Subsections D and E of 12VAC5-613-40 Relationship to other regulations appear to restrict the design authority granted to AOSEs in § 54.1-402. Further exemptions from license requirements for architects, professional engineers, and land surveyors:

A.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.

Under the new proposed Regulations for Alternative Onsite Sewage Systems:

12VAC5-613 REGULATIONS FOR ALTERNATIVE ONSITE SEWAGE SYSTEMS

12VAC5-613-40. Relationship to other regulations.

D. This chapter supersedes Table 5.4 of the Sewage Handling and Disposal Regulations for all AOSSs designed to disperse TL-2 or TL-3 effluent. Table 5.4 of the Sewage Handling and Disposal Regulations shall govern the design of any AOSS designed to disperse septic tank effluent to the soil treatment area.

So it appears that a soil treatment area designed to receive TL-2 or TL-3 effluent shall be sized in accordance with the design criteria found in 12VAC5-613-80 Part II Performance Requirements. A soil treatment areas designed to receive septic tank effluent shall be sized in accordance with Table 5.4 of the SHDR.

E. In accordance with standard engineering practice, all plans and specifications for AOSSs shall be properly sealed by a professional engineer licensed in the Commonwealth pursuant to Title 54.1 of the Code of Virginia unless such plans are prepared pursuant to an exemption from the licensing requirements of Title 54.1 of the Code of Virginia. AOSS designs submitted pursuant to § 32.1-163.6 of the Code of Virginia shall have a statement on the title page of the plans clearly identifying the plans as a § 32.1-163.6 submittal. Where this statement is not included on the title page, the department will review the plans pursuant to the Sewage Handling and Disposal Regulations and applicable policies. 

So under 12VAC5-613 REGULATIONS FOR ALTERNATIVE ONSITE SEWAGE SYSTEMS, it appears that the Department will only accept and review plans and specifications for AOSSs in accordance with § 32.1-163.6 Professional engineering of onsite treatment works. Any other plans will be reviewed pursuant to the SHDR and "applicable policies" (possibly referring to GMP’s? Which GMP’s? Will existing GMP’s relating to AOSS still be valid once these proposed Alternative System Regs become the controlling regulations?).

If the design criteria set forth in the performance requirements in 12VAC5-613-80 supersedes Table 5.4 of the SHDR, it appears that any system designed to disperse TL-2 or TL-3 effluent (secondary or better) will have to be submitted in accordance with 12VAC5-613 REGULATIONS FOR ALTERNATIVE ONSITE SEWAGE SYSTEMS. 

Therefore, it appears that any system designed to disperse TL-2 or TL-3 effluent (secondary or better) must be submitted in accordance with the professional engineering of onsite treatment works as defined in § 32.1-163.6, as 12VAC5-613 seems to be limited to PE submittals.

In addition, the only AOSS that can be designed using Table 5.4 of SHDR and “applicable policies” appear to be pressurized systems dispersing septic tank effluent, and thus beyond the scope of the exemption to engineering as defined in § 54.1-402.A.11.

Please provide clarification for AOSEs designing alternative systems within the purview of the exemption to engineering as defined in § 54.1-402, as it is unclear how these licensed professionals (as defined by DPOR) are to submit plans and specifications for AOSSs (as allowed by the Code of Virginia). 

In conclusion, the following definition can be found in the Virginia Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals REGULATIONS:

"Alternative onsite soil evaluator" means an individual licensed by the board to evaluate soils and soil properties in relationship to the effect of these properties on the use and management of these soils as the locations for conventional and alternative onsite sewage systems, to certify in accordance with applicable state regulations and local ordinances that sites are suitable for conventional and alternative onsite sewage systems, and to design conventional and alternative onsite sewage systems suitable for the soils.