Administrative Code

Virginia Administrative Code
6/24/2024

Article 2. General Information

12VAC5-570-20. (Repealed.)

Article 2
General Information

Historical Notes

Derived from VR355-17-01 § 1.2, eff. September 1, 1987; amended, Virginia Register Volume 6, Issue 24, eff. October 1, 1990; repealed, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-570-30. Purpose.

The board has promulgated this chapter to:

1. Protect public health and water quality by ensuring that adequate sewerage facilities, pump-out facilities, sewage dump stations, and sewerage systems are provided at all marinas, other places where boats are moored, and boating access facilities.

2. Establish minimum requirements as to the adequacy of sewerage facilities and sewerage systems at all marinas, other places where boats are moored, and boating access facilities.

3. Protect public health and the environment by ensuring that all sewage generated from all regulated facilities is conveyed to an approved sewerage system or treatment works.

4. Guide the commissioner or his designee in his determination of the adequacy of the sewerage systems and sewerage facilities serving all marinas, other places where boats are moored, and boating access facilities.

5. Guide the commissioner or his designee in his evaluation of plans and other data and in the issuance of a certificate as to the adequacy of sewerage facilities and sewerage systems.

Statutory Authority

§ 32.1-246 of the Code of Virginia.

Historical Notes

Derived from VR355-17-01 § 1.3, eff. September 1, 1987; amended, Virginia Register Volume 6, Issue 24, eff. October 1, 1990; Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-570-40. Administration.

A. The commissioner is the chief executive officer of the Virginia Department of Health. The commissioner has the authority to act for the board when it is not in session. The commissioner may delegate his powers under this chapter with the exception of his power to issue variances under 12VAC5-570-90.

B. The division is designated as the primary reviewing agent of the commissioner for the purpose of administering this chapter. Upon receipt of the application from the local health department, the division examines and grants or denies the application for sewerage facilities to serve marinas, other places where boats are moored, and boating access facilities. The division issues all certificates attesting to the adequacy of the sewerage facilities and notifies the VMRC when a certificate is issued or denied.

C. The local health department shall be responsible for processing all applications submitted by owners and for inspecting sites and facilities for compliance with this chapter.

Statutory Authority

§ 32.1-246 of the Code of Virginia.

Historical Notes

Derived from VR355-17-01 § 1.4, eff. September 1, 1987; amended, Virginia Register Volume 6, Issue 24, eff. October 1, 1990; Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-570-50. Applicability.

A. Marinas, other places where boats are moored, and boating access facilities in operation prior to the effective date of this chapter shall be subject to the regulations in effect at the time the marina, other places where boats are moored, or boating access facility was permitted unless such marina, other places where boats are moored, or boating access facility is expanded after December 16, 2015.

B. This chapter shall apply to all marinas, other places where boats are moored, and boating access facilities placed into operation on or after December 16, 2015.

C. All sewerage facilities and sewerage systems shall conform to the requirements of this chapter when the marina, other places where boats are moored, or boating access facility that is served by the sewerage facilities and sewerage systems is expanded.

D. This chapter shall apply to sewerage facilities and sewerage systems (i) serving marinas, other places where boats are moored, or boating access facilities and (ii) located on property owned by the marina, other places where boats are moored, or boating access facility. Sewerage systems or treatment works installed or proposed to be installed on property owned by someone other than the marina, other places where boats are moored, or boating access facility owner are regulated by Chapter 6 (§ 32.1-163 et seq.) of Title 32.1 of the Code of Virginia or Title 62.1 of the Code of Virginia, as applicable.

Statutory Authority

§ 32.1-246 of the Code of Virginia.

Historical Notes

Derived from VR355-17-01 § 1.5, eff. September 1, 1987; amended, Virginia Register Volume 6, Issue 24, eff. October 1, 1990; Volume 32, Issue 6, eff. December 16, 2015.

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.