{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-248.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-248.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-248.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-248.4.html"}],"law_id":83477,"edition_id":1,"section_id":83477,"structure_id":14664,"section_number":"32.1-248.4","catch_line":"Provision by the Department of certain services for onsite sewage systems and private wells","history":"2018, c. 831.","full_text":"A\n\nThe Department shall take steps to eliminate evaluation and design services provided by the Department for onsite sewage systems and private wells. In taking such steps, the Department shall:1\n\nAccept private evaluations and designs for private wells, in compliance with the State Board of Health regulations for construction of private wells, designed and certified by a certified master water well system provider pursuant to § 54.1-1129.1;2\n\nCease providing onsite sewage system evaluations and design services that are not associated with a building permit or the repair of a failing sewage system. Hardship exceptions shall not apply to these services;3\n\nCease providing new construction evaluation and design services for an application that is not for a principal place of residence. Hardship exceptions shall not apply to these services;4\n\nBy July 1, 2019, establish guidelines to maintain the Department as a provider of last resort for a property owner who demonstrates a specific hardship in obtaining private sector evaluation and design services associated with a building permit or the repair of a failing sewage system that is for a principal place of residence. In developing such guidelines, the Department shall solicit and consider input from stakeholders. The Department’s guidelines shall include considerations for hardships based on (i) the availability of properly licensed service providers working within a locality or region, (ii) the disciplinary history of private sector providers, and (iii) the cost of private sector services. The Department shall post its proposed guidelines on a website maintained by the Department by November 1, 2018; and5\n\nBeginning July 1, 2019, require an applicant for an onsite sewage system or private well construction permit who desires the Department to provide evaluation and design services associated with a building permit or the repair of a failing sewage system that is for a principal place of residence to petition the Department to provide such evaluation and design services.B\n\nThe Department shall coordinate with the Department of Professional and Occupational Regulation to establish any necessary agreements or procedures to ensure that potential violations of laws or regulations regarding onsite sewage system and private well evaluation and design are referred to the appropriate agency or board for review.","order_by":null,"text":{"0":{"id":299174,"text":"The Department shall take steps to eliminate evaluation and design services provided by the Department for onsite sewage systems and private wells. In taking such steps, the Department shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":299175,"text":"Accept private evaluations and designs for private wells, in compliance with the State Board of Health regulations for construction of private wells, designed and certified by a certified master water well system provider pursuant to § 54.1-1129.1;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":299176,"text":"Cease providing onsite sewage system evaluations and design services that are not associated with a building permit or the repair of a failing sewage system. Hardship exceptions shall not apply to these services;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":299177,"text":"Cease providing new construction evaluation and design services for an application that is not for a principal place of residence. Hardship exceptions shall not apply to these services;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":299178,"text":"By July 1, 2019, establish guidelines to maintain the Department as a provider of last resort for a property owner who demonstrates a specific hardship in obtaining private sector evaluation and design services associated with a building permit or the repair of a failing sewage system that is for a principal place of residence. In developing such guidelines, the Department shall solicit and consider input from stakeholders. The Department’s guidelines shall include considerations for hardships based on (i) the availability of properly licensed service providers working within a locality or region, (ii) the disciplinary history of private sector providers, and (iii) the cost of private sector services. The Department shall post its proposed guidelines on a website maintained by the Department by November 1, 2018; and","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":299179,"text":"Beginning July 1, 2019, require an applicant for an onsite sewage system or private well construction permit who desires the Department to provide evaluation and design services associated with a building permit or the repair of a failing sewage system that is for a principal place of residence to petition the Department to provide such evaluation and design services.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":299180,"text":"The Department shall coordinate with the Department of Professional and Occupational Regulation to establish any necessary agreements or procedures to ensure that potential violations of laws or regulations regarding onsite sewage system and private well evaluation and design are referred to the appropriate agency or board for review.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5"}},"ancestry":[{"id":14664,"edition_id":1,"name":"Miscellaneous Provisions","identifier":"10","label":"article","depth":3,"order_by":1,"parent_id":12941,"metadata":{},"date_created":"2026-06-26 03:49:13","date_modified":"2026-06-26 03:49:13","permalink":{"id":203685,"object_type":"structure","relational_id":14664,"identifier":"10","token":"32.1\/6\/10","url":"\/32.1\/6\/10\/","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":81025,"structure_id":14664,"section_number":"32.1-246","catch_line":"Marinas","url":"\/32.1-246\/","token":"32.1\/6\/10\/32.1-246","metadata":false},{"id":80706,"structure_id":14664,"section_number":"32.1-246.1","catch_line":"Signs or notices required on dump stations","url":"\/32.1-246.1\/","token":"32.1\/6\/10\/32.1-246.1","metadata":false},{"id":59496,"structure_id":14664,"section_number":"32.1-247","catch_line":"Vector control","url":"\/32.1-247\/","token":"32.1\/6\/10\/32.1-247","metadata":false},{"id":73020,"structure_id":14664,"section_number":"32.1-248","catch_line":"Closing of waters; modification or revocation of regulation or order","url":"\/32.1-248\/","token":"32.1\/6\/10\/32.1-248","metadata":false},{"id":77839,"structure_id":14664,"section_number":"32.1-248.01","catch_line":"Fish consumption advisories","url":"\/32.1-248.01\/","token":"32.1\/6\/10\/32.1-248.01","metadata":false},{"id":79112,"structure_id":14664,"section_number":"32.1-248.1","catch_line":"Posting of water quality test results by certain recreational facilities","url":"\/32.1-248.1\/","token":"32.1\/6\/10\/32.1-248.1","metadata":false},{"id":56258,"structure_id":14664,"section_number":"32.1-248.2","catch_line":"Use of rainwater and reuse of gray water; regulations","url":"\/32.1-248.2\/","token":"32.1\/6\/10\/32.1-248.2","metadata":false},{"id":75033,"structure_id":14664,"section_number":"32.1-248.3","catch_line":"Environmental Health Education and Training Fund","url":"\/32.1-248.3\/","token":"32.1\/6\/10\/32.1-248.3","metadata":false},{"id":83477,"structure_id":14664,"section_number":"32.1-248.4","catch_line":"Provision by the Department of certain services for onsite sewage systems and private wells","url":"\/32.1-248.4\/","token":"32.1\/6\/10\/32.1-248.4","metadata":false}],"previous_section":{"id":75033,"structure_id":14664,"section_number":"32.1-248.3","catch_line":"Environmental Health Education and Training Fund","url":"\/32.1-248.3\/","token":"32.1\/6\/10\/32.1-248.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-248.4\/","history_text":"

This law was first created in 2018. The record of its establishment is cataloged in chapter 831<\/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":[{"id":63328,"section_number":"54.1-1129.1","catch_line":"Certification of water well systems providers; continuing education","order_by":null,"url":"\/54.1-1129.1\/"}],"permalink":{"id":203719,"object_type":"law","relational_id":83477,"identifier":"32.1-248.4","token":"32.1\/6\/10\/32.1-248.4","url":"\/32.1-248.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-248.4\/","token":"32.1\/6\/10\/32.1-248.4","dublin_core":{"Title":"Provision by the Department of certain services for onsite sewage systems and private wells","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-248.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Department<\/span> shall take steps to eliminate evaluation and design services provided by the Department<\/span> for onsite sewage systems and private wells. In taking such steps, the Department<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Accept private evaluations and designs for private wells, in compliance with the State Board<\/span> of Health regulations for construction of private wells, designed and certified by a certified master water well system provider pursuant to § 54.1-1129.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Cease providing onsite sewage system evaluations and design services that are not associated with a building permit or the repair of a failing sewage system. Hardship exceptions shall not apply to these services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Cease providing new construction evaluation and design services for an application that is not for a principal place of residence. Hardship exceptions shall not apply to these services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> By July 1, 2019, establish guidelines to maintain the Department<\/span> as a provider of last resort for a property owner who demonstrates a specific hardship in obtaining private sector evaluation and design services associated with a building permit or the repair of a failing sewage system that is for a principal place of residence. In developing such guidelines, the Department<\/span> shall solicit and consider input from stakeholders. The Department<\/span>’s guidelines shall include considerations for hardships based on (i) the availability of properly licensed service providers working within a locality or region, (ii) the disciplinary history of private sector providers, and (iii) the cost of private sector services. The Department<\/span> shall post its proposed guidelines on a website maintained by the Department<\/span> by November 1, 2018; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Beginning July 1, 2019, require an applicant for an onsite sewage system or private well construction permit who desires the Department<\/span> to provide evaluation and design services associated with a building permit or the repair of a failing sewage system that is for a principal place of residence to petition<\/span> the Department<\/span> to provide such evaluation and design services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> shall coordinate with the Department<\/span> of Professional and Occupational Regulation to establish any necessary agreements or procedures to ensure that potential violations of laws<\/span> or regulations regarding onsite sewage system and private well evaluation and design are referred to the appropriate agency or board for review. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROVISION BY THE DEPARTMENT OF CERTAIN SERVICES FOR ONSITE SEWAGE SYSTEMS AND\nPRIVATE WELLS (\u00a7 32.1-248.4)\n\nA. The Department shall take steps to eliminate evaluation and design services\nprovided by the Department for onsite sewage systems and private wells. In\ntaking such steps, the Department shall:\n\n 1. Accept private evaluations and designs for private wells, in compliance\n with the State Board of Health regulations for construction of private wells,\n designed and certified by a certified master water well system provider\n pursuant to § 54.1-1129.1;\n\n 2. Cease providing onsite sewage system evaluations and design services that\n are not associated with a building permit or the repair of a failing sewage\n system. Hardship exceptions shall not apply to these services;\n\n 3. Cease providing new construction evaluation and design services for an\n application that is not for a principal place of residence. Hardship\n exceptions shall not apply to these services;\n\n 4. By July 1, 2019, establish guidelines to maintain the Department as a\n provider of last resort for a property owner who demonstrates a specific\n hardship in obtaining private sector evaluation and design services associated\n with a building permit or the repair of a failing sewage system that is for a\n principal place of residence. In developing such guidelines, the Department\n shall solicit and consider input from stakeholders. The Department’s\n guidelines shall include considerations for hardships based on (i) the\n availability of properly licensed service providers working within a locality\n or region, (ii) the disciplinary history of private sector providers, and\n (iii) the cost of private sector services. The Department shall post its\n proposed guidelines on a website maintained by the Department by November 1,\n 2018; and\n\n 5. Beginning July 1, 2019, require an applicant for an onsite sewage system or\n private well construction permit who desires the Department to provide\n evaluation and design services associated with a building permit or the repair\n of a failing sewage system that is for a principal place of residence to\n petition the Department to provide such evaluation and design services.\n\nB. The Department shall coordinate with the Department of Professional and\nOccupational Regulation to establish any necessary agreements or procedures to\nensure that potential violations of laws or regulations regarding onsite sewage\nsystem and private well evaluation and design are referred to the appropriate\nagency or board for review.\n\nHISTORY: 2018, c. 831.","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}}