Virginia Law

A. The commissioner may grant a variance to this chapter. The commissioner shall follow the appropriate procedures set forth in this section in granting a variance.

B. Requirements for a variance. The commissioner may grant a variance if a thorough investigation reveals that the hardship imposed by this chapter (may be economic) outweighs the benefits that may be received by the public, and that the granting of such a variance shall not subject the public to unreasonable health risks or jeopardize groundwater resources.

The commissioner shall not grant a variance for an improperly located Class IV well that was located pursuant to an express Class IV permit, as described under 12VAC5-630-260 and 12VAC5-630-270, if the improper location of the well is a result of the failure by the owner, the owner's agent, or the water well systems provider to provide complete or accurate information on the site plan submitted with the application or to install the well in accordance with the permit.

C. Application for a variance. Any owner who seeks a variance shall apply in writing within the time period specified in 12VAC5-630-210. The application shall be signed by the owner, addressed, and sent to the commissioner. The application shall include:

1. A citation to the section from which a variance is requested;

2. The nature and duration of the variance requested;

3. Any relevant analytical results, including results of relevant tests conducted pursuant to the requirements of this chapter;

4. The hardship imposed by the specific requirement of this chapter;

5. Statements or evidence why the public health and welfare as well as the groundwater resources would not be degraded if the variance were granted;

6. 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 groundwater resources;

7. Other information, if any, believed pertinent by the applicant; and

8. Other information that the district or local health department or commissioner may require.

D. Evaluation of a variance application.

1. The commissioner shall act on a variance request submitted pursuant to subsection C of this section within 60 calendar days of receipt of the request.

2. In the evaluation of a variance application, the commissioner shall consider the following factors:

a. The effect that the variance would have on the construction, location, or operation of the private well;

b. The cost and other economic considerations imposed by this requirement;

c. The effect that the variance would have on protection of the public health;

d. The effect that the variance would have on protection of groundwater resources;

e. Relevant analytical results, including results of tests conducted pursuant to the requirements of this chapter;

f. The hardship imposed by enforcing the specific requirements of this chapter;

g. Suggested conditions that might be imposed on the granting of a variance that would limit detrimental impact on the public health and welfare;

h. Other information, if any, believed pertinent by the applicant; and

i. Other factors as the commissioner may deem appropriate.

E. Disposition of a variance request.

1. The commissioner may deny an application for a variance by sending a denial notice to the applicant by certified mail. The notice shall be in writing and shall state the reasons for the denial.

2. If the commissioner proposes to grant a variance request submitted pursuant to subsection C of this section, the applicant shall be notified in writing of this decision. The notice shall identify the variance, any conditions to the variance, and private well covered and shall specify the period of time for which the variance will be effective. The effective date of a variance shall be as stated in the variance.

3. No owner may challenge the terms or conditions set forth in the variance after 30 calendar days have elapsed from the effective date of the variance.

F. Posting of variances. Variances granted to private wells are transferable from owner to owner unless otherwise stated, but not transferable to another private well. The variance shall be attached to the permit to which it is granted. The variance is revoked when the permit to which it is attached is revoked.

G. Hearings on disposition of variances. Subject to the time limitations specified in 12VAC5-630-210, hearings on denials of an application for a variance or on challenges to the terms and conditions of a granted variance may be held pursuant to subdivision 1 or 2 of 12VAC5-630-180, except that informal hearings under subdivision 1 of 12VAC5-630-180 shall be held by the commissioner or the commissioner's designee.