{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-164.10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-164.10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-164.10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-164.10.html"}],"law_id":58954,"edition_id":1,"section_id":58954,"structure_id":13156,"section_number":"32.1-164.10","catch_line":"Alternative onsite sewage system general approval process","history":"2024, c. 419.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“General approval” means approval of a treatment unit that has been evaluated in accordance with the requirements of Board regulations and Department policies and approved for effluent that has been treated to a quality specified by the Board in accordance with Board regulations and Department policies.\n\t\t\t“Treatment level 3″ means effluent that has been treated to produce five-day biochemical oxygen demand and total suspended solid concentrations equal to or less than 10 milligrams per liter.\n\t\t\t“Treatment unit” means a method, technique, piece of equipment, or process other than a septic tank used to treat sewage to produce effluent of a specified quality before the effluent is dispersed to a soil treatment area.B\n\nA treatment unit that has not been field tested to evaluate treatment level 3 performance in accordance with the applicable Board regulations and Department policies for use as an alternative onsite sewage system shall be generally approved by the Department as a treatment level 3 system if:1\n\nThe treatment unit is certified to comply with NSF\/ANSI 350 – Onsite Residential and Commercial Water Reuse Treatment Systems; or2\n\nThe treatment unit is certified to comply with NSF\/ANSI 245 – Residential Wastewater Treatment Systems – Nitrogen Reduction, provided that testing indicates that treatment level 3 effluent standards are achieved, or another standardized test method determined to be acceptable by the Department, or has been tested using methods determined to be acceptable by the Department, and the following conditions are met:\n\t\t\t\ta. The treatment unit is continuously tested for a minimum of 26 weeks, with sampling conducted during all weeks of the testing period, and the treatment unit is not subjected to service, maintenance, or modification during the testing period;\n\t\t\t\tb. The average five-day carbonaceous biochemical oxygen demand concentration for a minimum of 55 effluent samples collected on discrete testing period days does not exceed 10 milligrams per liter and no single sample exceeds 25 milligrams per liter; and\n\t\t\t\tc. The average total suspended solids concentration for a minimum of 55 effluent samples collected on discrete testing period days does not exceed 10 milligrams per liter, and no single sample exceeds 30 milligrams per liter.C\n\nTreatment units that are generally approved as treatment level 3 products under subsection B shall be:1\n\nCertified by an organization accredited by the American National Standards Institute, Standards Council of Canada, International Laboratory Accreditation Cooperation, or other accreditation body determined to be acceptable by the Department; or2\n\nEvaluated by a testing organization determined to be acceptable by the Department when the treatment unit is not tested and certified under NSF\/ANSI 350, NSF\/ANSI 245, or another standard accepted by the Department.D\n\nA treatment unit approved as a treatment level 3 product under subsection B and meeting the applicable Board regulations and Department policies for use as a nitrogen-reducing alternative onsite sewage system shall be generally approved by the Department as a nitrogen-reducing treatment level 3 system.E\n\nTreatment units that are generally approved as treatment level 3 products under subsection B are subject to all Board regulations applicable to generally approved treatment level 3 units.","order_by":null,"text":{"0":{"id":216198,"text":"For the purposes of this section:\n\t\t\t“General approval” means approval of a treatment unit that has been evaluated in accordance with the requirements of Board regulations and Department policies and approved for effluent that has been treated to a quality specified by the Board in accordance with Board regulations and Department policies.\n\t\t\t“Treatment level 3″ means effluent that has been treated to produce five-day biochemical oxygen demand and total suspended solid concentrations equal to or less than 10 milligrams per liter.\n\t\t\t“Treatment unit” means a method, technique, piece of equipment, or process other than a septic tank used to treat sewage to produce effluent of a specified quality before the effluent is dispersed to a soil treatment area.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":216199,"text":"A treatment unit that has not been field tested to evaluate treatment level 3 performance in accordance with the applicable Board regulations and Department policies for use as an alternative onsite sewage system shall be generally approved by the Department as a treatment level 3 system if:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":216200,"text":"The treatment unit is certified to comply with NSF\/ANSI 350 – Onsite Residential and Commercial Water Reuse Treatment Systems; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":216201,"text":"The treatment unit is certified to comply with NSF\/ANSI 245 – Residential Wastewater Treatment Systems – Nitrogen Reduction, provided that testing indicates that treatment level 3 effluent standards are achieved, or another standardized test method determined to be acceptable by the Department, or has been tested using methods determined to be acceptable by the Department, and the following conditions are met:\n\t\t\t\ta. The treatment unit is continuously tested for a minimum of 26 weeks, with sampling conducted during all weeks of the testing period, and the treatment unit is not subjected to service, maintenance, or modification during the testing period;\n\t\t\t\tb. The average five-day carbonaceous biochemical oxygen demand concentration for a minimum of 55 effluent samples collected on discrete testing period days does not exceed 10 milligrams per liter and no single sample exceeds 25 milligrams per liter; and\n\t\t\t\tc. The average total suspended solids concentration for a minimum of 55 effluent samples collected on discrete testing period days does not exceed 10 milligrams per liter, and no single sample exceeds 30 milligrams per liter.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":216202,"text":"Treatment units that are generally approved as treatment level 3 products under subsection B shall be:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C1"},"5":{"id":216203,"text":"Certified by an organization accredited by the American National Standards Institute, Standards Council of Canada, International Laboratory Accreditation Cooperation, or other accreditation body determined to be acceptable by the Department; or","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"6":{"id":216204,"text":"Evaluated by a testing organization determined to be acceptable by the Department when the treatment unit is not tested and certified under NSF\/ANSI 350, NSF\/ANSI 245, or another standard accepted by the Department.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"7":{"id":216205,"text":"A treatment unit approved as a treatment level 3 product under subsection B and meeting the applicable Board regulations and Department policies for use as a nitrogen-reducing alternative onsite sewage system shall be generally approved by the Department as a nitrogen-reducing treatment level 3 system.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"8":{"id":216206,"text":"Treatment units that are generally approved as treatment level 3 products under subsection B are subject to all Board regulations applicable to generally approved treatment level 3 units.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-164.10\/","history_text":"

This law was first created in 2024. The record of its establishment is cataloged in chapter 419<\/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.<\/p>","references":false,"refers_to":false,"permalink":{"id":203603,"object_type":"law","relational_id":58954,"identifier":"32.1-164.10","token":"32.1\/6\/1\/32.1-164.10","url":"\/32.1-164.10\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-164.10\/","token":"32.1\/6\/1\/32.1-164.10","dublin_core":{"Title":"Alternative onsite sewage system general approval process","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-164.10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“General approval<\/span>” means approval of a treatment unit<\/span> that has been evaluated in accordance with the requirements of Board<\/span> regulations<\/span> and Department<\/span> policies and approved for effluent that has been treated to a quality specified by the Board<\/span> in accordance with Board<\/span> regulations<\/span> and Department<\/span> policies.\n\t\t\t“Treatment level 3″ means effluent that has been treated to produce five-day biochemical oxygen demand and total suspended solid concentrations equal to or less than 10 milligrams per liter.\n\t\t\t“Treatment unit<\/span>” means a method, technique, piece of equipment, or process other than a septic tank used to treat sewage<\/span> to produce effluent of a specified quality before the effluent is dispersed to a soil treatment area. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A treatment unit<\/span> that has not been field tested to evaluate treatment level 3 performance in accordance with the applicable Board<\/span> regulations<\/span> and Department<\/span> policies for use as an alternative onsite sewage system<\/span> shall be generally approved by the Department<\/span> as a treatment level 3 system if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The treatment unit<\/span> is certified to comply with NSF\/ANSI 350 – Onsite Residential and Commercial Water Reuse Treatment Systems; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The treatment unit<\/span> is certified to comply with NSF\/ANSI 245 – Residential Wastewater Treatment Systems – Nitrogen Reduction, provided that testing indicates that treatment level 3 effluent standards are achieved, or another standardized test method determined to be acceptable by the Department<\/span>, or has been tested using methods determined to be acceptable by the Department<\/span>, and the following conditions are met:\n\t\t\t\ta. The treatment unit<\/span> is continuously tested for a minimum of 26 weeks, with sampling conducted during all weeks of the testing period, and the treatment unit<\/span> is not subjected to service, maintenance<\/span>, or modification during the testing period;\n\t\t\t\tb. The average five-day carbonaceous biochemical oxygen demand concentration for a minimum of 55 effluent samples collected on discrete testing period days does not exceed 10 milligrams per liter and no single sample exceeds 25 milligrams per liter; and\n\t\t\t\tc. The average total suspended solids concentration for a minimum of 55 effluent samples collected on discrete testing period days does not exceed 10 milligrams per liter, and no single sample exceeds 30 milligrams per liter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Treatment units<\/span> that are generally approved as treatment level 3 products under subsection B shall be: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Certified by an organization accredited by the American National Standards Institute, Standards Council of Canada, International Laboratory Accreditation Cooperation, or other accreditation body determined to be acceptable by the Department<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Evaluated by a testing organization determined to be acceptable by the Department<\/span> when the treatment unit<\/span> is not tested and certified under NSF\/ANSI 350, NSF\/ANSI 245, or another standard accepted by the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A treatment unit<\/span> approved as a treatment level 3 product under subsection B and meeting the applicable Board<\/span> regulations<\/span> and Department<\/span> policies for use as a nitrogen-reducing alternative onsite sewage system<\/span> shall be generally approved by the Department<\/span> as a nitrogen-reducing treatment level 3 system. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Treatment units<\/span> that are generally approved as treatment level 3 products under subsection B are subject to all Board<\/span> regulations<\/span> applicable to generally approved treatment level 3 units. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nALTERNATIVE ONSITE SEWAGE SYSTEM GENERAL APPROVAL PROCESS (\u00a7 32.1-164.10)\n\nA. For the purposes of this section:\n\t\t\t“General approval” means approval of a treatment unit that has\nbeen evaluated in accordance with the requirements of Board regulations and\nDepartment policies and approved for effluent that has been treated to a quality\nspecified by the Board in accordance with Board regulations and Department\npolicies.\n\t\t\t“Treatment level 3″ means effluent that has been treated to\nproduce five-day biochemical oxygen demand and total suspended solid\nconcentrations equal to or less than 10 milligrams per liter.\n\t\t\t“Treatment unit” means a method, technique, piece of equipment,\nor process other than a septic tank used to treat sewage to produce effluent of\na specified quality before the effluent is dispersed to a soil treatment area.\n\nB. A treatment unit that has not been field tested to evaluate treatment level 3\nperformance in accordance with the applicable Board regulations and Department\npolicies for use as an alternative onsite sewage system shall be generally\napproved by the Department as a treatment level 3 system if:\n\n 1. The treatment unit is certified to comply with NSF\/ANSI 350 – Onsite\n Residential and Commercial Water Reuse Treatment Systems; or\n\n 2. The treatment unit is certified to comply with NSF\/ANSI 245 –\n Residential Wastewater Treatment Systems – Nitrogen Reduction, provided\n that testing indicates that treatment level 3 effluent standards are achieved,\n or another standardized test method determined to be acceptable by the\n Department, or has been tested using methods determined to be acceptable by\n the Department, and the following conditions are met:\n \t\t\t\ta. The treatment unit is continuously tested for a minimum of 26 weeks,\n with sampling conducted during all weeks of the testing period, and the\n treatment unit is not subjected to service, maintenance, or modification\n during the testing period;\n \t\t\t\tb. The average five-day carbonaceous biochemical oxygen demand\n concentration for a minimum of 55 effluent samples collected on discrete\n testing period days does not exceed 10 milligrams per liter and no single\n sample exceeds 25 milligrams per liter; and\n \t\t\t\tc. The average total suspended solids concentration for a minimum of 55\n effluent samples collected on discrete testing period days does not exceed 10\n milligrams per liter, and no single sample exceeds 30 milligrams per liter.\n\nC. Treatment units that are generally approved as treatment level 3 products\nunder subsection B shall be:\n\n 1. Certified by an organization accredited by the American National Standards\n Institute, Standards Council of Canada, International Laboratory Accreditation\n Cooperation, or other accreditation body determined to be acceptable by the\n Department; or\n\n 2. Evaluated by a testing organization determined to be acceptable by the\n Department when the treatment unit is not tested and certified under NSF\/ANSI\n 350, NSF\/ANSI 245, or another standard accepted by the Department.\n\nD. A treatment unit approved as a treatment level 3 product under subsection B\nand meeting the applicable Board regulations and Department policies for use as\na nitrogen-reducing alternative onsite sewage system shall be generally approved\nby the Department as a nitrogen-reducing treatment level 3 system.\n\nE. Treatment units that are generally approved as treatment level 3 products\nunder subsection B are subject to all Board regulations applicable to generally\napproved treatment level 3 units.\n\nHISTORY: 2024, c. 419.","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}}