Part II. Procedural Requirements
12VAC5-635-70. End use tiers for rainwater harvesting systems.
The end use tier categorization of harvested rainwater is based on water quality, intended end uses, and associated potential for human contact through ingestion, inhalation, and skin contact. The examples of common-use applications are not intended to represent all possible applications. Where end use applications are not listed, or are subject to interpretation, the application shall be categorized based on the highest numbered applicable end use tier description. The end use tiers are as follows:
1. Tier 1. Low exposure end use: Nonpotable water use where humans will rarely come into contact with the treated rainwater due to the nature of the installation that limits direct or indirect contact under normal operation. Examples include trap primers, restricted access spray irrigation, surface and subsurface irrigation, and ice rinks. In this context, restricted access spray irrigation means spray irrigation in fenced or remote locations where human visitation is controlled or prevented.
2. Tier 2. Medium exposure end use: Nonpotable water use where human contact with treated rainwater is indirect or limited. Examples include toilet and urinal flushing, clothes washing, heating, ventilation, and air conditioning systems, evaporative cooling, and rooftop thermal cooling.
3. Tier 3. High exposure end use: Nonpotable water use where human contact with treated rainwater is direct. Examples include hose bibs, pressure washing, firefighting or protection and fire suppression, decorative fountains, vehicle washing, and nonrestricted spray irrigation.
4. Tier 4. Potable water end use: Intended for human consumption.
Statutory Authority
§§ 32.1-12 and 32.1-248.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 5, eff. November 20, 2024.
12VAC5-635-80. Reserved.
Statutory Authority
§§ 32.1-12 and 32.1-248.2 of the Code of Virginia.
Historical Notes
Reserved, Virginia Register Volume 41, Issue 5, eff. November 20, 2024.
12VAC5-635-90. Permits for rainwater harvesting systems; general.
A. No person may install, alter, or rehabilitate or allow the installation, alteration, or rehabilitation of a rainwater harvesting system intended for Tier 4 end use without a written construction permit from the commissioner.
B. Unless suspended or revoked pursuant to 12VAC5-635-190, a construction permit for a Tier 4 rainwater harvesting system shall be valid for a period of 36 months from the date of issuance.
C. An owner may install and operate a rainwater harvesting system intended for Tier 1, 2, or 3 end use without a permit. The owner of a Tier 1, 2, or 3 end use rainwater harvesting system shall file a registration form with the department within 30 calendar days of the following:
1. Installing a rainwater harvesting system; or
2. The permanent discontinuation of use of a rainwater harvesting system such that harvested rainwater is not used for any purpose.
Statutory Authority
§§ 32.1-12 and 32.1-248.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 5, eff. November 20, 2024.
12VAC5-635-100. Application procedures for a construction permit for a rainwater harvesting system for Tier 4 end use.
A. The owner of a proposed rainwater harvesting system shall sign and submit a written permit application to the local health department for the locality where the proposed rainwater harvesting system would be located that contains the following information:
1. The owner's name, address, and telephone number;
2. The applicant's name, address, and telephone number (if different from the owner's);
3. A statement signed by the owner or agent granting the department access to the site to conduct a sanitary survey if underground water storage is proposed and to inspect the rainwater harvesting system after it is installed; and
4. Plans for the proposed rainwater harvesting system, including specifications, design criteria, manufacturer's literature, a proposed schematic, a general layout of any underground water storage, additional written plans for multiple service connection systems, the operation and maintenance manual required pursuant to 12VAC5-635-350, and other supporting information or data the department may request.
C. If underground storage of harvested rainwater is proposed, a general layout shall be provided that includes topography, elevations, contour lines, and existing or proposed streets and identifies the following conditions located within 100 feet horizontally of the proposed water storage units: potential sources of contamination, bodies of water, ditches, buildings, springs, aboveground cisterns, and wells.
D. If the proposed rainwater harvesting system will provide Tier 4 end use water to multiple service connections, the applicant shall include a plan as follows:
1. The plan shall have a cover sheet with suitable title showing the name of the owner, date the plan was prepared, and the name of the licensed individual by or under whom the plans were prepared. The cover sheet and each subsequent page shall bear the same general title and each shall be numbered. Appropriate subtitles shall be included on individual sheets.
2. The plan shall be prepared to a scale that will permit necessary information to be shown clearly and legibly.
3. The plan shall consist of plan views, elevations, sections, and supplementary views that together with the specifications and general layouts provide the working information for the contract and construction of the proposed rainwater harvesting system, including dimensions and relative elevations of structures, the location and outline form of equipment, the location and size of piping, water levels, ground elevations, and erosion control abatement facilities.
4. The plan shall include the technical specifications for the construction of the rainwater harvesting system and all appurtenances. The specifications shall include all construction information not shown on the drawings, which is necessary to inform the installer in detail of the design requirements as to the quality of material workmanship and fabrication of the project; the type, size, strength, operating characteristics, and rating of equipment and materials used in the construction and operation of the rainwater harvesting system; allowable infiltration, machinery, valves, piping, and jointing of pipe, electrical apparatus, wiring, and meters; operating tools and construction materials; miscellaneous appurtenances; chemicals when used; and instructions for testing materials and equipment as necessary to meet design standards and operating test for the complete works and component units.
E. An application shall be deemed complete upon receipt by the local health department of a signed and dated application ].
Statutory Authority
§§ 32.1-12 and 32.1-248.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 5, eff. November 20, 2024.
12VAC5-635-110. Issuance of a construction permit.
The commissioner shall issue a construction permit to the owner no later than 60 calendar days after receipt of a complete application if:
1. The proposed rainwater harvesting system is compliant with this chapter and other applicable laws, ordinances, and regulations; and
2. The owner has obtained the easements pursuant to this chapter and provided the documentation of the easement with the application.
Statutory Authority
§§ 32.1-12 and 32.1-248.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 5, eff. November 20, 2024.
12VAC5-635-120. Denial of a construction permit.
If the commissioner determines that the proposed rainwater harvesting system does not comply with this chapter or that the installation and operation of the system would create an actual or potential health hazard or nuisance, the commissioner shall deny the construction permit application and notify the owner in writing no later than 60 calendar days after receipt of the complete application with the basis for the denial. The notification shall also state that the owner has the right to appeal the denial in accordance with 12VAC5-635-190.
Statutory Authority
§§ 32.1-12 and 32.1-248.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 5, eff. November 20, 2024.
12VAC5-635-130. Revision of approved plans.
A. The rainwater harvesting system designer with the consent of the owner may make certain design changes to a proposed rainwater harvesting system for which a valid construction permit has been issued without prior approval from the department if:
1. The design change does not change the design flow, the proposed filtration means and standard, the proposed disinfection means and standard, or the log reduction targets;
2. The changed design for the rainwater harvesting system complies with applicable statutes, codes, and regulations;
3. The designer provides the department with complete documentation, including a list of changes and revised specifications, calculations, and drawings as part of a revised design package; and
4. The designer and owner ensure that design changes are communicated to the installer of the rainwater harvesting system.
B. The commissioner may suspend or revoke a construction permit if a design change made to the proposed rainwater harvesting system does not comply with this chapter. If the commissioner revokes the construction permit, the owner must submit a new application before continuing with the installation of the rainwater harvesting system.
C. The commissioner shall review changes made to the rainwater harvesting system before issuing an operation permit pursuant to 12VAC5-635-170.
Statutory Authority
§§ 32.1-12 and 32.1-248.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 5, eff. November 20, 2024.
12VAC5-635-140. Installation inspection and correction.
A. Upon completion of the installation, alteration, or rehabilitation of a Tier 4 rainwater harvesting system ]:
1. The owner or agent shall submit to the local health department a statement signed by the installer certifying that the rainwater harvesting system was installed, altered, or rehabilitated in accordance with the construction permit and that the rainwater harvesting system complies with applicable state and local regulations, ordinances, and laws;
2. The designer shall thoroughly inspect the system installation to determine whether the installation was completed in accordance with the approved evaluation and design, including any revisions made pursuant to 12VAC5-635-130; and
3. The designer shall submit to the local health department a signed inspection report stating that the installation was completed in accordance with the approved evaluation and design revised only in accordance with the provisions of 12VAC5-635-130.
B. If the designer observes deficiencies during the inspection, the designer shall note the deficiencies in the inspection report and include a plan of correction that includes the specific corrective actions that will be taken to bring the rainwater harvesting system into compliance with this chapter, the date on which the corrective actions will be completed, and the date the designer will perform a follow-up inspection of the corrected rainwater harvesting system.
C. After the follow-up inspection, the designer shall submit a signed inspection report to the local health department affirming whether the corrective actions have been taken and whether the rainwater harvesting system is installed in compliance with the approved evaluation and design.
Statutory Authority
§§ 32.1-12 and 32.1-248.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 5, eff. November 20, 2024.
12VAC5-635-150. Requirement for an easement.
A. If a rainwater harvesting system or a portion of the rainwater harvesting system is proposed to be installed on property other than the owner's, the owner must obtain an easement in perpetuity of sufficient area to permit access to install, maintain, and operate the rainwater harvesting system components from the appropriate property owner and record the easement with the clerk of the circuit court before issuance of a construction permit.
B. The owner shall submit legal documentation of recordation of the easement or a signed statement that the easement will be recorded within 45 calendar days to the appropriate local health department with the application for a construction permit.
C. If the owner does not obtain, properly record, and submit documentation of the easement, the owner may not install or operate the rainwater harvesting system on the property for which the easement was denied.
Statutory Authority
§§ 32.1-12 and 32.1-248.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 5, eff. November 20, 2024.
12VAC5-635-160. Land records.
A. Before the commissioner may issue an operation permit for a Tier 4 rainwater harvesting system , the owner must:
1. Record an instrument describing applicable annual water quality testing and maintenance requirements for each component of the rainwater harvesting system in the land records of the circuit court having jurisdiction over the site of the rainwater harvesting system; and
2. Submit to the local health department legal documentation indicating that the instrument has been duly recorded in the land records.
B. The instrument recorded pursuant to this section shall be transferred with the title to the property upon the sale or other transfer of the property in which the rainwater harvesting system is located.
Statutory Authority
§§ 32.1-12 and 32.1-248.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 5, eff. November 20, 2024.
12VAC5-635-170. Issuance of operation permit.
A. No Tier 4 rainwater harvesting system may be operated, except for the purposes of testing the system, until the commissioner has issued an operation permit to the owner.
B. If the owner has complied with the requirements of 12VAC5-635-140, 12VAC5-635-160, and this section, the commissioner shall issue to the owner a Tier 4 end use permit to operate the rainwater harvesting system ].
C. The issuance of an operation permit does not denote or imply a warranty or guarantee by the department that the rainwater harvesting system will function for any specified period of time. The owner shall maintain, repair, or replace a rainwater harvesting system that ceases to operate as defined in the operation permit and operation and maintenance manual.
Statutory Authority
§§ 32.1-12 and 32.1-248.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 5, eff. November 20, 2024.
12VAC5-635-180. Variances.
A. In accordance with § 32.1-12 of the Code of Virginia and this chapter, the commissioner may grant a variance to a requirement of this chapter.
B. The commissioner may grant a variance if an investigation reveals that, in the opinion of the commissioner, a hardship imposed by a requirement within this chapter, including an economic hardship, outweighs the benefits that may be received by the public and that granting the variance does not subject the public to unreasonable health risks or environmental pollution.
C. The owner shall submit a signed, written application for a variance to the appropriate local health department. The application shall include:
1. A citation to the section to 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 specific hardship created by the requirement to which a variance is requested;
5. Statements or evidence that establishes that the public health or welfare and the environment would not be adversely affected 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;
7. Other information believed pertinent by the applicant; and
8. Other information the local health department or commissioner may require.
D. In the evaluation of a variance application, the commissioner shall consider:
1. The effect that the variance would have on the construction, location, or operation of the rainwater harvesting system;
2. The cost and other economic considerations imposed by the requirement to which the variance is sought;
3. The effect that such a variance would have on protection of the public health or welfare and the environment;
4. Relevant analytical results, including results of relevant tests conducted pursuant to the requirements of this chapter; and
5. Information or materials on the application for a variance submitted per this section.
E. The commissioner shall not recognize as a hardship the cost to correct an error created by a design change initiated by the owner or designer for which approval by the department was required pursuant to 12VAC5-635-130 but was not obtained.
F. The commissioner may deny any applicant for a variance by sending a written denial notice to the applicant that states the reasons for the rejection. If the commissioner denies the variance, the owner shall be provided with an opportunity for an informal fact-finding proceeding as provided in § 2.2-4019 of the Code of Virginia.
G. If the commissioner proposes to grant a variance request submitted pursuant to this section, the commissioner shall notify the owner in writing of the decision within 60 calendar days of receipt of the variance request. The notice shall identify the requirement to which the variance is granted, the rainwater harvesting system covered, the period of time for which the variance will be effective, and the conditions imposed pursuant to issuing the variance.
H. Unless otherwise stated in the terms or conditions of the variance, the variance shall be transferred with the permit if the owner of a rainwater harvesting system sells or otherwise transfers ownership of the rainwater harvesting system to a new owner.
I. If a permit is revoked or suspended, variances attached to it shall also be revoked or suspended.
Statutory Authority
§§ 32.1-12 and 32.1-248.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 5, eff. November 20, 2024.
12VAC5-635-190. Enforcements, notices, informal conferences, appeals.
A. Rainwater harvesting systems shall be installed, operated, and maintained in compliance with the requirements as set forth in this chapter. The commissioner may enforce this chapter through the means lawfully available pursuant to Title 32.1 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 other appropriate enforcement means.
B. The commissioner may deny a permit application or suspend or revoke a permit issued pursuant to this chapter if:
1. The permit holder fails to comply with this chapter, applicable law, or a condition imposed on the permit; or
2. The commissioner is made aware that:
a. The facts upon which the approval of a construction permit was based were knowingly and willfully misrepresented; or
b. The installation or operation of the proposed rainwater harvesting system could create a substantial or imminent public health or environmental hazard.
C. The commissioner shall notify the owner of a notice of suspension in writing via certified mail or via hand delivery. Immediately upon receipt of a notice of suspension, the owner shall cease operation of the rainwater harvesting system.
D. The owner of a permitted rainwater harvesting system shall ensure the continuity of water supply to persons who use the rainwater harvesting system's treated water for human consumption. If the owner demonstrates to the satisfaction of the commissioner that ceasing the operation of a permitted rainwater harvesting system would endanger the health of the persons who use the rainwater harvesting system's finished water, the commissioner may issue a variance to the requirement to cease operation pursuant to 12VAC5-635-180.
E. Within 10 working days of receipt of a notice of denial of an application or suspension of a permit, the owner may request an informal conference in accordance with § 2.2-4019 of the Code of Virginia. The owner must file the request for an informal conference in writing with the local health department within the locality that the rainwater harvesting system is located. If a request for an informal conference is not filed within 10 working days, the denial or suspension is sustained.
F. Within 10 working days of receipt of a notice of denial, suspension, or intent to revoke, the owner shall submit to the appropriate local health department a plan of correction that includes:
1. The specific corrective actions that will be taken to address the reasons for denial, suspension, or revocation and bring the rainwater harvesting system into compliance with this chapter and other applicable requirements;
2. The date on which the corrective actions are expected to be completed; and
3. If the rainwater harvesting system is in operation, an application for a construction permit for alteration, repair, or rehabilitation of the rainwater harvesting system pursuant to 12VAC5-635-100.
G. Within 10 working days of the receipt of the plan of correction, the department shall:
1. Notify the owner in writing if any item is determined to be unacceptable; and
2. Act on an application for a construction permit to perform repairs pursuant to this section.
H. If the owner does not submit a plan of correction or request an informal conference within 10 working days, the department shall notify the owner in writing that the application for a permit is denied or that the permit is deemed suspended or revoked.
I. The department shall arrange for an informal conference to be held within seven working days of receipt of a request for an informal conference pursuant to this section.
J. The commissioner may end a suspension and reinstate a permit at any time if the conditions under which the permit was suspended have changed or no longer exist.
K. The owner must reapply for a permit in order to continue installing or operating a rainwater harvesting system for which the permit has been revoked.
Statutory Authority
§§ 32.1-12 and 32.1-248.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 5, eff. November 20, 2024.