Section 40. Relationship to other regulations

A. This chapter is supplemental to 12VAC5-610 (Sewage Handling and Disposal Regulations).

B. All procedures pertaining to enforcement, minimum requirements for filing applications, and processing of applications, including appeals and case decisions contained in the Sewage Handling and Disposal Regulations shall apply to the permitting of AOSSs under this chapter.

C. In any case where there is a conflict between this chapter and the Sewage Handling and Disposal Regulations, this chapter shall control.

D. This chapter supersedes Table 5.4 of the Sewage Handling and Disposal Regulations for all AOSSs designed to disperse TL-2 or TL-3 effluent. Table 5.4 of the Sewage Handling and Disposal Regulations (12VAC5-610-950) shall govern the design of any AOSS designed to disperse septic tank effluent to the soil treatment area unless waived pursuant to 12VAC5-613-210.

E. All plans and specifications for AOSSs shall be properly sealed by a professional engineer licensed in the Commonwealth pursuant to Title 54.1 of the Code of Virginia unless such plans are prepared pursuant to an exemption from the licensing requirements of Title 54.1 of the Code of Virginia. All AOSS designs prepared by a professional engineer shall be reviewed by the department pursuant to § 32.1-163.6 of the Code of Virginia unless otherwise designated in writing by the professional engineer.

F. When AOSS designs are prepared pursuant to an exemption from the licensing requirements of Title 54.1 of the Code of Virginia, the designer shall provide a certification statement in a form approved by the division identifying the specific exemption under which the plans and specifications were prepared and certifying that the designer is authorized to prepare such plans pursuant to the exemption.

G. Each application under § 32.1-163.6 of the Code of Virginia shall include a site and soil characterization report using the Field Book for Describing and Sampling Soils, Version 2.0, National Soil Survey Center, Natural Resources Conservation Service, U.S. Department of Agriculture, September 2002. The report may contain such information that the designer deems appropriate; however, it must describe the following minimum attributes of the site of the proposed soil treatment area:

1. Depth to limiting features, seasonal or perched water tables, pans, restrictions, or pervious or impervious bedrock;

2. Slope of the project area;

3. Ksat or percolation rate at the proposed installation depth and at depths below the soil treatment area to demonstrate compliance with this chapter. Ksat or percolation rate may be estimated for small AOSSs. The Ksat or percolation rate must be measured using an appropriate device for large AOSSs;

4. Landscape or landform; and

5. Project area along with those physical features in the vicinity of the proposed AOSS normally associated with plans for onsite sewage systems; such physical features include streams, bodies of water, roads, utilities, wells and other drinking water sources, existing and proposed structures, and property boundaries.

Historical Notes

Derived from Volume 28, Issue 05, eff. December 7, 2011.

Statutory Authority

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