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, in consultation with a licensed onsite soil evaluator, or by a licensed onsite soil evaluator. The evaluations and designs included within such submissions shall be certified as complying with the Board's regulations implementing this chapter.
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 15 working days from the date of written submission of a request for approval of a site evaluation and design for a single lot construction permit, and within 60 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. Notwithstanding any other provision of law or the provisions of any local ordinance, counties, cities and towns shall comply with the time limits set forth in this subsection.
C. 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.
D. 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 nor to a proprietary, pre-engineered septic system deemed by the Department to comply with the Board's regulations.
1999, c. 1038; 2001, c. 337; 2016, c. 90.
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