Section 270. Denial of a construction or operation permit  


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  • A. If the commissioner or department determines that the proposed site does not comply with this chapter or that the design of the system would preclude the safe and proper operation of a discharging system, the installation and operation of the system would create an actual or potential health hazard, or the proposed design would adversely impact the environment, the permit shall be denied and the owner shall be notified in writing, by certified mail, of the basis for the denial, and a copy shall be sent to the Department of Environmental Quality.

    B. In addition to the grounds set forth in subsection A of this section, the operation permit shall be denied if the discharging system is not constructed in accordance with the construction permit or the owner has failed to provide the completion statements required by 12VAC5-640-262 or the operation and maintenance manual required by 12VAC5-640-264. The owner shall be notified in writing, by certified mail, of the basis for the denial, and a copy of the denial shall be sent to the Department of Environmental Quality.

Historical Notes

Derived from VR355-34-400 § 2.17, 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.