D. The department will not [consider issuance of ] a permit to construct a discharging system, unless all options for conventional and alternative onsite sewage treatment and disposal systems have been evaluated and found unsatisfactory in accordance with this section. The For the purposes of this section, the consideration of all options include means site evaluation(s) conducted by [ the department ] and when appropriate, a report prepared by a person having a special knowledge of soil science as defined in § 54.1-2200 of the Code of Virginia and the methods and principles of soil evaluation as acquired by education or experience in the formation, description and mapping of soils [ or a licensed an individual licensed in Virginia to evaluate and design onsite sewage systems such as an ] onsite soil evaluator or professional engineer indicating that no sewage disposal site exists on that property for the site and soil conditions allowed under the Sewage Handling and Disposal Regulations (12VAC5-610) or its successor including the use of TL-2 and TL-3 effluent to reduce footprint area as allowed under 12VAC5-613 or its successor. [ All evaluations must be completed in accordance with the methods and requirements of 12VAC5-610 and 12VAC5-613. ]

Please explain where the authority to make this requirement comes from?
VDH is taking property without due process.
VDH is stating with the above requirement that they beleive a waterfront site with a convential system (no operator required) and a drainfield will provide beter long term protection of the public health as compaired to a discharging system with a treatment works and operator.