Section 444. Evaluation process for provisional system applications

A. Preliminary evaluation. Upon receiving an application, the division shall review it for completeness. The division shall request additional information from the applicant if the application does not contain all of the requested information. Once the application is complete, the division shall prepare a summary and a preliminary evaluation of the proposal.

B. Division evaluation and recommendation. The division shall evaluate all completed applications and make a recommendation to the commissioner concerning the application. The recommendation, if favorable, shall include proposed criteria for installing, operating and maintaining the system. The division shall consider the following information which shall be provided by the manufacturer or other interested party:

1. Whether the demonstrations and test results required by 12VAC5-610-443 B will provide sufficient scientific evidence to support the proposed theory of operation and that the application of the theory is appropriate for proposed uses without posing an undue risk to public health and ground water.

2. The impact of the system on ground water and public health.

3. The operation of the system in other states. The division may solicit evaluations and comments from health officials in other states or countries where the system, method, process, equipment or technology has been used.

4. A review of the appropriate manufacturer's or the distributor's records relating to system maintenance and user complaints. Failure to maintain accurate and up-to-date records of maintenance actions and customer complaints may delay or prevent completing a review.

5. A review of any sample results which may be collected from or around any of the systems.

6. The practicability of preventative maintenance and the frequency of the required maintenance.

7. Other information as deemed appropriate by the division which relates to evaluating the effect of the system, method or process on ground water or public health.

C. Decision by commissioner. In making a decision, the commissioner shall review the recommendations of the division and the comments and recommendations made by the advisory committee. The commissioner may elect to approve or deny the application, or approve the application with conditions or with requirements for additional testing. The commissioner's provisional approval shall set forth the criteria for filing an application (i.e., Type II or Type III system), installing, operating, maintaining and testing the provisionally approved system. The commissioner's approval shall indicate that the provisional approval may be modified as set forth in 12VAC5-610-447 C.

D. During the first year of provisional system approval, a maximum of 100 permits may be issued for a provisionally approved system. When 50 or more systems have been installed, operated, reviewed by the division and found to be demonstrating satisfactory performance and operational competency, the division may allow additional permits to be issued, up to 1,000 systems during the first five years. No single increment of additional permits may exceed 500 additional systems and a satisfactory review must be made by the division prior to any additional release of permits. Further, at least 12 months must elapse between permit releases to assure adequate time passes for potential problems to develop and be discovered by the division.

Historical Notes

Derived from Volume 16, Issue 16, eff. July 1, 2000.

Statutory Authority

§§ 32.1-12 and 32.1-164 of the Code of Virginia.