Section 50. Violations and enforcement

A. Subject to the limitations of 12VAC5-613-30.B, failure by any owner of an AOSS to achieve one or more performance requirements prescribed by this chapter or specified for the AOSS shall be a violation of this chapter.

B. Failure by any owner to comply with the conditions of an operation permit shall be a violation of this chapter.

C. Failure by any owner to accomplish any mandated visit, operation, maintenance, repair, monitoring, sampling, reporting, or inspection requirement prescribed by this chapter shall be a violation of this chapter.

D. Failure by any owner to follow the approved operation and maintenance manual (O&M manual) shall be deemed a violation of this chapter when such failure results in the failure to achieve one or more performance requirements prescribed by this chapter.

E. Failure by any operator to perform any mandated activity in accordance with 12VAC5-613-110, 12VAC5-613-120, 12VAC5-613-180, or 12VAC5-613-190 shall be a violation of this chapter.

F. Nothing in this chapter shall be construed to limit the authority of the board, the commissioner, or the department to enforce this chapter or to enforce the requirements of 12VAC5-610.

G. In accordance with the Sewage Handling and Disposal Regulations and § 32.1-25 of the Code of Virginia, the commissioner may take such samples and conduct such monitoring, including ground water samples and monitoring, that he deems necessary to enforce this chapter.

H. The board, commissioner, and department may use any lawful means to enforce this chapter including voiding a construction or operation permit, imposition of civil penalties, or criminal prosecution pursuant to § 32.1-27 of the Code of Virginia.

I. Except when there is additional evidence that an AOSS has failed to achieve one or more of the performance requirements of this chapter or when a licensed operator has filed a report indicating that an AOSS cannot be returned to normal function via routine maintenance, the department shall not rely solely on the results of an individual grab sample to establish the factual basis for a violation of this chapter.

Historical Notes

Derived from Volume 28, Issue 05, eff. December 7, 2011.

Statutory Authority

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