# Title 23.1 — Environmental Quality

## Chapter 23.1-07.1 — Onsite Wastewater Treatment Systems

### § 23.1-07.1-01. Definitions.

For the purposes of this chapter:
1. "Department" means the department of environmental quality.
2. "Install" means to place or replace a part of an onsite waster treatment system,
whether new or existing, to make it ready for use.
3. "License" means authorization by the department for an individual to engage in the
business of installing an onsite wastewater treatment system.
4. "Onsite wastewater treatment system" means a wastewater treatment system or part
thereof, serving a dwelling or building, or group thereof, which uses soil treatment and
disposal. The term commonly may be known as a septic system.
5. "Permit" means authorization from a local public health unit or other political
subdivision to install an onsite wastewater treatment system, in accordance with the
specific site and rules adopted under this title.
### § 23.1-07.1-02. Septic systems - Authority.

1. Except as otherwise provided by law, the department has the exclusive authority to
adopt rules regarding licensing, permitting, and inspections of onsite wastewater
treatment systems.
2. The department shall provide technical assistance and guidance to municipalities and
local public health units on all matters related to onsite wastewater treatment systems.
3. An ordinance enacted or adopted by a county or city in accordance with a home rule
charter, or an ordinance enacted or adopted by any other political subdivision, in
conflict with a rule adopted under this section is void.
### § 23.1-07.1-03. Licensing.

1. An individual may not engage in the business of installing an onsite wastewater
treatment system unless the individual is licensed. To remain licensed in good
standing, a licensee shall comply with this chapter and any rules adopted under this
title.
2. An individual is exempt from the licensing requirements of this chapter if the individual
is installing an onsite wastewater sewage treatment system on the individual's
premises for the individual's use.
3. The department shall establish rules for the issuance, expiration, and renewal of
licenses.
4. The department may revoke or suspend a license issued under this chapter if:
a. The licensee practices fraud or deception in obtaining the license or in the
individual's performance of a licensed activity;
b. Reasonable care, judgment, or the application of the licensee's knowledge or
ability is not used in the performance of the licensee's duties; or
c. The licensee violates a state or federal environmental law, rule, standard, or
permit when performing a licensed activity.
5. A license may not be revoked or suspended except after a hearing before the director
of the department, or the director's designated representative. If a license is
suspended or revoked, a new application for licensure may be considered by the
department only after the conditions causing the suspension or revocation have been
corrected, and evidence of this fact is submitted to the satisfaction of the department.
### § 23.1-07.1-04. Standards for onsite wastewater treatment systems - Installation -

Inspection.
1. The department shall establish rules relating to permitting onsite wastewater treatment
systems.

2. The department may prescribe by rule a process for obtaining variances for existing
nonconforming or nonfunctional onsite wastewater treatment systems. The process
shall consider the:
a. Environmental impact;
b. Impact to public health;
c. Cost of compliance; and
d. Least restrictive means.
3. Onsite wastewater sewage treatment system installation and inspections must comply
with the rules adopted in accordance with this title.
### § 23.1-07.1-05. Appeal to the department.

1. An action of a political subdivision denying, modifying, or revoking a permit to install an
onsite wastewater treatment system may be appealed to the department by petition for
review. The appeal must be filed with the department within ten days of receiving
notice of the denial, modification, or revocation.
2. Upon receipt of the petition, the department shall review the appealed decision and the
petition to determine whether the denial, modification, or revocation was made in
accordance with the provisions of this title and rules. The department shall provide its
findings and recommendation to the political subdivision, the licensed installer, and the
owner of the property where the proposed onsite wastewater treatment system is
located.
### § 23.1-07.1-06. Fees.

The department may provide for the payment and collection of reasonable fees for the
issuance of licenses for onsite wastewater system installers by rule. The license fees must be
based on the anticipated cost of filing and processing the application, taking action on the
requested license, and conducting an oversight program to determine compliance or
noncompliance with the license. Any moneys collected for licensing fees must be deposited in
the department operating fund in the state treasury and any expenditure from the fund is subject
to appropriation by the legislative assembly.
### § 23.1-07.1-07. Enforcement.

1. An individual who violates a provision of this chapter or any rule, standard, order, or
permit condition adopted in accordance with this chapter is subject to a civil penalty
not to exceed twelve thousand five hundred dollars per violation.
2. An individual who willfully makes a false statement, false representation, or false
certification in an application, record, report, plan, or other applicable requirement
implementing this chapter or that falsifies, tampers with, or willfully renders inaccurate
any monitoring device or sample, is subject to a civil penalty not to exceed five
thousand dollars per violation.
### § 23.1-07.1-08. Administrative procedure and judicial review.

1. A proceeding under this chapter to adopt or modify rules relating to licensing
individuals for the installation or servicing of onsite wastewater treatment systems, or
for determining compliance with rules of the department, must be conducted in
accordance with the provisions of chapter 28-32.
2. An appeal of a decision issued under subsection 1, must be conducted in accordance
with the provisions of chapter 28-32.
