Section 210. Appeals

Any appeal from a denial of a construction permit for a private well must be made in writing and received by the department within 60 days of the date of the denial.

A. Any request for hearing on the denial of an application for a variance pursuant to 12VAC5-630-170 D 1 must be made in writing and received within 60 days of receipt of the denial notice.

B. Any request for a variance must be made in writing and received by the department prior to the denial of the private well permit, or within 60 days after such denial.

C. In the event a person applies for a variance within the 60-day period provided by subsection B above, the date for appealing the denial of the permit, pursuant to subsection A above, shall commence from the date on which the department acts on the request for a variance.

D. Pursuant to the Administrative Process Act (§ 9-6.14:1 et seq. of the Code of Virginia) an aggrieved owner may appeal a final decision of the commissioner to an appropriate circuit court.

Historical Notes

Derived from VR355-34-100 § 2.11, eff. April 1, 1992.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.