                                 CODE OF VIRGINIA

ONSITE SEWAGE EVALUATIONS (§ 32.1-163.5)

A. Notwithstanding other provisions of this chapter, for purposes of subdivision
review, permit approval, and issuance of letters for residential development,
the Board, Commissioner, and Department of Health shall accept private site
evaluations and designs, in compliance with the Board&#8217;s regulations for
septic systems and other onsite sewage systems, designed and certified by a
licensed professional engineer, in consultation with a licensed onsite soil
evaluator, or by a licensed onsite soil evaluator. The evaluations and designs
included within such submissions shall be certified as complying with the
Board&#8217;s regulations implementing this chapter.

B. The Department shall not be required to perform a field check of private
evaluations and designs prior to issuing the requested letter, permit or
approval; however, the Department may conduct such review of the work and field
analysis as deemed necessary to protect the public health and integrity of the
Commonwealth&#8217;s environment. Within 15 working days from the date of
written submission of a request for approval of a site evaluation and design for
a single lot construction permit, and within 60 days from the date of written
submission of a request for approval of a site evaluation and design for
multiple lot certification letters or subdivision review, the Department shall
(i) issue the requested letter, permit or approval or (ii) set forth in writing
the specific reasons for denial. If the Department fails to take action to
approve or disapprove the designs, evaluations, or subdivision reviews within
the time specified herein, the designs, evaluations or subdivision reviews shall
be deemed approved and the appropriate letter, permit or approval shall be
issued. Notwithstanding any other provision of law or the provisions of any
local ordinance, counties, cities and towns shall comply with the time limits
set forth in this subsection.

C. Nothing in this section shall authorize anyone other than an individual
licensed as a professional engineer pursuant to Chapter 4 (&#xA7; 54.1-400 et
seq.) of Title 54.1 to engage in the practice of engineering.

D. The provisions of this section shall not apply to any locality that has
entered into a contract with the Board of Health in accordance with Chapter 678
of the 1994 Acts of Assembly nor to a proprietary, pre-engineered septic system
deemed by the Department to comply with the Board&#8217;s regulations.

HISTORY: 1999, c. 1038; 2001, c. 337; 2016, c. 90.