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Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
Chapter 610. Sewage Handling and Disposal Regulations
11/21/2024

12VAC5-610-446. Permits for constructing and operating provisionally approved systems.

A. Construction permit application. Homeowners can apply for a construction permit to install a provisionally approved system in the same manner provided for in 12VAC5-610-250 for Type II or Type III systems depending upon the nature of the provisional approval granted by the commissioner. Appeals from the denial of a permit application for a provisionally approved system shall conform to the requirements of 12VAC5-610-210.

B. Operation permit status. Homeowners installing a provisionally approved system in accordance with the construction permit issued by the commissioner and provisional siting, design and construction criteria for that system shall be issued an operation permit. Such operation permit shall be valid until the system ceases to operate in a safe and sanitary manner, as determined by the department. The validity of any individual operation permit issued for a system having provisional approval shall not be dependent upon ultimate approval or denial of that specific type of provisionally approved system for general approval under this chapter.

C. Recordation. All permits for provisionally approved systems shall be recorded with the clerk of the circuit court in the jurisdiction where the system is permitted, in accordance with 12VAC5-610-250 J 6.

D. Repair area. A 100% repair area, meeting or exceeding the requirements of this chapter, or an approved discharge permit shall be identified prior to permitting a site for a provisional system. The repair area shall be reserved for the exclusive use of the repair system. A 100% repair area meeting the requirements of the provisional approval shall be considered adequate toward meeting this repair area provision.

E. Maintenance. Whenever deemed appropriate by the commissioner, the department shall require operation and maintenance procedures and schedules appropriate for the method proposed.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 16, Issue 16, eff. July 1, 2000.

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