32.1-164.1 - Appeals from denials of septic tank permits.
§ 32.1-164.1. Appeals from denials of septic tank permits.
A. Whenever administrative action is taken to deny a septic tank permit or togrant a septic tank permit with conditions or to refuse to issue, or grantwith conditions, a letter recognizing the appropriateness of onsite sewagesite conditions in lieu of issuing an onsite sewage system permit, theapplicant shall be advised in writing of the administrative remedies that areavailable to obtain a reversal of the denial or refusal or a modification orelimination of the conditions, or, if no further administrative remedies areavailable, of the right of appeal provided for hereinafter. After exhaustinghis administrative remedies, as set forth in § 32.1-164.1:1 et seq., anyperson aggrieved by a case decision of the Review Board shall have the rightto judicial review in accordance with the provisions of the AdministrativeProcess Act (§ 2.2-4000 et seq.).
The decision may be recorded in the land records of the clerk of the circuitcourt in the jurisdiction where all or part of the site or proposed site ofthe septic system is located so as to be binding notice to the public,including subsequent purchases of the land in question.
B. The holder of any permit for a septic tank issued with conditions shallhave the permit recorded in the land records of the clerk of the circuitcourt having jurisdiction over the site of the septic system. The holder ofthe permit and any subsequent holders of the permit through land purchase ortransfer shall be bound by the conditions stated in the permit unless theholder or subsequent holder obtains an additional permit for modification oralteration of the septic system to meet any new use conditions.
C. In adopting regulations prescribing criteria for the granting or denial ofpermits for septic tanks, the Board shall consider varying circumstances suchas population density, extent of use of the septic tank and such othercircumstances as may affect the stringency of the criteria necessary toprotect the public health and promote the general welfare and may provide forthe issuance of permits for septic tanks subject to such conditions as may benecessary to protect the public health.
D. Upon receipt of an application for a septic tank permit or a letterrecognizing the appropriateness of onsite sewage site conditions in lieu ofissuing onsite sewage system permits, the local health department shallnotify the governing body of the county or city where the septic tank will belocated or the official designated by the governing body for the purpose andshall provide such information concerning the application and the actionstaken on the application as the governing body or officer may request.
(Code 1950, § 32-9.01; 1979, c. 497; 1980, c. 503; 1984, cc. 457, 548; 1986,c. 615; 1994, c. 747.)