                                 CODE OF VIRGINIA

APPEALS FROM DENIALS OF SEPTIC TANK PERMITS; INSPECTIONS (§ 32.1-164.1)

A. Whenever administrative action is taken to deny a septic tank permit or to
grant a septic tank permit with conditions or to refuse to issue, or grant with
conditions, a letter recognizing the appropriateness of onsite sewage site
conditions in lieu of issuing an onsite sewage system permit, the applicant
shall be advised in writing of the administrative remedies that are available to
obtain a reversal of the denial or refusal or a modification or elimination of
the conditions, or, if no further administrative remedies are available, of the
right of appeal provided for hereinafter. After exhausting his administrative
remedies, as set forth in &#xA7; 32.1-164.1:1 et seq., any person aggrieved by a
case decision of the Review Board shall have the right to judicial review in
accordance with the provisions of the Administrative Process Act (&#xA7;
2.2-4000 et seq.).
			The decision may be recorded in the land records of the clerk of the circuit
court in the jurisdiction where all or part of the site or proposed site of the
septic system is located so as to be binding notice to the public, including
subsequent purchases of the land in question.

B. The holder of any permit for a septic tank issued with conditions shall have
the permit recorded in the land records of the clerk of the circuit court having
jurisdiction over the site of the septic system. The holder of the permit and
any subsequent holders of the permit through land purchase or transfer shall be
bound by the conditions stated in the permit unless the holder or subsequent
holder obtains an additional permit for modification or alteration of the septic
system to meet any new use conditions.

C. In adopting regulations prescribing criteria for the granting or denial of
permits for septic tanks, the Board shall consider varying circumstances such as
population density, extent of use of the septic tank and such other
circumstances as may affect the stringency of the criteria necessary to protect
the public health and promote the general welfare and may provide for the
issuance of permits for septic tanks subject to such conditions as may be
necessary to protect the public health.

D. Upon receipt of an application for a septic tank permit or a letter
recognizing the appropriateness of onsite sewage site conditions in lieu of
issuing onsite sewage system permits, the local health department shall notify
the governing body of the county or city where the septic tank will be located
or the official designated by the governing body for that purpose and shall
provide such information concerning the application and the actions taken on the
application as the governing body or officer may request.

E. Whenever a construction permit has been issued pursuant to an evaluation and
design certified by a licensed professional engineer or onsite soil evaluator,
the certifying licensed professional engineer or onsite soil evaluator shall
inspect that system at the time of installation and provide an inspection report
to the Department. The Department may, but is not required to, inspect the
installation of such onsite sewage system. In the event that the certifying
licensed professional engineer or onsite soil evaluator does not inspect the
system in a timely manner or declines to certify that the installation was
completed substantially in accordance with the evaluation and design, the owner
may petition the Department to inspect the installation and render a final case
decision approving or disapproving the installation. The Department shall not be
required to convene an informal fact finding proceeding in accordance with
&#xA7; 2.2-4019 prior to rendering such decision.

HISTORY: Code 1950, § 32-9.01; 1979, c. 497; 1980, c. 503; 1984, cc. 457, 548;
1986, c. 615; 1994, c. 747; 2012, c. 184.