32.1-163.5 - On-site sewage evaluations.
§ 32.1-163.5. On-site sewage evaluations.
A. Notwithstanding other provisions of this chapter, for purposes ofsubdivision review, permit approval, and issuance of letters for residentialdevelopment, the Board, Commissioner, and Department of Health shall acceptprivate site evaluations and designs, in compliance with the Board'sregulations for septic systems and other on-site sewage systems, designed andcertified by a licensed professional engineer, in consultation with anauthorized on-site soil evaluator, or by an authorized on-site soilevaluator. The evaluations and designs included within such submissions shallbe certified as complying with the Board's regulations implementing thischapter.
B. The Department shall not be required to perform a field check of privateevaluations and designs prior to issuing the requested letter, permit orapproval; however, the Department may conduct such review of the work andfield analysis as deemed necessary to protect the public health and integrityof the Commonwealth's environment. Within fifteen working days from the dateof written submission of a request for approval of a site evaluation anddesign for a single lot construction permit, and within sixty days from thedate of written submission of a request for approval of a site evaluation anddesign for multiple lot certification letters or subdivision review, theDepartment shall (i) issue the requested letter, permit or approval or (ii)set forth in writing the specific reasons for denial. If the Department failsto take action to approve or disapprove the designs, evaluations, orsubdivision reviews within the time specified herein, the designs,evaluations or subdivision reviews shall be deemed approved and theappropriate letter, permit or approval shall be issued. Notwithstanding anyother provision of law or the provisions of any local ordinance, counties,cities and towns shall comply with the time limits set forth in thissubsection.
C. Nothing in this section shall authorize anyone other than an individuallicensed as a professional engineer pursuant to Chapter 4 (§ 54.1-400 etseq.) of Title 54.1 to engage in the practice of engineering.
D. The provisions of this section shall not apply to any locality that hasentered into a contract with the Board of Health in accordance with Chapter678 of the 1994 Acts of Assembly nor to a proprietary, pre-engineered septicsystem deemed by the Department to comply with the Board's regulations.
(1999, c. 1038; 2001, c. 337.)