{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-164.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-164.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-164.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-164.html"}],"law_id":66759,"edition_id":1,"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","history":"Code 1950, \u00a7 32-9; 1954, c. 646; 1964, c. 436; 1970, c. 645; 1972, c. 775; 1979, c. 711; 1986, c. 401; 1988, c. 203; 1990, cc. 438, 861, 869; 1994, c. 747; 1999, c. 871; 2003, c. 614; 2007, cc. 514, 892, 924; 2009, cc. 695, 747; 2021, Sp. Sess. I, c. 382; 2022, c. 486.","full_text":"A\n\nThe Board shall have supervision and control over the safe and sanitary collection, conveyance, transportation, treatment, and disposal of sewage by onsite sewage systems and alternative discharging sewage systems, and treatment works as they affect the public health and welfare. The Board shall also have supervision and control over the maintenance, inspection, and reuse of alternative onsite sewage systems as they affect the public health and welfare. In discharging the responsibility to supervise and control the safe and sanitary treatment and disposal of sewage as they affect the public health and welfare, the Board shall exercise due diligence to protect the quality of both surface water and ground water. Upon the final adoption of a general Virginia Pollutant Discharge Elimination permit by the State Water Control Board, the Board of Health shall assume the responsibility for permitting alternative discharging sewage systems as defined in § 32.1-163. All such permits shall comply with the applicable regulations of the State Water Control Board and be registered with the State Water Control Board.\n\t\t\tIn the exercise of its duty to supervise and control the treatment and disposal of sewage, the Board shall require and the Department shall conduct regular inspections of alternative discharging sewage systems. The Board shall also establish requirements for maintenance contracts for alternative discharging sewage systems. The Board may require, as a condition for issuing a permit to operate an alternative discharging sewage system, that the applicant present an executed maintenance contract. Such contract shall be maintained for the life of any general Virginia Pollutant Discharge Elimination System permit issued by the State Water Control Board.B\n\nThe regulations of the Board shall govern the collection, conveyance, transportation, treatment and disposal of sewage by onsite sewage systems and alternative discharging sewage systems and the maintenance, inspection, and reuse of alternative onsite sewage systems. Such regulations shall be designed to protect the public health and promote the public welfare and may include, without limitation:1\n\nA requirement that the owner obtain a permit from the Commissioner prior to the construction, installation, modification or operation of a sewerage system or treatment works except in those instances where a permit is required pursuant to Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1.2\n\nCriteria for the granting or denial of such permits.3\n\nStandards for the design, construction, installation, modification and operation of sewerage systems and treatment works for permits issued by the Commissioner.4\n\nStandards governing disposal of sewage on or in soils.5\n\nStandards specifying the minimum distance between sewerage systems or treatment works and:\n\t\t\t\ta. Public and private wells supplying water for human consumption,\n\t\t\t\tb. Lakes and other impounded waters,\n\t\t\t\tc. Streams and rivers,\n\t\t\t\td. Shellfish waters,\n\t\t\t\te. Ground waters,\n\t\t\t\tf. Areas and places of human habitation,\n\t\t\t\tg. Property lines.6\n\nStandards as to the adequacy of an approved water supply.7\n\nStandards governing the transportation of sewage.8\n\nA prohibition against the discharge of untreated sewage onto land or into waters of the Commonwealth.9\n\nA requirement that such residences, buildings, structures and other places designed for human occupancy as the Board may prescribe be provided with a sewerage system or treatment works.10\n\nCriteria for determining the demonstrated ability of alternative onsite systems, which are not permitted through the then current sewage handling and disposal regulations, to treat and dispose of sewage as effectively as approved methods.11\n\nStandards for inspections of and requirements for maintenance contracts for alternative discharging sewage systems.12\n\nNotwithstanding the provisions of subdivision 1 above and Chapter 3.1 of Title 62.1, a requirement that the owner obtain a permit from the Commissioner prior to the construction, installation, modification, or operation of an alternative discharging sewage system as defined in § 32.1-163.13\n\nCriteria for granting, denying, and revoking of permits for alternative discharging sewage systems.14\n\nProcedures for issuing letters recognizing onsite sewage sites in lieu of issuing onsite sewage system permits.15\n\nPerformance requirements for nitrogen discharged from alternative onsite sewage systems that protect public health and ground and surface water quality.16\n\nConsideration of the impacts of climate change on proposed treatment works based on research and analysis from the Center for Coastal Resources Management at the Virginia Institute of Marine Science at The College of William and Mary in Virginia.C\n\nA fee of $75 shall be charged for filing an application for an onsite sewage system or an alternative discharging sewage system permit with the Department. Funds received in payment of such charges shall be transmitted to the Comptroller for deposit. The funds from the fees shall be credited to a special fund to be appropriated by the General Assembly, as it deems necessary, to the Department for the purpose of carrying out the provisions of this title. However, $10 of each fee shall be credited to the Onsite Sewage Indemnification Fund established pursuant to § 32.1-164.1:01.\n\t\t\tThe Board, in its regulations, shall establish a procedure for the waiver of fees for persons whose incomes are below the federal poverty guidelines established by the United States Department of Health and Human Services or when the application is for a pit privy or the repair of a failing onsite sewage system. If the Department denies the permit for land on which the applicant seeks to construct his principal place of residence, then such fee shall be refunded to the applicant.\n\t\t\tFrom such funds as are appropriated to the Department from the special fund, the Board shall apportion a share to local or district health departments to be allocated in the same ratios as provided for the operation of such health departments pursuant to § 32.1-31. Such funds shall be transmitted to the local or district health departments on a quarterly basis.D\n\nIn addition to factors related to the Board’s responsibilities for the safe and sanitary treatment and disposal of sewage as they affect the public health and welfare, the Board shall, in establishing standards, give due consideration to economic costs of such standards in accordance with the applicable provisions of the Administrative Process Act (§ 2.2-4000 et seq.).E\n\nFurther a fee of $75 shall be charged for such installation and monitoring inspections of alternative discharging sewage systems as may be required by the Board. The funds received in payment of such fees shall be credited to a special fund to be appropriated by the General Assembly, as it deems necessary, to the Department for the purpose of carrying out the provisions of this section. However, $10 of each fee shall be credited to the Onsite Sewage Indemnification Fund established pursuant to § 32.1-164.1:01.\n\t\t\tThe Board, in its regulations, shall establish a procedure for the waiver of fees for persons whose incomes are below the federal poverty guidelines established by the United States Department of Health and Human Services.F\n\nAny owner who violates any provision of this section or any regulation of the Board of Health or the State Water Control Board relating to alternative discharging sewage systems or who fails to comply with any order of the Board of Health or any special final order of the State Water Control Board shall be subject to the penalties provided in §§ 32.1-27 and 62.1-44.32.\n\t\t\tIn the event that a county, city, or town, or its agent, is the owner, the county, city, or town, or its agent may initiate a civil action against any user or users of an alternative discharging sewage system to recover that portion of any civil penalty imposed against the owner which directly resulted from violations by the user or users of any applicable federal, state, or local laws, regulations, or ordinances.G\n\nThe Board shall establish and implement procedures for issuance of letters recognizing the appropriateness of onsite sewage site conditions in lieu of issuing onsite sewage system permits. The Board may require that a survey plat be included with an application for such letter. Such letters shall state, in language determined by the Office of the Attorney General and approved by the Board, the appropriateness of the soil for an onsite sewage system; no system design shall be required for issuance of such letter. The letter may be recorded in the land records of the clerk of the circuit court in the jurisdiction where all or part of the site or proposed site of the onsite sewage system is to be located so as to be a binding notice to the public, including subsequent purchases of the land in question. Upon the sale or transfer of the land which is the subject of any letter, the letter shall be transferred with the title to the property. A permit shall be issued on the basis of such letter unless, from the date of the letter’s issuance, there has been a substantial, intervening change in the soil or site conditions where the onsite sewage system is to be located. The Board, Commissioner, and the Department shall accept evaluations from licensed onsite soil evaluators for the issuance of such letters, if they are produced in accordance with the Board’s established procedures for issuance of letters. The Department shall issue such letters within 20 working days of the application filing date when evaluations produced by licensed onsite soil evaluators are submitted as supporting documentation. The Department shall not be required to do a field check of the evaluation prior to issuing such a letter or a permit based on such letter; however, the Department may conduct such field analyses as deemed necessary to protect the integrity of the Commonwealth’s environment. Applicants for such letters in lieu of onsite sewage system permits shall pay the fee established by the Board for the letters’ issuance and, upon application for an onsite sewage system permit, shall pay the permit application fee.H\n\nThe Board shall establish a program for the operation and maintenance of alternative onsite systems. The program shall require:1\n\nThe owner of an alternative onsite sewage system, as defined in § 32.1-163, to have that system operated by a licensed operator, as defined in § 32.1-163, and visited by the operator as specified in the operation permit;2\n\nThe licensed operator to provide a report on the results of the site visit utilizing the web-based system required by this subsection. A fee of $1 shall be paid by the licensed operator at the time the report is filed. Such fees shall be credited to the Onsite Operation and Maintenance Fund established pursuant to § 32.1-164.8;3\n\nA statewide web-based reporting system to track the operation, monitoring, and maintenance requirements of each system, including its components. The system shall have the capability for pre-notification of operation, maintenance, or monitoring to the operator or owner. Licensed operators shall be required to enter their reports onto the system. The Department of Health shall utilize the system to provide for compliance monitoring of operation and maintenance requirements throughout the state. The Commissioner shall consider readily available commercial systems currently utilized within the Commonwealth; and4\n\nAny additional requirements deemed necessary by the Board.I\n\nThe Board shall promulgate regulations governing the requirements for maintaining alternative onsite sewage systems.J\n\nThe Board shall establish a uniform schedule of civil penalties for violations of (i) regulations promulgated pursuant to subsection B and (ii) onsite treatment system pump-out requirements promulgated pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) in localities in which compliance with such onsite treatment system pump-out requirements is managed and enforced by the Department that are not remedied within 30 days after service of notice from the Department. Civil penalties collected pursuant to this chapter shall be credited to the Environmental Health Education and Training Fund established pursuant to § 32.1-248.3.\n\t\t\tThis schedule of civil penalties shall be uniform for each type of specified violation, and the penalty for any one violation shall be not more than $100 for the initial violation and not more than $150 for each additional violation. Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more than once in any 10-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties exceeding a total of $3,000. Penalties shall not apply to unoccupied structures which do not contribute to the pollution of public or private water supplies or the contraction or spread of infectious, contagious, or dangerous diseases. The Department may pursue other remedies as provided by law; however, designation of a particular violation for a civil penalty pursuant to this section shall be in lieu of criminal penalties, except for any violation that contributes to or is likely to contribute to the pollution of public or private water supplies or the contraction or spread of infectious, contagious, or dangerous diseases.\n\t\t\tThe Department may issue a civil summons ticket as provided by law for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the Department prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged.\n\t\t\tIf a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court with jurisdiction in the same manner and with the same right of appeal as provided for by law. In any trial for a scheduled violation, the Department shall have the burden of proving by a preponderance of the evidence the liability of the alleged violator. An admission of liability or finding of liability under this section shall not be deemed an admission at a criminal proceeding.\n\t\t\tThis section shall not be interpreted to allow the imposition of civil penalties for activities related to land development.K\n\nThe Department shall establish procedures for requiring a survey plat as part of an application for a permit or letter for any onsite sewage or alternative discharging sewage system, and for granting waivers for such requirements. In all cases, it shall be the landowner’s responsibility to ensure that the system is properly located as permitted.L\n\nEffective July 1, 2023, requirements promulgated under the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) directly related to compliance with onsite sewage treatment system pump-outs shall be managed and enforced by the Department in Accomack, Essex, Gloucester, King and Queen, King William, Lancaster, Mathews, Middlesex, Northampton, Northumberland, Richmond, and Westmoreland Counties, and the incorporated towns within those counties. Licensed operators conducting onsite sewage treatment system pump-outs pursuant to requirements promulgated under the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) in localities managed and enforced by the Department shall provide a report on the results of the site visit using a web-based reporting system developed by the Department. Any person who violates the onsite treatment system pump-out requirements promulgated pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) in a locality in which compliance with such onsite treatment system pump-out requirements is managed and enforced by the Department is guilty of a Class 3 misdemeanor.","order_by":null,"text":{"0":{"id":242116,"text":"The Board shall have supervision and control over the safe and sanitary collection, conveyance, transportation, treatment, and disposal of sewage by onsite sewage systems and alternative discharging sewage systems, and treatment works as they affect the public health and welfare. The Board shall also have supervision and control over the maintenance, inspection, and reuse of alternative onsite sewage systems as they affect the public health and welfare. In discharging the responsibility to supervise and control the safe and sanitary treatment and disposal of sewage as they affect the public health and welfare, the Board shall exercise due diligence to protect the quality of both surface water and ground water. Upon the final adoption of a general Virginia Pollutant Discharge Elimination permit by the State Water Control Board, the Board of Health shall assume the responsibility for permitting alternative discharging sewage systems as defined in § 32.1-163. All such permits shall comply with the applicable regulations of the State Water Control Board and be registered with the State Water Control Board.\n\t\t\tIn the exercise of its duty to supervise and control the treatment and disposal of sewage, the Board shall require and the Department shall conduct regular inspections of alternative discharging sewage systems. The Board shall also establish requirements for maintenance contracts for alternative discharging sewage systems. The Board may require, as a condition for issuing a permit to operate an alternative discharging sewage system, that the applicant present an executed maintenance contract. Such contract shall be maintained for the life of any general Virginia Pollutant Discharge Elimination System permit issued by the State Water Control Board.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":242117,"text":"The regulations of the Board shall govern the collection, conveyance, transportation, treatment and disposal of sewage by onsite sewage systems and alternative discharging sewage systems and the maintenance, inspection, and reuse of alternative onsite sewage systems. Such regulations shall be designed to protect the public health and promote the public welfare and may include, without limitation:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":242118,"text":"A requirement that the owner obtain a permit from the Commissioner prior to the construction, installation, modification or operation of a sewerage system or treatment works except in those instances where a permit is required pursuant to Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":242119,"text":"Criteria for the granting or denial of such permits.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":242120,"text":"Standards for the design, construction, installation, modification and operation of sewerage systems and treatment works for permits issued by the Commissioner.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":242121,"text":"Standards governing disposal of sewage on or in soils.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":242122,"text":"Standards specifying the minimum distance between sewerage systems or treatment works and:\n\t\t\t\ta. Public and private wells supplying water for human consumption,\n\t\t\t\tb. Lakes and other impounded waters,\n\t\t\t\tc. Streams and rivers,\n\t\t\t\td. Shellfish waters,\n\t\t\t\te. Ground waters,\n\t\t\t\tf. Areas and places of human habitation,\n\t\t\t\tg. Property lines.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":242123,"text":"Standards as to the adequacy of an approved water supply.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":242124,"text":"Standards governing the transportation of sewage.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":242125,"text":"A prohibition against the discharge of untreated sewage onto land or into waters of the Commonwealth.","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":242126,"text":"A requirement that such residences, buildings, structures and other places designed for human occupancy as the Board may prescribe be provided with a sewerage system or treatment works.","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"11":{"id":242127,"text":"Criteria for determining the demonstrated ability of alternative onsite systems, which are not permitted through the then current sewage handling and disposal regulations, to treat and dispose of sewage as effectively as approved methods.","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"B11"},"12":{"id":242128,"text":"Standards for inspections of and requirements for maintenance contracts for alternative discharging sewage systems.","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B10","next_prefix":"B12"},"13":{"id":242129,"text":"Notwithstanding the provisions of subdivision 1 above and Chapter 3.1 of Title 62.1, a requirement that the owner obtain a permit from the Commissioner prior to the construction, installation, modification, or operation of an alternative discharging sewage system as defined in § 32.1-163.","type":"section","prefixes":["B","12"],"prefix":"12","entire_prefix":"B12","prefix_anchor":"B12","level":2,"prior_prefix":"B11","next_prefix":"B13"},"14":{"id":242130,"text":"Criteria for granting, denying, and revoking of permits for alternative discharging sewage systems.","type":"section","prefixes":["B","13"],"prefix":"13","entire_prefix":"B13","prefix_anchor":"B13","level":2,"prior_prefix":"B12","next_prefix":"B14"},"15":{"id":242131,"text":"Procedures for issuing letters recognizing onsite sewage sites in lieu of issuing onsite sewage system permits.","type":"section","prefixes":["B","14"],"prefix":"14","entire_prefix":"B14","prefix_anchor":"B14","level":2,"prior_prefix":"B13","next_prefix":"B15"},"16":{"id":242132,"text":"Performance requirements for nitrogen discharged from alternative onsite sewage systems that protect public health and ground and surface water quality.","type":"section","prefixes":["B","15"],"prefix":"15","entire_prefix":"B15","prefix_anchor":"B15","level":2,"prior_prefix":"B14","next_prefix":"B16"},"17":{"id":242133,"text":"Consideration of the impacts of climate change on proposed treatment works based on research and analysis from the Center for Coastal Resources Management at the Virginia Institute of Marine Science at The College of William and Mary in Virginia.","type":"section","prefixes":["B","16"],"prefix":"16","entire_prefix":"B16","prefix_anchor":"B16","level":2,"prior_prefix":"B15","next_prefix":"C"},"18":{"id":242134,"text":"A fee of $75 shall be charged for filing an application for an onsite sewage system or an alternative discharging sewage system permit with the Department. Funds received in payment of such charges shall be transmitted to the Comptroller for deposit. The funds from the fees shall be credited to a special fund to be appropriated by the General Assembly, as it deems necessary, to the Department for the purpose of carrying out the provisions of this title. However, $10 of each fee shall be credited to the Onsite Sewage Indemnification Fund established pursuant to § 32.1-164.1:01.\n\t\t\tThe Board, in its regulations, shall establish a procedure for the waiver of fees for persons whose incomes are below the federal poverty guidelines established by the United States Department of Health and Human Services or when the application is for a pit privy or the repair of a failing onsite sewage system. If the Department denies the permit for land on which the applicant seeks to construct his principal place of residence, then such fee shall be refunded to the applicant.\n\t\t\tFrom such funds as are appropriated to the Department from the special fund, the Board shall apportion a share to local or district health departments to be allocated in the same ratios as provided for the operation of such health departments pursuant to § 32.1-31. Such funds shall be transmitted to the local or district health departments on a quarterly basis.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B16","next_prefix":"D"},"19":{"id":242135,"text":"In addition to factors related to the Board’s responsibilities for the safe and sanitary treatment and disposal of sewage as they affect the public health and welfare, the Board shall, in establishing standards, give due consideration to economic costs of such standards in accordance with the applicable provisions of the Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"20":{"id":242136,"text":"Further a fee of $75 shall be charged for such installation and monitoring inspections of alternative discharging sewage systems as may be required by the Board. The funds received in payment of such fees shall be credited to a special fund to be appropriated by the General Assembly, as it deems necessary, to the Department for the purpose of carrying out the provisions of this section. However, $10 of each fee shall be credited to the Onsite Sewage Indemnification Fund established pursuant to § 32.1-164.1:01.\n\t\t\tThe Board, in its regulations, shall establish a procedure for the waiver of fees for persons whose incomes are below the federal poverty guidelines established by the United States Department of Health and Human Services.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"21":{"id":242137,"text":"Any owner who violates any provision of this section or any regulation of the Board of Health or the State Water Control Board relating to alternative discharging sewage systems or who fails to comply with any order of the Board of Health or any special final order of the State Water Control Board shall be subject to the penalties provided in §§ 32.1-27 and 62.1-44.32.\n\t\t\tIn the event that a county, city, or town, or its agent, is the owner, the county, city, or town, or its agent may initiate a civil action against any user or users of an alternative discharging sewage system to recover that portion of any civil penalty imposed against the owner which directly resulted from violations by the user or users of any applicable federal, state, or local laws, regulations, or ordinances.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"22":{"id":242138,"text":"The Board shall establish and implement procedures for issuance of letters recognizing the appropriateness of onsite sewage site conditions in lieu of issuing onsite sewage system permits. The Board may require that a survey plat be included with an application for such letter. Such letters shall state, in language determined by the Office of the Attorney General and approved by the Board, the appropriateness of the soil for an onsite sewage system; no system design shall be required for issuance of such letter. The letter may be recorded in the land records of the clerk of the circuit court in the jurisdiction where all or part of the site or proposed site of the onsite sewage system is to be located so as to be a binding notice to the public, including subsequent purchases of the land in question. Upon the sale or transfer of the land which is the subject of any letter, the letter shall be transferred with the title to the property. A permit shall be issued on the basis of such letter unless, from the date of the letter’s issuance, there has been a substantial, intervening change in the soil or site conditions where the onsite sewage system is to be located. The Board, Commissioner, and the Department shall accept evaluations from licensed onsite soil evaluators for the issuance of such letters, if they are produced in accordance with the Board’s established procedures for issuance of letters. The Department shall issue such letters within 20 working days of the application filing date when evaluations produced by licensed onsite soil evaluators are submitted as supporting documentation. The Department shall not be required to do a field check of the evaluation prior to issuing such a letter or a permit based on such letter; however, the Department may conduct such field analyses as deemed necessary to protect the integrity of the Commonwealth’s environment. Applicants for such letters in lieu of onsite sewage system permits shall pay the fee established by the Board for the letters’ issuance and, upon application for an onsite sewage system permit, shall pay the permit application fee.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"23":{"id":242139,"text":"The Board shall establish a program for the operation and maintenance of alternative onsite systems. The program shall require:","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"H1"},"24":{"id":242140,"text":"The owner of an alternative onsite sewage system, as defined in § 32.1-163, to have that system operated by a licensed operator, as defined in § 32.1-163, and visited by the operator as specified in the operation permit;","type":"section","prefixes":["H","1"],"prefix":"1","entire_prefix":"H1","prefix_anchor":"H1","level":2,"prior_prefix":"H","next_prefix":"H2"},"25":{"id":242141,"text":"The licensed operator to provide a report on the results of the site visit utilizing the web-based system required by this subsection. A fee of $1 shall be paid by the licensed operator at the time the report is filed. Such fees shall be credited to the Onsite Operation and Maintenance Fund established pursuant to § 32.1-164.8;","type":"section","prefixes":["H","2"],"prefix":"2","entire_prefix":"H2","prefix_anchor":"H2","level":2,"prior_prefix":"H1","next_prefix":"H3"},"26":{"id":242142,"text":"A statewide web-based reporting system to track the operation, monitoring, and maintenance requirements of each system, including its components. The system shall have the capability for pre-notification of operation, maintenance, or monitoring to the operator or owner. Licensed operators shall be required to enter their reports onto the system. The Department of Health shall utilize the system to provide for compliance monitoring of operation and maintenance requirements throughout the state. The Commissioner shall consider readily available commercial systems currently utilized within the Commonwealth; and","type":"section","prefixes":["H","3"],"prefix":"3","entire_prefix":"H3","prefix_anchor":"H3","level":2,"prior_prefix":"H2","next_prefix":"H4"},"27":{"id":242143,"text":"Any additional requirements deemed necessary by the Board.","type":"section","prefixes":["H","4"],"prefix":"4","entire_prefix":"H4","prefix_anchor":"H4","level":2,"prior_prefix":"H3","next_prefix":"I"},"28":{"id":242144,"text":"The Board shall promulgate regulations governing the requirements for maintaining alternative onsite sewage systems.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H4","next_prefix":"J"},"29":{"id":242145,"text":"The Board shall establish a uniform schedule of civil penalties for violations of (i) regulations promulgated pursuant to subsection B and (ii) onsite treatment system pump-out requirements promulgated pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) in localities in which compliance with such onsite treatment system pump-out requirements is managed and enforced by the Department that are not remedied within 30 days after service of notice from the Department. Civil penalties collected pursuant to this chapter shall be credited to the Environmental Health Education and Training Fund established pursuant to § 32.1-248.3.\n\t\t\tThis schedule of civil penalties shall be uniform for each type of specified violation, and the penalty for any one violation shall be not more than $100 for the initial violation and not more than $150 for each additional violation. Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more than once in any 10-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties exceeding a total of $3,000. Penalties shall not apply to unoccupied structures which do not contribute to the pollution of public or private water supplies or the contraction or spread of infectious, contagious, or dangerous diseases. The Department may pursue other remedies as provided by law; however, designation of a particular violation for a civil penalty pursuant to this section shall be in lieu of criminal penalties, except for any violation that contributes to or is likely to contribute to the pollution of public or private water supplies or the contraction or spread of infectious, contagious, or dangerous diseases.\n\t\t\tThe Department may issue a civil summons ticket as provided by law for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the Department prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged.\n\t\t\tIf a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court with jurisdiction in the same manner and with the same right of appeal as provided for by law. In any trial for a scheduled violation, the Department shall have the burden of proving by a preponderance of the evidence the liability of the alleged violator. An admission of liability or finding of liability under this section shall not be deemed an admission at a criminal proceeding.\n\t\t\tThis section shall not be interpreted to allow the imposition of civil penalties for activities related to land development.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"30":{"id":242146,"text":"The Department shall establish procedures for requiring a survey plat as part of an application for a permit or letter for any onsite sewage or alternative discharging sewage system, and for granting waivers for such requirements. In all cases, it shall be the landowner’s responsibility to ensure that the system is properly located as permitted.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"31":{"id":242147,"text":"Effective July 1, 2023, requirements promulgated under the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) directly related to compliance with onsite sewage treatment system pump-outs shall be managed and enforced by the Department in Accomack, Essex, Gloucester, King and Queen, King William, Lancaster, Mathews, Middlesex, Northampton, Northumberland, Richmond, and Westmoreland Counties, and the incorporated towns within those counties. Licensed operators conducting onsite sewage treatment system pump-outs pursuant to requirements promulgated under the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) in localities managed and enforced by the Department shall provide a report on the results of the site visit using a web-based reporting system developed by the Department. Any person who violates the onsite treatment system pump-out requirements promulgated pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) in a locality in which compliance with such onsite treatment system pump-out requirements is managed and enforced by the Department is guilty of a Class 3 misdemeanor.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K"}},"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":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},"next_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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-164\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 14 times. 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. Those modifications are as follows: in 1954, chapter 646; in 1964, chapter 436; in 1970, chapter 645; in 1972, chapter 775; in 1979, chapter 711; in 1986, chapter 401; in 1988, chapter 203; in 1990, chapters 438, 861, and 869; in 1994, chapter 747<\/a>; in 1999, chapter 871<\/a>; in 2003, chapter 614<\/a>; in 2007, chapters 514<\/a>, 892<\/a>, and 924<\/a>; in 2009, chapters 695<\/a> and 747<\/a>; in 2022, chapter 486<\/a>.<\/p>","references":[{"id":73804,"section_number":"15.2-2157","catch_line":"Onsite sewage systems when sewers not available; civil penalties","order_by":null,"url":"\/15.2-2157\/"},{"id":71587,"section_number":"32.1-163.2","catch_line":"Long range plan for onsite sewage","order_by":null,"url":"\/32.1-163.2\/"},{"id":81724,"section_number":"32.1-164.1:01","catch_line":"Onsite Sewage Indemnification Fund","order_by":null,"url":"\/32.1-164.1_01\/"},{"id":77141,"section_number":"32.1-164.8","catch_line":"Onsite Operation and Maintenance Fund established","order_by":null,"url":"\/32.1-164.8\/"},{"id":54654,"section_number":"32.1-164.9","catch_line":"Regulations for chamber and bundled expanded polystyrene effluent distribution systems for onsite sewage systems","order_by":null,"url":"\/32.1-164.9\/"},{"id":75033,"section_number":"32.1-248.3","catch_line":"Environmental Health Education and Training Fund","order_by":null,"url":"\/32.1-248.3\/"},{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":64577,"section_number":"32.1-163","catch_line":"Definitions","order_by":null,"url":"\/32.1-163\/"},{"id":81724,"section_number":"32.1-164.1:01","catch_line":"Onsite Sewage Indemnification Fund","order_by":null,"url":"\/32.1-164.1_01\/"},{"id":77141,"section_number":"32.1-164.8","catch_line":"Onsite Operation and Maintenance Fund established","order_by":null,"url":"\/32.1-164.8\/"},{"id":75033,"section_number":"32.1-248.3","catch_line":"Environmental Health Education and Training Fund","order_by":null,"url":"\/32.1-248.3\/"},{"id":59474,"section_number":"32.1-27","catch_line":"Penalties, injunctions, civil penalties and charges for violations","order_by":null,"url":"\/32.1-27\/"},{"id":68104,"section_number":"32.1-31","catch_line":"Operation of local health department under contract with Board; local health services advisory boards; district health departments","order_by":null,"url":"\/32.1-31\/"},{"id":72347,"section_number":"62.1-44.15:67","catch_line":"Cooperative state-local program","order_by":null,"url":"\/62.1-44.15_67\/"},{"id":54640,"section_number":"62.1-44.2","catch_line":"Short title; purpose","order_by":null,"url":"\/62.1-44.2\/"},{"id":69253,"section_number":"62.1-44.32","catch_line":"Penalties","order_by":null,"url":"\/62.1-44.32\/"}],"permalink":{"id":203595,"object_type":"law","relational_id":66759,"identifier":"32.1-164","token":"32.1\/6\/1\/32.1-164","url":"\/32.1-164\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-164\/","token":"32.1\/6\/1\/32.1-164","dublin_core":{"Title":"Powers and duties of Board; regulations; fees; onsite soil evaluators; letters in lieu of permits; inspections; civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-164","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> shall have supervision and control over the safe and sanitary collection, conveyance, transportation<\/span>, treatment, and disposal of sewage by onsite sewage systems and alternative discharging sewage systems<\/span>, and treatment works<\/span> as they affect the public health and welfare. The Board<\/span> shall also have supervision and control over the maintenance<\/span>, inspection, and reuse of alternative onsite sewage systems<\/span> as they affect the public health and welfare. In discharging the responsibility to supervise and control the safe and sanitary treatment and disposal of sewage as they affect the public health and welfare, the Board<\/span> shall exercise due diligence to protect the quality of both surface water and ground water. Upon the final adoption of a general Virginia Pollutant Discharge Elimination permit by the State Water Control Board<\/span>, the Board<\/span> of Health shall assume the responsibility for permitting alternative discharging sewage systems<\/span> as defined in § 32.1-163<\/a>. All such permits shall comply with the applicable regulations<\/span> of the State Water Control Board<\/span> and be registered with the State Water Control Board<\/span>.\n\t\t\tIn the exercise of its duty to supervise and control the treatment and disposal of sewage, the Board<\/span> shall require and the Department<\/span> shall conduct regular inspections of alternative discharging sewage systems<\/span>. The Board<\/span> shall also establish requirements for maintenance<\/span> contracts<\/span> for alternative discharging sewage systems<\/span>. The Board<\/span> may require, as a condition for issuing a permit to operate<\/span> an alternative discharging sewage system<\/span>, that the applicant present an executed maintenance<\/span> contract<\/span>. Such contract<\/span> shall be maintained for the life of any general Virginia Pollutant Discharge Elimination System permit issued by the State Water Control Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The regulations<\/span> of the Board<\/span> shall govern the collection, conveyance, transportation<\/span>, treatment and disposal of sewage by onsite sewage systems and alternative discharging sewage systems<\/span> and the maintenance<\/span>, inspection, and reuse of alternative onsite sewage systems<\/span>. Such regulations<\/span> shall be designed to protect the public health and promote the public welfare and may include, without limitation: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A requirement that the owner<\/span> obtain a permit from the Commissioner<\/span> prior to the construction, installation, modification or operation<\/span> of a sewerage system<\/span> or treatment works<\/span> except in those instances where a permit is required pursuant to Chapter 3.1 (§ 62.1-44.2<\/a> et seq.) of Title 62.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Criteria for the granting or denial of such permits. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Standards for the design, construction, installation, modification and operation<\/span> of sewerage systems<\/span> and treatment works<\/span> for permits issued by the Commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Standards governing disposal of sewage on or in soils. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Standards specifying the minimum distance between sewerage systems<\/span> or treatment works<\/span> and:\n\t\t\t\ta. Public and private wells supplying water for human consumption,\n\t\t\t\tb. Lakes and other impounded waters,\n\t\t\t\tc. Streams and rivers,\n\t\t\t\td. Shellfish waters,\n\t\t\t\te. Ground waters,\n\t\t\t\tf. Areas and places of human habitation,\n\t\t\t\tg. Property lines. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Standards as to the adequacy of an approved water supply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Standards governing the transportation<\/span> of sewage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> A prohibition against the discharge of untreated sewage onto land or into waters of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> A requirement that such residences, buildings, structures and other places designed for human occupancy as the Board<\/span> may prescribe be provided with a sewerage system<\/span> or treatment works<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Criteria for determining the demonstrated ability of alternative onsite systems<\/span>, which are not permitted through the then current sewage handling and disposal regulations<\/span>, to treat and dispose of sewage as effectively as approved methods. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Standards for inspections of and requirements for maintenance<\/span> contracts<\/span> for alternative discharging sewage systems<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Notwithstanding the provisions of subdivision 1 above and Chapter 3.1 of Title 62.1, a requirement that the owner<\/span> obtain a permit from the Commissioner<\/span> prior to the construction, installation, modification, or operation<\/span> of an alternative discharging sewage system<\/span> as defined in § 32.1-163<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Criteria for granting, denying, and revoking of permits for alternative discharging sewage systems<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Procedures for issuing letters recognizing onsite sewage sites in lieu of issuing onsite sewage system permits. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Performance requirements for nitrogen discharged from alternative onsite sewage systems<\/span> that protect public health and ground and surface water quality. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Consideration of the impacts of climate change on proposed treatment works<\/span> based on research and analysis from the Center for Coastal Resources Management at the Virginia Institute of Marine Science at The College of William and Mary in Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A fee of $75 shall be charged for filing an application for an onsite sewage system or an alternative discharging sewage system<\/span> permit with the Department<\/span>. Funds received in payment of such charges shall be transmitted to the Comptroller for deposit. The funds from the fees shall be credited to a special fund to be appropriated by the General Assembly, as it deems necessary, to the Department<\/span> for the purpose of carrying out the provisions of this title. However, $10 of each fee shall be credited to the Onsite Sewage Indemnification Fund established pursuant to § 32.1-164.1:01<\/a>.\n\t\t\tThe Board<\/span>, in its regulations<\/span>, shall establish a procedure for the waiver<\/span> of fees for persons<\/span> whose incomes are below the federal poverty guidelines established by the United States Department<\/span> of Health and Human Services or when the application is for a pit privy or the repair of a failing onsite sewage system. If the Department<\/span> denies the permit for land on which the applicant seeks to construct his principal place of residence, then such fee shall be refunded to the applicant.\n\t\t\tFrom such funds as are appropriated to the Department<\/span> from the special fund, the Board<\/span> shall apportion a share to local or district health departments<\/span> to be allocated in the same ratios as provided for the operation<\/span> of such health departments<\/span> pursuant to § 32.1-31<\/a>. Such funds shall be transmitted to the local or district health departments<\/span> on a quarterly basis. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In addition to factors related to the Board<\/span>’s responsibilities for the safe and sanitary treatment and disposal of sewage as they affect the public health and welfare, the Board<\/span> shall, in establishing standards, give due consideration to economic costs of such standards in accordance with the applicable provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Further a fee of $75 shall be charged for such installation and monitoring inspections of alternative discharging sewage systems<\/span> as may be required by the Board<\/span>. The funds received in payment of such fees shall be credited to a special fund to be appropriated by the General Assembly, as it deems necessary, to the Department<\/span> for the purpose of carrying out the provisions of this section. However, $10 of each fee shall be credited to the Onsite Sewage Indemnification Fund established pursuant to § 32.1-164.1:01<\/a>.\n\t\t\tThe Board<\/span>, in its regulations<\/span>, shall establish a procedure for the waiver<\/span> of fees for persons<\/span> whose incomes are below the federal poverty guidelines established by the United States Department<\/span> of Health and Human Services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any owner<\/span> who violates any provision of this section or any regulation of the Board<\/span> of Health or the State Water Control Board<\/span> relating to alternative discharging sewage systems<\/span> or who fails to comply with any order of the Board<\/span> of Health or any special final order<\/span> of the State Water Control Board<\/span> shall be subject to the penalties provided in §§ 32.1-27<\/a> and 62.1-44.32<\/a>.\n\t\t\tIn the event that a county, city, or town, or its agent, is the owner<\/span>, the county, city, or town, or its agent may initiate a civil action<\/span> against any user or users of an alternative discharging sewage system<\/span> to recover that portion of any civil penalty<\/span> imposed against the owner<\/span> which directly resulted from violations by the user or users of any applicable federal, state, or local laws<\/span>, regulations<\/span>, or ordinances<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Board<\/span> shall establish and implement procedures for issuance of letters recognizing the appropriateness of onsite sewage site conditions in lieu of issuing onsite sewage system permits. The Board<\/span> may require that a survey plat be included with an application for such letter. Such letters shall state, in language determined by the Office of the Attorney General<\/span> and approved by the Board<\/span>, the appropriateness of the soil for an onsite sewage system; no system design shall be required for issuance of such letter. The letter may be recorded in the land records of the clerk of the circuit<\/span> court<\/span> in the jurisdiction<\/span> where all or part of the site or proposed site of the onsite sewage system is to be located so as to be a binding notice to the public, including subsequent purchases of the land in question. Upon the sale or transfer of the land which is the subject of any letter, the letter shall be transferred with the title to the property. A permit shall be issued on the basis of such letter unless, from the date of the letter’s issuance, there has been a substantial, intervening change in the soil or site conditions where the onsite sewage system is to be located. The Board<\/span>, Commissioner<\/span>, and the Department<\/span> shall accept evaluations from licensed onsite soil evaluators<\/span> for the issuance of such letters, if they are produced in accordance with the Board<\/span>’s established procedures for issuance of letters. The Department<\/span> shall issue<\/span> such letters within 20 working days of the application filing date when evaluations produced by licensed onsite soil evaluators<\/span> are submitted as supporting documentation. The Department<\/span> shall not be required to do a field check of the evaluation prior to issuing such a letter or a permit based on such letter; however, the Department<\/span> may conduct such field analyses as deemed necessary to protect the integrity of the Commonwealth’s environment. Applicants for such letters in lieu of onsite sewage system permits shall pay the fee established by the Board<\/span> for the letters’ issuance and, upon application for an onsite sewage system permit, shall pay the permit application fee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The Board<\/span> shall establish a program for the operation<\/span> and maintenance<\/span> of alternative onsite systems<\/span>. The program shall require: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The owner<\/span> of an alternative onsite sewage system<\/span>, as defined in § 32.1-163<\/a>, to have that system operated by a licensed operator<\/span>, as defined in § 32.1-163<\/a>, and visited by the operator<\/span> as specified in the operation<\/span> permit; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The licensed operator<\/span> to provide a report on the results of the site visit utilizing the web-based system required by this subsection. A fee of $1 shall be paid by the licensed operator<\/span> at the time the report is filed. Such fees shall be credited to the Onsite Operation<\/span> and Maintenance<\/span> Fund established pursuant to § 32.1-164.8<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A statewide web-based reporting system to track the operation<\/span>, monitoring, and maintenance<\/span> requirements of each system, including its components. The system shall have the capability for pre-notification of operation<\/span>, maintenance<\/span>, or monitoring to the operator<\/span> or owner<\/span>. Licensed operators<\/span> shall be required to enter their reports onto the system. The Department<\/span> of Health shall utilize the system to provide for compliance monitoring of operation<\/span> and maintenance<\/span> requirements throughout the state. The Commissioner<\/span> shall consider readily available commercial systems currently utilized within the Commonwealth; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any additional requirements deemed necessary by the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The Board<\/span> shall promulgate regulations<\/span> governing the requirements for maintaining alternative onsite sewage systems<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> The Board<\/span> shall establish a uniform schedule of civil penalties for violations of (i) regulations<\/span> promulgated pursuant to subsection B and (ii) onsite treatment system pump-out requirements promulgated pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67<\/a> et seq.) in localities in which compliance with such onsite treatment system pump-out requirements is managed and enforced by the Department<\/span> that are not remedied within 30 days after service of notice from the Department<\/span>. Civil penalties collected pursuant to this chapter shall be credited to the Environmental Health Education and Training Fund established pursuant to § 32.1-248.3<\/a>.\n\t\t\tThis schedule of civil penalties shall be uniform for each type of specified violation, and the penalty<\/span> for any one violation shall be not more than $100 for the initial violation and not more than $150 for each additional violation. Each day during which the violation is found to have existed shall constitute a separate offense<\/span>. However, specified violations arising from the same operative set of facts<\/span> shall not be charged more than once in any 10-day period, and a series of specified violations arising from the same operative set of facts<\/span> shall not result in civil penalties exceeding a total of $3,000. Penalties shall not apply to unoccupied structures which do not contribute to the pollution of public or private water supplies or the contraction or spread of infectious, contagious, or dangerous diseases. The Department<\/span> may pursue other remedies as provided by law<\/span>; however, designation of a particular violation for a civil penalty<\/span> pursuant to this section shall be in lieu of criminal penalties, except for any violation that contributes to or is likely to contribute to the pollution of public or private water supplies or the contraction or spread of infectious, contagious, or dangerous diseases.\n\t\t\tThe Department<\/span> may issue<\/span> a civil summons<\/span> ticket as provided by law<\/span> for a scheduled violation. Any person<\/span> summoned or issued a ticket for a scheduled violation may make an appearance<\/span> in person<\/span> or in writing by mail to the Department<\/span> prior to the date fixed for trial<\/span> in court<\/span>. Any person<\/span> so appearing may enter a waiver<\/span> of trial<\/span>, admit liability, and pay the civil penalty<\/span> established for the offense<\/span> charged.\n\t\t\tIf a person<\/span> charged with a scheduled violation does not elect to enter a waiver<\/span> of trial<\/span> and admit liability, the violation shall be tried in the general district court<\/span> with jurisdiction<\/span> in the same manner and with the same right of appeal<\/span> as provided for by law<\/span>. In any trial<\/span> for a scheduled violation, the Department<\/span> shall have the burden of proving by a preponderance of the evidence<\/span> the liability of the alleged violator. An admission of liability or finding<\/span> of liability under this section shall not be deemed an admission at a criminal proceeding.\n\t\t\tThis section shall not be interpreted to allow the imposition of civil penalties for activities related to land development. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> The Department<\/span> shall establish procedures for requiring a survey plat as part of an application for a permit or letter for any onsite sewage or alternative discharging sewage system<\/span>, and for granting waivers<\/span> for such requirements. In all cases, it shall be the landowner’s responsibility to ensure that the system is properly located as permitted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Effective July 1, 2023, requirements promulgated under the Chesapeake Bay Preservation Act (§ 62.1-44.15:67<\/a> et seq.) directly related to compliance with onsite sewage treatment system pump-outs shall be managed and enforced by the Department<\/span> in Accomack, Essex, Gloucester, King and Queen, King William, Lancaster, Mathews, Middlesex, Northampton, Northumberland, Richmond, and Westmoreland Counties, and the incorporated towns within those counties. Licensed operators<\/span> conducting onsite sewage treatment system pump-outs pursuant to requirements promulgated under the Chesapeake Bay Preservation Act (§ 62.1-44.15:67<\/a> et seq.) in localities managed and enforced by the Department<\/span> shall provide a report on the results of the site visit using a web-based reporting system developed by the Department<\/span>. Any person<\/span> who violates the onsite treatment system pump-out requirements promulgated pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67<\/a> et seq.) in a locality in which compliance with such onsite treatment system pump-out requirements is managed and enforced by the Department<\/span> is guilty of a Class 3 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF BOARD; REGULATIONS; FEES; ONSITE SOIL EVALUATORS; LETTERS\nIN LIEU OF PERMITS; INSPECTIONS; CIVIL PENALTIES (\u00a7 32.1-164)\n\nA. The Board shall have supervision and control over the safe and sanitary\ncollection, conveyance, transportation, treatment, and disposal of sewage by\nonsite sewage systems and alternative discharging sewage systems, and treatment\nworks as they affect the public health and welfare. The Board shall also have\nsupervision and control over the maintenance, inspection, and reuse of\nalternative onsite sewage systems as they affect the public health and welfare.\nIn discharging the responsibility to supervise and control the safe and sanitary\ntreatment and disposal of sewage as they affect the public health and welfare,\nthe Board shall exercise due diligence to protect the quality of both surface\nwater and ground water. Upon the final adoption of a general Virginia Pollutant\nDischarge Elimination permit by the State Water Control Board, the Board of\nHealth shall assume the responsibility for permitting alternative discharging\nsewage systems as defined in § 32.1-163. All such permits shall comply with\nthe applicable regulations of the State Water Control Board and be registered\nwith the State Water Control Board.\n\t\t\tIn the exercise of its duty to supervise and control the treatment and\ndisposal of sewage, the Board shall require and the Department shall conduct\nregular inspections of alternative discharging sewage systems. The Board shall\nalso establish requirements for maintenance contracts for alternative\ndischarging sewage systems. The Board may require, as a condition for issuing a\npermit to operate an alternative discharging sewage system, that the applicant\npresent an executed maintenance contract. Such contract shall be maintained for\nthe life of any general Virginia Pollutant Discharge Elimination System permit\nissued by the State Water Control Board.\n\nB. The regulations of the Board shall govern the collection, conveyance,\ntransportation, treatment and disposal of sewage by onsite sewage systems and\nalternative discharging sewage systems and the maintenance, inspection, and\nreuse of alternative onsite sewage systems. Such regulations shall be designed\nto protect the public health and promote the public welfare and may include,\nwithout limitation:\n\n 1. A requirement that the owner obtain a permit from the Commissioner prior to\n the construction, installation, modification or operation of a sewerage system\n or treatment works except in those instances where a permit is required\n pursuant to Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1.\n\n 2. Criteria for the granting or denial of such permits.\n\n 3. Standards for the design, construction, installation, modification and\n operation of sewerage systems and treatment works for permits issued by the\n Commissioner.\n\n 4. Standards governing disposal of sewage on or in soils.\n\n 5. Standards specifying the minimum distance between sewerage systems or\n treatment works and:\n \t\t\t\ta. Public and private wells supplying water for human consumption,\n \t\t\t\tb. Lakes and other impounded waters,\n \t\t\t\tc. Streams and rivers,\n \t\t\t\td. Shellfish waters,\n \t\t\t\te. Ground waters,\n \t\t\t\tf. Areas and places of human habitation,\n \t\t\t\tg. Property lines.\n\n 6. Standards as to the adequacy of an approved water supply.\n\n 7. Standards governing the transportation of sewage.\n\n 8. A prohibition against the discharge of untreated sewage onto land or into\n waters of the Commonwealth.\n\n 9. A requirement that such residences, buildings, structures and other places\n designed for human occupancy as the Board may prescribe be provided with a\n sewerage system or treatment works.\n\n 10. Criteria for determining the demonstrated ability of alternative onsite\n systems, which are not permitted through the then current sewage handling and\n disposal regulations, to treat and dispose of sewage as effectively as\n approved methods.\n\n 11. Standards for inspections of and requirements for maintenance contracts\n for alternative discharging sewage systems.\n\n 12. Notwithstanding the provisions of subdivision 1 above and Chapter 3.1 of\n Title 62.1, a requirement that the owner obtain a permit from the Commissioner\n prior to the construction, installation, modification, or operation of an\n alternative discharging sewage system as defined in § 32.1-163.\n\n 13. Criteria for granting, denying, and revoking of permits for alternative\n discharging sewage systems.\n\n 14. Procedures for issuing letters recognizing onsite sewage sites in lieu of\n issuing onsite sewage system permits.\n\n 15. Performance requirements for nitrogen discharged from alternative onsite\n sewage systems that protect public health and ground and surface water\n quality.\n\n 16. Consideration of the impacts of climate change on proposed treatment works\n based on research and analysis from the Center for Coastal Resources\n Management at the Virginia Institute of Marine Science at The College of\n William and Mary in Virginia.\n\nC. A fee of $75 shall be charged for filing an application for an onsite sewage\nsystem or an alternative discharging sewage system permit with the Department.\nFunds received in payment of such charges shall be transmitted to the\nComptroller for deposit. The funds from the fees shall be credited to a special\nfund to be appropriated by the General Assembly, as it deems necessary, to the\nDepartment for the purpose of carrying out the provisions of this title.\nHowever, $10 of each fee shall be credited to the Onsite Sewage Indemnification\nFund established pursuant to § 32.1-164.1:01.\n\t\t\tThe Board, in its regulations, shall establish a procedure for the waiver of\nfees for persons whose incomes are below the federal poverty guidelines\nestablished by the United States Department of Health and Human Services or when\nthe application is for a pit privy or the repair of a failing onsite sewage\nsystem. If the Department denies the permit for land on which the applicant\nseeks to construct his principal place of residence, then such fee shall be\nrefunded to the applicant.\n\t\t\tFrom such funds as are appropriated to the Department from the special fund,\nthe Board shall apportion a share to local or district health departments to be\nallocated in the same ratios as provided for the operation of such health\ndepartments pursuant to § 32.1-31. Such funds shall be transmitted to the\nlocal or district health departments on a quarterly basis.\n\nD. In addition to factors related to the Board’s responsibilities for the\nsafe and sanitary treatment and disposal of sewage as they affect the public\nhealth and welfare, the Board shall, in establishing standards, give due\nconsideration to economic costs of such standards in accordance with the\napplicable provisions of the Administrative Process Act (§ 2.2-4000 et\nseq.).\n\nE. Further a fee of $75 shall be charged for such installation and monitoring\ninspections of alternative discharging sewage systems as may be required by the\nBoard. The funds received in payment of such fees shall be credited to a special\nfund to be appropriated by the General Assembly, as it deems necessary, to the\nDepartment for the purpose of carrying out the provisions of this section.\nHowever, $10 of each fee shall be credited to the Onsite Sewage Indemnification\nFund established pursuant to § 32.1-164.1:01.\n\t\t\tThe Board, in its regulations, shall establish a procedure for the waiver of\nfees for persons whose incomes are below the federal poverty guidelines\nestablished by the United States Department of Health and Human Services.\n\nF. Any owner who violates any provision of this section or any regulation of the\nBoard of Health or the State Water Control Board relating to alternative\ndischarging sewage systems or who fails to comply with any order of the Board of\nHealth or any special final order of the State Water Control Board shall be\nsubject to the penalties provided in §§ 32.1-27 and 62.1-44.32.\n\t\t\tIn the event that a county, city, or town, or its agent, is the owner, the\ncounty, city, or town, or its agent may initiate a civil action against any user\nor users of an alternative discharging sewage system to recover that portion of\nany civil penalty imposed against the owner which directly resulted from\nviolations by the user or users of any applicable federal, state, or local laws,\nregulations, or ordinances.\n\nG. The Board shall establish and implement procedures for issuance of letters\nrecognizing the appropriateness of onsite sewage site conditions in lieu of\nissuing onsite sewage system permits. The Board may require that a survey plat\nbe included with an application for such letter. Such letters shall state, in\nlanguage determined by the Office of the Attorney General and approved by the\nBoard, the appropriateness of the soil for an onsite sewage system; no system\ndesign shall be required for issuance of such letter. The letter may be recorded\nin the land records of the clerk of the circuit court in the jurisdiction where\nall or part of the site or proposed site of the onsite sewage system is to be\nlocated so as to be a binding notice to the public, including subsequent\npurchases of the land in question. Upon the sale or transfer of the land which\nis the subject of any letter, the letter shall be transferred with the title to\nthe property. A permit shall be issued on the basis of such letter unless, from\nthe date of the letter’s issuance, there has been a substantial,\nintervening change in the soil or site conditions where the onsite sewage system\nis to be located. The Board, Commissioner, and the Department shall accept\nevaluations from licensed onsite soil evaluators for the issuance of such\nletters, if they are produced in accordance with the Board’s established\nprocedures for issuance of letters. The Department shall issue such letters\nwithin 20 working days of the application filing date when evaluations produced\nby licensed onsite soil evaluators are submitted as supporting documentation.\nThe Department shall not be required to do a field check of the evaluation prior\nto issuing such a letter or a permit based on such letter; however, the\nDepartment may conduct such field analyses as deemed necessary to protect the\nintegrity of the Commonwealth’s environment. Applicants for such letters\nin lieu of onsite sewage system permits shall pay the fee established by the\nBoard for the letters’ issuance and, upon application for an onsite sewage\nsystem permit, shall pay the permit application fee.\n\nH. The Board shall establish a program for the operation and maintenance of\nalternative onsite systems. The program shall require:\n\n 1. The owner of an alternative onsite sewage system, as defined in §\n 32.1-163, to have that system operated by a licensed operator, as defined in\n § 32.1-163, and visited by the operator as specified in the operation\n permit;\n\n 2. The licensed operator to provide a report on the results of the site visit\n utilizing the web-based system required by this subsection. A fee of $1 shall\n be paid by the licensed operator at the time the report is filed. Such fees\n shall be credited to the Onsite Operation and Maintenance Fund established\n pursuant to § 32.1-164.8;\n\n 3. A statewide web-based reporting system to track the operation, monitoring,\n and maintenance requirements of each system, including its components. The\n system shall have the capability for pre-notification of operation,\n maintenance, or monitoring to the operator or owner. Licensed operators shall\n be required to enter their reports onto the system. The Department of Health\n shall utilize the system to provide for compliance monitoring of operation and\n maintenance requirements throughout the state. The Commissioner shall consider\n readily available commercial systems currently utilized within the\n Commonwealth; and\n\n 4. Any additional requirements deemed necessary by the Board.\n\nI. The Board shall promulgate regulations governing the requirements for\nmaintaining alternative onsite sewage systems.\n\nJ. The Board shall establish a uniform schedule of civil penalties for\nviolations of (i) regulations promulgated pursuant to subsection B and (ii)\nonsite treatment system pump-out requirements promulgated pursuant to the\nChesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) in localities in\nwhich compliance with such onsite treatment system pump-out requirements is\nmanaged and enforced by the Department that are not remedied within 30 days\nafter service of notice from the Department. Civil penalties collected pursuant\nto this chapter shall be credited to the Environmental Health Education and\nTraining Fund established pursuant to § 32.1-248.3.\n\t\t\tThis schedule of civil penalties shall be uniform for each type of specified\nviolation, and the penalty for any one violation shall be not more than $100 for\nthe initial violation and not more than $150 for each additional violation. Each\nday during which the violation is found to have existed shall constitute a\nseparate offense. However, specified violations arising from the same operative\nset of facts shall not be charged more than once in any 10-day period, and a\nseries of specified violations arising from the same operative set of facts\nshall not result in civil penalties exceeding a total of $3,000. Penalties shall\nnot apply to unoccupied structures which do not contribute to the pollution of\npublic or private water supplies or the contraction or spread of infectious,\ncontagious, or dangerous diseases. The Department may pursue other remedies as\nprovided by law; however, designation of a particular violation for a civil\npenalty pursuant to this section shall be in lieu of criminal penalties, except\nfor any violation that contributes to or is likely to contribute to the\npollution of public or private water supplies or the contraction or spread of\ninfectious, contagious, or dangerous diseases.\n\t\t\tThe Department may issue a civil summons ticket as provided by law for a\nscheduled violation. Any person summoned or issued a ticket for a scheduled\nviolation may make an appearance in person or in writing by mail to the\nDepartment prior to the date fixed for trial in court. Any person so appearing\nmay enter a waiver of trial, admit liability, and pay the civil penalty\nestablished for the offense charged.\n\t\t\tIf a person charged with a scheduled violation does not elect to enter a\nwaiver of trial and admit liability, the violation shall be tried in the general\ndistrict court with jurisdiction in the same manner and with the same right of\nappeal as provided for by law. In any trial for a scheduled violation, the\nDepartment shall have the burden of proving by a preponderance of the evidence\nthe liability of the alleged violator. An admission of liability or finding of\nliability under this section shall not be deemed an admission at a criminal\nproceeding.\n\t\t\tThis section shall not be interpreted to allow the imposition of civil\npenalties for activities related to land development.\n\nK. The Department shall establish procedures for requiring a survey plat as part\nof an application for a permit or letter for any onsite sewage or alternative\ndischarging sewage system, and for granting waivers for such requirements. In\nall cases, it shall be the landowner’s responsibility to ensure that the\nsystem is properly located as permitted.\n\nL. Effective July 1, 2023, requirements promulgated under the Chesapeake Bay\nPreservation Act (§ 62.1-44.15:67 et seq.) directly related to compliance\nwith onsite sewage treatment system pump-outs shall be managed and enforced by\nthe Department in Accomack, Essex, Gloucester, King and Queen, King William,\nLancaster, Mathews, Middlesex, Northampton, Northumberland, Richmond, and\nWestmoreland Counties, and the incorporated towns within those counties.\nLicensed operators conducting onsite sewage treatment system pump-outs pursuant\nto requirements promulgated under the Chesapeake Bay Preservation Act (§\n62.1-44.15:67 et seq.) in localities managed and enforced by the Department\nshall provide a report on the results of the site visit using a web-based\nreporting system developed by the Department. Any person who violates the onsite\ntreatment system pump-out requirements promulgated pursuant to the Chesapeake\nBay Preservation Act (§ 62.1-44.15:67 et seq.) in a locality in which\ncompliance with such onsite treatment system pump-out requirements is managed\nand enforced by the Department is guilty of a Class 3 misdemeanor.\n\nHISTORY: Code 1950, \u00a7 32-9; 1954, c. 646; 1964, c. 436; 1970, c. 645; 1972, c.\n775; 1979, c. 711; 1986, c. 401; 1988, c. 203; 1990, cc. 438, 861, 869; 1994, c.\n747; 1999, c. 871; 2003, c. 614; 2007, cc. 514, 892, 924; 2009, cc. 695, 747;\n2021, Sp. Sess. I, c. 382; 2022, c. 486.","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}}