Code of Virginia - Title 32.1 Health - Chapter 6 Environmental Health Services

32.1-163 (Effective until July 1, 2009) Definitions
As used in this article, unless the context clearly requires a different meaning: "Alternative discharging sewage system" means any device or system which results in ...
32.1-163.1 Personal liability of sanitarians defined
A sanitarian while acting within the scope of his employment in approving or denying applications for permits for onsite sewage disposal systems or while performing ...
32.1-163.2 Long range plan for onsite sewage
In addition to the powers and duties provided in § 32.1-164, the Board of Health shall develop and revise as may be necessary a five-year ...
32.1-163.3 Identities of persons making certain reports to remain confidential
The identity of any person making a report of an alleged violation of any provision of this article or any regulation of the Board of ...
32.1-163.4 Procedures for application backlogs; individuals approved to conduct evaluations for septic system ...
A. In any case where the local or district health department experiences a septic system or other onsite sewage system permit backlog of fifteen working ...
32.1-163.5 On-site sewage evaluations
A. Notwithstanding other provisions of this chapter, for purposes of subdivision review, permit approval, and issuance of letters for residential development, the Board, Commissioner, and ...
32.1-163.6 Professional engineering of onsite treatment works.
A. Notwithstanding other provisions of this chapter, for purposes of permit approval, the Board, Commissioner, and Department of Health shall accept treatment works designs from ...
32.1-164 (Effective until July 1, 2009) Powers and duties of Board; regulations; fees; authorized onsite soi...
A. The Board shall have supervision and control over the safe and sanitary collection, conveyance, transportation, treatment, and disposal of sewage by onsite sewage systems ...
32.1-164.1 Appeals from denials of septic tank permits
A. Whenever administrative action is taken to deny a septic tank permit or to grant a septic tank permit with conditions or to refuse to ...
32.1-164.1:01 Onsite Sewage Indemnification fund
A. There is hereby created the Onsite Sewage Indemnification fund whose purpose is to receive moneys generated by a portion of the fees collected by ...
32.1-164.1:1 Validity of certain septic tank permits
A. Any septic tank permit issued shall be valid for a period of 18 months from the date of issuance unless there has been a ...
32.1-164.2 through 32.1-164.7
Repealed by Acts 2007, cc. 881 and 929, cl. 8, effective January 1, 2008. ...
32.1-164.8 (Effective July 1, 2009) Onsite Operation and Maintenance Fund established.
There is hereby created in the state treasury a special nonreverting fund to be known as the Onsite Operation and Maintenance Fund, hereafter referred to ...
32.1-165 Prior approval required before issuance of building permit
No county, city, town or employee thereof shall issue a permit for a building designed for human occupancy without the prior written authorization of the ...
32.1-166 Agreements with federal agencies
The Board may enter into an agreement with any appropriate federal agency to regulate and monitor the collection, transportation, conveyance, treatment and disposal of sewage ...
32.1-166.1 Review Board; members
There is hereby established, in the Department of Health, the State Health Department Sewage Handling and Disposal Appeal Review Board, consisting of seven members, appointed ...
32.1-166.2 Officers; secretary
The Review Board, under rules adopted by itself, shall elect one of its members as chairman, for a term of two years, and may elect ...
32.1-166.3 Oath
Before entering upon the discharge of their duties, all members of the Review Board shall take an oath that they will faithfully and honestly execute ...
32.1-166.4 Meetings
The Review Board shall meet eight times per year to hear appeals of denials of applications for onsite sewage disposal systems. Any appeal shall be ...
32.1-166.5 Offices
The Review Board shall be furnished adequate space and quarters in the suite of offices of the Department, where the Board's main office shall be ...
32.1-166.6 Review Board to hear appeals
The Review Board shall hear all administrative appeals of denials of onsite sewage disposal system permits and appeals of refusals of indemnification requests filed pursuant ...
32.1-166.7 Subpoenas; witnesses; designation of subordinates
In any matter before it on appeal for hearing and determination, the Review Board or its designated subordinates may compel the attendance of all needed ...
32.1-166.8 Record of decisions
A record of all decisions of the Review Board, properly indexed, shall be kept in the office of such Review Board. The records shall be ...
32.1-166.9 Interpretation of application of regulations; recommendation of modifications
The Review Board shall interpret the application of the provisions of the Sewage Handling and Disposal Regulations in its review of appeals and shall make ...
32.1-166.10 Appeals fees
The Department shall establish a reasonable fee to be charged to the appealing party commensurate with the time and expenses related to the handling of ...
32.1-167 Definitions
As used in this article, unless the context clearly requires a different meaning: 1. "Aesthetic standards" means water quality standards which involve those physical, biological ...
32.1-168 Exemptions
The provisions of this article shall not be applicable to a waterworks which meets all of the following conditions: 1. The waterworks consists only of ...
32.1-169 Supervision by Board
The Board shall have general supervision and control over all water supplies and waterworks in the Commonwealth insofar as the bacteriological, chemical, radiological and physical ...
32.1-170 Regulations
The regulations of the Board governing waterworks, water supplies, and pure water shall be designed to protect the public health and promote the public welfare ...
32.1-171 Technical assistance as to sources and purity
The Commissioner shall, upon request and without charge, provide technical assistance to owners regarding the most appropriate source of water supply and the best method ...
32.1-171.1 Waterworks operation fee required; special fund established; certain technical assistance program t...
A. Every owner of a waterworks shall pay to the Department a waterworks operation fee of no more than $160,000 per year. Based upon the ...
32.1-171.2 Water Supply Assistance Grant Fund established
A. There is hereby created in the state treasury a special nonreverting fund to be known as the Water Supply Assistance Grant Fund, hereafter referred ...
32.1-172 Permit required
A. No owner shall establish, construct or operate any waterworks or water supply in the Commonwealth without a written permit from the Commissioner, except for ...
32.1-173 Additional or amended permits
A. Any owner intending to make changes, alterations or improvements to a waterworks for which a permit has been granted shall apply to the Commissioner ...
32.1-173.1 Increase in charges to finance required changes
Any owner required to make any change, alteration or improvement in its waterworks or water supply may increase its charges for water to finance or ...
32.1-174 Revocation of permits
The Commissioner may revoke any permit issued pursuant to this article whenever he determines that: 1. The waterworks can no longer be depended upon to ...
32.1-174.1 Bonds of permit holders
A. The Board may by regulation require owners holding or issued permits for waterworks pursuant to this article, to post bonds or deposit funds to ...
32.1-174.2 Duties of electric utilities
No electric utility shall disconnect electrical service to any waterworks holding a permit issued pursuant to this article until the utility has (i) provided sixty ...
32.1-174.3 Appointment of receiver for certain private waterworks; grounds for such appointment; petition and ...
A. In addition to the remedies provided in § 32.1-27 and this chapter for civil and criminal penalties and injunctive or other relief, the Commissioner ...
32.1-174.4 Identification and elimination of chronically noncompliant waterworks.
A. The Board shall promulgate regulations for the implementation of a program to (i) identify chronically noncompliant waterworks as defined in § 32.1-167 and (ii) ...
32.1-175 Emergency orders; appeal
A. The Commissioner may issue emergency orders in any case where there is an imminent danger to the public health and welfare resulting from the ...
32.1-175.01 Issuance of special orders
Notwithstanding any other provision of law and to the extent consistent with federal requirements, following a proceeding as provided in § 2.2-4019, the Board may ...
32.1-175.1 Notice to local government
A. Upon issuing a notice of violation of any provision of regulation promulgated pursuant to this article to the owner of a waterworks or water ...
32.1-176 Penalty
In addition to the provisions of § 32.1-27, any owner who violates any provisions of this article or any order or regulation adopted pursuant thereto ...
32.1-176.1 Short title
This article shall be known and may be cited as the "Virginia Private Well Construction Act." (1986, c. 401.) ...
32.1-176.1:1 Issuance of special orders
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32.1-176.2 Findings and policy
The General Assembly finds that the improper construction of private wells can adversely affect aquifers as ground water resources in the Commonwealth. Consistent with the ...
32.1-176.3 Definitions
As used in this article: "Construction of wells" means acts necessary to construct wells, including the location of wells. "Private well" means any water well ...
32.1-176.4 Powers and duties of Board and Department; regulations; fees
A. The Board shall adopt regulations pertaining to the location and construction of private wells in the Commonwealth. The Department shall enforce the provisions of ...
32.1-176.5 Construction permit; local government authority to require analysis of water
A. Any person intending to construct a private well shall apply to the Department for and receive a permit before proceeding with construction. This permit ...
32.1-176.5:1 Department to test for oil contamination; maintain lists of private laboratories
A. The Department shall disseminate the information on confirmed oil releases and discharges, contained in the Department of Environmental Quality's monthly report prepared pursuant to ...
32.1-176.5:2 Prohibition on private well construction
A. No private well shall be constructed within 50 feet of the property line with an adjacent property of three acres or larger that is ...
32.1-176.6 Inspection
The Department shall have the authority to conduct such inspections as it may find reasonably necessary to ensure that the construction work conforms to applicable ...
32.1-176.7 Other agencies to cooperate with Department
The Department of Housing and Community Development and the State Water Control Board shall cooperate fully and promptly with the Department of Health in the ...
32.1-177 through 32.1-186
Repealed by Acts 1986, c. 492. ...
32.1-187 Counties, cities and towns may create mosquito control districts
The governing body of any county, city or town, either alone or jointly with one or more other counties, cities or towns, may create one ...
32.1-188 Consolidation of districts
The governing body of any city which has established more than one mosquito control district pursuant to § 32.1-187 may, by ordinance, consolidate such districts ...
32.1-189 Mosquito control commission; composition; appointment of members
A. Each mosquito control district shall be administered by a commission of three members, one of whom shall be the Commissioner or his designee, except ...
32.1-190 Powers of commission; oath and terms of members; vacancies
Each mosquito control commission district shall be a body politic and corporate and shall have all the powers necessary to carry into effect all of ...
32.1-191 Secretary of commission
A mosquito control commission shall appoint its secretary either from the membership of such commission or otherwise and shall fix his compensation. The commission may ...
32.1-192 Further powers of commission
Each mosquito control commission is empowered to employ all necessary personnel and to perform all acts necessary to control and eliminate mosquitoes in the district ...
32.1-193 Eminent domain
Each mosquito control commission is vested with the power of eminent domain to the extent necessary to carry out the provisions of this article. Condemnation ...
32.1-194 Special tax authorized
The governing body of any county, city or town, the whole or a part of whose territory is contained within a mosquito control district, is ...
32.1-195 Contributions from Board
The Board is hereby authorized to contribute annually to any mosquito control commission a sum not more than 25 percent of the gross amount obtained ...
32.1-196 Disposition of funds not needed for mosquito control
Whenever funds accumulated by a mosquito control district are determined by the commission for such district to be no longer needed for the control of ...
32.1-197 Compensation and expenses of members of commission
The members of any mosquito control commission shall receive no salary for their services as such but shall receive necessary expenses incurred while actually engaged ...
32.1-198 Definitions
As used in this article: "Public gathering places" includes, but is not limited to: (a) Historic shrines; (b) Terminals of public transportation companies; (c) Festivals, ...
32.1-199 Description unavailable
Repealed by Acts 1988, c. 60. ...
32.1-200 Regulations
The Board may adopt such regulations governing toilet facilities, sewage disposal facilities and water supply facilities at public gathering places as may be necessary to ...
32.1-201 Free access to certain toilet facilities
Public gathering places required by Board regulation to provide toilet facilities shall provide without charge at least one toilet for each sex. (Code 1950, § ...
32.1-202 Power of counties, cities and towns not limited
Nothing contained in this article shall in any way limit the power of any county, city or town to regulate by ordinance sanitary conditions in ...
32.1-203 Definitions
As used in this article: "Camp operator" means a person who has charge, care or control of a migrant labor camp. "Migrant labor camp" or ...
32.1-204 Notice of intention to construct, etc., camp
Each person planning to construct, substantially remodel or enlarge for occupancy or use a migrant labor camp or any portion or facility thereof, or to ...
32.1-205 Permit required
No person shall operate or cause to be operated a migrant labor camp without a permit nor shall any person allow a migrant labor camp ...
32.1-206 Application for permit
Application for a permit to operate a migrant labor camp shall be made to the Commissioner at least thirty days before such camp is to ...
32.1-207 Inspection; issuance of permit; permits nontransferable
If, after inspection by the Commissioner or his designee, the Commissioner finds that the camp or the proposed operation of the camp for which an ...
32.1-208 Provisional permits
When the Commissioner determines that a camp for which a permit is sought does not, or the proposed operation thereof will not, comply with the ...
32.1-209 Denial, revocation or suspension of permits
A. The Commissioner may deny, revoke or suspend a permit for a camp when the Commissioner determines that the camp or the proposed operation thereof ...
32.1-210 Camp operator's responsibilities
The camp operator shall be responsible for ensuring that the camp complies with the provisions of this article, any applicable regulations and all conditions stated ...
32.1-211 Regulations
A. The occupational, safety and health regulations of the Safety and Health Codes Board applicable to migrant labor camps shall be no more stringent than ...
32.1-212 Definitions
As used in this article unless the context otherwise requires: "Bedding" means any mattress, mattress pad, box spring, upholstered bed, davenport, upholstered sofa bed, quilted ...
32.1-213 Shoddy, secondhand filling material, feathers, animal hair and down to be sanitized
No person shall use in the making, remaking, reupholstering or renovating of any bedding or upholstered furniture any shoddy or any fabric from which shoddy ...
32.1-214 New animal hair, feathers and down to be sterilized
No person shall use in the making, remaking, reupholstering or renovating of any bedding or upholstered furniture any new animal hair, new feathers or new ...
32.1-215 Disposal restricted
No person engaged in commerce shall rent, offer or expose for sale, barter, give away, or dispose of in any other commercial manner any article ...
32.1-216 Permit for use of process to sanitize or sterilize
Any person applying for approval of a process by which filling materials, bedding or upholstered furniture are sanitized or sterilized shall submit to the Commissioner ...
32.1-217 License and registration number; renewal; licenses not transferable; responsibility of branch facto...
A. Every importer and every person manufacturing, renovating or reupholstering any bedding or upholstered furniture or processing or selling any filling material to be used ...
32.1-218 Fees
The Board shall set the annual fees imposed for licenses and permits issued pursuant to this article. All fees collected shall be deposited and held ...
32.1-219 Tags required
A. Every importer of and every person manufacturing a new item of bedding or upholstered furniture shall attach securely thereto a substantial white cloth tag ...
32.1-220 Same; filling material
Any person shipping or delivering filling material, however contained, shall have conspicuously attached thereto a tag upon which shall be stamped or printed, as provided ...
32.1-221 Offenses as to tags
A. It shall be unlawful to use any false or misleading statement, term or designation on any tag required by this article or to remove, ...
32.1-222 Return of improperly tagged items; payment of costs of return; failure to pay costs
Upon a complaint made to the Commissioner as provided in § 32.1-224, the Commissioner may order the return of any item of bedding or upholstered ...
32.1-223 New and sanitized items to be kept separate
New and sanitized upholstered furniture, bedding and filling materials shall be kept separate from any secondhand upholstered furniture, bedding and filling materials that have not ...
32.1-224 Administration and enforcement by Commissioner; refusal, suspension or revocation of license or per...
The Commissioner is charged with the administration and enforcement of this article, except as otherwise provided in this article. Only upon a complaint made to ...
32.1-225 Exemptions
A. The provisions of this article shall not apply to: 1. Any items of bedding or upholstered furniture sold under the order of any court ...
32.1-226 Violation a misdemeanor; application of the Virginia Consumer Protection Act
A. Any person violating any provision of this article or any regulation of the Board adopted pursuant to this article shall be guilty of a ...
32.1-227 Definitions
As used in this article unless the context requires a different meaning: 1. "By-product material" means: a. Any radioactive material, except special nuclear material, yielded ...
32.1-228 Exemption
The provisions of this article shall not apply to radioactive materials or facilities, including nuclear reactors that are subject to exclusive licensing and regulation by ...
32.1-228.1 Department designated state radiation control agency; powers and duties.
A. The Department of Health is hereby designated as the state radiation control agency. The Commissioner of Health may employ, compensate, and prescribe the duties ...
32.1-229 Powers and duties of the Board
The Board shall: 1. Establish a program of effective regulation of sources of radiation for the protection of the public health and safety, including a ...
32.1-229.01 Companies listed as proficient to perform radon screening, testing or mitigation; complianc...
A. No person shall conduct or offer to conduct any radon screening, testing or mitigation in the Commonwealth unless he has been listed as proficient ...
32.1-229.01:1 Action for damages
Any person who engages or otherwise uses the radon screening, testing, or mitigation services of a person misrepresenting his proficiency listing to conduct such services ...
32.1-229.1 Inspections of X-ray machines required; Radiation Inspection Reports; fees; qualification of inspec...
A. All X-ray machines shall be registered with the Department. B. Every owner or operator of an X-ray machine used in the healing arts shall ...
32.1-229.2 Costs of inspection conducted by Health Department; fees to be used to support program
In order to minimize competition with the private sector, the fee schedule developed by the Board for routine inspections of X-ray machines by Department of ...
32.1-229.3 Licensing of radioactive material.
A. All radioactive material not under the authority of the United States Nuclear Regulatory Commission, and devices or equipment utilizing such material, shall be licensed ...
32.1-230 Further powers of Board
The Board shall have the power, subject to the approval of the Governor: 1. To acquire by purchase, exercise of the right of eminent domain, ...
32.1-231 Bonds of licensees
A. The Board is authorized to require bonds of licensees. A bond shall be forfeited when the public health and safety is endangered by ionizing ...
32.1-232 Radioactive Material Perpetual Care Trust Fund
A. The Board may require a licensee to deposit funds on an annual basis in a trust fund which shall be known as the Radioactive ...
32.1-232.1 Special Trust Fund for Radioactive Materials Facility Licensure and Inspection created
There is hereby created in the Department of the Treasury a special nonreverting fund known as the Special Trust Fund for Radioactive Materials Facility Licensure ...
32.1-233 Radiation Advisory Board; composition; duties generally
A. The Radiation Advisory Board shall consist of ten appointive members and the six ex officio members specified below. The Governor shall appoint to the ...
32.1-234 Description unavailable
Repealed by Acts 1987, c. 666. ...
32.1-234.1 Enforcement
A. Whenever the Department finds, following inspection and examination, that a source of radiation as constructed, operated, or maintained results in a violation of this ...
32.1-235 Authority of Governor to enter into agreements with federal government; effect on federal license...
A. The Governor is authorized, subject to the appropriation of funds, to enter into agreements with the federal government providing for discontinuance of the federal ...
32.1-236 Authority of Board to enter into agreements with federal government, other states or interstate age...
A. The Board, with the prior approval of the Governor, is authorized to enter into an agreement or agreements with the federal government, other states ...
32.1-237 Effect upon local ordinances, etc
Ordinances, resolutions or regulations, now or hereafter in effect, of the governing body of a county or city relating to by-product, source and special nuclear ...
32.1-238 Impounding sources of ionizing radiation
The Department is authorized, in the event of an emergency or under other circumstances constituting a hazard to health and safety, to impound or order ...
32.1-238.1 through 32.1-238.5
Repealed by Acts 1986, c. 492. ...
32.1-238.6 Description unavailable
Repealed by Acts 1983, c. 213. ...
32.1-238.6:1 through 32.1-238.10
Repealed by Acts 1988, c. 891. ...
32.1-239 Definitions
As used in this article the following definitions shall apply: "Commercial establishment" means any commercial or industrial establishment, mill, factory, plant, refinery and any other ...
32.1-240 Department designated state toxic substance information agency
The State Department of Health is designated as the state toxic substances information agency. The Commissioner of Health may employ, compensate, and prescribe the administrative ...
32.1-241 Powers and duties of Board
The Board shall: 1. Advise the Governor, other state agencies, the federal government, and local governing bodies on matters pertaining to chemical exposures posing a ...
32.1-242 Description unavailable
Repealed by Acts 1995, c. 90. ...
32.1-243 State agencies directed to cooperate with and furnish information to Board
All agencies and institutions of the Commonwealth shall cooperate with the Board and, on request, furnish to the Board all information in their possession concerning ...
32.1-244 Duty of operators to report knowledge of toxicity; retention and return of certain information; dia...
Each person who operates a commercial establishment that uses as a raw material, catalyst, final product or process solvent or manufactures any chemical or mixture ...
32.1-244.1 Description unavailable
Repealed by Acts 1992, c. 203. ...
32.1-245 Toxic substances
The Board shall advise the General Assembly and the Governor as to all matters relating to toxic substances in the Commonwealth. (Code 1950, § 32-438; ...
32.1-246 Marinas
A. The Board is empowered and directed to adopt and promulgate all necessary regulations establishing minimum requirements for adequate sewerage facilities at marinas and other ...
32.1-246.1 Signs or notices required on dump stations
Any marina required to have a dump station pursuant to the regulations of the Board of Health shall clearly identify or placard such equipment by ...
32.1-247 Vector control
The Board shall develop and maintain the capability and technical competence necessary to investigate the occurrence of diseases borne by insects and rodents and shall ...
32.1-248 Closing of waters; modification or revocation of regulation or order
The Board may adopt regulations or orders closing any river, stream, lake or other body of water in this Commonwealth to fishing, boating, swimming or ...
32.1-248.01 Fish consumption advisories
The Virginia Department of Health shall develop a written policy, which shall be revised annually, that identifies the criteria and levels of concern for certain ...
32.1-248.1 Posting of water quality test results by certain recreational facilities
The Board of Health shall promulgate regulations to require the daily posting of water quality test results at swimming pools and other water recreational facilities ...
32.1-248.2 Use of rainwater and reuse of gray water
A. The Department shall develop by January 1, 1999, guidelines regarding the use of gray water and rainwater. The guidelines shall describe the conditions under ...
32.1-248.3 Environmental Health Education and Training Fund.
There is hereby created the Environmental Health Education and Training Fund whose purpose is to receive moneys generated by the civil penalties collected by the ...

Last modified: April 3, 2009