
32
3.3 gal.
24
2350
48
4.67 gal.
30
3672
70
7.3 gal.
36
5288
101
10.5 gal.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part III - Design and Construction Criteria › Article 1 - General Requirements › Section 12VAC5-630-480 - Well casing specifications

Current through Register Vol. 40, No. 24, July 15, 2024
Steel Casings
Nom. Size (inches)
Weight (lbs./ft.)
Thickness (inches)
External Diameter
Internal Diameter
4
10.79
.188
4.5
4.026
6
13.00
.188
6.625
6.25
8
24.70
.277
8.625
8.071
10
31.20
.279
10.75
10.192
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 630 - PRIVATE WELL REGULATIONS › Part III - Design and Construction Criteria › Article 1 - General Requirements › Form - FORMS (12VAC5-630)

Current through Register Vol. 40, No. 24, July 15, 2024
Application
						for: Sewage System - Water Supply, AOSE Form D (rev. 7/07)
.
Application
						for Express Class IV Well Construction Permit
.
Record of Inspection - Private Water Supply
						System.
Uniform
						Water Well Completion Report
.
Registration
						Statement for Express Geothermal Well Permit (eff.
						06/12)
.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part I - General Provisions › Article 1 - General Provisions › Section 12VAC5-640-10

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12 and 32.1-164
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part I - General Provisions › Article 1 - General Provisions › Section 12VAC5-640-20 - Purpose of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
Title 32.1 of the Code of Virginia and specifically
						§§ 32.1-12, 32.1-163, and 32.1-164 of the Code of Virginia provide
						that the board has the duty to protect the public health and the environment.
						In order to discharge this duty, the board is empowered to supervise and
						regulate the construction, location, and operation of alternative discharging
						sewage treatment systems with flows less than or equal to 1,000 gallons per day
						on a monthly average for an individual single family dwelling within the
						Commonwealth when such a system is regulated by the Virginia State Water
						Control Board pursuant to a Virginia Pollutant Discharge Elimination System
						General Permit.
These regulations have been promulgated by the State
						Board of Health to:
1. Ensure that
					 discharging systems are permitted, constructed, and operated in a manner which
					 protects the environment and protects the public welfare, safety and
					 health;
2. Guide the commissioner
					 in his determination of whether a permit for construction and operation of a
					 discharging system should be issued or denied;
3. Guide the owner or his agent in the
					 requirements necessary to secure a permit for construction of a discharging
					 system;
4. Guide the owner or his
					 agent in the requirements necessary to secure an operation permit following
					 construction;
5. Guide the owner or
					 his agent in the requirements necessary to operate and maintain a discharging
					 system;
6. Guide the commissioner
					 in his determination of whether a discharging system is being operated in a
					 manner which protects public health and the environment; and
7. Guide the commissioner in his
					 determination of what actions are appropriate to correct violations of this
					 chapter.
Statutory Authority: §§ 32.1-12 and 32.1-164
						  of the Code of Virginia.