A. The commissioner shall establish a schedule of fees to be charged by the department charge a fee for services related to construction, maintenance, and repair or replacement of onsite sewage disposal systems, alternative discharge systems, and private wells and for appeals before the Review Board.

B. In establishing fees, the commissioner , which shall consider the actual or estimated average cost to the agency of delivering each service included in the schedule of fees.

The in accordance with the following fee schedule is hereby established:

A. An The department may not charge an owner whose family income is at or below the 2013 Poverty Income Guidelines for the 48 Contiguous States and the District of Columbia established by the Department of Health and Human Services, 78 FR 5182 (January 24, 2013), or any successor guidelines poverty guidelines, updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2), shall not be charged a fee pursuant to this chapter.

B. The department may not charge an owner whose family income is at or below 200 percent of the poverty guidelines, updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C 9902(2), an application fee fee if the application is for a pit privy or for a repair of a failing onsite or alternative discharging sewage system.

B. Any C. The department may not charge a person applying for a permit to construct a pit privy shall not be charged a fee for filing the application. an application fee.

C. Any person applying for a permit to repair an onsite sewage disposal system or alternative discharging system shall not be charged a fee for filing the application.

D. Any person applying for a construction permit for the replacement of a private well may be charged a fee for filing the application. Any application fee paid for a construction permit for a replacement well shall be refunded in full upon receipt by the department of a Uniform Water Well Completion Report, pursuant to 12VAC5-630-310, indicating that the well that was replaced has been permanently and properly abandoned or decommissioned.

E. Any D. The department may not charge a person applying for a permit to properly and permanently abandon or decommission an existing well on property that is his principal place of residence shall not be charged a fee for filing the application. an application fee.

F. Any E. The department may not charge a person who applies to renew a construction permit for an onsite sewage disposal system, alternative discharge system, or private well shall not be charged a fee for filing the application, provided that: an application fee if:

1. The site and soil conditions upon which the permit was issued have not changed;

2. The legal ownership of the property has not changed;

3. A building permit for the facility to be served by the sewage system or well has been obtained or construction of the facility has commenced;

4. No previous renewal of the permit has been granted;

5. The expiration date of the renewed permit shall be expires no later than the date 18 months following the expiration date of the original permit; and

6. Where If the construction permit is for an alternative discharging system, the permit must comply complies with 9VAC25-110, Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons per Day, issued by the State Water Control Board.

G. Any F. A person whose application for a certification letter or for a permit to construct an onsite sewage disposal system, alternative discharging system, or private well is denied may file one subsequent application for the same site-specific construction permit for which the application fee shall be waived, provided that: without paying another application fee if:

1. The subsequent application is filed within 90 days of receiving the notice of denial for the first application;

2. The denial is not currently under appeal; and

3. The application fee for the first application has not been refunded.

A. An applicant for a construction permit, repair permit, voluntary upgraded, safe, adequate, and proper evaluation, or certification letter whose application is denied may apply for a refund of the application fee. The department shall refund the application fee shall be refunded to the owner or agent, if applicable, if the department denies an application for the land upon which the owner intends to build his principal place of residence. When If the application was made for both a sewage disposal system and a private well, the department may refund both fees may be refunded at the owner's request. Any such The department shall consider the request shall be considered for refund of an application fee to be a withdrawal of the application.

B. An applicant for a construction permit, repair permit, voluntary upgrade, safe, adequate, and proper evaluation, or a certification letter may request a refund of the application fee if the applicant voluntarily withdraws his the application before the department issues the requested permit. The department shall refund the application fee will be refunded if the applicant withdraws the application is withdrawn before the department makes a site visit for the purpose of evaluating the application.

C. An applicant who has paid The department may charge an application fee for a construction permit for the replacement of a private well shall be refunded the application fee , which the department shall refund in full upon receipt by the department from the applicant of a Uniform Water Well Completion Report, pursuant to 12VAC5-630-310, showing that the well that was replaced has been properly and permanently abandoned or decommissioned.

D. All applications for refunds must be made An applicant whose application was denied or who withdrew an application may apply for a refund of the application fee to the department no later than 12 months following the date upon which the applicant receives notification that his application for a construction permit or certification letter has been denied, within 12 months following the date upon which his application was withdrawn, or within 12 months following the date upon which any appeals of the denial of the application have been concluded. after (i) the date the applicant withdrew the application, (ii) the date the applicant received notification of the denial, or (iii) if the applicant appealed the denial, the conclusion of the appeal process.

E. All applications for refunds shall be made in writing in a form approved by the department. To request a refund, an applicant shall submit the Sewage System and Private Well Application Refund Affidavit form pursuant to this section.

F. Applications that have An application that has been withdrawn are is not subject to appeal.

Sewage System and Private Well Application Refund Affidavit (eff. 12/2014)