Virginia Regulatory Town Hall
Agency
Virginia Department of Health
 
Board
State Board of Health
 
chapter
Regulations Governing Application Fees for Construction Permits for Onsite Sewage Disposal Systems and Private Wells [12 VAC 5 ‑ 620]
Action Update regulations to reflect changes in the Code of VA
Stage Proposed
Comment Period Ended on 2/14/2014
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2/13/14  4:02 pm
Commenter: Joel S. Pinnix, PE

12VAC5-620-80.G
 

I have personally experienced the abuse of the 90-day, one-time resubmittal regulation.  In several instances my permits were denied based on trivial issues and I was "put on notice" that if I did not correct ALL DEFECTS on the next submittal, my client would be charged a new fee.

In another instance, Loudoun County waited until the 58th day of the 60-day time allotment to deny my client's permit for the second time.  There was no dialog or notice that a defect in the permit application existed until the denial letter was sent.  There was no opportunity to perfect the application before the second denial was issued.  The defect noted on the denial concerned an old easement that was being abadoned and the client was trying to coordinate with various enties, including the County Circuit Court Clerk's office.  The result of the health department's action required a new $1,400 permit fee.

I strongly object to the 90-day one time submittal rule.  An applicant should have a total of 90-days to perfect the application with as many corrections and submittals as necessary before incurring a new application fee.  

 

 

 

CommentID: 31020