Bill Text: VA SB1277 | 2011 | Regular Session | Introduced
Bill Title: Onsite treatment works; Department of Health oversight of requirements for review.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-27 - Senate: Stricken at request of patron in Education and Health (15-Y 0-N) [SB1277 Detail]
Download: Virginia-2011-SB1277-Introduced.html
11102894D 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 B. The Department may conduct such review of the work and
field analysis as deemed necessary to 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's decision to disapprove an onsite sewage system
design. The Commissioner shall appoint 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 design review panel's written
recommendations, the F. When the 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. |