Virginia HB 769: Onsite sewage system pump-out oversight; certain localities.

Bill Text

VIRGINIAACTSOFASSEMBLY--2022SESSION
CHAPTER486
An Act to amend and reenact §§ 32.1-164 and 62.1-44.15:72 of the Code of Virginia, relating to
Department of Health; onsite sewage treatment system pump-out oversight; certain localities.
[H769]
ApprovedApril11,2022
Be it enacted by the General Assembly of Virginia:
1. That §§ 32.1-164 and 62.1-44.15:72 of the Code of Virginia are amended and reenacted as
follows:
§ 32.1-164. Powers and duties of Board; regulations; fees; onsite soil evaluators; letters in lieu
of permits; inspections; civil penalties.
A. The Board shall have supervision and control over the safe and sanitary collection, conveyance,
transportation, treatment, and disposal of sewage by onsite sewage systems and alternative discharging
sewage systems, and treatment works as they affect the public health and welfare. The Board shall also
have supervision and control over the maintenance, inspection, and reuse of alternative onsite sewage
systems as they affect the public health and welfare. In discharging the responsibility to supervise and
control the safe and sanitary treatment and disposal of sewage as they affect the public health and
welfare, the Board shall exercise due diligence to protect the quality of both surface water and ground
water. Upon the final adoption of a general Virginia Pollutant Discharge Elimination permit by the State
Water Control Board, the Board of Health shall assume the responsibility for permitting alternative
discharging sewage systems as defined in § 32.1-163. All such permits shall comply with the applicable
regulations of the State Water Control Board and be registered with the State Water Control Board.
In the exercise of its duty to supervise and control the treatment and disposal of sewage, the Board
shall require and the Department shall conduct regular inspections of alternative discharging sewage
systems. The Board shall also establish requirements for maintenance contracts for alternative
discharging sewage systems. The Board may require, as a condition for issuing a permit to operate an
alternative discharging sewage system, that the applicant present an executed maintenance contract. Such
contract shall be maintained for the life of any general Virginia Pollutant Discharge Elimination System
permit issued by the State Water Control Board.
B. The regulations of the Board shall govern the collection, conveyance, transportation, treatment and
disposal of sewage by onsite sewage systems and alternative discharging sewage systems and the
maintenance, inspection, and reuse of alternative onsite sewage systems. Such regulations shall be
designed to protect the public health and promote the public welfare and may include, without
limitation:
1. A requirement that the owner obtain a permit from the Commissioner prior to the construction,
installation, modification or operation of a sewerage system or treatment works except in those instances
where a permit is required pursuant to Chapter 3.1 (§62.1-44.2 et seq.) of Title 62.1.
2. Criteria for the granting or denial of such permits.
3. Standards for the design, construction, installation, modification and operation of sewerage systems
and treatment works for permits issued by the Commissioner.
4. Standards governing disposal of sewage on or in soils.
5. Standards specifying the minimum distance between sewerage systems or treatment works and:
a. Public and private wells supplying water for human consumption,
b. Lakes and other impounded waters,
c. Streams and rivers,
d. Shellfish waters,
e. Ground waters,
f. Areas and places of human habitation,
g. Property lines.
6. Standards as to the adequacy of an approved water supply.
7. Standards governing the transportation of sewage.
8. A prohibition against the discharge of untreated sewage onto land or into waters of the
Commonwealth.
9. A requirement that such residences, buildings, structures and other places designed for human
occupancy as the Board may prescribe be provided with a sewerage system or treatment works.
10. Criteria for determining the demonstrated ability of alternative onsite systems, which are not
permitted through the then current sewage handling and disposal regulations, to treat and dispose of
sewage as effectively as approved methods.
11. Standards for inspections of and requirements for maintenance contracts for alternative

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discharging sewage systems.
12. Notwithstanding the provisions of subdivision 1 above and Chapter 3.1 of Title 62.1, a
requirement that the owner obtain a permit from the Commissioner prior to the construction, installation,
modification, or operation of an alternative discharging sewage system as defined in §32.1-163.
13. Criteria for granting, denying, and revoking of permits for alternative discharging sewage
systems.
14. Procedures for issuing letters recognizing onsite sewage sites in lieu of issuing onsite sewage
system permits.
15. Performance requirements for nitrogen discharged from alternative onsite sewage s