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Developed and maintained by the Division of Legislative Automated Systems.
1999 SESSION
991209208Whereas, in 1983, Thomas A. Garrett began negotiating for the purchase of a 94-plus acre tract of land in Louisa County, Virginia; and
Whereas, prior to purchasing the property, Garrett was concerned about the suitability of four sites on the property for the construction of a residence, including the need for a sewage system; and
Whereas, the Department of Health informed Garrett and the owner of the property that all of the sites were marginal and that before any of the sites could be approved, the soils would have to be examined by a soil scientist; and
Whereas, the Department further stated that since the soils at the sites were the same, if a soil scientist approved one of the sites then all of the sites would be approved; and
Whereas, a soil scientist examined and approved only one of the sites; and
Whereas, Garrett relied on the Department’s prior statement that the remaining sites would be suitable for a sewage system; and
Whereas, Garrett proceeded to purchase the 50 acres of the property with an option on the remaining 44-plus acres; and
Whereas, in 1984, prior to exercising the option to purchase the additional 44-plus acres, Garrett applied for and was issued a permit by the Department of Health for a sewage system for one of the four sites approved in 1983 and located on the additional tract; and
Whereas, in January of 1986, Garrett exercised his option on the additional tract; and
Whereas, on March 26, 1987, the Department renewed the permit; and
Whereas, in September of 1989, Garrett attempted to renew the permit again but was informed by employees of the Department that the continued renewal was not required; and
Whereas, in September of 1997, Garrett discovered that a new permit for a sewage system was required; and
Whereas, the Department subsequently denied the permit; and
Whereas, Garrett requested an informal hearing on the denial which was held on December 19, 1997; and
Whereas, the informal hearing upheld the denial; and
Whereas, prior to scheduling a formal hearing, the Department and Garrett made several attempts to reach a mutually agreeable settlement concerning the issuance of the permit; and
Whereas, Garrett accepted an option which required him to obtain a variance from the regulations, after which the Department would issue a permit for the installation of a sand filter septic system at a specified site on the property; and
Whereas, the cost of the system and related installation and maintenance is $15,000; and
Whereas, the former Commissioner for the Department stated that the Department would cover the cost to install the system; and
Whereas, the former Commissioner reversed the position of the Department and stated that the costs to install the system would not be covered; and
Whereas, Garrett relied upon statements made by employees of the Department prior to the initial purchase of the first tract and prior to exercising his option on the additional tract regarding the suitability of the property for the installation of a conventional sewage system; and
Whereas, Garrett further relied upon statements made by the former Commissioner regarding the settlement of the issue; and
Whereas, Garrett has already obtained the variance and initiated the process to install the sand filter system; and
Whereas, Thomas A. Garrett has no other means to obtain relief except by action of this body; now, therefore,
Be it enacted by the General Assembly of Virginia:
1. § 1. That there is hereby appropriated from the general fund [ of the
state treasury appropriation to the Department of Health ] the sum of $15,000
for the relief of Thomas A. Garrett, to be paid by check issued by the State Treasurer on warrant of the
Comptroller upon execution of a release of all claims he may have against the Commonwealth or any agency,
instrumentality, officer, employee or political subdivision in connection with
the aforesaid occurrence.