New Regulations Active with Subsection Suspended

REF: Virginia Register of Regulations VOL. 41 ISS. 4 – October 7, 2024

The Public Comment Period was successful in communicating concerns about areas of the newly proposed Private Well Regulations as 26 comments were published.  Two main areas of concern were identified as the use of bentonite chips in grout and setback changes for irrigation wells.

Virginia Department of Health reviewed the change in the grouting process and agreed that the proposed changes were not necessary and have suspended this subsection for additional review while allowing the rest of the changes to be official.  The suspended subsection will undergo revision and another comment period to address all the concerns expressed through comments.

Subsection 12VAC5-630-410.F.6  |  SUSPENDED
As stated from Town Hall:
“This stage has been suspended on 11/4/24

Reason: Notice is hereby given that, pursuant to § 2.2-4015 A 4 of the Code of Virginia, the State Board of Health is suspending the effective date of subdivision F6 of 12VAC5-630-410 to address public comment received. This regulation was adopted by the State Board of Health on September 22, 2022 and published in 41:4 VA.R. 531-558 October 7, 2024. The State Board of Health received multiple public comments objecting to specific provisions in subsection F6 of 12VAC5-630-410. As a result, the State Health Commissioner, pursuant to her authority in § 32.1-20, readopted of subdivision F6 of 12VAC5-630-410 on November 1, 2024 on behalf of the State Board of Health with the following changes: The text beginning with “, whenever” through the end of subdivision F6a is restored. Additionally, the word “bored” is stricken from the first sentence of subdivision F6c. All words after “not exceed 20 feet” of subdivision F6c are also stricken, and all of subdivision F6d is stricken. The suspended and readopted provisions will be published in another Final stage after Executive Branch Review.

The Virginia Register of Regulations
Publication Date: 11/18/2024    Volume: 41  Issue: 7″