Virginia Law

A. In accordance with § 32.1-12 of the Code of Virginia and this chapter, the commissioner may grant a variance to a requirement of this chapter.

B. The commissioner may grant a variance if an investigation reveals that, in the opinion of the commissioner, a hardship imposed by a requirement within this chapter, including an economic hardship, outweighs the benefits that may be received by the public and that granting the variance does not subject the public to unreasonable health risks or environmental pollution.

C. The owner shall submit a signed, written application for a variance to the appropriate local health department. The application shall include:

1. A citation to the section to 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 specific hardship created by the requirement to which a variance is requested;

5. Statements or evidence that establishes that the public health or welfare and the environment would not be adversely affected 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;

7. Other information believed pertinent by the applicant; and

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

D. In the evaluation of a variance application, the commissioner shall consider:

1. The effect that the variance would have on the construction, location, or operation of the rainwater harvesting system;

2. The cost and other economic considerations imposed by the requirement to which the variance is sought;

3. The effect that such a variance would have on protection of the public health or welfare and the environment;

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

5. Information or materials on the application for a variance submitted per this section.

E. The commissioner shall not recognize as a hardship the cost to correct an error created by a design change initiated by the owner or designer for which approval by the department was required pursuant to 12VAC5-635-130 but was not obtained.

F. The commissioner may deny any applicant for a variance by sending a written denial notice to the applicant that states the reasons for the rejection. If the commissioner denies the variance, the owner shall be provided with an opportunity for an informal fact-finding proceeding as provided in § 2.2-4019 of the Code of Virginia.

G. If the commissioner proposes to grant a variance request submitted pursuant to this section, the commissioner shall notify the owner in writing of the decision within 60 calendar days of receipt of the variance request. The notice shall identify the requirement to which the variance is granted, the rainwater harvesting system covered, the period of time for which the variance will be effective, and the conditions imposed pursuant to issuing the variance.

H. Unless otherwise stated in the terms or conditions of the variance, the variance shall be transferred with the permit if the owner of a rainwater harvesting system sells or otherwise transfers ownership of the rainwater harvesting system to a new owner.

I. If a permit is revoked or suspended, variances attached to it shall also be revoked or suspended.