Section 630. Procedures for entry into or withdrawal from a Soil Drainage Management Contract (SDMC)

A. Entry.

1. Any political subdivision in the Commonwealth may at any time apply to the department through the district or local health department for entry into an SDMC with the department. The application shall contain the following minimum elements:

a. A proposed contract between the department and the political subdivision; and

b. Drafts of all ordinances, required easements, or other legal documents which the political subdivision proposes to adopt as a portion of the SDMC including a local ordinance requiring the holder of a sewage disposal construction permit issued in conjunction with the SDMC to have the permit recorded in the land records of the circuit court having jurisdiction.

2. The department shall, within 60 days of the submission of an application for entry into an SDMC, evaluate the application and propose to the political subdivision any suggestions for modification to the SDMC.

3. The political subdivision may review the department's suggested modifications and resubmit a revised application within such time as the political subdivision elects.

4. The department shall accept or reject entry into an SDMC within 90 days of receipt of the final application from a political subdivision.

5. Upon rejection by the department of a final application for entry into an SDMC, the political subdivision may appeal the department's decision to the appropriate circuit court. The Virginia Administrative Process Act, § 9-6.14:1, et seq., shall apply to such an appeal.

B. Withdrawal.

1. If the department determines that a political subdivision is failing to abide by the terms set forth in its SDMC with the department, the department may withdraw from the contract.

2. The department shall, within 60 calendar days of its proposed withdrawal from an SDMC notify the political subdivision of the department's intent.

3. The political subdivision may apply to the department for a hearing upon the proposed withdrawal. Such hearing shall be held in accordance with the provisions governing case decisions contained within the Virginia Administrative Process Act.

4. Within 30 calendar days after such hearing, the department shall notify the political subdivision whether the department will withdraw from the SDMC.

5. A decision by the department to withdraw from an SDMC may be appealed to the appropriate circuit court pursuant to the provisions of the Virginia Administrative Process Act.

6. If withdrawal occurs, continued maintenance of all SDMP's shall be the responsibility of the political subdivision in areas where permits were issued in accordance with this chapter.

Historical Notes

Derived from VR355-34-02 § 3.19, eff. February 5, 1986; amended, eff. May 11, 1988.

Statutory Authority

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