                                 CODE OF VIRGINIA

PROFESSIONAL ENGINEERING OF ONSITE TREATMENT WORKS (§ 32.1-163.6)

A. Notwithstanding other provisions of this chapter, for purposes of permit
approval, the Board, Commissioner, and Department of Health shall accept
treatment works designs from individuals licensed as professional engineers
pursuant to Chapter 4 (&#xA7; 54.1-400 et seq.) of Title 54.1. The designs shall
(i) be compliant with standard engineering practice and performance requirements
established by the Board and those horizontal setback requirements necessary to
protect the public health and the environment, (ii) reflect that degree of skill
and care ordinarily exercised by licensed members of the engineering profession
practicing at the time of performance, (iii) be appropriate for the particular
soil characteristics of the site, and (iv) ensure that the treatment works will
meet or exceed the discharge, effluent, and surface and ground water quality
standards for systems otherwise permitted pursuant to the regulations
implementing this chapter.

B. 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.

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

D. The Department shall establish an engineering design review panel to review
the Department&#8217;s decision to disapprove an onsite sewage system design.
The Commissioner shall appoint four individuals licensed as professional
engineers pursuant to Chapter 4 (&#xA7; 54.1-400 et seq.) of Title 54.1 with
expertise in onsite sewage systems to serve on the engineering design review
panel with (i) one representing the Department of Health, (ii) one representing
the Department of Environmental Quality, (iii) one representing the Virginia
Society of Professional Engineers, and (iv) one representing the American
Council of Engineering Companies of Virginia. If a state agency is unable to
provide a representative in accordance with this subsection, the Commissioner
shall appoint another individual licensed as a professional engineer pursuant to
Chapter 4 (&#xA7; 54.1-400 et seq.) of Title 54.1 with expertise in onsite
sewage systems. The members of the design review panel shall appoint a member to
serve as Chairman. The design review panel shall be designated a subordinate, as
defined in &#xA7; 2.2-4001, and shall meet as necessary.

E. When the Department denies an application pursuant to subsection D, the owner
may appeal that decision in accordance with &#xA7; 32.1-164.1. Alternatively,
the owner, or the professional engineer responsible for an onsite sewage system
design with the owner&#8217;s written consent, may request an informal
fact-finding conference before the engineering design review panel established
in subsection D. The request must (i) be in writing, (ii) be received by the
Commissioner within 30 days of the professional engineer&#8217;s receipt of the
Department&#8217;s denial, and (iii) cite the reason or reasons for the request.
The informal fact-finding conference shall be held within 45 calendar days of
the request. The proceedings of the engineering design review panel shall be
governed by the provisions of the Administrative Process Act (&#xA7; 2.2-4000 et
seq.). Within 30 days following its receipt of the engineering review
panel&#8217;s written recommendations, the Department shall consider the
recommendations of the engineering design review panel and approve the
application or re-affirm its denial.

F. When the Department denies an application following review by the engineering
design review panel, the owner may appeal that decision in accordance with
&#xA7; 32.1-164.1.

G. This section shall not be construed to require an owner to seek review by the
engineering design review panel before appealing a permit denial pursuant to
&#xA7; 32.1-164.1.

H. This section shall not be construed to prohibit any locality from adopting or
enforcing any ordinance duly enacted pursuant to Chapter 21 (&#xA7; 15.2-2100 et
seq.) of Title 15.2.

I. All treatment works designs permitted pursuant to this section shall comply
with operation, maintenance, and monitoring requirements as set forth in
regulations implementing this chapter.

HISTORY: 2008, c. 515; 2009, cc. 97, 220, 296.