Administrative Code

Virginia Administrative Code
1/18/2022

Article 2. General Provisions

12VAC5-630-20. Authority for regulations.

Article 2
General Provisions

Title 32.1 of the Code of Virginia, and specifically §§ 32.1-12 and 32.1-176.4, provide that the State Board of Health has the duty to protect the public health and to ensure that ground water resources are not adversely affected by the construction and location of private wells. In order to discharge this duty, the board is empowered to supervise and regulate the construction and location of private wells within the Commonwealth.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 1.3, eff. April 1, 1992.

12VAC5-630-30. Purpose of regulations.

These regulations have been promulgated by the State Board of Health to:

1. Ensure that all private wells are located, constructed and maintained in a manner which does not adversely affect ground water resources, or the public welfare, safety and health;

2. Guide the State Health Commissioner in his determination of whether a permit for construction of a private well should be issued or denied;

3. Guide the owner or his agent in the requirements necessary to secure a permit for construction of a private well; and

4. Guide the owner or his agent in the requirements necessary to secure an inspection statement following construction.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 1.3, eff. April 1, 1992.

12VAC5-630-40. Relationship to Virginia Sewage Handling and Disposal Regulations.

This chapter supersedes 12VAC5-610-1150 of the Virginia Sewage Handling and Disposal Regulations, and 12VAC5-610-1140 B and C of the Virginia Sewage Handling and Disposal Regulations which address private wells, and were adopted by the State Board of Health pursuant to Title 32.1 of the Code of Virginia.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 1.4, eff. April 1, 1992.

12VAC5-630-50. Relationship to the State Water Control Board.

This chapter is independent of all regulations promulgated by the State Water Control Board. Ground water users located in a ground water 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.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 1.5, eff. April 1, 1992.

12VAC5-630-60. Relationship to the Department of Environmental Quality, Waste Management Division.

This chapter establishes minimum standards for the protection of public health and ground water resources. Observation wells, monitoring wells, and remediation wells constructed under the supervision of the Virginia Department of Environmental Quality, Waste Management Division, are governed by 12VAC5-630-420.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 1.6, eff. April 1, 1992.

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. All 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 (when applicable), and approved by the district or local health department.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 1.7, eff. April 1, 1992.

12VAC5-630-80. Relationship to the Department of Professional and Occupational Regulation.

In accordance with § 54.1-1100 of the Code of Virginia, any contractor constructing a water well to reach ground water shall possess, as a minimum, a valid Class B contractors license.

Statutory Authority

§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 1.8, eff. April 1, 1992.

12VAC5-630-90. Administration of regulations.

This chapter is administered by the following:

A. The State Board of Health, hereinafter referred to as the board, has the responsibility to promulgate, amend, and repeal regulations necessary to ensure the proper construction and location of private wells.

B. The State Health Commissioner, hereinafter referred to as the commissioner, is the chief executive officer of the State Department of Health. 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 his powers under this chapter in writing to any subordinate, with the exception of (i) his power to issue variances under § 32.1-12 of the Code of Virginia and 12VAC5-630-170, (ii) his power to issue orders under § 32.1-26 of the Code of Virginia and 12VAC5-630-140 and 12VAC5-630-150 B and (iii) the power to revoke permits or inspection statements under 12VAC5-630-290, which may only be delegated pursuant to § 32.1-22 of the Code of Virginia.

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.

C. The State Department of Health hereinafter referred to as department is designated as the primary agent of the commissioner for the purpose of administering this chapter.

D. 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 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 1.9, eff. April 1, 1992.

12VAC5-630-100. Right of entry and inspections.

In accordance with the provisions of §§ 32.1-25 and 32.1-12 and 32.1-176.6 of the Code of Virginia, the commissioner or his designee shall have the right to enter any property to ensure compliance with this chapter.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.

Historical Notes

Derived from VR355-34-100 § 1.10, eff. April 1, 1992.

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