reglab/statecodes huggingface dataset:
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 12VAC5-640-30 - Scope of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
					 chapter applies to all alternative discharging sewage treatment systems
					 constructed and operated to serve an individual single family dwelling with
					 flows less than or equal to 1,000 gallons per day on a monthly average. This
					 includes the following systems:
1. All new
					 discharging systems described in this subsection when such systems are
					 regulated by the State Water Control Board pursuant to a General
					 Permit.
2. All existing discharging
					 sewage treatment systems, as described in this subsection, constructed prior to
					 July 30, 1992, and permitted by the State Water Control Board under its
					 individual VPDES permit program shall be governed by this chapter, except for
					 the monitoring requirements noted in this subdivision, effective upon the
					 expiration date of their individual VPDES permit and approval of the owner's
					 registration statement by the SWCB under the General Permit. Upon approval
					 under the General Permit, the owners of such systems need only comply with the
					 monitoring requirements of the General Permit and the monitoring requirements
					 in 12VAC5-640-510, and not
					 12VAC5-640-490 and
					 12VAC5-640-500, until (i) a change
					 in ownership or (ii) the discharging system violates the effluent limitations
					 of the General Permit for two consecutive quarters, whichever occurs first.
					 After either event, the owner shall comply with
					 12VAC5-640-490 and
					 12VAC5-640-500.
3. All existing discharging sewage treatment
					 systems as described in this subsection that were operating without a valid
					 VPDES permit on July 30, 1992, shall be governed by this chapter after the
					 owner receives registration statement approval from the SWCB under the General
					 Permit.
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 12VAC5-640-40 - Relationship to the Virginia Sewage Handling and Disposal Regulations

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter is supplemental to the Sewage Handling and
						Disposal Regulations (12VAC5-610) or its successor that govern the treatment
						and disposal of sewage utilizing onsite systems. The Sewage Handling and
						Disposal Regulations shall govern the materials and construction practices used
						to install alternative discharging sewage treatment systems and all
						appurtenances associated with systems including but not limited to pipes and
						fittings whenever specifications are not contained in 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 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part I - General Provisions › Article 1 - General Provisions › Section 12VAC5-640-50

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 12VAC5-640-60 - Relationship to the State Water Control Board

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter contains administrative procedures and
						construction, location, monitoring and maintenance requirements which are
						supplementary to the State Water Control Board's VPDES General Permit
						Regulation for domestic sewage discharges less than or equal to 1,000 gallons
						per day. This chapter applies only to individual single family dwellings with
						flows less than or equal to 1,000 gallons per day on a monthly average
						registered under this General Permit. Single family dwellings are a subset of
						the systems regulated by the State Water Control Board under this General
						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 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part I - General Provisions › Article 1 - General Provisions › Section 12VAC5-640-70 - Relationship to the Uniform Statewide Building Code

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter is independent of, and in addition to, the
						requirements of the Virginia Uniform Statewide Building Code (13VAC5-63). All
						persons having obtained a construction permit under this chapter shall furnish
						a copy of the permit to the local building official, upon request, when making
						application for a building permit. Prior to obtaining an occupancy permit, an
						applicant shall furnish the local building official with a copy of the
						operation permit demonstrating the system has been inspected and approved by
						the department.
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 12VAC5-640-80 - Administration of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter is administered by the following:
1. The State Board of Health has the
					 responsibility to promulgate, amend, and repeal regulations necessary to ensure
					 the proper construction, location, and operation of alternative discharging
					 systems.
2. The commissioner is the
					 chief executive officer of the Virginia 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 to any subordinate, with the exception
					 of (i) his power to issue variances under § 32.1-12 of the Code of
					 Virginia and 12VAC5-640-170 and(ii) his power to issue orders under §
					 32.1-26 of the Code of Virginia and
					 12VAC5-640-140 and
					 12VAC5-640-150. 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.
3. The Virginia
					 Department of Health is designated as the primary agent of the commissioner for
					 the purpose of administering this chapter.
4. The district or local health departments
					 are responsible for implementing and enforcing the requirements 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 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part I - General Provisions › Article 1 - General Provisions › Section 12VAC5-640-90 - 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 32.1-164 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, 32.1-163 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 2 - Definitions › Section 12VAC5-640-100

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 II - Procedures › Section 12VAC5-640-110 - Compliance with the Administrative Process Act

Current through Register Vol. 40, No. 24, July 15, 2024
The provisions of the Virginia Administrative Process Act
					 (§ 2.2-4000 et seq. of the Code of Virginia) shall govern the promulgation
					 and administration of this chapter and shall govern the procedures pertaining
					 to the decisions of cases under 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 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part II - Procedures › Section 12VAC5-640-120 - 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, 32.1-163 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 II - Procedures › Section 12VAC5-640-130

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 II - Procedures › Section 12VAC5-640-140 - 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 environmental 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
					 12VAC5-640-150 shall not apply to
					 emergency orders issued pursuant to this section.
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 II - Procedures › Section 12VAC5-640-150 - Enforcement of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Whenever the commissioner or the department notifies a named party of an
				  alleged violation of this chapter, the procedures and content of such notice
				  shall be as follows:
1. Any notice of alleged
				  violation shall be made in writing and shall be delivered personally or sent by
				  certified mail to the named party.
2. The notice shall cite the regulation or
				  regulations that are applicable to the situation.
3. The notice shall state the factual basis
				  for the issuance of the notice.
4.
				  The notice shall include a request for a specific action by the recipient by a
				  specified time.
5. The notice shall
				  include information on the process for obtaining an informal fact finding
				  conference to determine whether or not a violation has occurred.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part II - Procedures › Section 12VAC5-640-160 - 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 this chapter for
					 specifically affected localities and institute a provisional regulatory plan
					 until the disaster is abated.
Statutory Authority
§§ 32.1-12, 32.1-163 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 II - Procedures › Section 12VAC5-640-170 - 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 subdivision 2 of
					 12VAC5-640-80.) The commissioner
					 or the deputy commissioners shall follow the appropriate procedures set forth
					 in this section in granting a variance.
1. 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 environmental resources.
2. Any owner who seeks a variance shall apply
				  in writing within the time period specified in
				  12VAC5-640-210 C. The application
				  shall be signed by the owner. The application shall include:
a. A citation to the regulation from which a
				  variance is requested;
b. The
				  nature and duration of the variance requested;
c. Any relevant analytical results including
				  results of relevant tests conducted pursuant to the requirements of this
				  chapter;
d. Statements or evidence
				  why the public health and welfare and environmental resources would not be
				  degraded if the variance were granted;
e. 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 environmental resources;
f. Other information, if any, believed
				  pertinent by the applicant; and
g.
				  Such other information as the department or commissioner may require.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part II - Procedures › Section 12VAC5-640-180 - Informal conferences and formal hearings

Current through Register Vol. 40, No. 24, July 15, 2024
A. An informal conference or consultation
				  proceeding is a meeting held in conformance with § 2.2-4019 of the Code of
				  Virginia. The department shall ascertain the fact basis for its decisions of
				  cases through informal conference or consultation proceedings unless the named
				  party and the department consent to waive such a conference or proceeding to go
				  directly to a formal hearing.
B.
				  The adjudicatory hearing is a formal, public adjudicatory proceeding held in
				  conformance with § 2.2-4020 of the Code of Virginia. The commissioner may
				  afford opportunity for an adjudicatory hearing in any case to the extent that
				  informal procedures under § 2.2-4019 and subsection A of this section have
				  not been have failed to dispose of a case by consent.
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 II - Procedures › Section 12VAC5-640-190

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 II - Procedures › Section 12VAC5-640-200

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 II - Procedures › Section 12VAC5-640-210 - Appeals

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any appeal from
				  a denial of a construction or operation permit for a discharging system must be
				  made in writing and received by the department within 30 days of the date of
				  the denial.
B. Any appeal from the
				  denial of an application for a variance pursuant to subdivision 4 a of
				  12VAC5-640-170 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 discharging
				  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 A 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 (§ 2.2-4000 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 32.1-164
						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 II - Procedures › Section 12VAC5-640-250 - 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 or the department after receipt and review of a complete
					 application submitted under
					 12VAC5-640-240, a satisfactory
					 site and construction plan review, and verification of issuance of a General
					 Permit from the Department of Environmental Quality. The construction permit
					 shall note whether the permitted system has general approval or is not in
					 accordance with 12VAC5-640-432.
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 II - Procedures › Section 12VAC5-640-260 - Exception for failing onsite sewage disposal systems

Current through Register Vol. 40, No. 24, July 15, 2024
When a failing onsite sewage disposal system is identified
					 and the site location criteria in
					 12VAC5-640-400,
					 12VAC5-640-410,
					 12VAC5-640-420, and
					 12VAC5-640-470 H, and the
					 dimensions of the easement specified in subdivision 2 of
					 12VAC5-640-450 cannot be met, the
					 department may issue a written waiver that specifies the criteria that are
					 being waived and the rationale for the waiver. In order to obtain this waiver,
					 the owner must provide a written request for the waiver that includes
					 justification and specifies any mitigating measures used to offset the reduced
					 site conditions. The following conditions must apply in order for the waiver to
					 be considered:
1. The issuance of a
				  discharging system permit will reduce an existing health hazard or will improve
				  or negate environmental impacts associated with the existing discharge. This
				  determination shall be made by the department.
2. There will be no increase in the waste
				  load generated by any additions to the dwelling except when necessary to
				  provide for minimum facilities necessary for good sanitation. The minimum
				  facilities for a single family dwelling are: a water closet, a bathroom sink, a
				  bathtub or shower or both, and a kitchen sink. More than one bathroom may be
				  added to a dwelling provided the potential occupancy of the structure is not
				  increased.
3. Where a failing
				  onsite sewage disposal system already has more than the minimum facilities
				  described in subdivision 2 of this section, the discharging system may be
				  designed and permitted to accommodate the entire existing sewage flow. In no
				  event shall the system designed and permitted exceed the existing sewage flow
				  unless all conditions and criteria of this chapter are met.
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 II - Procedures › Section 12VAC5-640-262 - Statements required upon completion of construction

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon completion of the construction,
				  alteration, or rehabilitation of a discharging system, the owner or agent shall
				  submit to the department a completion statement signed by the contractor
				  responsible for the construction and a completion statement signed by the
				  licensed professional engineer responsible for the design, upon forms approved
				  by the department, that the system was installed and constructed in accordance
				  with the construction permit and complies with all applicable state and local
				  regulations, ordinances, and laws. These completion statements shall be based
				  upon inspections of the treatment works during and after construction or
				  modification that are adequate to ensure the truth of the statements. Should
				  the treatment works be modified from the approved construction plan, the
				  licensed professional engineer shall submit as built drawings documenting the
				  changes. The licensed professional engineer's completion statement shall
				  certify that the treatment works as modified will comply with all applicable
				  state and local regulations, ordinances, and laws.
B. No discharging system shall be placed in
				  operation, except for the purposes of testing the mechanical soundness of the
				  system, until an operation permit is issued by the department in accordance
				  with 12VAC5-640-266.
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 II - Procedures › Section 12VAC5-640-264 - Operation and maintenance manual

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to issuance of the operation permit,
				  the owner shall submit an operation and maintenance (O&M) manual for the
				  discharging system. The general purpose of the manual is to present both
				  technical guidance and regulatory requirements to facilitate operation and
				  maintenance of the discharging system for both normal conditions and generally
				  anticipated adverse conditions. The manual shall be designed as a reference
				  document, being as brief as possible while presenting the information in a
				  readily accessible manner. The manual shall be tailored to the specific system.
				  The manual must state the minimum required frequencies for routine maintenance,
				  operation, sampling, and monitoring frequencies in this chapter, but additional
				  maintenance visits, sampling, and monitoring may be added as needed, depending
				  on the design of the system. The manual should reflect the minimum operation
				  and maintenance activities required to properly maintain the system and ensure
				  compliance with the General Permit requirements.
B. The manual shall include the following
				  minimum items:
1. Basic information relevant
				  to the discharging system design including treatment unit capacities, pump
				  operating conditions, a list of the components comprising the discharging
				  system, a dimensioned site drawing, sampling locations, and contact information
				  for replacement parts and chemicals for each unit process;
2. Safety considerations;
3. A list of all control functions and how to
				  use them;
4. All operation,
				  maintenance, sampling, and inspection schedules for the discharging system
				  including any requirements that exceed the minimum requirements of this
				  chapter;
5. The General Permit
				  effluent sampling and reporting schedule;
6. The sampling location for each of the
				  required General Permit parameters and for informal (process control) testing
				  parameters;
7. The expected ranges
				  of any recommended informal (process control) tests;
8. The limits of the discharging system and
				  how to operate the system within those design limits; and
9. Other information deemed necessary or
				  appropriate by the designer.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part II - Procedures › Section 12VAC5-640-266 - Issuance of the operation permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to issuance of the operation permit,
				  the department may inspect the discharging system to determine if the
				  installation is in substantial compliance with the construction permit and the
				  requirements of this chapter. Minor deviations from the permit or proposed
				  plans and specifications, excluding the manufacturer's design and installation
				  specification, that do not affect the quality of the sewage treatment process
				  or endanger public health or the environment may be approved by the
				  department.
B. Before receipt of an
				  operation permit, the owner shall:
1. Submit
				  the completion statements and as built drawings as required under
				  12VAC5-640-262; and
2. Submit the
				  operation and maintenance manual as required under 12VAC5-640-264.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part II - Procedures › Section 12VAC5-640-270 - Denial of a construction or operation permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the commissioner or department
				  determines that the proposed site does not comply with this chapter or that the
				  design of the system would preclude the safe and proper operation of a
				  discharging system, the installation and operation of the system would create
				  an actual or potential health hazard, or the proposed design would adversely
				  impact the environment, the permit shall be denied and the owner shall be
				  notified in writing, by certified mail, of the basis for the denial, and a copy
				  shall be sent to the Department of Environmental Quality.
B. In addition to the grounds set forth in
				  subsection A of this section, the operation permit shall be denied if the
				  discharging system is not constructed in accordance with the construction
				  permit or the owner has failed to provide the completion statements required by
				  12VAC5-640-262 or the operation and maintenance manual required by
				  12VAC5-640-264. The owner shall be notified in writing, by certified mail, of
				  the basis for the denial, and a copy of the denial shall be sent to the
				  Department of Environmental Quality.
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 II - Procedures › Section 12VAC5-640-280 - Revocation of construction permits and operation permits

Current through Register Vol. 40, No. 24, July 15, 2024
After providing the owner with the notice and the
					 opportunity to participate in an informal conference or consultation proceeding
					 in accordance with § 2.2-4019 of the Code of Virginia and
					 12VAC5-640-180, the commissioner
					 may revoke a construction permit or operation permit for any of the following
					 reasons:
1. Failure to comply with the
				  conditions of the permit including, but not limited to, the monitoring and
				  maintenance requirements in Article 4 (12VAC5-640-490 et seq.) of Part
				  III of this chapter and the payment of the inspection fee ;
2. Violation of any requirement of this
				  chapter for which no variance has been issued;
3. Facts become known which reveal that an
				  actual or potential health hazard has been or would be created or that the
				  environmental resources may be adversely affected by allowing the proposed
				  discharging system to be installed or operated; or
4. Failure to comply with the effluent
				  limitations set forth by the SWCB in the General Permit as determined by the
				  monitoring required by Article 4 of Part III.
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 II - Procedures › Section 12VAC5-640-290 - Voidance of construction or operation permits

Current through Register Vol. 40, No. 24, July 15, 2024
After providing the owner with the notice and the
					 opportunity to participate in an informal conference or consultation proceeding
					 in accordance with § 2.2-4019 of the Code of Virginia and
					 12VAC5-640-180, the commissioner
					 or the department may declare a discharging system's construction or operation
					 permit null and void when any of the following conditions occur:
1. Conditions such as house location, well
				  location, discharging system location, discharge point, discharge system
				  design, topography, drainage ways, or other site conditions are changed from
				  those shown on the application or site plan;
2. Conditions are changed from those shown on
				  the construction permit;
3. More
				  than 60 months elapse from the date the permit was issued; or
4. The revocation or expiration of the
				  General Permit or of the owner's approved registration by the SWCB.
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 II - Procedures › Section 12VAC5-640-300

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 II - Procedures › Section 12VAC5-640-310

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 II - Procedures › Section 12VAC5-640-320

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 II - Procedures › Section 12VAC5-640-330

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 II - Procedures › Section 12VAC5-640-340

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 II - Procedures › Section 12VAC5-640-350

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 II - Procedures › Section 12VAC5-640-360

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 II - Procedures › Section 12VAC5-640-370

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 II - Procedures › Section 12VAC5-640-380

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 II - Procedures › Section 12VAC5-640-390 - General

Current through Register Vol. 40, No. 24, July 15, 2024
All discharging systems shall be located so that the
					 treatment system, the point of discharge, all appurtenances, and the effluent
					 leaving the system are sited in a manner that protects public health and
					 minimizes environmental impacts.
Statutory Authority
§§ 32.1-12, 32.1-163 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 II - Procedures › Section 12VAC5-640-410 - Subdivisions

Current through Register Vol. 40, No. 24, July 15, 2024
Discharging systems may be permitted in existing
					 subdivisions in accordance with this chapter.
No discharging system shall be permitted in any
					 subdivision created after July 30, 1992, when a central sewer system is
					 available or may be permitted to serve the subdivision. If the SWCB determines
					 that no central sewage facilities are reasonably available or may be permitted,
					 and each proposed site is eligible for registration under the General Permit,
					 then the locality, in which the proposed subdivision is located, may request
					 that the department review the plan for compliance with this chapter. When
					 subdivisions are proposed utilizing individual discharging systems and dry
					 ditch discharges, the use of easements shall be prohibited for multiple systems
					 discharging to a single dry ditch or intermittent stream unless the owner(s)
					 take necessary action to prevent access by children, animals, or other
					 vectors.
Statutory Authority
§§ 32.1-12, 32.1-163 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 II - Procedures › Section 12VAC5-640-420 - Setback distances from discharge points and downstream channels for the protection of public health

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Discharges proposed within one mile (upstream or up channel) of any public
				  water intake shall not be permitted.
B. Discharges proposed within one mile
				  upstream or up channel of any area explicitly designated for public swimming
				  shall not be permitted.
C. When any
				  river, stream, or other potential discharge area appears to receive significant
				  primary contact use, such as, but not limited to, swimming, water skiing,
				  tubing, or wet-wading, so that the discharge will pose a significant threat to
				  public health, the district health director may require a higher level of
				  treatment and reliability class for the permitted discharge facility.
D. The district health director, in
				  consultation with the local governing authority and the department, may
				  prohibit discharges into specified portions of the river, stream, or other
				  potential discharge area. Prior to taking such action, the health director
				  shall take the following steps:
1. Publish a
				  notice announcing the department's intention to consider areas for restricting
				  the use of discharging systems, establishing the date, time and location or
				  locations of the public meeting or meetings, and soliciting public comment on
				  the proposed area or areas being reviewed;
2. Request the opinion of the local governing
				  body and other appropriate government agencies concerning proposed restrictions
				  to be submitted before the close of the public comment period;
3. Have a public comment period on the
				  proposal of not less than 30 days;
4. Hold at least one public meeting, 30 days
				  or more after publication of the notice specified in subdivision 1 of this
				  subsection; and
5. Evaluate the
				  public comments received and staff evaluations regarding the use of the
				  proposed area or areas for primary contact uses.
When in the best professional opinion of the health
					 director the area or areas under consideration receives, for 30 days or more
					 per year, significant primary contact uses, such that the discharge will pose a
					 significant threat to public health, the director may designate areas where
					 discharge systems are prohibited. Prohibited discharge areas may include areas
					 upstream in the main channel and tributaries, from the area under review, for
					 distances up to one mile if warranted by the evidence. Prohibited discharge
					 areas shall be clearly defined in writing and delineated on a United States
					 Geological Survey 7.5 minute topographic map. The prohibition on discharges, if
					 any are found necessary, shall be effective upon notice after completion of the
					 elements contained in this section.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part III - Location, Design, Construction, Operation and Maintenance Criteria › Article 2 - Design Requirements › Section 12VAC5-640-430 - Performance requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
					 systems operated under this chapter shall meet the effluent limitations set
					 forth by the State Water Control Board in the General Permit. All systems
					 operated under this chapter shall maintain the treatment system in accordance
					 with the approved construction permit or as modified by the final construction
					 permit in accordance with the operation permit, "as built" plans, and the
					 operation and maintenance manual.
B. No system shall be approved for use which
					 provides a bypass pipe, or otherwise allows untreated or partially treated
					 effluent to discharge in the event of a system failure.
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 III - Location, Design, Construction, Operation and Maintenance Criteria › Article 2 - Design Requirements › Section 12VAC5-640-432 - Treatment unit and additional system component classifications

Current through Register Vol. 40, No. 24, July 15, 2024
A. Biological
					 treatment units will be classified by the division according to the data
					 available to demonstrate the performance limits and reliability of those
					 treatment units. The division may classify treatment units as generally
					 approved or not generally approved. The type and frequency of testing for each
					 approval class is designed to reflect the certainty with which the system has
					 demonstrated its ability to meet the limits of the General Permit or the
					 performance requirements of this chapter.
1.
					 General approval may be issued by the division for both TL-2 and TL-3 treatment
					 units in accordance with the current policies of the division. Generally
					 approved units shall be listed on the division's website.
2. Nongenerally approved biological treatment
					 unit designs shall be properly supported with design calculations and one or
					 more of the following:
a. Documentation from
					 applicable engineering standards, texts, or other publications;
b. Relevant peer-reviewed research;
c. Technical guidance from other states (may
					 be considered on a case-by-case basis); or
d. Technical guidance from the U.S.
					 Environmental Protection Agency.
Scale drawings of the treatment unit, appropriate design
						calculations, and control system details shall be provided that demonstrate the
						ability of the unit to meet the required effluent limits and reliability
						standards at the proposed design flow.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part III - Location, Design, Construction, Operation and Maintenance Criteria › Article 2 - Design Requirements › Section 12VAC5-640-434 - Reliability

Current through Register Vol. 40, No. 24, July 15, 2024
A. Reliability is a
					 measure of the ability of a component or system to perform its designated
					 function without failure or interruption of service. Overflow criteria, such as
					 the allowable period of noncompliant discharge, are utilized solely for the
					 establishment of reliability classification for design purposes and are not to
					 be construed as authorization for, or defense of, an unpermitted discharge to
					 state waters. The reliability classification shall be based on the water
					 quality and public health and welfare consequences of a component or system
					 failure.
B. Reliability Class I is
					 required for dry ditch and intermittent stream discharges with 250 feet of
					 easement available and wetland discharges with 100 feet of easement available.
1. For biological treatment processes,
					 Reliability Class I shall be met by providing one of the following:
a. A passive, backup biological treatment
					 system (e.g., an intermittent sand, peat, or media filter or a constructed
					 wetlands);
b. A generator for the
					 treatment system with automatic transfer switch;
c. A 24-hour holding tank for raw wastewater
					 with telemetry system to immediately notify the operator of system failure;
					 or
d. Any alternative means that
					 limits the discharge of a noncompliant effluent to a maximum of 24
					 hours.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part III - Location, Design, Construction, Operation and Maintenance Criteria › Article 2 - Design Requirements › Section 12VAC5-640-450 - Design criteria for the use of intermittent streams, dry ditches, or wetlands

Current through Register Vol. 40, No. 24, July 15, 2024
All owners of systems discharging to an intermittent
						stream, dry ditch, or wetland shall ensure the following conditions are
						met:
1. Direct contact between
					 minimally diluted effluent and insects, animals, and humans must be restricted
					 for the life of the system. This will be achieved by reducing the chance of
					 ponding and run-off and limiting access to the effluent. The department shall
					 require fencing, rip-rap, or other barriers to restrict access to effluent
					 discharging to a dry ditch, intermittent stream, or wetland as deemed necessary
					 to protect public health. This determination shall be made by the department on
					 a case-by-case basis.
a. For dry ditch and
					 intermittent stream discharges, the restricted access area shall begin at the
					 point where the effluent is discharged and continue for 500 feet, until the
					 effluent discharges into an all weather stream or is no longer visible during
					 the wet season. The design shall provide justification for the length of the
					 restricted access channel if less than 500 feet.
b. For wetland discharges, the restricted
					 access shall extend for a distance of 250 feet along the flow path of the
					 discharge unless a 10:1 dilution with the wetland can be achieved. If the flow
					 path cannot be established and a 10:1 dilution cannot be obtained, then access
					 shall be restricted for 100 feet radially from the point of discharge. For
					 wetland discharges, the access barrier may be a subsurface discharge point, but
					 in no case shall the discharge point and diffuser be greater than 18 inches
					 below the natural wetland surface.