Administrative Code

Virginia Administrative Code
5/22/2024

Part III. Fees

12VAC5-620-70. Establishing fees.

A. The commissioner shall establish a schedule of fees to be charged by the department for services related to construction, maintenance, and repair or replacement of onsite sewage disposal systems, alternative discharge systems, and private wells and for appeals before the Review Board.

B. In establishing fees, the commissioner shall consider the actual or estimated average cost to the agency of delivering each service included in the schedule of fees.

The following fee schedule is hereby established:

SCHEDULE OF FEES

Application or Service

Fee

Certification letter, no onsite soil evaluator/professional engineer (OSE/PE) documentation (no charge for well)

$350

Certification letter with OSE/PE documentation, ≤1,000 gpd

$320

Certification letter with OSE/PE documentation, >1,000 gpd

$1,400

Construction permit for treatment works only, no OSE/PE documentation

$425

Combined well and treatment works construction permit, no OSE/PE documentation

$725

Combined well and treatment works construction permit with OSE/PE documentation, ≤1,000 gpd

$525

Construction permit for treatment works only with OSE/PE documentation, ≤1,000 gpd

$225

Construction permit for treatment works only with OSE/PE documentation, >1,000 gpd

$1,400

Combined well and treatment works construction permit with OSE/PE documentation, >1,000 gpd

$1,700

Private well construction or abandonment permit, with or without OSE/PE documentation

$300

Closed-loop geothermal well system (one fee per well system)

$300

Alternative discharge system inspection fee

$75

Minor modification to an existing system

$100

Appeal before the Review Board

$135

Statutory Authority

§§ 32.1-12, 32.1-164, and 32.1-176.4 of the Code of Virginia.

Historical Notes

Derived from VR355-34-03 § 3.1, eff. July 1, 1989; amended, Virginia Register Volume 32, Issue 10, eff. February 12, 2016.

12VAC5-620-75. Fee remittance; application completeness.

A. Each applicant shall remit any required application fee to the department at the time of making application. In any case where an application fee is required, including requests for hearings before the Review Board, the application will be deemed to be incomplete and will not be accepted or processed until the fee is paid.

B. The owner of an alternative discharge system shall pay the monitoring fee to the department for monitoring inspections conducted by the department that are mandated by 12VAC5-640. The department shall waive the monitoring fee when it conducts a monitoring inspection that is not mandated by 12VAC5-640.

Statutory Authority

§§ 32.1-12, 32.1-164, and 32.1-176.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 10, eff. February 12, 2016.

12VAC5-620-80. Waiver of fees.

A. An owner whose family income is at or below the 2013 Poverty Income Guidelines for the 48 Contiguous States and the District of Columbia established by the Department of Health and Human Services, 78 FR 5182 (January 24, 2013), or any successor guidelines, shall not be charged a fee pursuant to this chapter.

B. Any person applying for a permit to construct a pit privy shall not be charged a fee for filing the application.

C. Any person applying for a permit to repair an onsite sewage disposal system or alternative discharging system shall not be charged a fee for filing the application.

D. Any person applying for a construction permit for the replacement of a private well may be charged a fee for filing the application. Any application fee paid for a construction permit for a replacement well shall be refunded in full upon receipt by the department of a Uniform Water Well Completion Report, pursuant to 12VAC5-630-310, indicating that the well that was replaced has been permanently and properly abandoned or decommissioned.

E. Any person applying for a permit to properly and permanently abandon or decommission an existing well on property that is his principal place of residence shall not be charged a fee for filing the application.

F. Any person who applies to renew a construction permit for an onsite sewage disposal system, alternative discharge system, or private well shall not be charged a fee for filing the application, provided that:

1. The site and soil conditions upon which the permit was issued have not changed;

2. The legal ownership of the property has not changed;

3. A building permit for the facility to be served by the sewage system or well has been obtained or construction of the facility has commenced;

4. No previous renewal of the permit has been granted;

5. The expiration date of the renewed permit shall be the date 18 months following the expiration date of the original permit; and

6. Where the construction permit is for an alternative discharging system, the permit must comply with 9VAC25-110, Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons per Day, issued by the State Water Control Board.

G. Any person whose application for a certification letter or for a permit to construct an onsite sewage disposal system, alternative discharging system, or private well is denied may file one subsequent application for the same site-specific construction permit for which the application fee shall be waived, provided that:

1. The subsequent application is filed within 90 days of receiving the notice of denial for the first application;

2. The denial is not currently under appeal; and

3. The application fee for the first application has not been refunded.

Statutory Authority

§§ 32.1-12, 32.1-164, and 32.1-176.4 of the Code of Virginia.

Historical Notes

Derived from VR355-34-03 § 3.2, eff. July 1, 1989; amended, Virginia Register Volume 32, Issue 10, eff. February 12, 2016.

12VAC5-620-90. Refunds of application fee.

A. An applicant for a construction permit or certification letter whose application is denied may apply for a refund of the application fee. The application fee shall be refunded to the owner or agent, if applicable, if the department denies an application for the land upon which the owner intends to build his principal place of residence. When the application was made for both a sewage disposal system and a private well, both fees may be refunded at the owner's request. Any such request shall be considered a withdrawal of the application.

B. An applicant for a construction permit or a certification letter may request a refund of the application fee if the applicant voluntarily withdraws his application before the department issues the requested permit. The application fee will be refunded if the application is withdrawn before the department makes a site visit for the purpose of evaluating the application.

C. An applicant who has paid an application fee for a replacement well shall be refunded the application fee in full upon receipt by the department of a Uniform Water Well Completion Report, pursuant to 12VAC5-630-310, showing that the well that was replaced has been properly and permanently abandoned or decommissioned.

D. All applications for refunds must be made to the department no later than 12 months following the date upon which the applicant receives notification that his application for a construction permit or certification letter has been denied, within 12 months following the date upon which his application was withdrawn, or within 12 months following the date upon which any appeals of the denial of the application have been concluded.

E. All applications for refunds shall be made in writing in a form approved by the department.

F. Applications that have been withdrawn are not subject to appeal.

Statutory Authority

§§ 32.1-12, 32.1-164, and 32.1-176.4 of the Code of Virginia.

Historical Notes

Derived from VR355-34-03 § 3.3, eff. July 1, 1989; amended, Virginia Register Volume 32, Issue 10, eff. February 12, 2016.  

12VAC5-620-100. Determining eligibility for waiver based on family income.

A. An owner seeking a waiver of an application fee shall request the waiver on the application form. The department will require information as to income, family size, financial status and other related data. The department shall not process the application until final resolution of the eligibility determination for waiver.

B. It is the owner's responsibility to furnish the department with the correct financial data in order to be appropriately classified according to income level and to determine eligibility for a waiver of an application fee. The owner shall be required to provide written verification of any employment or nonemployment income such as check stubs, written letter from an employer, W-2 forms, or other documentation acceptable to the department in order to provide documentation for the application.

C. The proof of income must reflect current income that is expected to be available during the next 12-month period. Proof of income must include, where applicable, name of employer, amount of gross earnings, and pay period for stated earnings. If no pay stub is submitted, a written statement must include the name, address, telephone number, and title of person certifying the income.

Statutory Authority

§§ 32.1-12, 32.1-164, and 32.1-176.4 of the Code of Virginia. 

Historical Notes

Derived from VR355-34-03 § 3.3, eff. July 1, 1989; amended, Virginia Register Volume 32, Issue 10, eff. February 12, 2016.  

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