A. The Board shall establish a betterment loan eligibility program to assist owners with the repair, replacement, or upgrade of failing or noncompliant onsite sewage systems, and the Board may identify sources for betterment loans to be provided by private lenders, directly or through conduit lenders. In addition, owners may also apply to the Department for betterment loan eligibility to upgrade an onsite or alternative discharging sewage system that is not failing, provided such upgrade is for the purposes of reducing threats to public health, and ground and surface waters, including the reduction of nitrogen discharges.
B. Upon determination by the Department that the owner has one or more onsite sewage systems that are out of compliance with those regulations promulgated pursuant to this chapter, or in need of repair or replacement, the owner shall follow the requirements in the Board's regulations to initiate the repair or replacement of such systems. If the owner desires to be qualified by the Department to receive a betterment loan, at any time before the repair or replacement is completed, he shall provide the Department with an estimate of the approximate cost of such remedial work, which the Department shall accept. The issuance of a permit by the Department to repair or replace an onsite sewage system, combined with an estimate provided by the owner to the Department, shall demonstrate eligibility for a betterment loan. Upon a determination of eligibility, the Department shall notify the owner in writing. If the Department refuses the request for an eligibility letter, the owner may appeal the refusal to the State Health Department Sewage Handling and Disposal Appeal Review Board. It shall be the sole responsibility of the owner to secure the betterment loan from or through a private lender. Local health departments may provide a list of lenders available for this purpose. Nothing in this section shall be construed as allowing construction or modification of an onsite or alternative discharging sewage system without a permit issued by the Department.
C. Betterment loans made pursuant to this section shall be recorded in the deed book of the circuit court clerk's office for the locality in which the land is located and an abstract of the loan and betterment loan eligibility letter issued by the Department shall be indexed in the name of the owner. Betterment loans made pursuant to this section may be recorded in increments by the private lender as the repair or replacement of the onsite sewage system is completed, provided that in no event shall the total amount recorded exceed the estimate provided to the Department, without the Department approving an amendment to the repair permit, and issuing a revised betterment loan eligibility letter. The Department may, subject to appropriate waivers for economic hardship, charge the owner a fee not to exceed $50 for each betterment loan eligibility letter request made by an owner. The Department may require that the owner or private lender provide the Department with proof that any betterment loan has been recorded in the deed book of the circuit court clerk's office for the locality in which the land is located.
The incurrence of a betterment loan pursuant to this section shall not be considered a breach of limitation or prohibition contained in a note, mortgage or contract on the transfer of an interest in the owner's property.
D. Where agreeable to the private lender and the conduit lender, if any, a locality may act as the collection agent for the payments made by the owner on a betterment loan. Any such payments collected by the locality shall be deemed to be held in trust by the locality for benefit of the private lender and conduit issuer, if any. The locality may receive a fee payable by the private lender or conduit loan provider, if any, for such service not to exceed one-eighth of one percent of the payments collected.
2009, c. 829.
Structure Code of Virginia
Chapter 6 - Environmental Health Services
§ 32.1-163.1. Personal liability of sanitarians defined
§ 32.1-163.2. Long range plan for onsite sewage
§ 32.1-163.3. Identities of persons making certain reports to remain confidential
§ 32.1-163.5. Onsite sewage evaluations
§ 32.1-163.6. Professional engineering of onsite treatment works
§ 32.1-164.1. Appeals from denials of septic tank permits; inspections
§ 32.1-164.1:01. Onsite Sewage Indemnification Fund
§ 32.1-164.1:1. Validity of certain septic tank permits
§ 32.1-164.1:2. Eligibility for betterment loans to repair or replace failing onsite sewage systems
§ 32.1-164.1:3. Permits for voluntary system upgrades
§ 32.1-164.8. Onsite Operation and Maintenance Fund established
§ 32.1-166. Agreements with federal agencies
§ 32.1-166.1. Review Board; members
§ 32.1-166.2. Officers; secretary
§ 32.1-166.6. Review Board to hear appeals
§ 32.1-166.7. Subpoenas; witnesses; designation of subordinates
§ 32.1-166.8. Record of decisions
§ 32.1-166.9. Interpretation of application of regulations; recommendation of modifications
§ 32.1-169. Supervision by Board
§ 32.1-171. Technical assistance as to sources and purity
§ 32.1-171.2. Water Supply Assistance Grant Fund established
§ 32.1-173. Additional or amended permits
§ 32.1-173.1. Increase in charges to finance required changes
§ 32.1-174. Revocation of permits
§ 32.1-174.1. Bonds of permit holders
§ 32.1-174.2. Duties of electric utilities
§ 32.1-174.4. Identification and elimination of chronically noncompliant waterworks
§ 32.1-175. Emergency orders; appeal
§ 32.1-175.01. Issuance of special orders
§ 32.1-175.1. Notice to local government
§ 32.1-176.2. Findings and policy
§ 32.1-176.4. Powers and duties of Board and Department; regulations; fees
§ 32.1-176.5. Construction permit; local government authority to require analysis of water
§ 32.1-176.5:1. Department to test for oil contamination; maintain lists of private laboratories
§ 32.1-176.5:2. Prohibition on private well construction
§ 32.1-176.7. Other agencies to cooperate with Department
§ 32.1-176.8:1. Private well and public water supply well testing near coal ash ponds; monitoring
§ 32.1-187. Counties, cities and towns may create mosquito control districts
§ 32.1-188. Consolidation of districts
§ 32.1-189. Mosquito control commission; composition; appointment of members
§ 32.1-190. Powers of commission; oath and terms of members; vacancies
§ 32.1-191. Secretary of commission
§ 32.1-192. Further powers of commission
§ 32.1-194. Special tax authorized
§ 32.1-195. Contributions from Board
§ 32.1-196. Disposition of funds not needed for mosquito control
§ 32.1-197. Compensation and expenses of members of commission
§ 32.1-201. Free access to certain toilet facilities
§ 32.1-202. Power of counties, cities and towns not limited
§ 32.1-204. Notice of intention to construct, etc., camp
§ 32.1-206. Application for permit
§ 32.1-207. Inspection; issuance of permit; permits nontransferable
§ 32.1-208. Provisional permits
§ 32.1-209. Denial, revocation or suspension of permits
§ 32.1-210. Camp operator's responsibilities
§ 32.1-213. Shoddy, secondhand filling material, feathers, animal hair and down to be sanitized
§ 32.1-214. New animal hair, feathers and down to be sterilized
§ 32.1-215. Disposal restricted
§ 32.1-216. Permit for use of process to sanitize or sterilize
§ 32.1-220. Same; filling material
§ 32.1-221. Offenses as to tags
§ 32.1-222. Return of improperly tagged items; payment of costs of return; failure to pay costs
§ 32.1-223. New and sanitized items to be kept separate
§ 32.1-226. Violation a misdemeanor; application of the Virginia Consumer Protection Act
§ 32.1-228.1. Department designated state radiation control agency; powers and duties
§ 32.1-229. Powers and duties of the Board
§ 32.1-229.01:1. Action for damages
§ 32.1-229.2. Costs of inspection conducted by Health Department; fees to be used to support program
§ 32.1-229.3. Licensing of radioactive material
§ 32.1-230. Further powers of Board
§ 32.1-231. Bonds of licensees
§ 32.1-232. Radioactive Material Perpetual Care Trust Fund
§ 32.1-232.1. Special Trust Fund for Radioactive Materials Facility Licensure and Inspection created
§ 32.1-233. Radiation Advisory Board; composition; duties generally
§ 32.1-237. Effect upon local ordinances, etc.
§ 32.1-238. Impounding sources of ionizing radiation
§ 32.1-240. Department designated state toxic substance information agency
§ 32.1-241. Powers and duties of Board
§ 32.1-243. State agencies directed to cooperate with and furnish information to Board
§ 32.1-246.1. Signs or notices required on dump stations
§ 32.1-248. Closing of waters; modification or revocation of regulation or order
§ 32.1-248.01. Fish consumption advisories
§ 32.1-248.1. Posting of water quality test results by certain recreational facilities
§ 32.1-248.2. Use of rainwater and reuse of gray water; regulations
§ 32.1-248.3. Environmental Health Education and Training Fund