Bill Text: VA HB1080 | 2016 | Regular Session | Prefiled
Bill Title: Onsite sewage systems; designs for treatment works from professional engineers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-09 - Continued to 2017 in Health, Welfare and Institutions by voice vote [HB1080 Detail]
Download: Virginia-2016-HB1080-Prefiled.html
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16102849D Be it enacted by the General Assembly of Virginia: 1. That §32.1-163.6 of the Code of Virginia is amended and reenacted as follows: §32.1-163.6. Professional engineering of onsite treatment works. 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 (§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 for public and private drinking water sources,
shellfish waters, natural lakes, impounded waters, streams,
and karst-related surface features necessary to protect the
public health and the environment 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'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 D. The Department shall establish an engineering design review
panel to review the Department's decision to disapprove E. When the Department denies an application pursuant to
subsection D, the owner may appeal that decision in accordance with §
32.1-164.1. Alternatively, the owner, or the professional engineer responsible
for an onsite sewage system design with the owner'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's receipt of the Department'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 (§2.2-4000 et seq.). Within 30 days following its receipt of the
engineering review panel's written recommendations, the F. When the Department denies an application following review by the engineering design review panel, the owner may appeal that decision in accordance with §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 §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 (§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. However, alternative onsite sewage systems sized at 1,000 gallons per day or less shall not be subject to effluent or ground water sampling requirements unless a Notice of Violation has been issued for such systems. In such cases, effluent and ground water sampling requirements shall be required only until such time as the Notice of Violation is nullified. J. Nothing in this section shall permit the Board, Commissioner, or Department to regulate, restrict, define, or prohibit any ground modification or improvement techniques associated with standard engineering practice for the purpose of meeting any performance requirements. |
