32.1-176.5 - Construction permit; local government authority to require analysis of water. - Virginia Statutes

§ 32.1-176.5. Construction permit; local government authority to requireanalysis of water.

A. Any person intending to construct a private well shall apply to theDepartment for and receive a permit before proceeding with construction. Thepermit application shall include a site plan. No survey plat shall berequired. In all cases, it shall be the landowner's responsibility to ensurethat the water well is properly located on the landowner's property. Thispermit shall be issued no later than 60 days from application and inaccordance with the Board's regulations. In addition, an inspection shall bemade after construction to assure that the construction standards are met.

B. The local governing bodies of the Counties of Albemarle, Chesterfield,Clarke, Culpeper, Fairfax, Fauquier, Goochland, James City, Loudoun, Orange,Powhatan, Prince William, Rappahannock, Stafford, Warren, and York, and theCities of Manassas, Manassas Park, Suffolk, and Virginia Beach may byordinance establish reasonable testing requirements to determine compliancewith existing federal or state drinking water quality standards and requirethat such testing be done prior to the issuance of building permits. Suchtesting requirements shall apply only to building permit applicants proposingto utilize private ground water wells as their primary potable water source.In developing such an ordinance, the local governing body shall consider (i)the appropriate ground water constituents to be tested using the abovestandards as guidance; (ii) the reasonable cost of such testing which may beborne by the applicant; and (iii) the availability of certified laboratoriesto perform such services. However, no such test shall be conducted byConsolidated Laboratories. The applicant shall be notified of the testresults with respect to such established standards.

C. Any local governing body referenced in subsection B of this section thathas adopted a well abandonment ordinance may require property owners to closeand cap abandoned or inactive wells pursuant to that ordinance.

(1986, c. 401; 1988, c. 441; 1989, cc. 454, 696; 1990, cc. 544, 547, 661;1993, c. 794; 1995, c. 220; 1996, c. 202; 1999, c. 633; 2003, c. 500; 2009,c. 59.)