Proposed Text:

8. Gravelless material may be substituted for gravel in accordance with this chapter, provided that the certifying licensed professional engineer or onsite soil evaluator approves the substitution. The certifying licensed professional engineer or onsite soil evaluator shall identify the substitution on the inspection report submitted in accordance with 12VAC5-610-330. A new construction permit pursuant to 12VAC5-610-310 is not required for the substitution.

Recommended Changes:

8. Gravelless material may be substituted for gravel in accordance with this chapter, provided that the certifying licensed professional engineer or onsite soil evaluator approves the substitution in writing prior to system construction.   The certifying licensed professional engineer or onsite soil evaluator shall identify the substitution on the inspection report submitted in accordance with 12VAC5-610-330. A new construction permit pursuant to 12VAC5-610-310 is not required for the substitution.

Justification:  Per the Code of Virginia, only licensed professional engineers and licensed onsite soil evaluators may provide soil evaluations and designs for onsite sewage disposal systems.  Likewise, any modification or alteration to the DESIGN may increase personal liability to the licensed professional who prepared the design.  

Regulatory permits issued by the Virginia Department of Health do not require a license.