A. No county, city, town, or employee thereof shall issue a permit for a building designed for human occupancy without the prior written authorization of the Commissioner or his agent. The Commissioner or his agent shall authorize the issuance of such permit upon finding that safe, adequate, and proper sewage treatment is or will be made available to such building, or upon finding that the issuance of such permit has been approved by the Review Board. "Safe, adequate, and proper" means a treatment works that complies with applicable regulations of the Board of Health that are in effect at the time of application.
B. The Commissioner shall develop an application and procedure for evaluating an installed treatment works and to determine whether to authorize issuance of a permit for a building designed for human occupancy.
C. Nothing in this section shall be construed to prevent the Commissioner or his agent from approving the use of a nonconforming treatment works, provided the treatment works was installed in accordance with the Board of Health's applicable regulations in effect at the time of its installation, is not failing, and is designed and constructed for the sewage flow and strength expected from the building.
D. Nothing in this section shall be construed to prevent an owner of real property from receiving a voluntary upgrade pursuant to § 32.1-164.1:3, or other permit, as a condition of approval as a nonconforming treatment works.
E. The Board, Commissioner, and Department may accept a certified evaluation from (i) a professional engineer licensed pursuant to Chapter 4 of Title 54.1; (ii) an onsite soil evaluator, onsite sewage system operator, or onsite sewage system installer licensed pursuant to Chapter 23 of Title 54.1; (iii) or other individual with an appropriate certification from the National Sanitation Foundation, or equivalent. The Department may perform an inspection of the certified evaluation but shall not be required to perform a field check prior to the issuance of the written authorization in subsection A.
Code 1950, § 32-9; 1954, c. 646; 1964, c. 436; 1970, c. 645; 1972, c. 775; 1979, c. 711; 1984, c. 457; 2016, c. 96.
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