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2004 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 32.1-176.4 of the Code of Virginia is amended and reenacted as follows:
§ 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 this article and any rules and regulations adopted pursuant
thereto. However, for private wells located in the Counties of James City,
Fairfax, Goochland, James City, Loudoun, Powhatan, and Prince William and
the City of Suffolk, the governing body of such county or city may, by ordinance,
establish standards which are consistent with Board standards pertaining to
location and testing of water therefrom and more stringent than those adopted
by the Board pertaining to construction and abandonment. However, any county or
city granted these additional powers shall not require certification for
drillers of monitoring wells and any recovery wells associated with such
monitoring wells.
B. A fee of forty dollars $40 shall be charged for filing an application for a
private well construction permit with the Department. Funds received in payment of such charges shall
be transmitted to the Comptroller for deposit. The funds from the fees shall be
credited to a special fund to be appropriated by the General Assembly, as it
deems necessary, to the Department for the purpose of carrying out the
provisions of this title. The Board, in its regulations, shall establish a
procedure for the waiver of fees for persons whose incomes are below the
federal poverty guidelines established by the United States Department of
Health and Human Services or when the application is for replacement of a well.
If the Department denies the permit for land on which the applicant seeks to
construct his principal place of residence, then such fee shall be refunded to
the applicant.
From such funds as are appropriated to the Department from the special fund, the Board shall apportion a share to the local or district health departments to be allocated in the same ratios as provided for the operation of such health departments pursuant to § 32.1-31. Such funds shall be transmitted to the local or district health departments on a quarterly basis.