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Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
Chapter 610. Sewage Handling and Disposal Regulations
11/5/2024

12VAC5-610-280. Issuance of the construction permit.

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.

Statutory Authority

§§ 32.1-12 and 32.1-164 of the Code of Virginia.

Historical Notes

Derived from VR355-34-02 § 2.16, eff. February 5, 1986; amended, eff. May 11, 1988; Virginia Register Volume 16, Issue 16, eff. July 1, 2000.

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