12VAC5-630-110. Compliance with the Administrative Process Act.
The provisions of the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) shall govern the promulgation and administration of this chapter, including governing the procedures for rendering case decisions as defined in § 2.2-4001 of the Code of Virginia, and shall be applicable to the appeal of a case decision based upon this chapter.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.1, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-120. Powers and procedures of regulations not exclusive.
The commissioner may enforce this chapter through means lawfully available.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.2, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-130. [Reserved]. (Reserved)
12VAC5-630-140. Emergency order.
If an emergency exists, the commissioner may issue an emergency order as is necessary for preservation of public health, safety, and welfare or to protect groundwater resources. The emergency order shall state the reasons and precise factual basis upon which the emergency order is issued. The emergency order shall state the time period for which it is effective. Emergency orders will be publicized in a manner deemed appropriate by the commissioner. The provisions of 12VAC5-630-150 C and D shall not apply to emergency orders issued pursuant to this section.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.4, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-150. Enforcement of regulations.
A. Notice. Subject to the exceptions in this section, whenever the commissioner or the district or local health department has reason to believe a violation of any of this chapter has occurred or is occurring, the alleged violator shall be notified. The notice shall be made in writing, shall be delivered personally or sent by certified mail, shall cite the regulation allegedly being violated, shall state the facts that form the basis for believing the violation has occurred or is occurring, shall include a request for a specific action by the recipient by a specified time, and shall state the penalties associated with such violation. The commissioner may deem it necessary to initiate criminal prosecution or seek civil relief through mandamus, injunction, or other appropriate remedy prior to giving notice.
B. Orders. Pursuant to the authority granted in § 32.1-26 of the Code of Virginia, the commissioner may issue orders to require an owner, or other person, to comply with the provisions of this chapter. The order shall be signed by the commissioner and may require:
1. The immediate cessation and correction of the violation;
2. Appropriate remedial action to ensure that the violation does not recur;
3. The submission to the commissioner for review and approval of a plan to prevent future violations to the commissioner for review and approval;
4. The submission of an application for a variance; or
5. Other corrective action deemed necessary for proper compliance with the chapter.
C. Hearing before the issuance of an order. Before the issuance of an order described in this section, a hearing must be held, with at least 30 days of notice by certified mail to the affected owner or other person of the time, place, and purpose thereof for the purpose of adjudicating the alleged violation of this chapter. The procedures at the hearing shall be in accordance with 12VAC5-630-180 A or B and the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
D. Order; when effective. Orders issued pursuant to this section shall become effective not less than 15 days after mailing a copy thereof by certified mail to the last known address of the owner or person violating this chapter.
E. Compliance with effective orders. The commissioner may enforce orders. Should any owner or other person fail to comply with any order, the commissioner may:
1. Apply to an appropriate court for an injunction or other legal process to prevent or stop any practice in violation of the order;
2. Commence administrative proceedings to suspend or revoke the construction permit;
3. Request the Attorney General to bring an action for civil penalty, injunction, or other appropriate remedy; or
4. Request the Commonwealth's Attorney to bring a criminal action.
F. Not exclusive means of enforcement. Nothing contained in 12VAC5-630-140 or this section shall be interpreted to require the commissioner to issue an order prior to commencing administrative proceedings or seeking enforcement of regulations or statute through an injunction, mandamus, other appropriate remedy, or criminal prosecution.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.5, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-160. Suspension of regulations during disasters.
If in the case of a man-made or natural disaster, the commissioner finds that certain regulations cannot be complied with and that the public health is better served by not fully complying with this chapter, the commissioner may authorize the suspension of the application of the chapter for specifically affected localities and institute a provisional regulatory plan until the disaster is abated.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.6, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-170. Variances.
A. The commissioner may grant a variance to this chapter. The commissioner shall follow the appropriate procedures set forth in this section in granting a variance.
B. Requirements for a variance. The commissioner may grant a variance if a thorough investigation reveals that the hardship imposed by this chapter (may be economic) outweighs the benefits that may be received by the public, and that the granting of such a variance shall not subject the public to unreasonable health risks or jeopardize groundwater resources.
The commissioner shall not grant a variance for an improperly located Class IV well that was located pursuant to an express Class IV permit, as described under 12VAC5-630-260 and 12VAC5-630-270, if the improper location of the well is a result of the failure by the owner, the owner's agent, or the water well systems provider to provide complete or accurate information on the site plan submitted with the application or to install the well in accordance with the permit.
C. Application for a variance. Any owner who seeks a variance shall apply in writing within the time period specified in 12VAC5-630-210. The application shall be signed by the owner, addressed, and sent to the commissioner. The application shall include:
1. A citation to the section from which a variance is requested;
2. The nature and duration of the variance requested;
3. Any relevant analytical results, including results of relevant tests conducted pursuant to the requirements of this chapter;
4. The hardship imposed by the specific requirement of this chapter;
5. Statements or evidence why the public health and welfare as well as the groundwater resources would not be degraded if the variance were granted;
6. Suggested conditions that might be imposed on the granting of a variance that would limit the detrimental impact on the public health and welfare or groundwater resources;
7. Other information, if any, believed pertinent by the applicant; and
8. Other information that the district or local health department or commissioner may require.
D. Evaluation of a variance application.
1. The commissioner shall act on a variance request submitted pursuant to subsection C of this section within 60 calendar days of receipt of the request.
2. In the evaluation of a variance application, the commissioner shall consider the following factors:
a. The effect that the variance would have on the construction, location, or operation of the private well;
b. The cost and other economic considerations imposed by this requirement;
c. The effect that the variance would have on protection of the public health;
d. The effect that the variance would have on protection of groundwater resources;
e. Relevant analytical results, including results of tests conducted pursuant to the requirements of this chapter;
f. The hardship imposed by enforcing the specific requirements of this chapter;
g. Suggested conditions that might be imposed on the granting of a variance that would limit detrimental impact on the public health and welfare;
h. Other information, if any, believed pertinent by the applicant; and
i. Other factors as the commissioner may deem appropriate.
E. Disposition of a variance request.
1. The commissioner may deny an application for a variance by sending a denial notice to the applicant by certified mail. The notice shall be in writing and shall state the reasons for the denial.
2. If the commissioner proposes to grant a variance request submitted pursuant to subsection C of this section, the applicant shall be notified in writing of this decision. The notice shall identify the variance, any conditions to the variance, and private well covered and shall specify the period of time for which the variance will be effective. The effective date of a variance shall be as stated in the variance.
3. No owner may challenge the terms or conditions set forth in the variance after 30 calendar days have elapsed from the effective date of the variance.
F. Posting of variances. Variances granted to private wells are transferable from owner to owner unless otherwise stated, but not transferable to another private well. The variance shall be attached to the permit to which it is granted. The variance is revoked when the permit to which it is attached is revoked.
G. Hearings on disposition of variances. Subject to the time limitations specified in 12VAC5-630-210, hearings on denials of an application for a variance or on challenges to the terms and conditions of a granted variance may be held pursuant to subdivision 1 or 2 of 12VAC5-630-180, except that informal hearings under subdivision 1 of 12VAC5-630-180 shall be held by the commissioner or the commissioner's designee.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.7, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-180. Hearing types.
Hearings before the commissioner or the commissioner's designees shall include any of the following forms depending on the nature of the controversy and the interests of the parties involved.
1. Informal hearings. An informal hearing is a meeting with a district or local health department with the district or local health director presiding and held in conformance with § 2.2-4019 of the Code of Virginia. The district or local health department director shall consider all evidence presented at the meeting that is relevant to the issue in controversy. Presentation of evidence, however, is entirely voluntary. The district or local health department shall have no subpoena power. No verbatim record need be taken at the informal hearing. The local or district health director shall review the facts presented and based on those facts render a decision. A written copy of the decision and the basis for the decision shall be sent to the appellant within 15 work days of the hearing, unless the parties mutually agree to a later date in order to allow the department to evaluate additional evidence. If the decision is adverse to the interests of the appellant, an aggrieved appellant may request an adjudicatory hearing pursuant to subdivision 2 of this section.
2. Adjudicatory hearing. The adjudicatory hearing is a formal, public adjudicatory proceeding conducted pursuant to § 2.2-4020 of the Code of Virginia.
The commissioner shall designate a hearing officer to conduct the hearing as provided in § 2.2-4024 of the Code of Virginia and to make written recommended findings of fact and conclusions of law to be submitted for review and final decision by the commissioner. The final decision of the commissioner shall be reduced to writing and will contain the explicit findings of fact upon which the decision is based. Certified copies of the decision shall be delivered to the owner affected by it. Notice of a decision will be served upon the parties and become a part of the record. Service may be by personal service or certified mail return receipt requested.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.8, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-190. Request for hearing.
A request for an informal hearing shall be made by sending the request in writing to the district or local health department. A request for an adjudicatory hearing shall be made in writing and directed to the commissioner. Requests for hearings shall cite the reason for the hearing request and shall cite any section of this chapter involved.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.9, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-200. Hearing as a matter of right.
An owner or other person whose rights, duties, or privileges have been or may be affected by a decision of the board or its subordinates in the administration of this chapter shall have a right to both informal and adjudicatory hearings. The commissioner may require participation in an informal hearing before granting the request for a full adjudicatory hearing. No person other than an owner shall have the right to an adjudicatory hearing to challenge the issuance of either a construction permit or inspection statement unless the person can demonstrate at an informal hearing that the minimum standards contained in this chapter have not been applied and that the person will be injured in some manner by the issuance of the permit or that groundwater resources will be damaged by the issuance of the permit.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.10, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-210. Appeals.
An appeal from a denial, revocation, or voidance of a construction permit, inspection statement, or request for variance for a private well must be made in writing and received by the department within 30 days of the date of the denial, revocation, or voidance.
Pursuant to the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) an aggrieved party may appeal a final decision of the commissioner to an appropriate circuit court.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.11, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-220. Permits and inspection statement; general.
A. All private wells shall be constructed and located in compliance with the requirements as set forth in this chapter.
B. After November 6, 2024, no person shall construct, alter, abandon, or increase the depth of a private well or allow the construction, alteration, abandonment, or activity to increase the depth of a private well without a written construction permit from the commissioner. Conditions may be imposed on the issuance of a permit and no private well shall be constructed or modified in violation of those conditions. The replacement of a well pump, the replacement of a well seal or cap with an equivalent well seal or cap, or the vertical extension of the well casing above the ground surface shall not be considered a well alteration.
C. Except as provided in 12VAC5-630-320, no person shall place a private well in operation or cause or allow a private well to be placed in operation without obtaining a written inspection statement pursuant to 12VAC5-630-310 and 12VAC5-630-330.
D. Except as provided in 12VAC5-630-270, 12VAC5-630-290, and 12VAC5-630-300, construction permits for a private well shall be deemed valid for a period of 18 months from the date of issuance, with provision for one 18-month renewal.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.12, eff. April 1, 1992.
12VAC5-630-230. Procedures for obtaining a construction permit for a private well.
A. Construction permits are issued by the authority of the commissioner. Requests for a private well construction permit shall be by written application, signed by the owner or the owner's agent, and shall be directed to the district or local health department. Applications shall be made on an application form provided by the district or local health department and approved by the commissioner.
B. An application shall be deemed completed upon receipt by the district or local health department of a signed and dated application, together with the appropriate fee, containing the following information:
1. The property owner's name, address, and telephone number;
2. The applicant's name, address, and telephone number (if different from subdivision 1 of this subsection);
3. A statement signed by the property owner, or the owner's agent, granting the department access to the site for the purposes of evaluating the suitability of the site for a well and allowing the department access to inspect the well after it is installed;
4. A statement indicating whether the adjacent property is used for an agricultural operation;
5. Information required per 12VAC5-630-380 E if necessary.
6. A site plan showing the proposed well site, property boundaries, accurate locations of actual or proposed sewage disposal systems, recorded easements, and other sources of contamination within 100 feet of the proposed well site, and at the option of the applicant a proposed well design; and
7. When deemed necessary because of geological or other natural conditions, plans and specifications detailing how the well will be constructed.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.13, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-240. Issuance of the construction permit.
A. A construction permit shall be issued to the owner by the commissioner no later than 60 days after receipt of a complete application submitted under 12VAC5-630-230 that meets requirements for issuance of the permit. If applicable, the applicant shall comply with 12VAC5-630-340 prior to issuance of the permit.
B. The permit shall indicate a well site or a well area.
1. A well site shall be designated as a specific location that can be identified on the property by means of measurement from identified fixed points on the property.
2. A well area may be designated as a polygon or as a defined radius around a proposed well site. The well area shall be described in sufficient detail that it can be identified on the property by means of measurement from identified fixed points on the property.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.14, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-250. Emergency procedures.
Applications for replacement wells that meet the definition of an emergency well replacement (12VAC5-630-10) shall have priority over normal applications for private well permits. Emergency procedures are as follows:
1. Drinking water wells. When a private drinking water well has failed and must be replaced, a licensed onsite soil evaluator, professional engineer, or licensed water well systems provider shall conduct a sanitary survey of the property and surrounding area to determine the most suitable location. If a site is found that meets the minimum site requirements of this chapter, including the minimum separation distances contained in Table 1 of 12VAC5-630-380 and 12VAC5-630-380 H, the local health department will issue a permit for that site. If a site cannot be located that meets the minimum separation distances listed in Table 1 of 12VAC5-630-380 and 12VAC5-630-380 H, the local health department shall identify a site that complies with the minimum separation distances to the greatest extent possible. However, the replacement well shall not be located closer to a source of contamination than the existing well it is replacing. Replacement drinking water wells must meet the sampling requirements of 12VAC5-630-431 E and F.
2. Heat pump wells or commercially dependent wells. If a heat pump well or commercially dependent well must be replaced, the applicant shall propose a replacement site based on the technical requirements of the heat pump system or commercial establishment. A licensed onsite soil evaluator, professional engineer, or water well systems provider shall conduct a sanitary survey of the property and surrounding area to determine the most suitable location. If the site meets the minimum requirements of this chapter, the local health department will issue a permit for that site. If a site cannot be located that meets the minimum separation distances listed in Table 1 of 12VAC5-630-380, the local health department shall identify a site that complies with the minimum separation distances to the greatest extent possible. However, the replacement well shall not be located closer to a source of contamination than the existing well it is replacing. If the replacement heat pump well or commercially dependent well must be placed closer to a sewage disposal system (but no closer than the existing well it is replacing) the well shall be sampled for fecal coliforms. If fecal coliforms are present in the sample and further investigation reveals that the groundwater is contaminated, the well shall be abandoned.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.15, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-260. Express Class IV construction permits.
A. When a Class IV well is proposed for property that does not have an onsite sewage disposal system, either active or inactive, an application may be made for an express Class IV construction permit. An application for an express Class IV construction permit shall be made on a form provided by the district or local health department and approved by the commissioner.
B. An application shall be deemed completed upon receipt by the district or local health department of a signed and dated application, together with the appropriate fee, containing the following information:
1. The property owner's name, address, telephone number, and personal signature. The owner's signature will acknowledge that the permit will be issued without the benefit of a site visit by the local health department prior to the issuance of the construction permit; that the permit is being issued based upon the information provided on the accompanying site plan; that the property owner also acknowledges that if the well is found not to comply with the minimum separation distances or other provision of this chapter, the well must be abandoned at the direction of the local or district health director; and that a variance will not be considered if the improper location of the well is a result of the failure by the owner, the owner's agent, or the water well systems provider to provide complete or accurate information on the site plan submitted with the application or to install the well in accordance with the permit;
2. Address and directions to the property;
3. The proposed use of the well;
4. The name, address, telephone number, license number, and signature of the water well systems provider who is to construct the well;
5. A statement signed by the property owner (and not the owner's agent) granting the department access to the site for the purposes of inspecting the property and the well during and after its installation until the well is approved by the department or a required abandonment is completed; and
6. A site plan showing the proposed well site, property boundaries, recorded easements, and accurate locations of actual or proposed sources of contamination (including those listed in Table 1 of 12VAC5-630-380) within 100 feet of the proposed well site, and at the option of the applicant a proposed well design. If the proposed well site is located on or at the base of sloping topography, the minimum separation distances shown on the site plan for sources of contamination within a 60 degree arc slope of the proposed well site must be increased 25 feet for every 5.0% slope.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.16, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-270. Issuance of express Class IV construction permits and final inspection.
A. Issuance of express Class IV construction permit. Upon receipt of a complete and approvable application, as defined in 12VAC5-630-260, by a local or district health department with multiple environmental health specialists, the department shall exercise due diligence to issue a permit either on the date of receipt or the following business day. If the local or district office has only one assigned environmental health specialist, the local or district department will exercise due diligence to issue the permit as soon as possible. Failure by the department to issue the permit within the specified time does not authorize the construction of the well without a permit. If applicable, the applicant shall comply with 12VAC5-630-340 prior to the issuance of the permit.
B. Validity of express Class IV construction permits. Express Class IV construction permits shall only be valid for a period of 30 days from the date of issuance.
C. Inspection. If, upon inspection of the well, it is found that the well location does not comply with the minimum separation distances or other provisions of this chapter, no inspection statement shall be issued and the well shall be immediately abandoned by the property owner in accordance with 12VAC5-630-450 upon notification and direction by the local or district health director. The commissioner shall not grant a variance if the improper location of the well is a result of the failure by the owner, the owner's agent, or the water well systems provider to provide complete or accurate information on the site plan submitted with the application or to install the well in accordance with the permit.
The construction of the well shall also comply with this chapter.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.17, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-271. Express geothermal well permits.
A. The issuance of an express geothermal permit is contingent upon proper registration and payment of application fees and applies to the construction of wells used solely for a closed-loop geothermal heating system.
B. A single application and a single fee are required for any geothermal well system. The fee is the same as for a single private well. A registration statement for closed loop construction permitting shall be made on a form provided and approved by the division. The registration shall include the following information:
1. The property owner's name, address, and telephone number;
2. The address of and directions to the property;
3. The proposed use of the well;
4. The name, address, telephone number, and contractor license number of the water well systems provider;
5. A statement signed by the property owner granting the department access to the site for the purpose of inspecting the property and the well during and after the well installation until the well is approved by the department or required corrections are made;
6. A site plan, drawn to scale, showing the proposed well site, property boundaries, recorded easements, and accurate locations of actual or proposed sources of contamination (including those listed in Table 1 of 12VAC5-630-380) within 100 feet of the proposed well site; and
7. A statement signed by the licensed water well systems provider that the location and construction of the well will comply with the requirements of this chapter.
C. A single application fee is required for any geothermal well system, regardless of the number of wells included in the system. The fee is the same as for a single private well.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 28, Issue 22, eff. August 16, 2012; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-272. Issuance of express geothermal well construction permit, inspection, and final approval.
A. Issuance of the express geothermal well permit. Upon receipt of a complete registration statement and the appropriate fee, the department will acknowledge receipt of the registration statement and issue the permit with a copy given to the contractor. The construction of the geothermal heating system may begin immediately upon submission of a complete registration statement and counter-signature denoting receipt by the department.
B. Inspection. The department, at its sole discretion, may inspect the closed-loop geothermal well from after acceptance of the registration statement until after the installation is approved. If, upon inspection of the well, it is found that the well location does not comply with the minimum separation distances or other provisions of this chapter, no inspection statement shall be issued until the deficiencies have been corrected.
C. Final approval. Upon receipt of the Uniform Water Well Completion Report and completion of inspections deemed necessary to ensure compliance with this chapter, unless the department has evidence to indicate that the well is not in compliance with the requirements of this chapter, the local health department will provide the owner with a statement that the wells are approved for use.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 28, Issue 22, eff. August 16, 2012; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-280. Denial of a construction permit.
If it is determined that (i) the proposed design is inadequate; (ii) site, geological, hydrological, or other conditions exist that do not comply with this chapter or would preclude the safe and proper operation of a private well system; (iii) the installation of the well would create an actual or potential health hazard or nuisance; or (iv) the proposed design would adversely impact the groundwater resource, the permit shall be denied and the owner shall be notified in writing, by certified mail, of the basis for the denial. The notification shall also state that the owner has the right to appeal the denial.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.18, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-290. Revocation of construction permits or inspection statements.
In accordance with 12VAC5-630-331, the commissioner may revoke a construction permit or inspection statement for any of the following reasons:
1. Failure to comply with the conditions of the permit;
2. Violation of this chapter for which no variance has been issued;
3. Facts become known which reveal that a potential health hazard would be created or that the groundwater resources may be adversely affected by allowing the proposed well to be installed or completed.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.19, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-300. Voidance of construction permits.
A. In accordance with 12VAC5-630-331, the commissioner has authority to declare well construction permits or inspection statements null and void when (i) conditions such as house location, sewage system location, sewerage system location, topography, drainage ways, or other site conditions are changed from those shown on the application or (ii) conditions are changed from those shown on the construction permit.
B. Construction permits are null and void when more than 18 months elapse from the date the permit was issued or renewed. Reapplication for the purposes of having an expired permit reissued shall be the responsibility of the owner, and reapplication shall be handled as an initial application and comply with 12VAC5-630-230.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.20, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-310. Statement required upon completion of construction.
Within 30 days of completion of the construction, alteration, abandonment, or deepening of a private well, the owner, the owner's agent, or water well systems provider shall furnish the district or local health department a completed uniform water well completion report . The uniform water well completion report shall be signed by the water well systems provider and state that the well was installed, constructed, or abandoned in accordance with the permit, and that the well complies with applicable state and local regulations, ordinances, and laws.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.21, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-320. Inspection and correction.
No well shall be placed in operation, except for the purposes of testing the mechanical soundness of the system, until inspected by the district or local health department, corrections are made if necessary, and the owner has been issued an inspection statement 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 § 2.22, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-330. Issuance of the inspection statement.
Upon satisfactory completion of the requirements of 12VAC5-630-310, 12VAC5-630-320, 12VAC5-630-340, 12VAC5-630-370, and 12VAC5-630-430, the commissioner shall issue an inspection statement to the owner. The issuance of an inspection statement does not denote or imply a warranty or guarantee of the water quality or quantity by the department or that the private well will function for a specified time. It shall be the responsibility of the owner or subsequent owner to maintain, repair, replace, or to comply with the requirements to abandon a private well.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.23, eff. April 1, 1992; amended, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-331. Enforcement, notices, informal conferences.
A. The commissioner may, after providing a notice of intent to revoke a construction permit or inspection statement, and after providing an opportunity for an informal conference in accordance with § 2.2-4019 of the Code of Virginia, revoke or declare null and void a construction permit or inspection statement for flagrant or continuing violation of this chapter. Any person to whom a notice of revocation or null and void is directed shall immediately comply with the notice. Upon revocation, the former construction permit or inspection statement holder shall be given an opportunity for appeal of the revocation in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
B. The commissioner may summarily suspend an inspection statement to operate a private well if continued operation constitutes a substantial and imminent threat to public health. Upon receipt of such notice that an inspection statement is suspended, the well owner shall cease private well operations immediately. Whenever an inspection statement is suspended, the holder of the inspection statement shall be notified in writing by certified mail or by hand delivery. Upon service of notice that the inspection statement is immediately suspended, the former inspection statement holder shall be given an opportunity for an informal conference in accordance with § 2.2-4019 of the Code of Virginia. The request for an informal conference shall be in writing and shall be filed with the local health department by the former holder of the inspection statement. If written request for an informal conference is not filed within 10 working days after the service of notice, the suspension is sustained. Each holder of a suspended permit shall be afforded an opportunity for an informal conference within three working days of receipt of a request for the informal conference. The commissioner may end the suspension at any time if the reasons for the suspension no longer exist.
C. Any person affected by a determination issued in connection with the enforcement of this chapter may challenge such determination in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
D. All private wells shall be constructed, operated, and maintained in compliance with the requirements as set forth in this chapter. The commissioner may enforce this chapter through any means lawfully available pursuant to § 32.1-27 of the Code of Virginia, and nothing in this chapter shall be construed as preventing the commissioner from making efforts to obtain compliance through warning, conference, or any other appropriate enforcement means.
Statutory Authority
§§ 32.1-12 and 32.1-176.4 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
12VAC5-630-340. Requirement for easement.
Whenever a private well subject to this chapter is proposed to be installed on property other than the owner's, an easement in perpetuity shall be recorded with the clerk of the circuit court prior to issuance of a construction permit. The easement shall be of sufficient area to permit access, construction, placement of the water line, and maintenance of the well.
Statutory Authority
§§ 32.1-12 and 32.1-176 of the Code of Virginia.
Historical Notes
Derived from VR355-34-100 § 2.24, eff. April 1, 1992.