Regarding Deemed Approved, VDH has shirked it's responsibilities to either question the substance of fact of a certified application, or deem it approved on the 16th day following date of application for an OSE supported application, or day 22 of a PE supported application. This seems yet another anti-competitive act, for an agency which continues to offer subsidized services in direct competition with other license professionals.
Why is the public being saddled with delays or denials of it's vested right at the hands of the Governor of Virginia, the only executive branch responsibility at play?
On today's date (July 10, 2019) I am the agent for five (5) citizens who have paid a fee, and been delayed in obtaining their rightful permit under the statutory deadline of their vested rights. This seems highly irregular, and cause for concern to every citizen of the Commonwealth; this also seems an issue worthy of the attention of the Attorney General, or the Inspector General, for this also seems a breech of the public trust.
Witness Code of Virginia:
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 onsite sewage systems, designed and certified by a licensed professional engineer, in consultation with a licensed onsite soil evaluator, or by a licensed onsite soil evaluator. The evaluations and designs included within such submissions shall be certified as complying with the Board's regulations implementing this chapter.
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 15 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 60 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.
C. Nothing in this section shall authorize anyone other than an individual licensed as a professional engineer pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 to engage in the practice of engineering.
D. The provisions of this section shall not apply to any locality that has entered into a contract with the Board of Health in accordance with Chapter 678 of the 1994 Acts of Assembly nor to a proprietary, pre-engineered septic system deemed by the Department to comply with the Board's regulations.