This proposed regulation has not yet passed the General Assembly.

1. The Department of Environmental Affairs will not perform a soil evaluation or prepare a system layout for a subdivision or portion of a subdivision of 10 or more lots.

2. A soil evaluation of a subdivision of 10 or more lots may be performed by:

  1. A licensed Professional Soil Classifier; or other licensed person qualified to practice soil classifying and otherwise deemed qualified by the Department who has contracted with the Department. The contractor may not charge a rate more than three (3) times the Department’s permit fees; or
  2. A privately hired licensed Professional Soil Classifier or other licensed person qualified to practice professional soil classifying.

3. The Department may, on a case by case basis, approve and issue a variance or exemption from one or more requirements of this regulation upon a finding that:

  1. The granting of the variance or exemption will not compromise protection to human health and the environment.
  2. Because of the characteristics of the site, it is not practical or feasible for the onsite wastewater system to meet the requirements of this regulation without taking into account the current science and best technology available.