HOUSE BILL NO. 1950 Offered January 10, 2007 Prefiled January 5, 2007 A BILL to amend the Code of Virginia by adding a section numbered 32.1-163.6, relating to professional engineering design of onsite treatment works. ---------- Patron-- Morgan ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 32.1-163.6 as follows:

§ 32.1-163.6 Professional Engineering Design of Onsite Treatment Works.  

A. Notwithstanding other provisions of this chapter, the Board, Commissioner, and Department of Health shall accept private site evaluations and treatment works designs from individuals licensed as professional engineers pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1. The evaluations and designs shall be certified as complying with the Board's regulations implementing this chapter and as using that degree of skill and care ordinarily exercised by reputable members of the civil engineering profession practicing at the time of performance.

B. The Department shall not be required to perform a field check of private evaluations and designs prior to issuing the requested letter, permit, or approval; however, 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. All such reviews and evaluations of treatment works design submittals allowed under this section shall be performed by individuals licensed as or working under the direct supervision of a professional engineer pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1.

C. Within 21 calendar days from the date of site evaluation and design submittals for treatment works sized at 5,000 gallons per day or smaller, and within 45 calendar days from the date of site evaluation and design submittals for treatment works sized at more than 5,000 gallons per day, the Department shall (i) issue the requested letter, permit, or approval or (ii) set forth in writing the specific reasons for denial. If the Department fails to take action to approve or disapprove the designs, evaluations, or subdivision reviews within the time specified herein, the designs, evaluations or subdivision reviews shall be deemed approved and the appropriate letter, permit, or approval shall be issued.

D. The Department shall establish a design review board to hear all administrative appeals of denials of site evaluation and design letters, permits, or approvals. The Commissioner shall appoint four individuals licensed as professional engineers pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 to serve on the design review board with (i) one representing the Department of Health's Division of Wastewater Engineering, (ii) one representing the Department of Environmental Quality's Office of Wastewater Engineering, (iii) one representing the Virginia Society of Professional Engineers, and (iv) one representing the American Council of Engineering Companies of Virginia. The Commissioner shall appoint one member of the board to serve as Chairman. Proceedings of the design review board and appeals of its decisions shall be governed by the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) of Title 2.2.

E. A professional engineer responsible for a site evaluation or design may request an informal fact finding hearing pursuant to § 2.2-4019 of the Code of Virginia. The request for hearing shall cite the reason or reasons for the hearing request. The hearing shall be held within 45 calendar days of the hearing request. A written decision shall be sent to the professional engineer and the Commissioner within 15 calendar days of the hearing. If the decision is adverse to the interests of the appellant, the aggrieved appellant may request an adjudicatory hearing pursuant to the Board's regulations implementing this chapter and § 2.2-4020 of the Code of Virginia.