                                 CODE OF VIRGINIA

PROVISION BY THE DEPARTMENT OF CERTAIN SERVICES FOR ONSITE SEWAGE SYSTEMS AND
PRIVATE WELLS (§ 32.1-248.4)

A. 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:

   1. 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 &#xA7; 54.1-1129.1;

   2. 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;

   3. 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;

   4. 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&#8217;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

   5. 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.

B. 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.

HISTORY: 2018, c. 831.