12 Va. Admin. Code § 5-610-280 - Issuance of the construction permit
A. A construction permit shall be issued by
the commissioner after approval of the application submitted under
12VAC5-610-250 A and
D and fulfilling the requirement contained in
12VAC5-610-700 E
2, if applicable.
B. A construction permit shall be issued by
the commissioner after approval of the application and plans and specifications
submitted under
12VAC5-610-250 B and
C. Such approvals shall include the
requirement contained in
12VAC5-610-700 E
2, if applicable, and applicable requirements
of the Department of Environmental Quality in accordance with §
32.1-164.3 of the Code of
Virginia.
C. Exception.
1. If compliance with the criteria contained
in Part IV (12VAC5-610-591 et seq.) or Part V
(12VAC5-610-660 et seq.) of this
chapter imposes economic or other conditions that are not justified by the
health considerations upon which the criteria are based, a construction permit
may be issued for the disposal system design which substantially complies with
the criteria set forth in Part IV or V of this chapter.
2. When issuing a construction permit for
repair of an existing failing sewage disposal system for an occupied structure
with indoor plumbing, the criteria contained in Parts IV and V of this chapter
shall be complied with to the greatest extent possible. However, it is not
necessary to substantially comply with all of the requirements in those parts
of this chapter with the exception of the set back distances for shellfish
waters or drinking water wells, unless the system is already closer in which
case the corrected system shall not be closer than the existing system.
Furthermore, when it can be documented that compliance with those parts creates
an economic hardship, the district health director or the district
environmental health manager may waive the requirements for pretreating the
effluent. All corrections must be of such a nature that they can reasonably be
expected to reduce the risk to public health caused by the malfunctioning
systems.
Notes
Statutory Authority
§§ 32.1-12 and 32.1-164 of the Code of Virginia.
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