Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
Chapter 613. Regulations for Alternative Onsite Sewage Systems
6/25/2022

12VAC5-613-50. Violations and enforcement.

A. Subject to the limitations of 12VAC5-613-30.B, failure by any owner of an AOSS to achieve one or more performance requirements prescribed by this chapter or specified for the AOSS shall be a violation of this chapter.

B. Failure by any owner to comply with the conditions of an operation permit shall be a violation of this chapter.

C. Failure by any owner to accomplish any mandated visit, operation, maintenance, repair, monitoring, sampling, reporting, or inspection requirement prescribed by this chapter shall be a violation of this chapter.

D. Failure by any owner to follow the approved operation and maintenance manual (O&M manual) shall be deemed a violation of this chapter when such failure results in the failure to achieve one or more performance requirements prescribed by this chapter.

E. Failure by any operator to perform any mandated activity in accordance with 12VAC5-613-110, 12VAC5-613-120, 12VAC5-613-180, or 12VAC5-613-190 shall be a violation of this chapter.

F. Nothing in this chapter shall be construed to limit the authority of the board, the commissioner, or the department to enforce this chapter or to enforce the requirements of 12VAC5-610.

G. In accordance with the Sewage Handling and Disposal Regulations and § 32.1-25 of the Code of Virginia, the commissioner may take such samples and conduct such monitoring, including ground water samples and monitoring, that he deems necessary to enforce this chapter.

H. The board, commissioner, and department may use any lawful means to enforce this chapter including voiding a construction or operation permit, imposition of civil penalties, or criminal prosecution pursuant to § 32.1-27 of the Code of Virginia.

I. Except when there is additional evidence that an AOSS has failed to achieve one or more of the performance requirements of this chapter or when a licensed operator has filed a report indicating that an AOSS cannot be returned to normal function via routine maintenance, the department shall not rely solely on the results of an individual grab sample to establish the factual basis for a violation of this chapter.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 28, Issue 5, eff. December 7, 2011.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.