Section 60. Operation permits and land records

A. The department shall not issue an operation permit for an AOSS until the property owner has recorded an instrument that complies with § 15.2-2157 E of the Code of Virginia in the land records of the circuit court having jurisdiction over the site of the AOSS. The local health department shall receive legal documentation indicating that the instrument has been duly recorded before issuance of the operation permit.

B. When all or part of the project area is to be used in the management of nitrogen from a large AOSS, the property owner or the owner of the AOSS shall record legal documentation in the land records of the circuit court having jurisdiction over the site of the AOSS. Such documentation shall contain assurances that the land area will be protected and preserved in accordance with the management methods established by the designer. The local health department shall receive legal documentation indicating that the instrument has been duly recorded before issuance of the operation permit.

C. All large AOSSs and any AOSS permitted pursuant to 12VAC5-613-90 C shall be subject a renewable operating permit. Such permits shall be issued for a period of five years. The owner of the AOSS shall apply for a new permit at least 180 days prior to the expiration date.

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.