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1999 SESSION

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999127722
SENATE BILL NO. 963 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Education and Health on February 4, 1999) (Patron Prior to Substitute—Senator Norment) A BILL to amend the Code of Virginia by adding a section numbered 32.1-163.5, relating to onsite sewage evaluations.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 32.1-163.5 as follows:

§ 32.1-163.5. Onsite sewage evaluations.

A. Notwithstanding other provisions of this chapter, for purposes of subdivision review, permit approval, and issuance of letters for residential development, the Board, Commissioner and Department of Health shall accept private site evaluations and designs, in compliance with the Board’s regulations for septic systems and other onsite sewage systems, designed and certified by a licensed professional engineer or a person holding a certificate as a Virginia certified professional soil scientist. The evaluations and designs included within such submissions shall be certified as complying with the Board’s regulations implementing this chapter. Nothing in this section shall authorize anyone, other than an individual licensed as a professional engineer pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1, to engage in the practice of engineering.

B. The Department shall not be required to perform a field check of private evaluations and designs prior to issuing the requested letter, permit or approval; however, the Department may conduct such review of the work and field analysis as deemed necessary to protect the public health and integrity of the Commonwealth’s environment. Within fifteen days from the date of written submission of a request for approval of a site evaluation and design for a single lot construction permit or certification letter, and within sixty days from the date of written submission of a request for approval of a site evaluation and design for multiple lot certification letters or subdivision review, the Department shall (i) issue the requested letter, permit or approval or (ii) set forth in writing the specific reasons for denial. If the Department fails to take action to approve or disapprove the designs, evaluations, or subdivision reviews within the time specified herein, the designs, evaluations or subdivision reviews shall be deemed approved and the appropriate letter, permit or approval shall be issued.

C. The provisions of this section shall not apply to any locality that has entered into a contract with the Board of Health in accordance with Chapter 678 of the 1994 Acts of Assembly.