Onsite Sewage Indemnification Fund; indemnification claim time. (HB1949)

Introduced By

Del. Harvey Morgan (R-Gloucester)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Onsite Sewage Indemnification Fund; increased indemnification claim time. Increases the period in which claims for indemnification from the Fund can be brought from three to eight years after construction of the onsite sewage system. Eliminates the provision that dollars from the Fund may be used to support a program for the training and recognition of authorized onsite soil evaluators. Read the Bill »


03/19/2007: signed by governor


01/05/2007Prefiled and ordered printed; offered 01/10/07 078809428
01/05/2007Referred to Committee on Health, Welfare and Institutions
01/25/2007Impact statement from DPB (HB1949)
02/01/2007Reported from Health, Welfare and Institutions with amendments (20-Y 0-N) (see vote tally)
02/02/2007Read first time
02/03/2007Read second time
02/03/2007Committee amendments agreed to
02/03/2007Amendments by Delegate Morgan agreed to
02/03/2007Engrossed by House as amended HB1949E
02/03/2007Printed as engrossed 078809428-E
02/05/2007Read third time and passed House (97-Y 0-N)
02/05/2007Communicated to Senate
02/06/2007Impact statement from DPB (HB1949E)
02/06/2007Constitutional reading dispensed
02/06/2007Referred to Committee on Education and Health
02/16/2007Constitutional reading dispensed (39-Y 0-N)
02/16/2007VOTE: (39-Y 0-N) (see vote tally)
02/19/2007Read third time
02/19/2007Passed Senate (40-Y 0-N)
02/19/2007VOTE: (40-Y 0-N) (see vote tally)
02/28/2007Bill text as passed House and Senate (HB1949ER)
03/01/2007Signed by Speaker
03/02/2007Signed by President
03/14/2007Impact statement from DPB (HB1949ER)
03/19/2007G Approved by Governor-Chapter 448 (effective 7/1/07)
03/27/2007G Acts of Assembly Chapter text (CHAP0448)


David Burris writes:

Septic systems fail for a number of reasons and trying to decide who is primarily at fault becomes harder as time goes on. Users of the system must also take responciblity for its sucessful operation. The present 3 years is sufficient. Authorized onsite soil evaluators are required to have training to maintain thier certification. Training is hard to come by and expensive especially since most of these people are self-employed. They could use the funds and the expertice of the Health Department personnel for formal training.

Tea Thompson writes:

Indemnification cases depend not only on documentation from files but information from individuals involved with development and permitting of the lot. After 3 years, it would be difficult to recall details about an individual lot. Talk about fuzzy memories! Also, with current turnover in VDH, it is unlikely that the individual who issued the permit would still be working at the health department 8 years after the system is installed. As for AOSE training using indemnification fund monies- AOSE's work under regulations created and enforced by VDH - we should promote cooperation and teamwork by assisting them whenever possible. Also, the indemnification fund fee of $10 is charged for all septic system applications including those submitted by AOSEs.