TITLE 12. HEALTH
TITLE 12. HEALTH
STATE BOARD OF HEALTH
Final Regulation
REGISTRAR'S NOTICE: The State Board of Health is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 12VAC5-610. Sewage Handling and Disposal Regulations (amending 12VAC5-610-599).
Statutory Authority: §§ 32.1-12 and 32.1-164 of the Code of Virginia.
Effective Date: November 18, 2026.
Agency Contact: Lance Gregory, Director, 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.
Summary:
Pursuant to Chapter 212 of the 2026 Acts of the Assembly, the amendments exempt certain agritourism activities located in Planning District 23 from the prohibition on pumping and hauling sewage on a permanent basis unless done under the auspices and supervision of a government entity.
12VAC5-610-599. Permanent pumping and hauling.
A. Pumping and hauling on a permanent basis is prohibited unless done under the auspices and supervision of a government entity as provided for in 12VAC5-610-599.3 (see subdivision 2 of 12VAC5-610-410 for exception). Pumping and hauling for over one year shall be considered as a permanent pumping and hauling operation.
B. In Planning District 23, when an agritourism activity, as that term is defined in § 3.2-6400 of the Code of Virginia, is unable to establish and maintain a connection to an existing sewer or onsite sewage system, it shall be exempt from the prohibition on pumping and hauling sewage on a permanent basis unless done under the auspices and supervision of a government entity. Any pumping and hauling exempted pursuant to this subsection shall require storage facilities and vehicle specifications to conform to Article 7 (12VAC5-610-990 et seq.) and Article 8 (12VAC5-610-1020 et seq.) of Part V of this Chapter.
VA.R. Doc. No. R27-8787; Filed September 18, 2026