12VAC5-610-70: Grandfather clause

A. Any owner of a grandfathered lot may submit an application for a construction permit according to the procedure in 12VAC5-610-250. The local health department may perform a site and soil evaluation in accordance with Part III (12VAC5-610-450 et seq.) of this chapter and a permit shall be issued for a system which complies to the greatest extent possible with this chapter provided that the site and soil conditions would not preclude the successful operation of the system. Whenever the site and soil conditions on a grandfathered lot do not substantially comply with the requirements in Part IV (12VAC5-610-591 et seq.) of this chapter for a septic tank effluent system, secondary treatment will be required in the system design. In no case may the separation distance between the subsurface absorption system and a drinking water supply be less than the separation distance established in the regulations in effect at the time the grandfathered lot was approved (subdivision approval) or when the first permit was issued for the grandfathered lot.

B. Certification letters may not be issued in lieu of permits under the grandfather clause.

C. All permits issued under the grandfather clause which do not substantially comply with the provisions of this chapter shall be considered conditional permits in accordance with 12VAC5-610-250 J. A statement approved by the division shall be recorded and indexed in the grantor index of the land records of the circuit court having jurisdiction over the site of the sewage treatment and disposal system. The statement shall indicate that the permit is issued under the grandfather clause and that the site and soil conditions do not substantially comply with the current regulations and may contain such other information as the division deems appropriate to serve notice to future owners of the unique nature of grandfathered lots.

D. Within 18 months of July 1, 2000, any owner of a lot for which a certification letter or subdivision approval was issued after November 1, 1982, may submit an application for a construction permit according to the procedures in 12VAC5-610-250. Such application shall be subject to the permitting requirements of the regulations under which the certification letter or subdivision approval was issued.