"Voluntary upgrade" means [ a change to or replacement of an existing nonfailing onsite or alternative discharging sewage disposal system, without an increase in the permitted volume or strength of the sewage, in accordance with the regulations for repairing failing systems an improvement to an existing onsite sewage disposal system or alternative discharging system that (i) is not required for compliance with any law or regulation and (ii) results in no net increase in the permitted volume or strength of sewage dispersed by the system ]. 

"Minor modification of an existing sewage disposal system" means an alteration that is not a repair [ , voluntary upgrade, ] or routine maintenance, does not result in an increase in treatment level or volume of the system, and does not require evaluation of the soil conditions prior to issuance of a permit. Minor modifications include but are not limited to relocation of a system component or an additional plumbing connection to the system that does not increase the actual or estimated flow of the system.

While "voluntary upgrade" is defined under §32.1-164.1:3 please explain whether the intent of the alteration of the definition in this regulation will permit the addition of infiltration lines. Thus presumably the evaluation of standoff to water table, texture structure etc.

Whether a system is not "failing" should be established through objective evaluation. This procedure should not be the means to contaminate the shallow groundwater with untreated STE (septic tank effluent). To do otherwise under certification of compliance with regulation and under professional license would be fraudulent (a deceptive practice, suggesting that a system complies with §32.1-164.1:3 (not showing sewage on ground); but when it also does not comply with 12VAC5-610 or 613 Regulations).

To whom accrues the responsibility to certify compliance with current regulations?
Who is responsible for damage to property rights, and subject to recover under tort?