VAPSS 2013 Annual Meeting SOIL SCIENCE AT WORK Onsite in the Fall Zone of Virginia

Transcription

1 VAPSS 2013 Annual Meeting SOIL SCIENCE AT WORK Onsite in the Fall Zone of Virginia October 17 and 18, 2013 Doubletree Hotel by Hilton 1021 Koger Center Blvd, North Chesterfield, VA Standards of Practice for Onsite Soil Evaluators; Work Product Expectation technical, legal, ethical basis. Jeff T. Walker, AOSE/LPSS Blue Ridge Site & Soil, LLC 778 Dobbins Farm Rd NE Floyd, VA (540)

2 HB1726 Chamber & Bundled Regulation policy: Priority: design specification by OSE/PE to protect public (see Townhall, BOH agenda 9/12/2013) SHADAC: GMP126B, Local GA, TMDL & N Priority: delegation of responsibility to public trust (see Townhall SHADAC minutes) SHIFT: incentives to increase private sector design while protecting health and environment. (see VDH SHIFT)

3 Links to Previous Legislative Actions and Studies VDH Re-engineering Initiative: Prepared by E. L. Hamm and Associates, Inc., May Report Document 32 on HB 2185 (2011 General Assembly), enhancing private sector input: Prepared by VDH DOSWSEEMP, December Report to Governor and General Assembly (Five Year Report): Prepared by VDH DOSWSEEMP, November Report to Governor and General Assembly (Five Year Report: Prepared by VDH DOSWSEEMP, January Senate Bill 415 (1994 General Assembly). Senate Bill 963 (1999 General Assembly). House Bill 2337 (1999 General Assembly). House Bill 2185 (2011 General Assembly).

4 Limit the design of sewerage components to engineers or exempt professionals, Sustain oversight role of code official; remove conflicts of interest from the permitting process, and Uphold the public s right to permitting by rule with a standardized package which protects the rights of all parties.

5 VDH Essential Services: Code official role, review & drafting permitting Records: construction & operating permits Regulatory & policy collect analyze & interpret data Establish & enforce standards Proprietary product review & approval Design bare application & repairs Fees Timelines & prioritization Standardization work product

6 Availability of OSE Cost of services recognizing regional differences Scope of services (e.g. difficult sites, advanced design, local requirements) Burdens for review, inspections & reporting Qualifications, ethics and incentives License requirements Access to VDH direct services Advantages to consumer, local government Cost, predictability, ease of access, historical basis

7

8 Perceived availability of Licensed OSE (regional) Cost (contractual and VDH application fees) 80% subsidy for bare application Compliance w/ Local government requirements (e.g. resistivity, zoning & more stringent setbacks) Failure to measure the VDH backlog & subcontract OSE Qualifications Based Selection Failure to prioritize OSE review and drafting of permitting (Policy goal is 95% within 5 days) Double standard (e.g. scale drawings, pump curves, disclosures, Indemnification Fund) Conflict of Interest (e.g. employer, revenue, regulator)

9 The local health department has the primary responsibility for processing applications for all onsite sewage treatment and dispersal systems. The local health department is the primary point of contact for private sector service providers. Local health department responsibilities include: Receiving applications Performing Quality Assurance (QA) reviews of proposals for systems serving residences and with an estimated daily flow of 1,000 gallons or less Establishing QA programs for VDH staff to ensure that policies, regulations and administrative procedures are correctly and consistently applied Coordinating the review of all other systems, including arranging preliminary engineering conferences, receiving plans from designers, and issuing the permit Making a final determination that proposals meet or do not meet all regulatory requirements (including whether to grant an exception recommended by a Technical Services Engineer) Issuing construction and operation permits

10

11 QA/QC

12

13

14

15 Flow chart to determine procedures for bare applications & OSE application including time frames and process.

16

17

18

19 Engineering references Code of VA "Improvements to real property" means any valuable addition or amelioration made to land and generally whatever is erected on or affixed to land which is intended to enhance its value, beauty or utility, or adapt it to new or further purposes. Examples of improvements to real property include, but are not limited to, structures, buildings, machinery, equipment, electrical systems, mechanical systems, roads, and water and wastewater treatment and distribution systems. "Professional engineer" means a person who is qualified to practice engineering by reason of his special knowledge and use of mathematical, physical and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and experience, and whose competence has been attested by the Board through licensure as a professional engineer.

20 The "practice of engineering" means any service wherein the principles and methods of engineering are applied to, but are not necessarily limited to, the following areas: consultation, investigation, evaluation, planning and design of public or private utilities, structures, machines, equipment, processes, transportation systems and work systems, including responsible administration of construction contracts. "Residential wastewater" means sewage (i) generated by residential or accessory uses, not containing storm water or industrial influent, and having no other toxic, or hazardous constituents not routinely found in residential wastewater flows, or (ii) as certified by a professional engineer. "Responsible charge" means the direct control and supervision of the practice of architecture, professional engineering, landscape architecture, or land surveying.

21 A. No license as.. professional engineer shall be required pursuant to for persons who prepare plans, specifications, documents and designs for the following, provided any such plans, specifications, documents or designs bear the name and address of the author and his occupation: 11. Conventional and alternative onsite sewage systems receiving residential wastewater, under the authority of Chapter 6 of Title 32.1, designed by a licensed onsite soil evaluator, which utilize packaged equipment, such as equipment of catalogued standard design that has been coordinated and tested by the manufacturer, and complies with all applicable codes, provided (i) the flow is less than 1,000 gallons per day; and (ii) if a pump is included, (a) it shall not include multiple downhill runs and must terminate at a positive elevational change; (b) the discharge end is open and not pressurized; (c) the static head does not exceed 50 feet; and (d) the force main length does not exceed 500 feet.

22 Contour & Topography w/out OSE exemption to engineering a disclaimer statement would be required Any person not licensed pursuant to subsection B of or preparing documentation pursuant to subsection C of shall note the following on such documentation: "Any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination."

23 A. Nothing contained in this chapter or in the regulations of the Board shall be construed to limit the authority of any public official authorized by law to approve plans, specifications or calculations in connection with improvements to real property. This shall include, but shall not be limited to, the authority of officials of local building departments as defined in 36-97, to require pursuant to the Uniform Statewide Building Code, state statutes, local ordinances, or code requirements that such work be prepared by a person licensed or certified pursuant to this chapter.

24 Engineering plan review B. Any public body authorized by law to require that plans, specifications or calculations be prepared in connection with improvements to real property shall establish a procedure to ensure that such plans, specifications or calculations be prepared by an architect, professional engineer, land surveyor or landscape architect licensed or authorized pursuant to this chapter in any case in which the exemptions contained in , or are not applicable.

25 State and local government employees; license exemptions for persons employed prior to March 8, Any person engaged in the practice of engineering, architecture, or land surveying as those terms are defined in as a regular, full-time, salaried employee of the Commonwealth or any political subdivision of the Commonwealth on March 8, 1992, who remains employed by any state agency or political subdivision shall be exempt until June 30, 2010, from the licensure requirements of provided the employee does not furnish advisory service for compensation to the public or as an independent contracting party in this Commonwealth or any political subdivision thereof in connection with engineering, architectural, or land surveying matters.

26 Drafting of permits, reviewing of plans or inspection of facilities for compliance with an adopted code or standard by any public body or its designated agent shall not require the services of an architect, professional engineer, land surveyor or landscape architect licensed pursuant to this chapter. (1982, c. 590, ; 1988, c. 765; 1992, cc. 780, 783; 1993, c. 662; 2009, c. 309.)

27 No person shall operate a waterworks or wastewater works, perform the duties of an onsite soil evaluator, or install or operate an alternative onsite sewage system, without a valid license. (1979, c. 408, ; 1988, c. 765; 2007, cc. 892, 924.)

28 Clarifies- owner is responsible for operation & compliance, enforcement is VDH duty A. There is hereby established a uniform schedule of civil penalties for the following violations of the board's regulations: 1. Install or cause to install, modify or cause to modify, use or operate an onsite or alternative discharging sewage system without a permit issued by the commissioner: $100 for the first violation, $150 for each additional violation. 2. Discharge treated or untreated sewage on the surface of the ground or into the waters of the Commonwealth without a permit: $100 for the initial violation, $150 for each additional violation. 3. Fail to obtain or keep a contract for operation, maintenance, or monitoring of an onsite or alternative discharging system to the extent that such contract is a requirement of the board's regulations: $50 for the initial violation, $100 for each additional violation. 4. Fail to submit to the department a laboratory test result, or an inspection or other report to the extent that such report is a requirement of the board's regulations: $50 for the initial violation, $100 for each additional violation. 5. To the extent such activities are not regulated by another agency of the Commonwealth, engage in unlawful transportation or handling of sewage or septage: $100 for the initial violation, $150 for each additional violation. 6. Any unlawful act described in 12VAC not specifically described in this subsection: $25 for the initial violation, $50 for each additional violation.

29 VA Administrative Code- duty of licensee A. The professional shall undertake to perform professional assignments only when qualified by education or experience, or both, and licensed or certified in the profession involved.. The professional may accept an assignment requiring education or experience outside of the field of the professional's competence, but only to the extent that services are restricted to those phases of the project in which the professional is qualified. All other phases of such project shall be the responsibility of licensed or certified associates, consultants or employees. B. A professional shall not misrepresent to a prospective or existing client or employer his qualifications and the scope of his responsibility in connection with work for which he is claiming credit. C. The professional shall adhere to the minimum standards and requirements pertaining to the practice of his own profession, as well as other professions if incidental work is performed.

30 REGULATIONS Last Updated July 1, 2012 STATUTES Title 54.1, Chapter 23 BOARD FOR WATERWORKS AND WASTEWATER WORKS OPERATORS AND ONSITE SEWAGE SYSTEM PROFESSIONALS C. The Board shall establish a program for licensing individuals as onsite soil evaluators, onsite sewage system installers, and onsite sewage system operators.

31 Oversight of DPOR licensees in terms of their performance of services that are controlled by other entities such as VDH is not reserved solely to DPOR. DPOR s role in regulating professional standards of practice does not extend to interpreting or enforcing statutes, regulations, policies, or procedures under the purview of other agencies. In the case of licensed Onsite Sewage System Professionals (OSSPs), VDH is indeed authorized to provide oversight or to require continuing education in exercising its mandate to protect public health and groundwater supplies in the Commonwealth. Complaints processed by DPOR are limited to those involving alleged regulatory violations of standards of practice and minimum professional competency. As with local building officials vis-à-vis licensed contractors, DPOR does not process complaints alleging building code violations per se; rather DPOR enforces a board regulation specific to failure to abate a building code violation documented by the local building official because the building official is the entity responsible for interpreting the building code, not DPOR or the Board for Contractors. Similarly, in issuing permits and conducting inspections, VDH not DPOR is the appropriate oversight body for interpreting whether OSSPs are deemed in compliance with system-related health and safety standards. DPOR would receive complaints specific to whether, for example, if VDH had found an OSSP in violation of VDH s statutes, regulations, policies, or procedures. With regard to conflict-of-interest, DPOR professions (i.e., home inspectors, real estate) generally address this issue through disclaimer rather than disclosure

32 The board has the power to discipline and fine any licensee, interim licensee, or provisional licensee and to suspend or revoke or refuse to renew or reinstate any license, interim license, or provisional license as well as the power to deny any application for a license, interim license, or provisional license under the provisions of Chapter 23 ( et seq.) of Title 54.1 of the Code of Virginia and this chapter for any of the following: 1. Obtaining, renewing, or attempting to obtain or renew a license, interim license, or provisional license through fraudulent means or misrepresentation;

33

34 Normally, a PE license is required to design an onsite sewage system, however; pursuant to the exemption a licensed onsite soil evaluator may design a system so long as the system meets all of the following criteria: 1. Utilizes packaged equipment, such as equipment of catalogued standard design that has been coordinated and tested by the manufacturer, and complies with all applicable codes; 2. Produces a flow which is less than 1,000 gallons per day; and 3. The pump (if a pump is included) does not include multiple downhill runs, Terminates at a positive elevational change; the discharge end is open and not pressurized; the static head does not exceed 50 feet; and the force main length does not exceed 500 feet

35 APELSCIDLA Guidance Dec An onsite sewage system that does not meet each of the above three conditions must be designed by a licensed PE. For any condition that is not met, it is not acceptable to have a PE sign and seal only that component; the PE is responsible for the entire system design. An onsite soil evaluator shall be responsible for any work he performs regarding a soil evaluation. A PE shall be responsible for the work he performs based on the soil evaluation. This does not preclude the involvement of a licensed onsite soil evaluator in designing an onsite sewage system; it only means that the PE must sign and seal the entire system because the licensed onsite soil evaluator no longer meets the exemption contained in A.11. The PE may utilize the soils work of the licensed onsite soil evaluator but the PE must sign and seal the complete system design. In situations when conditions 1-3 above are met, the system may be designed, signed, and sealed by a licensed onsite soil evaluator. Should a PE be involved in any design of the system, regardless if a PE license is required, he must sign and seal his work pursuant to Board regulations.

36 "Direct control and personal supervision" also includes the following: 1. The degree of control necessary for a professional to be in direct control and personal supervision shall be such that the professional: a. Personally makes professional decisions or reviews and approves proposed decisions prior to their implementation, including the consideration of alternatives, whenever professional decisions that could affect the health, safety, and welfare of the public are made; and b. Determines the validity and applicability of recommendations prior to their incorporation into the work, including the qualifications of those making the recommendations. 2. Professional decisions that must be made by and are the responsibility of the professional in direct control and personal supervision are those decisions concerning permanent or temporary work that could affect the health, safety, and welfare of the public, and may include, but are not limited to, the following: a. The selection of alternatives to be investigated and the comparison of alternatives for designed work; and b. The selection or development of design standards and materials to be used. 3. A professional shall be able to clearly define the scope and degree of direct control and personal supervision and how it was exercised and to demonstrate that the professional was answerable within said scope and degree of direct control and personal supervision necessary for the work for which the professional has signed and sealed;

37 DPOR WWWOOSOP 1. Promptly and fully inform an employer or client of any business association, interest, or circumstance that may influence the regulant's judgment or the quality of service. 2. Not accept compensation, financial or otherwise, from more than one party for services on or pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to by, all interested parties in writing. 3. Neither solicit nor accept financial or other valuable consideration from material or equipment suppliers for specifying their products or services. 4. Not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with a client or employer in connection with work for which the regulant is responsible. Historical Notes Derived from Virginia Register Volume 25, Issue 19, eff. July 1, 2009.

38 DPOR LPSS A licensed professional soil scientist: 1. Shall not submit any false statements, make any misrepresentations or fail to disclose any facts requested concerning any application for certification or recertification. 2. Shall not engage in any fraud, deceit or misrepresentation in advertising, in soliciting or in providing professional services. 3. Shall not knowingly sign, stamp, or seal any plans, drawings, blueprints, surveys, reports, specifications, maps or other documents not prepared or reviewed and approved by the certificate holder.

39 4. Shall not knowingly represent a client or employer on a project on which the certificate holder represents or has represented another client or employer without making full disclosure thereof. 5. Shall express a professional opinion only when it is founded on adequate knowledge of established facts at issue and based on a background of technical competence in the subject matter. 6. Shall not knowingly misrepresent factual information in expressing a professional opinion. 7. Shall immediately notify the client or employer and the appropriate regulatory agency if the certificate holder's professional judgment is overruled and not adhered to when advising appropriate parties of any circumstances of a substantial threat to the public health, safety, or welfare. 8. Shall exercise reasonable care when rendering professional services and shall apply the technical knowledge, skill and terminology ordinarily applied by practicing soil scientists.

40

41 Identify client Scope & purpose Goals Limitations

42 Scope Rights of access, indemnification Validity & disclosure or disclaimer Privacy & reporting Compensation

43 Compensation Terms Termination

44 Resolution Governing Law and mutuality Title & endorsement dated

45 The Design integrates information from public record and provided by other Purpose professionals under : 12VAC Access to information. Parcel location Numeration consistent Applicant data ID & address contents Well ID w/ setbacks Signature and title

46 DPOR Identification Property Identification Invoking design standards Invoking design authority

47 Soil & Site Description Standard notation by USDA NRCS Interpretation of conditions should establish design limitations Abbreviations must be standard &/0r noted on document

48 Specifications for review by code official Load and calculations footprint

49 Specifications for Licensed Installers Installers rely upon Specifications to price and quote systems, each installer must be held to same standard to protect owner, and competitors. Chamber substitutions and conditions

50 Specifications for Licensed Installer in accordance or exceeding the Regulations (615, 610 etc) Installers rely upon Specifications to price and quote systems, each installer must be held to same standard to protect owner, and competitors. Disclaimers /disclosures should be in permit documents Additional fees ((re-)inspection) and other responsibilities must be delivered in document

51 Control and Design of Substitutions: Only a designer can control the components within a design, the manufacturer and installer rely upon these specifications to protect their and the client s interests.

52 Conditional statements: Conditions might include pre-construction conference; or events following the final inspection, or operations permit.

53 Pump head and friction calculations, volume and dosing specifications etc. Working volumes Alarm & controls Licensed contractor Materials and workmanship

54 Pump curve and selection of product satisfying design requirements under license or exemption to engineering Manufacture and model number selected equipment Dynamic head pressure must be within specifications shown on pump curve Run time to satisfy best practices

55 Scaled Site plan, including setbacks Existing drainfield Existing well Surface water Topography Scale, compass, legend, date

56 Critical elevations and location information

57 Drafting of Permit with issuance to Owner and copy provided to OSE/PE

58 Operators Contractors Homeowners Regulators

59 10 or more objections have been filed (9/12/13) Reason: The Board of Health received 28 comments objecting to the fast-track process. Commenters expressed concern about the following topics: (1) whether adequate and enforceable standards would exist without 12VAC-615, including the ability of the Virginia Department of Health (VDH) to enforce, by policy, technical and procedural requirements, roles and responsibilities, standards of practice, and other work product from licensees of the Department of Professional and Occupational Regulation (DPOR); (2) whether certain portions of 12VAC5-615 should be retained in other regulations administered by VDH or DPOR before rescinding, including ethical requirements, certain definitions (e.g., backlogs), and application requirements; and (3) whether VDH could implement a consistent, predictable, and enforceable program without 12VAC5-615; for example, VDH has different requirements between public and private sector licensees.

60 A. This chapter describes the content and form of site and soil evaluation reports submitted to the department by an AOSE/PE pursuant to an application filed for an approval under the Sewage Handling and Disposal Regulations (12 VAC et seq.)

61 Basis: Sections , , , and :01 of the Code of Virginia contain requirements and provisions for authorized onsite soil evaluators (AOSE). These sections require the Board of Health to establish a program for qualifying individuals as AOSEs, to accept private evaluations and designs for onsite sewage systems for residential development from an AOSE or from a professional engineer (PE) in consultation with an AOSE, to contract with an AOSE for evaluations when backlogs exceed 15 days, and they allow for the discretionary use of the Onsite Sewage Indemnification Fund to support the program for training and recognizing AOSEs.

62 A. The commissioner may grant a variance to this chapter. The commissioner shall follow the appropriate procedures set forth in this section in granting a variance. B. A variance is a conditional waiver of a specific regulation which is granted to a specific person and may be for a specified time period.

63 Additional information required by local ordinances (i.e., Chesapeake Bay requirements) may be included with an AOSE submission in order to facilitate processing the application. However, for the purposes of an AOSE/PE certifying that an evaluation and/or design complies with the Sewage Handling and Disposal Regulations and for "deemed approval" only those requirements contained in the Board of Health's regulations are considered to apply unless a local government has requested its health department to implement a more restrictive local ordinance in accordance with 12VAC B. Wastewater system sites proposed for use must be defined in a manner that allows them to be identified with an accuracy and precision of three feet or less.

64 A. An AOSE/PE must certify that a site meets or does not meet the requirements of either the Sewage Handling and Disposal Regulations (12 VAC et seq.), the Private Well Regulations (12 VAC [ ] et seq.), or both, and may design [ certain ] traditional systems in accordance with the same regulations. Responsibility for assuring that site evaluations and designs comply with the Sewage Handling and Disposal Regulations or the Private Well Regulations rests with the AOSE/PE submitting the work.

65 B. The Department of Health shall have the following responsibilities: 1. The department s role in evaluating an AOSE/PE submission will be to review the materials submitted with an application [for as it deems necessary to assure ] compliance with this chapter, the Sewage Handling and Disposal Regulations, the Private Well Regulations and the department s policies prior to approval or disapproval of an application.

66 A. The AOSE shall be truthful in all AOSE matters. B. When serving as an expert or technical witness, the AOSE shall express an opinion only when it is based on an adequate knowledge of the facts and in areas on which he is competent to testify. Except when appearing as an expert witness in court or an administrative proceeding where the parties are represented by counsel, the AOSE shall issue no statements, reports, criticisms, or arguments on matters relating to AOSE practice that are inspired or paid for by an interested party or parties, unless the AOSE has prefaced the comment by disclosing the identities of the party or parties on whose behalf the AOSE is speaking and by revealing any self-interest. C. An AOSE shall not knowingly make a materially false statement or fail deliberately to disclose a material fact requested in connection with his application for licensure, certification, registration, renewal or reinstatement. D. An AOSE shall not knowingly make a materially false statement or fail to deliberately disclose a material fact requested in connection with an application submitted to the department by any other individual or business entity for licensure, certification, registration, renewal or reinstatement.

67 A. The AOSE shall promptly and fully inform an employer or client of any business association, interest, or circumstance or circumstances that may influence the AOSE's judgment or the quality of service. B. The AOSE shall not accept compensation, financial or otherwise, from more than one party for services on or pertaining to the same project, unless the circumstances are fully disclosed in writing to all parties of current interest and he obtains the parties' written approval. C. The AOSE shall neither solicit nor accept financial or other valuable consideration from suppliers for specifying their products or services. D. The AOSE shall not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with a client or employer in connection with work for which the AOSE is responsible. Statutory Authority

68 In the course of soliciting work: 1. The AOSE shall not bribe. 2. The AOSE shall not falsify or permit misrepresentation of the AOSE's work or an associate's academic or AOSE qualifications, nor shall the AOSE misrepresent the degree of responsibility for prior assignments. Materials used in the solicitation of employment shall not misrepresent facts concerning employers, employees, associates, joint ventures or past accomplishments of any kind.

69 A. The AOSE shall not knowingly associate in a business venture with, or permit the use of the AOSE's name or firm name by, any person or firm where there is reason to believe that person or firm is engaging in activity of a fraudulent or dishonest nature or is violating any law or regulations of the department. B. An AOSE who has direct knowledge that another individual or firm may be violating any of these provisions, or the provisions of Article 1 ( et seq.) of Chapter 6 of Title 32.1 of the Code of Virginia, shall immediately inform the commissioner in writing and shall cooperate in furnishing any further information or assistance that may be required. C. The AOSE shall, upon request or demand, produce to the commissioner, or any of his agents, any plan, document, book, record or copy thereof in his possession concerning a transaction covered by this chapter, and shall cooperate in the investigation of a complaint filed with the commissioner against a certificate holder. D. Except as provided in subsection E of this section, an AOSE shall not utilize the evaluations, design, drawings or work of another AOSE without the knowledge and written consent of the AOSE or organization of ownership that originated the design, drawings or work. In the event that the AOSE who generated the original document is no longer employed by the firm retaining ownership of the original documents or is deceased, another AOSE who is a partner or officer in the firm retaining ownership of the original documents may authorize utilization of the original documents by another AOSE or firm. This fact must be disclosed to the department when submitting applications supported by AOSE materials and certifications. E. The information contained in Department of Health records, on which a decision to approve or deny a site has been made, shall be considered to be in the public domain and may be utilized by an AOSE without permission. F. An AOSE who relies on information in Department of Health files or has received permission to modify or otherwise utilize the evaluation, design, drawings or work of another AOSE pursuant to subsection D or E of this section may certify that work only after a thorough review of the evaluation, design, drawings or work and after he determines that he is willing to assume full responsibility for all design, drawings or work on which he relies for his opinion. G. The information contained in recorded plats or surveys may be utilized by an AOSE without permission. If modifications are to be made to the plats or surveys, such modifications shall only be made by a person or persons authorized pursuant to Chapter 4 ( et seq.) of Title 54.1 and Title 13.1 of the Code of Virginia to make such changes or modifications to the plats or surveys.

70 Section mandates the Commissioner to contract with authorized onsite soil evaluators for the field evaluation of backlogged application sites. This is for professional services and should follow the basic tenants of QBS (Quality Based Selection), rather than selecting the lowest bidder or un-qualified licensees. Section mandates the VDH to accept private site evaluations and designs, in compliance with the Board's regulations for septic systems and other on-site sewage systems, designed and certified by a licensed professional engineer, in consultation with an authorized onsite soil evaluator, or by an authorized on-site soil evaluator. If the Department fails to take action to approve or disapprove the designs, evaluations, or subdivision reviews within specified times, the designs, evaluations or subdivision reviews shall be deemed approved and the appropriate letter, permit or approval shall be issued.

71 A. Notwithstanding other provisions of this chapter, for purposes of subdivision review, permit approval, and issuance of letters for residential development, the Board, Commissioner, and Department of Health shall accept private site evaluations and designs, in compliance with the Board's regulations for septic systems and other on-site sewage systems, designed and certified by a licensed professional engineer, in consultation with an authorized on-site soil evaluator, or by an authorized on-site soil evaluator.

72 There is hereby established, in the Department of Health, the State Health Department Sewage Handling and Disposal Appeal Review Board, consisting of seven members, appointed by the Governor subject to confirmation by the General Assembly. The members shall include one member who is a soil scientist; one member who is a professional engineer in private practice; one member who is a residential builder; one member who is an academic professional engaged in research and teaching in a soils-related discipline; one member who has had experience in the field of enforcement of onsite sewage disposal regulations; one member who is engaged in private soils analysis work related to the installation of onsite sewage systems; and one member from the public at large who may have experience in the installation of onsite sewage systems. The members shall serve at the pleasure of the Governor.

73 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. Within fifteen working days from the date of written submission of a request for approval of a site evaluation and design for a single lot construction permit, and within sixty days from the date of written submission of a request for approval of a site evaluation and design for multiple lot certification letters or subdivision review, 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. Notwithstanding any other provision of law or the provisions of any local ordinance, counties, cities and towns shall comply with the time limits set forth in this subsection.