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Developed and maintained by the Division of Legislative Automated Systems.
2009 SESSION
098759308Be it enacted by the General Assembly of Virginia:
1. That § 32.1-163.6 of the Code of Virginia is amended and reenacted as follows:
§ 32.1-163.6. Professional engineering of onsite treatment works.
A. Notwithstanding other provisions of this chapter,
for purposes of permit approval, the Board, Commissioner, and
Department of Health shall accept treatment works designs from submitted by individuals licensed as
professional engineers pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title
54.1. The designs shall (i) be compliant with standard
engineering practice and performance requirements established by the Board
and those horizontal setback requirements necessary to protect the public health
and the environment, and (ii) reflect that degree of skill and
care ordinarily exercised by licensed members of the engineering profession
practicing at the time of performance.
B. For purposes of permit review and approval, submissions for treatment works designs proposed under this section shall:
1. Be certified as complying with the Board's regulations implementing this chapter; or
2. Be subject to the following requirements:
a. The design proposal shall comply with those performance requirements, effluent quality requirements, and horizontal setback requirements established by the Board that are necessary to protect public health and the environment. Additionally, when the Commissioner finds that new or unconventional methods, processes, equipment, or systems have been tested and have performed satisfactorily, the proposed design shall reflect the Commissioner's findings;
b. The design proposal shall include a form designed by the Department that shall be signed by both the designing engineer and the owner and contain (i) an acknowledgement that the proposed treatment works design does not meet the Board's regulations implementing this chapter and is instead based upon the engineer's professional judgment; (ii) a list of all variances from the Board's regulations implementing this chapter and the engineer's justification for each variance based on accepted principles of engineering; (iii) any known limitations of the treatment works design; (iv) an abatement plan if the treatment works is later deemed non-compliant; (v) a reference to and description of any applicable treatment works equipment warranties; (vi) a statement that an operation and maintenance manual for the treatment works has been provided to the owner; and (vii) disclosure as to whether the designing engineer is covered by professional liability insurance, bond, or any other type of insurance;
c. Following installation, the owner shall have the site of the treatment works inspected and monitored through performance sampling of effluent quality or groundwater, in a manner and frequency determined by the Department to be sufficient to demonstrate that the system is functioning as designed, that the public health and the environment are protected, and there is no resulting pollution of the groundwater. The engineer shall maintain a current list of all installations made under this provision and all related field reports and field monitoring data. Engineers shall make this information available to the Department upon request; and
d. The engineer shall submit a complete copy of the design proposal to the owner at the same time it is submitted for permit review.
C. The Department may conduct such
review of the work and field analysistreatment
works designed under this section as deemed necessary to protect
the public health and integrity of the Commonwealth'sthe
environment, and to prevent pollution of the groundwater.
CD.
Within 2130
calendar days from the date of application for treatment works sized at 1,000
gallons per day or smaller, and within 60 calendar days from the date of
application for treatment works sized at more than 1,000 gallons per day, the
Department shall (i) issue the requested approval, or
(ii) set forth in writing the specific reasons for denial, or (iii) set forth
in writing specific additional information that is needed to review the
application.
DE. The
Department shall establish an engineering design review panel to review the
Department's decision to disapprove an onsite sewage system design. The
Commissioner shall appoint four individuals licensed as professional engineers
pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 with expertise in
onsite sewage systems to serve on the engineering design review panel with (i)
one representing the Department of Health, (ii) one representing the Department
of Environmental Quality, (iii) one representing the Virginia Society of
Professional Engineers, and (iv) one representing the American Council of
Engineering Companies of Virginia. If a state agency is unable to provide a
representative in accordance with this subsection, the Commissioner shall
appoint another individual licensed as a professional engineer pursuant to
Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 with expertise in onsite sewage
systems. The members of the design review panel shall appoint a member to serve
as Chairman. The design review panel shall be designated a subordinate, as
defined in § 2.2-4001, and shall meet as necessary.
EF. When
the Department denies an application pursuant to subsection CD,
the owner may appeal that decision in accordance with § 32.1-164.1.
Alternatively, the owner, or the professional engineer responsible for an
onsite sewage system design with the owner's written consent, may request an
informal fact-finding conference before the engineering design review panel
established in subsection DE. The
request must (i) be in writing, (ii) be received by the Commissioner within 30
days of the professional engineer's receipt of the Department's denial, and
(iii) cite the reason or reasons for the request. The informal fact-finding
conference shall be held within 45 calendar days of the request. The
proceedings of the engineering design review panel shall be governed by the
provisions of the Administrative Process Act (§ 2.2-4000 et seq.). Within 30
days following its receipt of the engineering review panel's written
recommendations, the Department shall consider the recommendations of the
engineering design review panel and approve the application or re-affirm its
denial.
FG. When
the Department denies an application following review by the engineering design
review panel, the owner may appeal that decision in accordance with §
32.1-164.1.
GH. This
section shall not be construed to require an owner to seek review by the
engineering design review panel before appealing a permit denial pursuant to §
32.1-164.1.
HI. This
section shall not be construed to prohibit any locality from adopting or
enforcing any ordinance duly enacted pursuant to Chapter 21 (§ 15.2-2100 et
seq.) of Title 15.2.