12VAC5-630-20. Authority for regulations.
Title 32.1 of the Code of Virginia, and specifically §§ 32.1-12 and 32.1-176.2 of the Code of Virginia, provide that the board has the duty to protect the public health and to ensure that groundwater resources are not adversely affected by the construction and location of private wells. In order to discharge this duty, the board is empowered, pursuant to §§ 32.1-12 and 32.1-176.4 of the Code of Virginia, to regulate the construction and location of private wells within the Commonwealth.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 1.3, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-30. Purpose and applicability of regulations.
A. Purpose. This chapter has been promulgated by the board to:
1. Ensure that all private wells are located, constructed, and maintained in a manner that does not adversely affect groundwater resources or the public welfare, safety, and health;
2. Guide the commissioner in determining whether a permit for construction of a private well should be issued or denied;
3. Guide the owner or the owner's agent in the requirements necessary to secure a permit for construction of a private well;
4. Guide the owner or the owner's agent in the requirements necessary to secure an inspection statement following construction; and
5. Guide the owner or the owner's agent in the requirements necessary to abandon a private well (temporarily or permanently) when the well is not in use.
B. Applicability. This chapter applies to owners of a private well. The following wells are excluded from the requirements of this chapter:
1. Wells constructed as a groundwater source for a waterworks as regulated by 12VAC5-590.
2. Wells constructed for the purpose of building, roadway, or other geotechnical foundation investigation, design, or construction, provided that the well, including an unimproved well bore, is abandoned in such a manner as to prevent it from being a channel of vertical movement of surface water or a source of contamination into the ground.
3. Wells constructed for the purpose of an elevator shaft.
4. Wells constructed for the purpose of constructing an extensometer or similar scientific instrument.
5. Wells constructed for the purpose of grounding of electrical apparatus.
6. Wells constructed for the purpose of the modification or development of springs.
7. Wells constructed for the purpose of underground injection as regulated by 40 CFR Part 144.
8. Wells constructed for the purpose of the observation or monitoring of groundwater elevation or quality, except as governed by 12VAC5-630-420 B and C.
9. Well bores, including direct push well bores and hand tool made well bores, advanced for the purpose of collecting soil or groundwater samples for analysis with or without temporary installation of casing or screen, provided that the well bore is abandoned after the sample is collected in such a manner as to prevent it from being a channel of vertical movement of surface water or a source of contamination into groundwater.
10. Wells constructed for the purpose of construction dewatering, provided that the well is abandoned within 60 days of construction by the removal of the well point, well casing, screening, and other appurtenances associated with the construction and operation of the well and completion of abandonment in such a manner as to prevent it from being a channel of vertical movement of surface water or a source of contamination into groundwater.
11. Wells constructed to provide cathodic protection, provided that the well is abandoned after use in such a manner as to prevent it from being a channel of vertical movement of surface water or a source of contamination into groundwater.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 1.3, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-40. (Repealed.)
Historical Notes
Derived from VR355-34-100 § 1.4, eff. April 1, 1992; repealed, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-50. Relationship to the State Water Control Board.
This chapter is independent of all regulations promulgated by the State Water Control Board. Groundwater users located in a groundwater management area may be required to obtain a permit from the State Water Control Board in addition to obtaining a permit from the Department of Health. In addition to the reporting requirements contained in this chapter, § 62.1-258 of the Code of Virginia requires that private wells constructed in a groundwater management area be registered by the water well systems provider with the State Water Control Board within 30 days of the completion of construction. Private wells constructed in groundwater management areas are subject to 9VAC25-610.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 1.5, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-60. Relationship to the Department of Environmental Quality.
This chapter establishes minimum standards for the protection of public health and groundwater resources. Observation wells, monitoring wells, and remediation wells constructed under the supervision of DEQ are governed by 12VAC5-630-420.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 1.6, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-70. Relationship to the Uniform Statewide Building Code.
This chapter is independent of and in addition to the requirements of the Uniform Statewide Building Code (13VAC5-63). Persons required to obtain a well permit by this chapter shall furnish a copy of the permit to the local building official, upon request, when making application for a building permit. Prior to obtaining an occupancy permit, an applicant shall furnish the local building official with a copy of the inspection statement demonstrating the water supply has been inspected, sampled and tested (when applicable), and approved by the district or local health department.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 1.7, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-80. Relationship to the Department of Professional and Occupational Regulation.
Persons engaged in the construction, repair, or alteration of a private well shall be licensed and certified in accordance with §§ 54.1-1103 and 54.1-1129.1 of the Code of Virginia.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 1.8, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-90. Administration of regulations.
This chapter is administered by the following:
1. The board has the responsibility to promulgate, amend, and repeal regulations necessary to ensure the proper location, construction, repair, and abandonment of private wells.
2. The commissioner is the chief executive officer of the department. The commissioner has the authority to act within the scope of regulations promulgated by the board and for the board when it is not in session. The commissioner may delegate powers under this chapter in writing to a subordinate; however, the power to (i) issue variances under § 32.1-12 of the Code of Virginia and 12VAC5-630-170, and (ii) issue orders under § 32.1-26 of the Code of Virginia and 12VAC5-630-140 and 12VAC5-630-150 B may not be delegated.
The commissioner has final authority to adjudicate contested case decisions of subordinates delegated powers under this section prior to appeal of such case decisions to the circuit court.
3. The department is designated as the primary agent of the commissioner for the purpose of administering this chapter.
4. The district or local health departments are responsible for implementing and enforcing the regulatory activities required by this chapter.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 1.9, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-100. Right of entry and inspections.
In accordance with the provisions of § 32.1-25 of the Code of Virginia, the commissioner or the commissioner's designee shall have the right to enter any property to ensure compliance with this chapter. In accordance with the provisions of § 32.1-176.6 of the Code of Virginia, the department has the authority to conduct such inspections as it may find reasonably necessary to ensure that the construction work conforms to applicable construction standards.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 1.10, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.