Administrative Code

Virginia Administrative Code
6/18/2024

12VAC5-570-60. Permits and certificate.

Article 3
Procedure

No owner shall construct a marina, other places where boats are moored, or a boating access facility unless he has obtained a construction permit in accordance with this chapter. No owner shall operate a marina, other places where boats are moored, or a boating access facility until the local health department has inspected and approved construction and has issued a certificate to operate. Owners shall obtain a permit from the VMRC to operate a marina, other places where boats are moored, or a boating access facility when so required by § 62.1-44.15:5.01 of the Code of Virginia. Where state-owned bottom lands are involved, the owner shall submit a preliminary design and receive approval by the division prior to construction and the issuance of a certificate to operate.

Statutory Authority

§ 32.1-246 of the Code of Virginia.

Historical Notes

Derived from VR355-17-01 § 1.6, eff. September 1, 1987; amended, Virginia Register Volume 6, Issue 24, eff. October 1, 1990; Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-570-70. Application for construction permit.

A. Any owner, or his duly authorized representative, shall apply for a construction permit by submitting an application to the local health department in the jurisdiction where the proposed marina, other places where boats are moored, or boating access facility is to be located. The application shall be made on a form approved by the division. The application shall consist of the following:

1. Essential data to determine the sewerage facilities and sewerage system necessary to serve the proposed installation.

2. Maps, plans, and specifications of the sewerage facilities and sewerage system describing the type of facilities that will be provided and how the facilities will provide for the safe and sanitary disposal of all sewage generated at the facility. The preliminary design plans shall establish the location of the sewerage facilities and sewerage system in relation to other facilities they are intended to serve.

3. A description of the proposed or existing offsite sewerage system or treatment works used for the ultimate treatment and disposal of sewage. The applicant shall apply for and obtain approval of new offsite sewerage systems or treatment works and demonstrate that the existing sewerage systems or treatment works are approved and in accordance with this chapter.

4. Any other data as may be pertinent to show the adequacy of the sewerage facilities and sewerage system to be provided.

B. An application pursuant to this section shall contain sufficient detail and clarity necessary to demonstrate that the sewerage facility and sewerage system meet all the applicable requirements of this chapter.

C. The department shall issue a permit to construct the proposed marina, other place where boats are moored, or boating access facility after review of a complete application that demonstrates compliance with the requirements of this chapter and § 32.1-246 of the Code of Virginia.

Statutory Authority

§ 32.1-246 of the Code of Virginia.

Historical Notes

Derived from VR355-17-01 § 1.7, eff. September 1, 1987; amended, Virginia Register Volume 6, Issue 24, eff. October 1, 1990; Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-570-80. Certificate to operate.

A. Upon completion of construction of the sewerage facilities, sewerage systems, and treatment works at marinas, other places where boats are moored, or boating access facilities, the owner or his duly authorized representative shall notify the local health department so that it may inspect the construction. When the division, in consultation with the local health department, has determined that construction is in compliance with the approved plan, it shall issue a certificate to operate to the owner of the marina, other place where boats are moored, or boating access facility. The certificate to operate shall remain valid in accordance with this section.

B. The owner shall post the certificate to operate in a place where it is readily observable by members of the public who transact business with the facility.

C. All marinas, other places where boats are moored, and boating access facilities shall be subject to a five-year, renewable certificate to operate. The owner of the marina, other place where boats are moored, and boating access facility shall request a new certificate to operate at least 90 days prior to the expiration date of the existing certificate to operate. The division shall issue the new certificate to operate provided the sewerage facilities, sewerage system, and treatment works meet or satisfy the minimum requirements of this chapter and § 32.1-246 of the Code of Virginia.

D. If the commissioner grants a variance, or the division approves any exception to this chapter, then the certificate to operate shall contain that information. The owner of the marina, other place where boats are moored, or boating access facility shall follow any condition or requirement listed on the certificate to operate.

E. As a condition of the certificate to operate, owners of marinas, other places where boats are moored, or boating access facilities shall allow the department to perform one or more inspections per year of the sewerage facilities, sewerage systems, and treatment works to ensure compliance with this chapter and § 32.1-246 of the Code of Virginia. The division may revoke the certificate to operate pursuant to 12VAC5-570-100.

Statutory Authority

§ 32.1-246 of the Code of Virginia.

Historical Notes

Derived from VR355-17-01 § 1.8, eff. September 1, 1987; amended, Virginia Register Volume 6, Issue 24, eff. October 1, 1990; Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-570-90. Variances.

A. The commissioner may grant a variance to any requirement of this chapter if, after investigation, the commissioner determines that the hardship imposed upon the owner or the public by compliance with this chapter outweighs the benefits that the chapter confers and that granting a variance will not result in a potential or actual public health hazard.

B. A variance is a conditional waiver of a specific regulation that is granted to an owner of a marina, other places where boats are moored, or a boating access facility. Variances are not transferrable between owners, and any variance shall be attached to the certificate of the marina, other places where boats are moored, or boating access facility to which it was granted. The variance is a condition of the certificate, which is revoked if the certificate is revoked.

C. Any owner of a marina, other places where boats are moored, or a boating access facility may apply in writing for a variance. This application shall be submitted to the local health department in the jurisdiction in which the marina, other places where boats are moored, or boating access facility is located. This application shall include:

1. A citation referencing the specific requirements of this chapter from which a variance is requested and a statement describing the hardships imposed by the specific requirements of this chapter;

2. A statement of reasons why the public health and environment would not be detrimentally affected if a variance is granted and a list of suggested measures that would be implemented to prevent any potential detrimental impacts;

3. Facts supporting the need and justification for the variance;

4. The nature and duration of the variance request;

5. Other information, if any, believed by the applicant to be pertinent; and

6. Such other information as the division, local health department, or the commissioner may require.

D. If the commissioner denies any request for a variance, such denial shall be in writing and shall state the reasons for the denial.

Statutory Authority

§ 32.1-246 of the Code of Virginia.

Historical Notes

Derived from VR355-17-01 § 1.9, eff. September 1, 1987; amended, Virginia Register Volume 6, Issue 24, eff. October 1, 1990; Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-570-100. Revocation of a certificate.

Either by emergency order under the authority of § 32.1-13 of the Code of Virginia or following an opportunity for an informal fact-finding proceeding as provided by § 2.2-4019 of the Code of Virginia, the commissioner or his designee may revoke a certificate for failure to construct and operate the sewerage facilities and sewerage system in accordance with the conditions of the application and certificate issued or for any violation of this chapter.

Statutory Authority

§ 32.1-246 of the Code of Virginia.

Historical Notes

Derived from VR355-17-01 § 1.10, eff. September 1, 1987; amended, Virginia Register Volume 6, Issue 24, eff. October 1, 1990; Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-570-110. Applicability of the Administrative Process Act.

The Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) shall govern the decision of cases under this chapter.

Statutory Authority

§ 32.1-246 of the Code of Virginia.

Historical Notes

Derived from VR355-17-01 § 1.11, eff. September 1, 1987; amended, Virginia Register Volume 6, Issue 24, eff. October 1, 1990; Volume 32, Issue 6, eff. December 16, 2015.

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