Section 210. Appeals

A. Any appeal from a denial of a construction or operation permit for a discharging system must be made in writing and received by the department within 30 days of the date of the denial.

B. Any appeal from the denial of an application for a variance pursuant to subdivision 4 a of 12VAC5-640-170 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 discharging 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 A 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 (§ 2.2-4000 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 VR355-34-400 § 2.11, eff. July 30, 1992; amended, Volume 32, Issue 06, eff. December 16, 2015.

Statutory Authority

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