Administrative Code

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

12VAC5-610-300. Voidance, revalidation, and revocation of construction permits with and without conditions.

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.

Statutory Authority

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

Historical Notes

Derived from VR355-34-02 § 2.18, eff. February 5, 1986; amended, eff. May 11, 1988; Virginia Register Volume 16, Issue 16, eff. July 1, 2000.

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