Administrative Code

Virginia Administrative Code
5/27/2024

Part II.
Procedures

12VAC5-640-110. 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 and shall govern the procedures pertaining to the decisions of cases under this chapter.

Statutory Authority

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

Historical Notes

Derived from VR355-34-400 § 2.1, eff. July 30, 1992; amended, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-120. Powers and procedures of regulations not exclusive.

The commissioner may enforce this chapter through any means lawfully available.

Statutory Authority

§§ 32.1-12, 32.1-163 and 32.1-164 of the Code of Virginia.

Historical Notes

Derived from VR355-34-400 § 2.2, eff. July 30, 1992.

12VAC5-640-130. (Repealed.)

Historical Notes

Derived from VR355-34-400 § 2.3, eff. July 30, 1992; repealed, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-140. 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 environmental 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 12VAC5-640-150 shall not apply to emergency orders issued pursuant to this section.

Statutory Authority

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

Historical Notes

Derived from VR355-34-400 § 2.4, eff. July 30, 1992; amended, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-150. Enforcement of regulations.

A. Whenever the commissioner or the department notifies a named party of an alleged violation of this chapter, the procedures and content of such notice shall be as follows:

1. Any notice of alleged violation shall be made in writing and shall be delivered personally or sent by certified mail to the named party.

2. The notice shall cite the regulation or regulations that are applicable to the situation.

3. The notice shall state the factual basis for the issuance of the notice.

4. The notice shall include a request for a specific action by the recipient by a specified time.

5. The notice shall include information on the process for obtaining an informal fact finding conference to determine whether or not a violation has occurred.

The issuance of a notice of alleged violation by the commissioner or the department shall not be considered a case decision as defined in § 2.2-4001 of the Code of Virginia. When the commissioner deems it necessary, he may initiate criminal prosecution or seek civil relief through mandamus or injunction prior to giving notice.

B. The commissioner may issue orders in accordance with Title 32.1 (§ 32.1-1 et seq.) of the Code of Virginia to require any 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 of a plan to prevent future violation to the commissioner for review and approval;

4. The submission of an application for a variance; or

5. Any other corrective action deemed necessary for proper compliance with the chapter.

Statutory Authority

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

Historical Notes

Derived from VR355-34-400 § 2.5, eff. July 30, 1992; amended, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-160. 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, he may authorize the suspension of the application of this chapter for specifically affected localities and institute a provisional regulatory plan until the disaster is abated.

Statutory Authority

§§ 32.1-12, 32.1-163 and 32.1-164 of the Code of Virginia.

Historical Notes

Derived from VR355-34-400 § 2.6, eff. July 30, 1992.

12VAC5-640-170. Variances.

Only the commissioner or the deputy commissioners may grant a variance to this chapter. (See §§ 32.1-12 and 32.1-22 of the Code of Virginia and subdivision 2 of 12VAC5-640-80.) The commissioner or the deputy commissioners shall follow the appropriate procedures set forth in this section in granting a variance.

1. The commissioner may grant a variance if a thorough investigation reveals that the hardship imposed by this chapter outweighs the benefits that may be received by the public. Further, the granting of such a variance shall not subject the public to unreasonable health risks or jeopardize environmental resources.

2. Any owner who seeks a variance shall apply in writing within the time period specified in 12VAC5-640-210 C. The application shall be signed by the owner. The application shall include:

a. A citation to the regulation from which a variance is requested;

b. The nature and duration of the variance requested;

c. Any relevant analytical results including results of relevant tests conducted pursuant to the requirements of this chapter;

d. Statements or evidence why the public health and welfare and environmental resources would not be degraded if the variance were granted;

e. 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 environmental resources;

f. Other information, if any, believed pertinent by the applicant; and

g. Such other information as the department or commissioner may require.

3. In the evaluation of a variance application, the commissioner shall consider the following factors:

a. The effect that such a variance would have on the construction, location, or operation of the discharging system;

b. The cost and other economic considerations imposed by this requirement;

c. The effect that such a variance would have on protection of the public health;

d. The effect that such a variance would have on protection of environmental resources; and

e. Such other factors as the commissioner may deem appropriate.

4. The commissioner may grant or deny a variance request in accordance with the requirements of this subdivision.

a. The commissioner may deny any 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.

b. If the commissioner proposes to grant a variance request submitted pursuant to subdivision 2 of this section, the applicant shall be notified in writing of this decision. Such notice shall identify the variance and the discharging system 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.

c. 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.

5. All variances granted to any discharging sewage treatment system are transferable from owner to owner unless otherwise stated. Each variance shall be attached to the permit to which it is granted. Each variance is revoked when the permit to which it is attached is revoked.

6. Subject to the time limitations specified in 12VAC5-640-210, informal conference or consultation proceedings or 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 12VAC5-640-180 A or B, except that informal conference or consultation proceedings under 12VAC5-640-180 A shall be held before the commissioner or his designee.

Statutory Authority

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

Historical Notes

Derived from VR355-34-400 § 2.7, eff. July 30, 1992; amended, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-180. Informal conferences and formal hearings.

A. An informal conference or consultation proceeding is a meeting held in conformance with § 2.2-4019 of the Code of Virginia. The department shall ascertain the fact basis for its decisions of cases through informal conference or consultation proceedings unless the named party and the department consent to waive such a conference or proceeding to go directly to a formal hearing.

B. The adjudicatory hearing is a formal, public adjudicatory proceeding held in conformance with § 2.2-4020 of the Code of Virginia. The commissioner may afford opportunity for an adjudicatory hearing in any case to the extent that informal procedures under § 2.2-4019 and subsection A of this section have failed to dispose of a case by consent.

Statutory Authority

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

Historical Notes

Derived from VR355-34-400 § 2.8, eff. July 30, 1992; amended, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-190. (Repealed.)

Historical Notes

Derived from VR355-34-400 § 2.9, eff. July 30, 1992; repealed, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-200. (Repealed.)

Historical Notes

Derived from VR355-34-400 § 2.10, eff. July 30, 1992; repealed, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-210. Appeals.

A. Any appeal from a denial of a construction or operation permit for a discharging system must be made in writing and received by the department within 30 days of the date of the denial.

B. Any appeal from the denial of an application for a variance pursuant to subdivision 4 a of 12VAC5-640-170 must be made in writing and received within 30 days of receipt of the denial notice.

C. Any request for a variance must be made in writing and received by the department prior to the denial of the discharging system permit, or within 30 days after such denial.

D. In the event a person applies for a variance within the 30-day period provided by subsection C of this section, the date for appealing the denial of the permit, pursuant to subsection A of this section, shall commence from the date on which the department acts on the request for a variance.

E. Pursuant to the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) an aggrieved owner may appeal a final decision of the commissioner to an appropriate circuit court.

Statutory Authority

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

Historical Notes

Derived from VR355-34-400 § 2.11, eff. July 30, 1992; amended, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-220. Permits; general.

A. No person shall construct, alter, rehabilitate, modify, or extend a discharging system or allow the construction, alteration, rehabilitation, or extension of a discharging system, without a written construction permit from the commissioner or the department. Conditions may be imposed on the issuance of any construction permit and no discharging system shall be constructed in violation of those conditions.

B. Except as provided in 12VAC5-640-30, 12VAC5-640-280, and 12VAC5-640-290, construction permits for a discharging system shall be deemed valid for a period of 60 months from the date of issuance or until the expiration of the General Permit, whichever comes first. The permit to construct may be renewed one time for an additional 18 months if the building permit has been obtained or building construction commenced, the General Permit is reissued, and the effluent requirements of the General Permit are unchanged.

C. Except as provided in 12VAC5-640-30 A 2 and 12VAC5-640-266, no person shall place a discharging system in operation, or cause or allow a discharging system to be placed in operation, without obtaining a written operation permit. Conditions may be imposed on the issuance of any operation permit, and no discharging system shall be operated in violation of those conditions.

D. Except as provided for in 12VAC5-640-280 and 12VAC5-640-290, operation permits shall be valid for a period of time not longer than the General Permit. The operation permit shall remain valid when continued reporting of operation, maintenance, and monitoring occurs in accordance with 12VAC5-640-490, 12VAC5-640-500, and 12VAC5-640-510, provided the facility is otherwise in compliance with this chapter.

E. Construction and operation permits for discharging systems shall not be transferable except as provided in this subsection:

1. A construction permit for a specific discharging system will be issued to a new owner if the new owner (i) applies for the permit transfer on a form approved by the department, (ii) pays the applicable fee, (iii) provides the department with change of ownership documentation in accordance with the General Permit, and (iv) provides written certification that there are no new site conditions that will adversely impact the existing approved construction permit and documents or the original construction application.

2. An operation permit for a specific discharging system will be issued to a new owner if the new owner (i) applies for the permit transfer on a form approved by the department, (ii) pays the applicable fee, and (iii) provides the department with change of ownership documentation in accordance with the General Permit.

3. The expiration date of the transferred operation or construction permit shall not change.

Statutory Authority

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

Historical Notes

Derived from VR355-34-400 § 2.12, eff. July 30, 1992; amended, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-230. Application process for obtaining a Department of Environmental Quality General Permit using the Combined Application.

A. The process for obtaining a General Permit consists of (i) filing a Combined Application with fee to determine the suitability of a discharge point, (ii) obtaining confirmation of a suitable discharge point from the department, and (iii) obtaining coverage under the Department of Environmental Quality's General Permit. Once a General Permit registration has been received, the owner shall file an application for a construction permit as described in 12VAC5-640-240 and shall apply for an operation permit in accordance with 12VAC5-640-266 before a discharge is authorized.

B. All requests for review of a suitable discharge point for discharging systems shall be by written application on the Combined Application, signed by the owner or his agent, and shall be directed to the department.

C. An application shall be deemed complete upon receipt by the department of a signed and dated application and the appropriate fee, containing the following information:

1. The property owner's name, address, and telephone number;

2. The applicant's name, address, and phone number (if different from subdivision 1 of this subsection);

3. A statement signed by the property owner, or his agent, granting the department access to the site for the purposes of evaluating the suitability of the site for a discharging system and allowing the department access to inspect the construction, maintenance and operation of the discharging system after it is installed. The applicant must secure and produce written permission for the department to enter on any property necessary to evaluate the application;

4. A site sketch on a survey plat showing the locations of and setback distances from the proposed discharge point and discharging system components to the following:

a. Location of existing or proposed houses and other structures;

b. Property boundaries;

c. Location of proposed discharge point;

d. Existing and proposed wells, springs, cisterns, or other sources of potable water within 200 feet upslope or 1,600 feet downslope of the proposed discharge point;

e. Actual or proposed discharging systems within 600 feet of the proposed discharge point;

f. Recorded and proposed easements;

g. Existing and proposed overhead and buried utilities such as water lines, electrical lines, phone lines, gas lines, etc.;

h. Sink holes located within 1,600 feet downslope of the proposed discharge point;

i. Other topographical features such as wetlands, lakes, ponds, rivers, streams, drainage ways, and swales, within 200 feet upslope and 600 feet downslope of the proposed discharge point;

j. Slope and side slope of any proposed dry ditch channels;

k. Public water supply intakes; and

l. Swimming or recreational water use areas within one mile upstream or five miles downstream of the proposed discharge point shown on a United States Geological Survey 7.5 minute topographic map or surveyed plat.

The site sketch should be to scale and accompanied by a United States Geological Survey 7.5 minute topographic map to provide information relevant to offsite setbacks;

5. Copies of all easements required by subdivision 2 of 12VAC5-640-450; however, at the discretion of the department, the submission of easements may be postponed until submission of the construction plan if the property owner submits the name, address, and property location of each person that must grant an easement to the owner;

6. If the discharge is to a wetlands, the application must contain a wetland delineation map of the geographic area for wetlands, stream, and open water on site and any other correspondence, approval, or certifications from the U.S. Army Corps of Engineers or the Department of Environmental Quality that wetlands were properly identified and delineated;

7. A letter of denial from the department or a certified site and soil evaluation report from a qualified person showing that the requirements of 12VAC5-640-30 D have been satisfied; and

8. Other information that the department deems necessary to comply with the intent of this chapter.

D. Upon receipt of a completed Combined Application the department will conduct a site review to determine if the site meets the minimum criteria contained in Part III (12VAC5-640-390 et seq.) of this chapter. The owner may opt to have a licensed professional engineer conduct the site review and submit appropriate documentation with the application for review by the department. The department may opt to conduct a site review to verify an application submitted by a licensed professional engineer. Upon conducting the site evaluation or upon reviewing the site evaluation conducted by a licensed professional engineer, the department will advise the owner in writing of the results of the evaluation.

1. When a satisfactory site is found for a discharging system, the written notice to the applicant shall include the type of discharge point found (i.e., wetland, all weather stream, intermittent stream, or dry ditch). The completed Combined Application and a copy of the documentation pursuant to 12VAC5-640-30 D shall be forwarded to the Department of Environmental Quality to complete the application process for a General Permit.

2. When no satisfactory discharge point site is found the department shall deny the application in accordance with 12VAC5-640-270. The department shall send a copy of the denial to the Department of Environmental Quality.

Statutory Authority

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

Historical Notes

Derived from VR355-34-400 § 2.13, eff. July 30, 1992; amended, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-240. Application for a construction permit.

A. After a satisfactory site for a discharging system has been found and a General Permit has been obtained from the Department of Environmental Quality, the applicant shall submit an application, the appropriate fee, construction plans, specifications, design criteria and calculations, and documentation that coverage under the General Permit has been obtained. The documentation shall include the cover letter and copy of the General Permit issued by the Department of Environmental Quality. If the discharge is to a wetland, the construction submittal must include documentation that a Virginia Water Protection Permit from the Department of Environmental Quality or a permit under the U.S. Army Corps of Engineers has been obtained as needed. The purpose of the construction submittal is to demonstrate how the effluent limitations established by the SWCB and the construction, location, and performance requirements of this chapter can be met.

B. All plans for alternative discharging systems shall bear a suitable title showing the name of the owner and shall show the scale in feet, a graphical scale, the north point, date, revision dates (when applicable), and the name of the licensed professional engineer by or under whom prepared. The cover sheet and each plan sheet shall bear the same general title identifying the overall sewage disposal project and each shall be numbered. Appropriate subtitles shall be included on the individual sheets.

The plans shall be clear and legible. Plans shall be drawn to a scale that permits all necessary information to be plainly shown. The size of the plans shall be no larger than 30 inches by 48 inches. Data used should be indicated. The precise location of the proposed system shall be shown on the plans. Detailed plans 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 work, including dimensions and relative elevations of structures, the location and outline form of equipment and components to be installed, the location and size of piping, water levels, ground elevations, and erosion control abatement facilities.

C. Complete technical specifications for the construction of the alternative discharging system and all appurtenances shall accompany the plans. The specifications accompanying construction drawings shall include, but not be limited to, all construction information not shown on the drawings, necessary to provide the installer with all detail of the design requirements as to the quality of material workmanship and fabrication of the project; type, size, strength, operating characteristics, and rating of equipment; allowable infiltration, machinery, valves, piping, and jointing of pipe; electrical apparatus, wiring, and meters; operating tools and construction materials; special filter materials such as stone, sand, gravel, or slag; miscellaneous appurtenances; chemicals when used; instructions for testing materials and equipment deemed necessary to meet design standards; and operational testing for the complete works and component units.

D. At a minimum, the construction submittal must show the following:

1. Information gathered in the site review evaluation;

2. For each system component, the plan shall note the type of component and, where applicable, the manufacturer, model number, approval, status in accordance with 12VAC5-640-432, hydraulic capacity, and treatment capacity;

3. The specific location of the property including the county tax map number (where available), a copy of the United States Geological Survey 7.5 minute topographic map showing the discharge point and downstream for one mile, and directions to the property;

4. The elevation of the house sewer line where it exits the house and the elevation of the inlet and outlet ports or tees on all treatment units. Where discharges are to dry ditches or intermittent streams the site plan shall show the elevation of the discharge point, the point 500' downgrade from the discharge point and points every 50 feet between the discharge point and 500' downstream. This requirement may be met by drawing a flow diagram showing all elements listed in this section;

5. The distance between all elevation points required by 12VAC5-640-240 D 4 so that the grade and setback distances can be established;

6. If a pump is proposed, specifications must be provided that include the manufacturer, model number, and a pump curve with a system curve overlain on the pump curve;

7. The location of the 100-year flood plain. All portions of a discharging system, except for the discharge pipe and step type post aeration, if required, shall be located above the 100-year flood plain;

8. Compliance with 12VAC5-640-430 through 12VAC5-640-470; and

9. Other information as deemed appropriate by the department to verify the design.

Statutory Authority

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

Historical Notes

Derived from VR355-34-400 § 2.14, eff. July 30, 1992; amended, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-250. Issuance of the construction permit.

A construction permit shall be issued to the owner by the commissioner or the department after receipt and review of a complete application submitted under 12VAC5-640-240, a satisfactory site and construction plan review, and verification of issuance of a General Permit from the Department of Environmental Quality. The construction permit shall note whether the permitted system has general approval or is not in accordance with 12VAC5-640-432.

Statutory Authority

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

Historical Notes

Derived from VR355-34-400 § 2.15, eff. July 30, 1992; amended, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-260. Exception for failing onsite sewage disposal systems.

When a failing onsite sewage disposal system is identified and the site location criteria in 12VAC5-640-400, 12VAC5-640-410, 12VAC5-640-420, and 12VAC5-640-470 H, and the dimensions of the easement specified in subdivision 2 of 12VAC5-640-450 cannot be met, the department may issue a written waiver that specifies the criteria that are being waived and the rationale for the waiver. In order to obtain this waiver, the owner must provide a written request for the waiver that includes justification and specifies any mitigating measures used to offset the reduced site conditions. The following conditions must apply in order for the waiver to be considered:

1. The issuance of a discharging system permit will reduce an existing health hazard or will improve or negate environmental impacts associated with the existing discharge. This determination shall be made by the department.

2. There will be no increase in the waste load generated by any additions to the dwelling except when necessary to provide for minimum facilities necessary for good sanitation. The minimum facilities for a single family dwelling are: a water closet, a bathroom sink, a bathtub or shower or both, and a kitchen sink. More than one bathroom may be added to a dwelling provided the potential occupancy of the structure is not increased.

3. Where a failing onsite sewage disposal system already has more than the minimum facilities described in subdivision 2 of this section, the discharging system may be designed and permitted to accommodate the entire existing sewage flow. In no event shall the system designed and permitted exceed the existing sewage flow unless all conditions and criteria of this chapter are met.

Statutory Authority

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

Historical Notes

Derived from VR355-34-400 § 2.16, eff. July 30, 1992; amended, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-262. Statements required upon completion of construction.

A. Upon completion of the construction, alteration, or rehabilitation of a discharging system, the owner or agent shall submit to the department a completion statement signed by the contractor responsible for the construction and a completion statement signed by the licensed professional engineer responsible for the design, upon forms approved by the department, that the system was installed and constructed in accordance with the construction permit and complies with all applicable state and local regulations, ordinances, and laws. These completion statements shall be based upon inspections of the treatment works during and after construction or modification that are adequate to ensure the truth of the statements. Should the treatment works be modified from the approved construction plan, the licensed professional engineer shall submit "as built" drawings documenting the changes. The licensed professional engineer's completion statement shall certify that the treatment works as modified will comply with all applicable state and local regulations, ordinances, and laws.

B. No discharging system shall be placed in operation, except for the purposes of testing the mechanical soundness of the system, until an operation permit is issued by the department in accordance with 12VAC5-640-266.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-264. Operation and maintenance manual.

A. Prior to issuance of the operation permit, the owner shall submit an operation and maintenance (O&M) manual for the discharging system. The general purpose of the manual is to present both technical guidance and regulatory requirements to facilitate operation and maintenance of the discharging system for both normal conditions and generally anticipated adverse conditions. The manual shall be designed as a reference document, being as brief as possible while presenting the information in a readily accessible manner. The manual shall be tailored to the specific system. The manual must state the minimum required frequencies for routine maintenance, operation, sampling, and monitoring frequencies in this chapter, but additional maintenance visits, sampling, and monitoring may be added as needed, depending on the design of the system. The manual should reflect the minimum operation and maintenance activities required to properly maintain the system and ensure compliance with the General Permit requirements.

B. The manual shall include the following minimum items:

1. Basic information relevant to the discharging system design including treatment unit capacities, pump operating conditions, a list of the components comprising the discharging system, a dimensioned site drawing, sampling locations, and contact information for replacement parts and chemicals for each unit process;

2. Safety considerations;

3. A list of all control functions and how to use them;

4. All operation, maintenance, sampling, and inspection schedules for the discharging system including any requirements that exceed the minimum requirements of this chapter;

5. The General Permit effluent sampling and reporting schedule;

6. The sampling location for each of the required General Permit parameters and for informal (process control) testing parameters;

7. The expected ranges of any recommended informal (process control) tests;

8. The limits of the discharging system and how to operate the system within those design limits; and

9. Other information deemed necessary or appropriate by the designer.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-266. Issuance of the operation permit.

A. Prior to issuance of the operation permit, the department may inspect the discharging system to determine if the installation is in substantial compliance with the construction permit and the requirements of this chapter. Minor deviations from the permit or proposed plans and specifications, excluding the manufacturer's design and installation specification, that do not affect the quality of the sewage treatment process or endanger public health or the environment may be approved by the department.

B. Before receipt of an operation permit, the owner shall:

1. Submit the completion statements and "as built" drawings as required under 12VAC5-640-262; and

2. Submit the operation and maintenance manual as required under 12VAC5-640-264.

C. Upon the owner's satisfactory completion of the requirements in subsection B of this section, the commissioner or department shall issue an operation permit to the owner. The issuance of an operation permit does not denote or imply any warranty or guarantee by the commissioner or department that the discharging system will function for any specified period of time. The operation permit shall note whether the permitted system has general or nongeneral approval.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-270. Denial of a construction or operation permit.

A. If the commissioner or department determines that the proposed site does not comply with this chapter or that the design of the system would preclude the safe and proper operation of a discharging system, the installation and operation of the system would create an actual or potential health hazard, or the proposed design would adversely impact the environment, the permit shall be denied and the owner shall be notified in writing, by certified mail, of the basis for the denial, and a copy shall be sent to the Department of Environmental Quality.

B. In addition to the grounds set forth in subsection A of this section, the operation permit shall be denied if the discharging system is not constructed in accordance with the construction permit or the owner has failed to provide the completion statements required by 12VAC5-640-262 or the operation and maintenance manual required by 12VAC5-640-264. The owner shall be notified in writing, by certified mail, of the basis for the denial, and a copy of the denial shall be sent to the Department of Environmental Quality.

Statutory Authority

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

Historical Notes

Derived from VR355-34-400 § 2.17, eff. July 30, 1992; amended, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-280. Revocation of construction permits and operation permits.

After providing the owner with the notice and the opportunity to participate in an informal conference or consultation proceeding in accordance with § 2.2-4019 of the Code of Virginia and 12VAC5-640-180, the commissioner may revoke a construction permit or operation permit for any of the following reasons:

1. Failure to comply with the conditions of the permit including, but not limited to, the monitoring and maintenance requirements in Article 4 (12VAC5-640-490 et seq.) of Part III of this chapter and the payment of the inspection fee;

2. Violation of any requirement of this chapter for which no variance has been issued;

3. Facts become known which reveal that an actual or potential health hazard has been or would be created or that the environmental resources may be adversely affected by allowing the proposed discharging system to be installed or operated; or

4. Failure to comply with the effluent limitations set forth by the SWCB in the General Permit as determined by the monitoring required by Article 4 of Part III.

Statutory Authority

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

Historical Notes

Derived from VR355-34-400 § 2.18, eff. July 30, 1992; amended, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-290. Voidance of construction or operation permits.

After providing the owner with the notice and the opportunity to participate in an informal conference or consultation proceeding in accordance with § 2.2-4019 of the Code of Virginia and 12VAC5-640-180, the commissioner or the department may declare a discharging system's construction or operation permit null and void when any of the following conditions occur:

1. Conditions such as house location, well location, discharging system location, discharge point, discharge system design, topography, drainage ways, or other site conditions are changed from those shown on the application or site plan;

2. Conditions are changed from those shown on the construction permit;

3. More than 60 months elapse from the date the permit was issued; or

4. The revocation or expiration of the General Permit or of the owner's approved registration by the SWCB.

Statutory Authority

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

Historical Notes

Derived from VR355-34-400 § 2.19, eff. July 30, 1992; amended, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-300. (Repealed.)

Historical Notes

Derived from VR355-34-400 § 2.20, eff. July 30, 1992; repealed, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-310. (Repealed.)

Historical Notes

Derived from VR355-34-400 § 2.21, eff. July 30, 1992; repealed, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-320. (Repealed.)

Historical Notes

Derived from VR355-34-400 § 2.22, eff. July 30, 1992; repealed, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-330. (Repealed.)

Historical Notes

Derived from VR355-34-400 § 2.23, eff. July 30, 1992; repealed, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-340. (Repealed.)

Historical Notes

Derived from VR355-34-400 § 2.24, eff. July 30, 1992; repealed, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-350. (Repealed.)

Historical Notes

Derived from VR355-34-400 § 2.25, eff. July 30, 1992; repealed, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-360. (Repealed.)

Historical Notes

Derived from VR355-34-400 § 2.26, eff. July 30, 1992; repealed, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-370. (Repealed.)

Historical Notes

Derived from VR355-34-400 § 2.27, eff. July 30, 1992; repealed, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-640-380. (Repealed.)

Historical Notes

Derived from VR355-34-400 § 2.28, eff. July 30, 1992; repealed, Virginia Register Volume 32, Issue 6, eff. December 16, 2015.

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