TITLE 12. HEALTH

STATE BOARD OF HEALTH

Final Regulation

Title of Regulation: 12VAC5-630. Private Well Regulations (amending 12VAC5-630-180).

Statutory Authority: §§ 32.1-12 and 32.1-176.4 of the Code of Virginia.

Effective Date: November 19, 2025.

Agency Contact: Lance Gregory, Director, Division of Onsite Sewage and Water Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7491, fax (804) 864-7475, or email lance.gregory@vdh.virginia.gov.

Background: The Private Well Regulations (12VAC5-630) protects the health, safety, and welfare of the Commonwealth through the proper construction and permitting of private wells. The regulation establishes standards for (i) private well locations, their construction, and maintenance to ensure protection of groundwater resources; (ii) issuance and denial of permits; (iii) standards for obtaining a permit; and (iv) the process for inspections and abandonment of private wells.

Summary:

The amendments (i) remove the requirement that only a health director may conduct informal fact-finding conferences and allow a designee, such as a presiding officer, to conduct these conferences; (ii) remove a restriction on subpoena power as it is allowed pursuant to § 2.2-4022 of the Code of Virginia; (iii) align the timetable to render a case decision with § 2.2-4021 B of the Code of Virginia; and (iv) remove the requirement for a hearings officer to submit findings of fact to the Commissioner of Health for a final decision.

12VAC5-630-180. Hearing types.

Hearings before the commissioner or the commissioner's designees shall include any of the following forms depending on the nature of the controversy and the interests of the parties involved.

1. Informal hearings. An informal hearing fact-finding proceeding is a meeting with a district or local health an informal conference between the department with the district or local health director presiding and the named party held in conformance accordance with § 2.2-4019 of the Code of Virginia. The district or local health department director shall consider all evidence presented at the meeting that is relevant to the issue in controversy. Presentation of evidence, however, is entirely voluntary. The district or local health department shall have no subpoena power. No verbatim record need be taken at the informal hearing. The local or district health director department shall review the facts presented and based on those facts render a decision. A written copy of the decision and the basis for the decision shall be sent to the appellant within 15 work days of the hearing, unless the parties mutually agree to a later date in order to allow the department to evaluate additional evidence. If the decision is adverse to the interests of the appellant, an aggrieved appellant may request an adjudicatory hearing pursuant to subdivision 2 of this section.

2. Adjudicatory hearing. The adjudicatory hearing is a formal, public adjudicatory proceeding conducted pursuant to § 2.2-4020 of the Code of Virginia.

The commissioner shall designate a hearing officer to conduct the hearing as provided in § 2.2-4024 of the Code of Virginia and to make written recommended findings of fact and conclusions of law to be submitted for review and final decision by the commissioner. The final decision of the commissioner shall be reduced to writing and will contain the explicit findings of fact upon which the decision is based. Certified copies of the decision shall be delivered to the owner affected by it. Notice of a decision will be served upon the parties and become a part of the record. Service may be by personal service or certified mail return receipt requested.