Section 448. General approval of provisionally approved systems

A. After the evaluation period specified in 12VAC5-610-447 is completed, site selection design and construction criteria shall be developed when the commissioner is satisfied that the sewage treatment and disposal system, method, process or equipment has demonstrated operational competency and satisfactory performance equal to or better than that of a gravity flow septic tank drainfield absorption system. Initially these criteria shall be implemented by policy and shall grant the status of general approval to the system or process and shall not limit the number of systems allowed. Subsequently, at the discretion of the department, criteria for the approved system shall be incorporated into this chapter in accordance with the Virginia Administrative Process Act (§ 9-6.14:1 et seq. of the Code of Virginia). The criteria shall include, at a minimum, the site conditions necessary for permitting a system, design considerations, installation criteria, performance, monitoring and service requirements of the methods, processes and equipment.

B. After the evaluation period specified in 12VAC5-610-447 is completed, site selection and design and construction criteria required in Part V (12VAC5-610-660 et seq.) of this chapter shall not be developed if the commissioner concludes that the sewage treatment and disposal system, method, process or equipment has not demonstrated satisfactory performance and operational competency equal to or better than that of a gravity flow septic tank-drainfield absorption system. The provisional system approval may be extended or rescinded for any system failing to show equivalency with a gravity flow septic tank-drainfield absorption system. After the provisional approval for a system has been rescinded, any future applications for systems utilizing the same design shall be denied. However, this provision shall not be used to prevent systems of similar design which have been modified in a manner which can reasonably be expected to overcome the previously identified deficiencies to be considered under the experimental requirements of this chapter.

Historical Notes

Derived from Volume 16, Issue 16, eff. July 1, 2000.

Statutory Authority

§§ 32.1-12 and 32.1-164 of the Code of Virginia.