Section 230. Appeal

A. Any appeal from a denial of a construction permit for a sewage disposal system must be made in writing and received by the department within 30 days of the date of receipt of notice of the denial.

B. Any request for hearing on the denial of an application for a variance pursuant to 12VAC5-610-170 E 1 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 sewage disposal 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 B 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 (§ 9-6.14:1 et seq. of the Code of Virginia), an aggrieved owner may appeal a final decision of the commissioner or Appeal Review Board to an appropriate circuit court.

Historical Notes

Derived from VR355-34-02 § 2.11, eff. February 5, 1986; amended, eff. May 11, 1988; Volume 16, Issue 16, eff. July 1, 2000.

Statutory Authority

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