12VAC5-610 Sewage Handling and Disposal Regulations

REGULATIONS

Vol. 29 Iss. 4 - October 22, 2012

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Chapter 610

Final Regulation

REGISTRAR'S NOTICE: The State Board of Health is claiming an exclusion from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The State Board of Health will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 12VAC5-610. Sewage Handling and Disposal Regulations (amending 12VAC5-610-320, 12VAC5-610-330).

Statutory Authority: §§ 32.1-12 and 32.1-164 of the Code of Virginia.

Effective Date: November 22, 2012.

Agency Contact: Allen Knapp, Director, Division of Onsite Sewage, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

Summary:

The amendments conform to recent changes in statutory law enacted by Chapter 184 of the 2012 Acts of Assembly. The amendments exempt onsite sewage system installations that are pursuant to designs certified by licensed private sector professional engineers and onsite soil evaluators from the department's inspection and coverage requirements and set out inspection and reporting requirements for such systems.

12VAC5-610-320. Inspection and correction.

No part of any installation shall be covered with earth or used until inspected, corrections made if necessary, and approved, by the district or local health department or unless expressly authorized by the district or local health department. Any part of an installation which has been covered prior to approval shall be uncovered upon the direction of the district or local health department. This section shall not apply to any sewage disposal system installation that is pursuant to a design certified by a licensed professional engineer or onsite soil evaluator.

Exception. This section is inapplicable to a Type III septage disposal facility.

12VAC5-610-330. Statements Inspections of private evaluations and designs and reports required upon completion of construction.

A. Statement from a licensed professional engineer on a project where the submission of formal plans and specifications are required. Upon completion of the construction or modifications of such a sewage disposal system, the owner permitted pursuant to a design certified by a licensed professional engineer or onsite soil evaluator, the certifying licensed professional engineer or onsite soil evaluator shall inspect the sewage disposal system installation in a timely manner and submit to the district or local health department a statement signed by a licensed professional engineer signed inspection report stating that the construction work installation was completed substantially in accordance with the approved plans and specifications evaluation and design revised only in accordance with the provisions of 12VAC5-610-310. This statement inspection report shall be based upon inspections of the sewage disposal system during and after construction or modifications that are adequate to assure the accuracy of the statement report. The department may, but is not required to, inspect the installation of such sewage disposal system. In the event that the certifying licensed professional engineer or onsite soil evaluator does not inspect the installation in a timely manner or declines to certify that the installation was completed substantially in accordance with the approved evaluation and design, the owner may petition the district or local health department to inspect the installation and render a final case decision approving or disapproving the installation. The district or local health department shall not be required to convene an informal fact-finding proceeding in accordance with § 2.2-4019 of the Code of Virginia or 12VAC5-610-200 prior to rendering such decision.

B. Statement from the sewage disposal system contractor. Upon completion of the construction or modification of a sewage disposal system, the owner shall submit to the district or local health department a statement signed by the contractor that the construction work was completed in accordance with the construction permit, and when appropriate the plans and specifications approved for the project and substantially in accordance with Part V (12VAC5-610-660 et seq.) of this chapter.

VA.R. Doc. No. R13-3356; Filed October 1, 2012, 2:37 p.m.