{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-163.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-163.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-163.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-163.6.html"}],"law_id":83571,"edition_id":1,"section_id":83571,"structure_id":13156,"section_number":"32.1-163.6","catch_line":"Professional engineering of onsite treatment works","history":"2008, c. 515; 2009, cc. 97, 220, 296.","full_text":"A\n\nNotwithstanding other provisions of this chapter, for purposes of permit approval, the Board, Commissioner, and Department of Health shall accept treatment works designs from 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, (ii) reflect that degree of skill and care ordinarily exercised by licensed members of the engineering profession practicing at the time of performance, (iii) be appropriate for the particular soil characteristics of the site, and (iv) ensure that the treatment works will meet or exceed the discharge, effluent, and surface and ground water quality standards for systems otherwise permitted pursuant to the regulations implementing this chapter.B\n\nThe 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.C\n\nWithin 21 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.D\n\nThe 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.E\n\nWhen the Department denies an application pursuant to subsection D, 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 D. 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.F\n\nWhen 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.G\n\nThis 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.H\n\nThis 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.I\n\nAll treatment works designs permitted pursuant to this section shall comply with operation, maintenance, and monitoring requirements as set forth in regulations implementing this chapter.","order_by":null,"text":{"0":{"id":299487,"text":"Notwithstanding other provisions of this chapter, for purposes of permit approval, the Board, Commissioner, and Department of Health shall accept treatment works designs from 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, (ii) reflect that degree of skill and care ordinarily exercised by licensed members of the engineering profession practicing at the time of performance, (iii) be appropriate for the particular soil characteristics of the site, and (iv) ensure that the treatment works will meet or exceed the discharge, effluent, and surface and ground water quality standards for systems otherwise permitted pursuant to the regulations implementing this chapter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":299488,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":299489,"text":"Within 21 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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":299490,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":299491,"text":"When the Department denies an application pursuant to subsection D, 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 D. 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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":299492,"text":"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.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":299493,"text":"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.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":299494,"text":"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.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":299495,"text":"All treatment works designs permitted pursuant to this section shall comply with operation, maintenance, and monitoring requirements as set forth in regulations implementing this chapter.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":13156,"edition_id":1,"name":"Sewage Disposal","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12941,"metadata":{},"date_created":"2026-06-26 03:44:22","date_modified":"2026-06-26 03:44:22","permalink":{"id":203565,"object_type":"structure","relational_id":13156,"identifier":"1","token":"32.1\/6\/1","url":"\/32.1\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12941,"edition_id":1,"name":"Environmental Health Services","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":203563,"object_type":"structure","relational_id":12941,"identifier":"6","token":"32.1\/6","url":"\/32.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64577,"structure_id":13156,"section_number":"32.1-163","catch_line":"Definitions","url":"\/32.1-163\/","token":"32.1\/6\/1\/32.1-163","metadata":false},{"id":54177,"structure_id":13156,"section_number":"32.1-163.1","catch_line":"Personal liability of sanitarians defined","url":"\/32.1-163.1\/","token":"32.1\/6\/1\/32.1-163.1","metadata":false},{"id":71587,"structure_id":13156,"section_number":"32.1-163.2","catch_line":"Long range plan for onsite sewage","url":"\/32.1-163.2\/","token":"32.1\/6\/1\/32.1-163.2","metadata":false},{"id":58627,"structure_id":13156,"section_number":"32.1-163.3","catch_line":"Identities of persons making certain reports to remain confidential","url":"\/32.1-163.3\/","token":"32.1\/6\/1\/32.1-163.3","metadata":false},{"id":75697,"structure_id":13156,"section_number":"32.1-163.4","catch_line":"Procedures for application backlogs; individuals approved to conduct evaluations for septic system or other onsite sewage system permit applications","url":"\/32.1-163.4\/","token":"32.1\/6\/1\/32.1-163.4","metadata":false},{"id":65435,"structure_id":13156,"section_number":"32.1-163.5","catch_line":"Onsite sewage evaluations","url":"\/32.1-163.5\/","token":"32.1\/6\/1\/32.1-163.5","metadata":false},{"id":83571,"structure_id":13156,"section_number":"32.1-163.6","catch_line":"Professional engineering of onsite treatment works","url":"\/32.1-163.6\/","token":"32.1\/6\/1\/32.1-163.6","metadata":false},{"id":66759,"structure_id":13156,"section_number":"32.1-164","catch_line":"Powers and duties of Board; regulations; fees; onsite soil evaluators; letters in lieu of permits; inspections; civil penalties","url":"\/32.1-164\/","token":"32.1\/6\/1\/32.1-164","metadata":false},{"id":74693,"structure_id":13156,"section_number":"32.1-164.1","catch_line":"Appeals from denials of septic tank permits; inspections","url":"\/32.1-164.1\/","token":"32.1\/6\/1\/32.1-164.1","metadata":false},{"id":58954,"structure_id":13156,"section_number":"32.1-164.10","catch_line":"Alternative onsite sewage system general approval process","url":"\/32.1-164.10\/","token":"32.1\/6\/1\/32.1-164.10","metadata":false},{"id":81724,"structure_id":13156,"section_number":"32.1-164.1:01","catch_line":"Onsite Sewage Indemnification Fund","url":"\/32.1-164.1_01\/","token":"32.1\/6\/1\/32.1-164.1_01","metadata":false},{"id":69017,"structure_id":13156,"section_number":"32.1-164.1:1","catch_line":"Validity of certain septic tank permits","url":"\/32.1-164.1_1\/","token":"32.1\/6\/1\/32.1-164.1_1","metadata":false},{"id":82687,"structure_id":13156,"section_number":"32.1-164.1:2","catch_line":"Eligibility for betterment loans to repair or replace failing onsite sewage systems","url":"\/32.1-164.1_2\/","token":"32.1\/6\/1\/32.1-164.1_2","metadata":false},{"id":63246,"structure_id":13156,"section_number":"32.1-164.1:3","catch_line":"Permits for voluntary system upgrades","url":"\/32.1-164.1_3\/","token":"32.1\/6\/1\/32.1-164.1_3","metadata":false},{"id":75897,"structure_id":13156,"section_number":"32.1-164.2","catch_line":"Repealed","url":"\/32.1-164.2\/","token":"32.1\/6\/1\/32.1-164.2","metadata":false},{"id":77141,"structure_id":13156,"section_number":"32.1-164.8","catch_line":"Onsite Operation and Maintenance Fund established","url":"\/32.1-164.8\/","token":"32.1\/6\/1\/32.1-164.8","metadata":false},{"id":54654,"structure_id":13156,"section_number":"32.1-164.9","catch_line":"Regulations for chamber and bundled expanded polystyrene effluent distribution systems for onsite sewage systems","url":"\/32.1-164.9\/","token":"32.1\/6\/1\/32.1-164.9","metadata":false},{"id":86519,"structure_id":13156,"section_number":"32.1-165","catch_line":"Prior approval required before issuance of building permit; approved sewage system or nonconforming system","url":"\/32.1-165\/","token":"32.1\/6\/1\/32.1-165","metadata":false},{"id":64941,"structure_id":13156,"section_number":"32.1-166","catch_line":"Agreements with federal agencies","url":"\/32.1-166\/","token":"32.1\/6\/1\/32.1-166","metadata":false}],"previous_section":{"id":65435,"structure_id":13156,"section_number":"32.1-163.5","catch_line":"Onsite sewage evaluations","url":"\/32.1-163.5\/","token":"32.1\/6\/1\/32.1-163.5","metadata":false},"next_section":{"id":66759,"structure_id":13156,"section_number":"32.1-164","catch_line":"Powers and duties of Board; regulations; fees; onsite soil evaluators; letters in lieu of permits; inspections; civil penalties","url":"\/32.1-164\/","token":"32.1\/6\/1\/32.1-164","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-163.6\/","history_text":"

This law was first created in 2008. The record of its establishment is cataloged in chapter 515<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2009, chapters 97<\/a>, 220<\/a>, and 296<\/a>.<\/p>","references":false,"refers_to":[{"id":71724,"section_number":"15.2-2100","catch_line":"Restrictions on selling certain municipal public property and granting franchises","order_by":null,"url":"\/15.2-2100\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":83688,"section_number":"2.2-4001","catch_line":"Definitions","order_by":null,"url":"\/2.2-4001\/"},{"id":74693,"section_number":"32.1-164.1","catch_line":"Appeals from denials of septic tank permits; inspections","order_by":null,"url":"\/32.1-164.1\/"},{"id":76379,"section_number":"54.1-400","catch_line":"Definitions","order_by":null,"url":"\/54.1-400\/"}],"permalink":{"id":203591,"object_type":"law","relational_id":83571,"identifier":"32.1-163.6","token":"32.1\/6\/1\/32.1-163.6","url":"\/32.1-163.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-163.6\/","token":"32.1\/6\/1\/32.1-163.6","dublin_core":{"Title":"Professional engineering of onsite treatment works","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-163.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding other provisions of this chapter, for purposes of permit approval, the Board<\/span>, Commissioner<\/span>, and Department<\/span> of Health shall accept treatment works<\/span> designs from individuals licensed as professional engineers pursuant to Chapter 4 (§ 54.1-400<\/a> et seq.) of Title 54.1. The designs shall (i) be compliant with standard engineering practice and performance requirements established by the Board<\/span> and those horizontal setback requirements necessary to protect the public health and the environment, (ii) reflect that degree of skill and care ordinarily exercised by licensed members of the engineering profession practicing at the time of performance, (iii) be appropriate for the particular soil characteristics of the site, and (iv) ensure that the treatment works<\/span> will meet or exceed the discharge, effluent, and surface and ground water quality standards for systems otherwise permitted pursuant to the regulations<\/span> implementing this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Within 21 calendar days from the date of application for treatment works<\/span> sized at 1,000 gallons per day or smaller, and within 60 calendar days from the date of application for treatment works<\/span> sized at more than 1,000 gallons per day, the Department<\/span> shall (i) issue<\/span> the requested approval, or (ii) set forth in writing the specific reasons for denial. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> shall establish an engineering design review panel<\/span> to review the Department<\/span>’s decision to disapprove an onsite sewage<\/span> system design. The Commissioner<\/span> shall appoint four individuals licensed as professional engineers pursuant to Chapter 4 (§ 54.1-400<\/a> et seq.) of Title 54.1 with expertise in onsite sewage<\/span> systems to serve on the engineering design review panel<\/span> with (i) one representing the Department<\/span> of Health, (ii) one representing the Department<\/span> 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<\/span> shall appoint another individual licensed as a professional engineer pursuant to Chapter 4 (§ 54.1-400<\/a> et seq.) of Title 54.1 with expertise in onsite sewage<\/span> systems. The members of the design review panel<\/span> shall appoint a member to serve as Chairman. The design review panel<\/span> shall be designated a subordinate, as defined in § 2.2-4001<\/a>, and shall meet as necessary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> When the Department<\/span> denies an application pursuant to subsection D, the owner<\/span> may appeal<\/span> that decision in accordance with § 32.1-164.1<\/a>. Alternatively, the owner<\/span>, or the professional engineer responsible for an onsite sewage<\/span> system design with the owner<\/span>’s written consent, may request an informal fact<\/span>-finding<\/span> conference before the engineering design review panel<\/span> established in subsection D. The request must (i) be in writing, (ii) be received by the Commissioner<\/span> within 30 days of the professional engineer’s receipt of the Department<\/span>’s denial, and (iii) cite the reason or reasons for the request. The informal fact<\/span>-finding<\/span> conference shall be held within 45 calendar days of the request. The proceedings of the engineering design review panel<\/span> shall be governed by the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.). Within 30 days following its receipt of the engineering review panel<\/span>’s written recommendations, the Department<\/span> shall consider the recommendations of the engineering design review panel<\/span> and approve the application or re-affirm<\/span> its denial. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> When the Department<\/span> denies an application following review by the engineering design review panel<\/span>, the owner<\/span> may appeal<\/span> that decision in accordance with § 32.1-164.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> This section shall not be construed to require an owner<\/span> to seek review by the engineering design review panel<\/span> before appealing a permit denial pursuant to § 32.1-164.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> This section shall not be construed to prohibit any locality from adopting or enforcing any ordinance<\/span> duly enacted pursuant to Chapter 21 (§ 15.2-2100<\/a> et seq.) of Title 15.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> All treatment works<\/span> designs permitted pursuant to this section shall comply with operation<\/span>, maintenance<\/span>, and monitoring requirements as set forth in regulations<\/span> implementing this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROFESSIONAL ENGINEERING OF ONSITE TREATMENT WORKS (\u00a7 32.1-163.6)\n\nA. Notwithstanding other provisions of this chapter, for purposes of permit\napproval, the Board, Commissioner, and Department of Health shall accept\ntreatment works designs from individuals licensed as professional engineers\npursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1. The designs shall\n(i) be compliant with standard engineering practice and performance requirements\nestablished by the Board and those horizontal setback requirements necessary to\nprotect the public health and the environment, (ii) reflect that degree of skill\nand care ordinarily exercised by licensed members of the engineering profession\npracticing at the time of performance, (iii) be appropriate for the particular\nsoil characteristics of the site, and (iv) ensure that the treatment works will\nmeet or exceed the discharge, effluent, and surface and ground water quality\nstandards for systems otherwise permitted pursuant to the regulations\nimplementing this chapter.\n\nB. The Department may conduct such review of the work and field analysis as\ndeemed necessary to protect the public health and integrity of the\nCommonwealth’s environment.\n\nC. Within 21 calendar days from the date of application for treatment works\nsized at 1,000 gallons per day or smaller, and within 60 calendar days from the\ndate of application for treatment works sized at more than 1,000 gallons per\nday, the Department shall (i) issue the requested approval, or (ii) set forth in\nwriting the specific reasons for denial.\n\nD. The Department shall establish an engineering design review panel to review\nthe Department’s decision to disapprove an onsite sewage system design.\nThe Commissioner shall appoint four individuals licensed as professional\nengineers pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 with\nexpertise in onsite sewage systems to serve on the engineering design review\npanel with (i) one representing the Department of Health, (ii) one representing\nthe Department of Environmental Quality, (iii) one representing the Virginia\nSociety of Professional Engineers, and (iv) one representing the American\nCouncil of Engineering Companies of Virginia. If a state agency is unable to\nprovide a representative in accordance with this subsection, the Commissioner\nshall appoint another individual licensed as a professional engineer pursuant to\nChapter 4 (§ 54.1-400 et seq.) of Title 54.1 with expertise in onsite\nsewage systems. The members of the design review panel shall appoint a member to\nserve as Chairman. The design review panel shall be designated a subordinate, as\ndefined in § 2.2-4001, and shall meet as necessary.\n\nE. When the Department denies an application pursuant to subsection D, the owner\nmay appeal that decision in accordance with § 32.1-164.1. Alternatively,\nthe owner, or the professional engineer responsible for an onsite sewage system\ndesign with the owner’s written consent, may request an informal\nfact-finding conference before the engineering design review panel established\nin subsection D. The request must (i) be in writing, (ii) be received by the\nCommissioner within 30 days of the professional engineer’s receipt of the\nDepartment’s denial, and (iii) cite the reason or reasons for the request.\nThe informal fact-finding conference shall be held within 45 calendar days of\nthe request. The proceedings of the engineering design review panel shall be\ngoverned by the provisions of the Administrative Process Act (§ 2.2-4000 et\nseq.). Within 30 days following its receipt of the engineering review\npanel’s written recommendations, the Department shall consider the\nrecommendations of the engineering design review panel and approve the\napplication or re-affirm its denial.\n\nF. When the Department denies an application following review by the engineering\ndesign review panel, the owner may appeal that decision in accordance with\n§ 32.1-164.1.\n\nG. This section shall not be construed to require an owner to seek review by the\nengineering design review panel before appealing a permit denial pursuant to\n§ 32.1-164.1.\n\nH. This section shall not be construed to prohibit any locality from adopting or\nenforcing any ordinance duly enacted pursuant to Chapter 21 (§ 15.2-2100 et\nseq.) of Title 15.2.\n\nI. All treatment works designs permitted pursuant to this section shall comply\nwith operation, maintenance, and monitoring requirements as set forth in\nregulations implementing this chapter.\n\nHISTORY: 2008, c. 515; 2009, cc. 97, 220, 296.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}