Attorney General: Emergency state regulations preempt local AOSS ordinances

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On November 9, 2009, Virginia Attorney General Bill Mims issued an official opinion stating that the State Board of Health’s adoption of emergency regulations would trigger preemption of local government regulations of alternative onsite sewage systems (AOSS) found in some local government ordinances.

The preemption language adopted in a 2009 amendment to Virginia Code 15.2-2157 as subsections (C) and (D), states as follows....

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Published In: Administrative Agency Updates, Conflict of Laws Updates, Energy & Utilities Updates, Health Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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