32.1-163.6 - Professional engineering of onsite treatment works.
§ 32.1-163.6. Professional engineering of onsite treatment works.
A. Notwithstanding other provisions of this chapter, for purposes of permitapproval, the Board, Commissioner, and Department of Health shall accepttreatment works designs from individuals licensed as professional engineerspursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1. The designs shall(i) be compliant with standard engineering practice and performancerequirements established by the Board and those horizontal setbackrequirements necessary to protect the public health and the environment, (ii)reflect that degree of skill and care ordinarily exercised by licensedmembers 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 systemsotherwise permitted pursuant to the regulations implementing this chapter.
B. The Department may conduct such review of the work and field analysis asdeemed necessary to protect the public health and integrity of theCommonwealth's environment.
C. Within 21 calendar days from the date of application for treatment workssized at 1,000 gallons per day or smaller, and within 60 calendar days fromthe date of application for treatment works sized at more than 1,000 gallonsper day, the Department shall (i) issue the requested approval, or (ii) setforth in writing the specific reasons for denial.
D. The Department shall establish an engineering design review panel toreview the Department's decision to disapprove an onsite sewage systemdesign. The Commissioner shall appoint four individuals licensed asprofessional engineers pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title54.1 with expertise in onsite sewage systems to serve on the engineeringdesign review panel with (i) one representing the Department of Health, (ii)one representing the Department of Environmental Quality, (iii) onerepresenting the Virginia Society of Professional Engineers, and (iv) onerepresenting the American Council of Engineering Companies of Virginia. If astate agency is unable to provide a representative in accordance with thissubsection, the Commissioner shall appoint another individual licensed as aprofessional engineer pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title54.1 with expertise in onsite sewage systems. The members of the designreview panel shall appoint a member to serve as Chairman. The design reviewpanel shall be designated a subordinate, as defined in § 2.2-4001, and shallmeet as necessary.
E. When the Department denies an application pursuant to subsection D, theowner may appeal that decision in accordance with § 32.1-164.1.Alternatively, the owner, or the professional engineer responsible for anonsite sewage system design with the owner's written consent, may request aninformal fact-finding conference before the engineering design review panelestablished in subsection D. The request must (i) be in writing, (ii) bereceived by the Commissioner within 30 days of the professional engineer'sreceipt of the Department's denial, and (iii) cite the reason or reasons forthe request. The informal fact-finding conference shall be held within 45calendar days of the request. The proceedings of the engineering designreview panel shall be governed by the provisions of the AdministrativeProcess Act (§ 2.2-4000 et seq.). Within 30 days following its receipt of theengineering review panel's written recommendations, the Department shallconsider the recommendations of the engineering design review panel andapprove the application or re-affirm its denial.
F. When the Department denies an application following review by theengineering design review panel, the owner may appeal that decision inaccordance with § 32.1-164.1.
G. This section shall not be construed to require an owner to seek review bythe engineering design review panel before appealing a permit denial pursuantto § 32.1-164.1.
H. This section shall not be construed to prohibit any locality from adoptingor enforcing any ordinance duly enacted pursuant to Chapter 21 (§ 15.2-2100et seq.) of Title 15.2.
I. All treatment works designs permitted pursuant to this section shallcomply with operation, maintenance, and monitoring requirements as set forthin regulations implementing this chapter.
(2008, c. 515; 2009, cc. 97, 220, 296.)