reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 600 - WATERWORKS OPERATION FEE › Section 12VAC5-600-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
As used in this chapter, unless otherwise defined, words and
				  terms are the same as those in § 32.1-167 of the Code of Virginia or in
				  12VAC5-590-10 (Waterworks
				  Regulations) and shall have the following meanings unless the context clearly
				  indicates otherwise:
"Board" means the State Board of Health.
"Commissioner" means the State Health Commissioner who is the
				  executive officer of the State Board of Health.
"Community waterworks" means a waterworks that serves at
				  least 15 service connections used by year-round residents or regularly serves
				  at least 25 year-round residents.
"Customer account" means
(i) a metered or unmetered potable water
				service connection to the customer that is billed in any way by the waterworks
				owner or
(ii) where any community
				waterworks sends no billing, the customer accounts shall be defined as equal to
				the population served divided by four.
"Department" means the Virginia Department of Health.
"Due" means received or postmarked by the stated date.
"Fiscal year" means the year from July 1 to June 30.
"Nontransient noncommunity waterworks" or "NTNC" means a
				  waterworks that is not a community waterworks and that regularly serves at
				  least 25 of the same persons over six months out of the year.
"Owner" means an individual, group of individuals,
				  partnership, firm, association, institution, corporation, governmental entity,
				  or the federal government that supplies or proposes to supply water to any
				  person within this Commonwealth from or by means of any waterworks.
"Service connection" means the point of delivery of water to
				  a customer's building service line as follows:
1. If a meter is installed, the service
				connection is the downstream side of the meter;
2. If a meter is not installed, the service
				connection is the point of connection to the waterworks; or
3. When the waterworks owner is also the
				building owner, the service connection is the entry point to the building.
"Waterworks" means a system that serves piped water for human
				  consumption to at least 15 service connections or 25 or more individuals for at
				  least 60 days out of the year. "Waterworks" includes all structures, equipment
				  and appurtenances used in the storage, collection, purification, treatment and
				  distribution of pure water except the piping and fixtures inside the building
				  where such water is delivered.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 600 - WATERWORKS OPERATION FEE › Section 12VAC5-600-20 - Purpose of the regulation

Current through Register Vol. 40, No. 24, July 15, 2024
The regulation establishes a waterworks operation fee
				  schedule where the number of customer accounts of a community waterworks is the
				  basis for assessing charges to the community waterworks. The fee schedule for
				  nontransient noncommunity waterworks is based on the waterworks being
				  classified as a nontransient noncommunity waterworks. No owner shall pay more
				  than $160,000 per year per waterworks, nor is it the intent that an owner be
				  charged this fee on water transferred to another waterworks.
Statutory Authority
§§ 32.1-12 and 32.1-170 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 600 - WATERWORKS OPERATION FEE › Section 12VAC5-600-30 - Compliance with the Administrative Process Act

Current through Register Vol. 40, No. 24, July 15, 2024
The provisions of the Administrative Process Act (§
				  2.2-4000 et seq. of the Code of Virginia) shall govern the promulgation and
				  administration of this chapter.
Statutory Authority
§§ 32.1-12 and 32.1-170 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 600 - WATERWORKS OPERATION FEE › Section 12VAC5-600-40 - Powers and procedure of regulation not exclusive

Current through Register Vol. 40, No. 24, July 15, 2024
The commissioner may enforce this chapter through any means
				  lawfully available including, but not limited to, the revocation of the
				  waterworks operation permit (see § 32.1-174 of the Code of
				  Virginia).
Statutory Authority
§§ 32.1-12 and 32.1-170 and 32.1-171.1 of the
					 Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 600 - WATERWORKS OPERATION FEE › Section 12VAC5-600-50 - Community waterworks operation fee

Current through Register Vol. 40, No. 24, July 15, 2024
A. An annual waterworks operation fee, not to
				exceed $160,000, shall be charged as of July 1 of each fiscal year to the owner
				of each community waterworks in an amount as follows:
For each fiscal year: the number of customer accounts
				  multiplied by no more than $3.00.
B. The fee shall be paid to the department
				and be due as follows:
1. If the fee
				established in subsection A of this section is $400 or less, the fee shall be
				due in a lump sum on August 1;
2.
				If the fee established in subsection A of this section is more than $400, the
				fee shall be due in a lump sum or equal quarterly installments each year as
				follows:
a. August 1-The lump sum or first
				quarterly installment.
b. November
				1-The second quarterly installment.
c. February 1-The third quarterly
				installment.
d. May 1-The fourth
				quarterly installment.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 600 - WATERWORKS OPERATION FEE › Section 12VAC5-600-60 - Nontransient noncommunity (NTNC) waterworks operation fee

Current through Register Vol. 40, No. 24, July 15, 2024
A. An annual waterworks operation fee shall
				be charged as of July 1 of each fiscal year to the owner of each NTNC
				waterworks. For each fiscal year, an amount of no more than $90 per NTNC
				waterworks shall be assessed.
B.
				The fee shall be due to the department every November 1.
Statutory Authority
§§ 32.1-12 and 32.1-170 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 600 - WATERWORKS OPERATION FEE › Section 12VAC5-600-70 - Notice

Current through Register Vol. 40, No. 24, July 15, 2024
The department will send to each waterworks owner a payment
				  form/data verification notice as prescribed by the department on or before July
				  1 of each year. Failure to receive this notice does not relieve the
				  responsibility of the owner from providing payments or
				  verification.
Statutory Authority
§§ 32.1-12 and 32.1-170 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 600 - WATERWORKS OPERATION FEE › Section 12VAC5-600-80 - Refundability

Current through Register Vol. 40, No. 24, July 15, 2024
The fees established in
				  12VAC5-600-50 and
				  12VAC5-600-60 are nonrefundable
				  but are credited to any new owner of the same waterworks.
Statutory Authority
§§ 32.1-12 and 32.1-170 and 32.1-171.1 of the
					 Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 600 - WATERWORKS OPERATION FEE › Section 12VAC5-600-90 - Exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
Customer accounts through which water is sold or delivered
				  to another waterworks are exempted from the fee calculated in
				  12VAC5-600-50.
Statutory Authority
§§ 32.1-12 and 32.1-170 and 32.1-171.1 of the
					 Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 600 - WATERWORKS OPERATION FEE › Section 12VAC5-600-100 - Payments

Current through Register Vol. 40, No. 24, July 15, 2024
Payments are to be made payable to: VDH - Waterworks
				  Technical Assistance Fund and sent to:
Virginia Department of Health
Office of Drinking Water
Madison Building, 6th Floor
109 Governor Street, Room 622
Richmond, Virginia 23219
Statutory Authority
§§ 32.1-12 and 32.1-170 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 600 - WATERWORKS OPERATION FEE › Section 12VAC5-600-110 - Late fees and administrative charges

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to the powers in
				  12VAC5-600-40, operation fees not
				  received or postmarked by the due date shall be subject to interest,
				  administrative charges, and late penalty fees in accordance with §
				  2.2-4805 of the Code of Virginia.
Statutory Authority
§§ 32.1-12 and 32.1-170 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 600 - WATERWORKS OPERATION FEE › Form - FORMS (12VAC5-600)

Current through Register Vol. 40, No. 24, July 15, 2024
Waterworks
				  Operation Fee - Invoice/Data Verification Notice - less than $400 (rev.
				  8/14)
Waterworks
				  Operation Fee - Invoice/Data Verification Notice - $400 or more (rev.
				  8/14)
Statutory Authority: §§ 32.1-12 and 32.1-170 of
					 the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part I - General Framework for Regulations › Article 1 - General Provisions › Section 12VAC5-610-20 - Purpose of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter has been promulgated by the State Board of
						Health to:
1. Assure that all sewage
					 is handled and disposed of in a safe and sanitary manner;
2. Guide the State Health Commissioner in his
					 determination of whether a permit for handling or disposing of sewage should be
					 issued or denied; and
3. Guide the
					 owner in the requirements necessary to secure a permit for handling and
					 disposing of sewage.
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 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part I - General Framework for Regulations › Article 1 - General Provisions › Section 12VAC5-610-30 - Relationship to other regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter addresses the handling and
					 disposal of those portions of sewage flows not regulated by a Virginia
					 Pollutant Discharge Elimination System (VPDES) Permit or a Virginia Pollutant
					 Abatement (VPA) Permit issued in accordance with 9VAC25-31 or 9VAC25-32,
					 respectively.
B. Reclamation and
					 reuse of sewage may be subject to permitting by the Department of Environmental
					 Quality under 9VAC25-740.
Statutory Authority: §§ 32.1-12, 32.1-164,
						  and 32.1-164.9 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part I - General Framework for Regulations › Article 1 - General Provisions › Section 12VAC5-610-40 - Administration of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter is administered by the following:
1. State Board of Health. The State Board of
					 Health, hereinafter referred to as the board, has the responsibility to
					 promulgate, amend, and repeal regulations necessary to ensure the safe and
					 sanitary handling and disposal of sewage.
2. State Health Commissioner. 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, for
					 the board when it is not in session. The commissioner may delegate his powers
					 under this chapter with the exception of his power to issue orders under §
					 32.1-26 of the Code of Virginia and
					 12VAC5-610-170 B. The commissioner
					 has final authority to adjudicate contested decisions of subordinate delegated
					 powers under this section prior to appeal of such decisions to the circuit
					 court.
3. State Department of
					 Health. The State Department of Health, hereinafter referred to as the
					 department, is designated as the primary agent of the commissioner for the
					 purpose of administering this chapter.
4. District or local health departments. The
					 district or local health departments are responsible for implementing and
					 enforcing the operational activities as required by this chapter.
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 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part I - General Framework for Regulations › Article 1 - General Provisions › Section 12VAC5-610-50 - Sewage Handling and Disposal Advisory Committee

Current through Register Vol. 40, No. 24, July 15, 2024
The commissioner shall appoint a Sewage Handling and
						Disposal Advisory Committee consisting of 16 appointed members and five ex
						officio members. The commissioner shall appoint to the Sewage Handling and
						Disposal Advisory Committee one individual each from the following: a member of
						the Virginia Society of Professional Engineers; a member of the Consulting
						Engineers Council of Virginia; a member of the Virginia Association of
						Professional Soil Scientists; a member of the Home Builders Association of
						Virginia; a member of the Virginia Association of Counties; a member of the
						Virginia Municipal League; a member of the Virginia Association of Realtors; a
						member of the Virginia Section, America Institute of Professional Geologists; a
						member of the Virginia Well Drillers Association; a member of the Virginia
						Water Environment Association; a faculty member of a Virginia state university
						or college whose principal field of teaching is soil science; a member of the
						Virginia Environmental Health Association; a member of the Virginia Wastewater
						Association; a member of the Virginia Coalition of Environmental Associations
						and two citizens at large. Ex officio members shall consist of the Director,
						Division of Wastewater Engineering; an environmental engineer from Chesapeake
						Bay Local Assistance Department; a person with nonpoint source experience from
						the Department of Conservation and Recreation; Director, Bureau of Applied
						Technology, Department of Environmental Quality; and the Director, Division of
						Onsite Sewage; and Water Services; or their designees. The chairman shall be
						designated by the commissioner.
Appointed members shall serve at the discretion of the
						commissioner with terms being two years in duration. The Sewage Handling and
						Disposal Advisory Committee shall make recommendations to the commissioner
						regarding sewage handling and disposal policies, procedures and programs of the
						department. The committee shall meet at least annually. The committee shall
						establish its rules of order.
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 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part I - General Framework for Regulations › Article 1 - General Provisions › Section 12VAC5-610-60 - The State Health Department Sewage Handling and Disposal Appeals Review Board

Current through Register Vol. 40, No. 24, July 15, 2024
There is established within the Department of Health
						under § 32.1-166.1 the Sewage Handling and Disposal Appeals Review Board,
						hereinafter referred to as the Appeals Review Board.
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 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part I - General Framework for Regulations › Article 1 - General Provisions › Section 12VAC5-610-70 - Grandfather clause

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any owner of
					 a grandfathered lot may submit an application for a construction permit
					 according to the procedure in
					 12VAC5-610-250. The local health
					 department may perform a site and soil evaluation in accordance with Part III
					 (12VAC5-610-450 et seq.) of this
					 chapter and a permit shall be issued for a system which complies to the
					 greatest extent possible with this chapter provided that the site and soil
					 conditions would not preclude the successful operation of the system. Whenever
					 the site and soil conditions on a grandfathered lot do not substantially comply
					 with the requirements in Part IV (12VAC5-610-591 et
					 seq.) of this chapter for a septic tank effluent system, secondary treatment
					 will be required in the system design. In no case may the separation distance
					 between the subsurface absorption system and a drinking water supply be less
					 than the separation distance established in the regulations in effect at the
					 time the grandfathered lot was approved (subdivision approval) or when the
					 first permit was issued for the grandfathered lot.
B. Certification letters may not be issued in
					 lieu of permits under the grandfather clause.
C. All permits issued under the grandfather
					 clause which do not substantially comply with the provisions of this chapter
					 shall be considered conditional permits in accordance with
					 12VAC5-610-250 J. A statement
					 approved by the division shall be recorded and indexed in the grantor index of
					 the land records of the circuit court having jurisdiction over the site of the
					 sewage treatment and disposal system. The statement shall indicate that the
					 permit is issued under the grandfather clause and that the site and soil
					 conditions do not substantially comply with the current regulations and may
					 contain such other information as the division deems appropriate to serve
					 notice to future owners of the unique nature of grandfathered lots.
D. Within 18 months of July 1, 2000, any
					 owner of a lot for which a certification letter or subdivision approval was
					 issued after November 1, 1982, may submit an application for a construction
					 permit according to the procedures in
					 12VAC5-610-250. Such application
					 shall be subject to the permitting requirements of the regulations under which
					 the certification letter or subdivision approval was issued.
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 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part I - General Framework for Regulations › Article 1 - General Provisions › Section 12VAC5-610-75 - Permits valid on the effective date of this chapter

Current through Register Vol. 40, No. 24, July 15, 2024
Sewage disposal system construction permits which are
						valid on July 1, 2000, shall be automatically renewed on a one-time basis. Each
						permit thus renewed shall have an expiration date 18 months from the expiration
						date shown on the face of the permit. Such permits may be converted to
						certification letters only if they substantially comply with the current
						provisions of this chapter.
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 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part I - General Framework for Regulations › Article 1 - General Provisions › Section 12VAC5-610-80 - Sewerage systems and/or treatment works required

Current through Register Vol. 40, No. 24, July 15, 2024
A. The discharge of untreated sewage onto the
					 land or into the waters of the Commonwealth is prohibited.
B. No owner, person, or occupant shall
					 discharge treated or untreated sewage onto the land, into the soil or into the
					 waters of the Commonwealth without a valid permit from the commissioner or, as
					 appropriate, a certificate issued by the Department of Environmental Quality in
					 accordance with Title 62.1 of the Code of Virginia.
C. All buildings, residences, and structures
					 designed for human occupancy, employment or habitation and other places where
					 humans congregate shall be served by an approved sewerage system and/or
					 treatment works. An approved sewerage system or treatment works is a system for
					 which a certificate to operate has been issued jointly by the department and
					 the Department of Environmental Quality or a system which has been issued a
					 separate permit by the commissioner.
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 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part I - General Framework for Regulations › Article 1 - General Provisions › Section 12VAC5-610-100 - Right of entry

Current through Register Vol. 40, No. 24, July 15, 2024
The commissioner or his designee shall have the right to
						enter any property to assure compliance with this chapter in accordance with
						the provisions of § 32.1-25 of the Code of Virginia.
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 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-610-130 - Compliance with Virginia Administrative Process Act

Current through Register Vol. 40, No. 24, July 15, 2024
The provisions of the Virginia Administrative Process
						Act 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 32.1-164 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-610-160 - Emergency order or rule

Current through Register Vol. 40, No. 24, July 15, 2024
If an emergency exists the commissioner may issue an
						emergency order or rule as is necessary for preservation of public health,
						safety, and welfare. The emergency order or rule shall state the reasons and
						precise factual basis upon which the emergency rule or order is issued. The
						emergency order or rule shall state the time period for which it is
						effective.
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 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-610-170 - Enforcement of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
All sewage handling and disposal facilities shall be
						constructed and operated in compliance with the requirements as set forth in
						this chapter. The commissioner may enforce this chapter through any means
						lawfully available.
A. Notice. Subject
					 to the exceptions indicated below whenever the commissioner or the district or
					 local health department has reason to believe a violation of any of these
					 regulations 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 violations (See § 32.1-27 of the Code of
					 Virginia). When the commissioner deems it necessary he may initiate criminal
					 prosecution or seek civil relief through mandamus or injunctive relief 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 to comply with the
					 provisions of this chapter. The order shall be signed by the commissioner and
					 may require:
1. The immediate cessation or
					 correction, or both, of the violation;
2. The acquisition or use of additional land,
					 equipment, supplies or personnel to assure 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; and
5.
					 Any other corrective action deemed necessary for proper compliance with the
					 regulations.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-610-190 - Variances

Current through Register Vol. 40, No. 24, July 15, 2024
The commissioner may grant a variance to this chapter;
						however, minor deviations to the criteria contained in Part IV (12VAC5-610-591 et seq.) or Part V
						(12VAC5-610-660 et seq.) of this
						chapter may be granted in accordance with
						12VAC5-610-280 C. The commissioner
						shall follow the appropriate procedures set forth in this section in granting a
						variance.
A. Definition of a variance.
					 A variance is a conditional waiver of a specific regulation which is granted to
					 a specific owner relating to a specific situation or facility and may be for a
					 specified time period.
B.
					 Requirements for a variance. The commissioner may grant a variance if a
					 thorough investigation reveals that the hardship imposed (may be economic) by
					 this chapter outweighs the benefits that may be received by the public and that
					 the granting of such variance does not subject the public to unreasonable
					 health risks.
C. Application for a
					 variance. Any owner who seeks a variance shall apply in writing for a variance.
					 The application shall be sent to the appropriate district and local health
					 department for review and forwarding to the commissioner. The application shall
					 include:
1. A citation to the regulation 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. The hardship imposed by
					 the specific requirement of this chapter;
5. A statement of reasons why the public
					 health and welfare would be better served if the variance were
					 granted;
6. Suggested conditions
					 that might be imposed on the granting of a variance that would limit the
					 detrimental impact on the public health and welfare;
7. Other information, if any, believed
					 pertinent by the applicant; and
8.
					 Such other information as the local health department and the commissioner may
					 require.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-610-210 - Request for hearing

Current through Register Vol. 40, No. 24, July 15, 2024
The commissioner or any person or owner injured by
						alleged violation of this chapter may request a hearing of one of the types
						listed by sending the request in writing to the district or local health
						department. The request for hearing shall cite the reason or reasons for the
						hearing request and shall cite the section or sections of this chapter
						involved.
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 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-610-220 - Hearing as a matter of right

Current through Register Vol. 40, No. 24, July 15, 2024
Any person or owner 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 operation permit unless the person can demonstrate at an
						informal hearing that the minimum standards contained in these regulations have
						not been applied and that he will be injured in some manner by the issuance of
						the permit.
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 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-610-230 - Appeal

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any appeal from
					 a denial of a construction permit for a sewage disposal system must be made in
					 writing and received by the department within 30 days of the date of receipt of
					 notice of the denial.
B. Any
					 request for hearing on the denial of an application for a variance pursuant to
					 12VAC5-610-170 E 1 must be made in
					 writing and received within 30 days of receipt of the denial notice.
C. Any request for a variance must be made in
					 writing and received by the department prior to the denial of the sewage
					 disposal system permit, or within 30 days after such denial.
D. In the event a person applies for a
					 variance within the 30-day period provided by subsection C of this section, the
					 date for appealing the denial of the permit, pursuant to subsection B of this
					 section, shall commence from the date on which the department acts on the
					 request for a variance.
E. 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
					 or Appeal Review Board to an appropriate circuit court.
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 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-610-240 - Permits; general

Current through Register Vol. 40, No. 24, July 15, 2024
No person or owner shall construct, operate, expand or
						modify a sewage disposal or handling system without a written permit from the
						commissioner.
A. Sewage disposal
					 permits. No person or owner shall cause or allow the construction, expansion or
					 modification of a sewage disposal system without the written construction
					 permit from the commissioner which authorizes the construction or
					 modifications. Furthermore, no person or owner shall cause or permit any sewage
					 disposal system constructed after the effective date of this chapter to be
					 operated without a written operation permit issued by the commissioner which
					 authorizes the operation of the sewage disposal system, and/or nonpublic
					 drinking water system (see
					 12VAC5-610-340 ). Conditions may
					 be imposed on the issuance of any permit and no sewage disposal system shall be
					 constructed, modified or operated in violation of these conditions.
B. Sewage handling permits. Any person who
					 removes or contracts to remove and transport by vehicle the contents of any
					 septic tank, sewage treatment plant, privy, holding tank, portable toilet, or
					 any sewage septage or sewage sludges from any other device shall be deemed an
					 owner and shall have a written sewage handling permit issued by the
					 commissioner.
Exception. No such permit is required for the handling
						of sewage from (1) a holding tank on a vehicle or vessel by the owner of such
						vehicle or vessel or (2) the removal of screenings, sludges, grit, etc. from a
						sewage treatment plant by the owner or employees of such sewage treatment
						facilities.
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 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-610-250 - Procedures for obtaining a construction permit for a sewage disposal system

Current through Register Vol. 40, No. 24, July 15, 2024
Construction permits are issued by the commissioner but
						all requests for a sewage disposal construction permit shall be directed
						initially to the district or local health department. For construction permits
						with design flows less than 1,000 gallons per day that are exempt from the
						license requirements for professional engineers under § 54.1-402 A 11 of
						the Code of Virginia, the requirement for formal plans and specifications is
						waived.
A. Type I. A Type I sewage
					 disposal system is an individual sewage disposal system incorporating a septic
					 tank and subsurface soil absorption (septic tank-subsurface drainfield) serving
					 a single residence. The submission of an application is all that is normally
					 necessary to initiate procedure for obtaining a permit under this subsection.
					 If after a site investigation, it is determined that pumping, enhanced flow
					 distribution (see
					 12VAC5-610-930
					 A) or low pressure distribution (see
					 12VAC5-610-940)
					 is necessary, the system shall be considered a Type II system.
B. Type II. A Type II sewage disposal system
					 is a sewage disposal system incorporating a septic tank and subsurface soil
					 absorption system which serves a commercial or other establishment, more than a
					 single family dwelling unit, or where pumping, enhanced flow distribution (see
					 12VAC5-610-930
					 A) or low pressure distribution (see
					 12VAC5-610-940)
					 is necessary. The procedure for obtaining a permit includes the following
					 steps:
1. The submission of an
					 application;
2. A preliminary
					 conference as necessary; and
3. The
					 submission of informal plans, specifications, design criteria, and other data,
					 as may be required by the district or local health department. Depending on the
					 size and complexity of the system, the submission of formal plans and
					 specifications may be required.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-610-255 - Certification letters

Current through Register Vol. 40, No. 24, July 15, 2024
A. An applicant
					 for a sewage disposal system who does not intend to build within 18 months of
					 application shall apply for a certification letter. The process shall be the
					 same as for a system application made in accordance with
					 12VAC5-610-250. The fees charged
					 for a certification letter shall be the same as prescribed in § 32.1-164C
					 of the Code of Virginia.
B.
					 Certification letters indicate that a site is suitable for an onsite sewage
					 treatment and disposal system and do not need to indicate the type of system
					 for which the site is suitable.
C.
					 Certification letters do not expire and shall convey with the land in the event
					 the property is sold between the time the certification letter is issued and a
					 construction permit is requested.
D. Certification letters may be converted to
					 a construction permit by making application to the local health department in
					 accordance with
					 12VAC5-610-250 and paying any
					 required fees. Note, however, no additional fee shall be charged when a
					 certification letter is converted to a construction permit within 18 months of
					 the date the letter was issued.
E.
					 Formal plans and specifications are not required in order to obtain a
					 certification letter unless said plans and specifications are necessary to
					 determine the appropriateness of a site for a sewage disposal system. Depending
					 upon the type and complexity of the system to be permitted, formal plans and
					 specifications may be required.
F.
					 Certification letters shall be issued only for conventionally approved systems.
					 Certification letters shall not be issued for experimental or provisionally
					 approved systems because there is no assurance that said system will
					 successfully complete the required testing and demonstration and, hence, may
					 not be available when the property owner wishes to convert the letter to a
					 construction permit. Further, no certification letter shall be issued for a
					 conditional permit pursuant to
					 12VAC5-610-250 J.
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 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-610-260 - Requirements for the submission of formal plans, specifications and other data

Current through Register Vol. 40, No. 24, July 15, 2024
A. In accordance
					 with the provisions of Title 54.1 of the Code of Virginia, all formal drawings,
					 specifications, reports, and other documents submitted for approval shall be
					 prepared by or under the supervision of a licensed professional engineer. The
					 front cover of each set of drawings, of each copy of data and each copy of the
					 specifications submitted shall bear the original imprint of the seal and
					 signature of the licensed professional engineer by or under whom prepared. In
					 addition each drawing submitted shall bear an imprint or a legible facsimile of
					 such seal.
B. If revisions to the
					 formal plans, specifications or documents are necessitated, a letter will be
					 sent to the engineer outlining the revisions and requesting submission of the
					 revised documents within 30 calendar days.
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 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-610-270 - Approval of formal plans

Current through Register Vol. 40, No. 24, July 15, 2024
Final, complete and detailed plans and specifications
						submitted in accordance with the provisions of
						12VAC5-610-250 and
						12VAC5-610-260 will be reviewed by
						the district or local health department as appropriate as soon as practicable
						upon receipt. Such plans will be approved if they demonstrate compliance with
						the criteria set forth in Part V (12VAC5-610-660 et
						seq.) of this chapter, and if the sewage disposal system will be able to
						function properly. A set of approved plans will be returned to the
						owner.
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 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-610-280 - Issuance of the construction permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. A construction permit shall be issued by
					 the commissioner after approval of the application submitted under
					 12VAC5-610-250 A and D and
					 fulfilling the requirement contained in
					 12VAC5-610-700 E 2, if
					 applicable.
B. A construction
					 permit shall be issued by the commissioner after approval of the application
					 and plans and specifications submitted under
					 12VAC5-610-250 B and C. Such
					 approvals shall include the requirement contained in
					 12VAC5-610-700 E 2, if applicable,
					 and applicable requirements of the Department of Environmental Quality in
					 accordance with § 32.1-164.3 of the Code of Virginia.
C. Exception.
1. If compliance with the criteria contained
					 in Part IV (12VAC5-610-591 et seq.) or Part V
					 (12VAC5-610-660 et seq.) of this
					 chapter imposes economic or other conditions that are not justified by the
					 health considerations upon which the criteria are based, a construction permit
					 may be issued for the disposal system design which substantially complies with
					 the criteria set forth in Part IV or V of this chapter.
2. When issuing a construction permit for
					 repair of an existing failing sewage disposal system for an occupied structure
					 with indoor plumbing, the criteria contained in Parts IV and V of this chapter
					 shall be complied with to the greatest extent possible. However, it is not
					 necessary to substantially comply with all of the requirements in those parts
					 of this chapter with the exception of the set back distances for shellfish
					 waters or drinking water wells, unless the system is already closer in which
					 case the corrected system shall not be closer than the existing system.
					 Furthermore, when it can be documented that compliance with those parts creates
					 an economic hardship, the district health director or the district
					 environmental health manager may waive the requirements for pretreating the
					 effluent. All corrections must be of such a nature that they can reasonably be
					 expected to reduce the risk to public health caused by the malfunctioning
					 systems.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-610-290 - Denial of a construction permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. If it is determined that the proposed
					 design is inadequate or that soil, geological or other conditions are such to
					 preclude safe and proper operation of a proposed sewage disposal system or that
					 the installation of the system would create an actual or potential health
					 hazard or nuisance, the permit shall be denied and the owner shall be notified
					 in writing of the basis for the denial. The notification shall also state that
					 the owner has the right to appeal the denial.
B. Construction permits may be denied for new
					 construction to be served by a public water supply system which has reached its
					 permitted capacity.
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 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-610-300 - Voidance, revalidation, and revocation of construction permits with and without conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Null and
					 void. All sewage disposal construction permits are null and void when (i)
					 conditions such as house location, sewage system location, sewerage system
					 location, well 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 18 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 12VAC5-610-250.
B. Revalidation. Except as provided in
					 12VAC5-610-70, construction
					 permits shall be revalidated if more than 18 months have elapsed since issuance
					 of the construction permit and construction has not commenced. The district or
					 local health department shall revalidate the permit if the permit had been
					 previously issued in accordance with this chapter and the site conditions are
					 the same as shown on the application and construction permit. Exception. This
					 subsection is inapplicable to a Type III septage disposal facility.
C. Revocation. 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 sewage disposal system to be
					 installed or completed.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-610-310 - Revisions of approved plans

Current through Register Vol. 40, No. 24, July 15, 2024
Any deviation from approved plans and specifications
						affecting capacity, hydraulic conditions, operating units or the functioning of
						the sewage disposal system must be approved by the bureau before such changes
						are made. Revised plans and specifications shall be submitted in time to permit
						the review and approval of such plans and specifications before any
						construction work which will be affected by the changes is
						begun.
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 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 1 - Procedures › Section 12VAC5-610-320 - Inspection and correction

Current through Register Vol. 40, No. 24, July 15, 2024
No part of any installation shall be covered with earth
						or used until inspected, corrections made if necessary, and approved, by the
						district or local health department or unless expressly authorized by the
						district or local health department. Any part of an installation which has been
						covered prior to approval shall be uncovered upon the direction of the district
						or local health department. This section shall not apply to any sewage disposal
						system installation that is pursuant to a design certified by a licensed
						professional engineer or onsite soil evaluator.
Exception. This section is inapplicable to a Type III
						septage disposal facility.
Statutory Authority
§§ 32.1-12 and 32.1-164 of the Code of
						  Virginia.