Section 30. Applicability and scope

A. As provided in this section, this chapter governs the design, construction, and operation of AOSSs.

B. Part II of this chapter, Performance Requirements, applies only to AOSSs with applications filed on or after December 7, 2011.

C. Any AOSS with an application filed prior to December 7, 2011, is subject to the performance requirements contained in the regulations in effect at the time the system was permitted or the performance requirements contained in the operation permit.

D. Small AOSSs designed, constructed, permitted, and operated in accordance with this chapter; the prescriptive design, location, and construction criteria of 12VAC5-610-20; and the policies and procedures of the department are presumed to comply with the ground water quality requirements of 12VAC5-613-90 A.

E. Part III of this chapter, Operation and Maintenance Requirements, shall apply to all AOSSs, including those with applications filed prior to December 7, 2011.

F. Requirements for renewable operation permits contained in this chapter shall apply only to AOSSs with applications filed on or after December 7, 2011.

G. The laboratory sampling requirements of this chapter apply only to AOSSs with applications filed on or after December 7, 2011.

H. Any AOSS with an application filed prior to December 7, 2011, is subject to the laboratory sampling requirements contained in the regulations in effect at the time the system was permitted or the sampling requirements contained in the operation permit.

I. AOSSs designed pursuant to § 32.1-163.6 of the Code of Virginia are subject to the following requirements:

1. Performance requirements of this chapter unless waived pursuant to 12VAC5-613-210;

2. Horizontal setback requirements of this chapter;

3. Operation, maintenance, inspection, and sampling requirements of this chapter; and

4. Standard engineering practice.

J. Dispersal of treated or untreated sewage to a wetland that is subject to permitting by the Virginia Department of Environmental Quality pursuant to the requirements of Title 62.1 of the Code of Virginia is specifically excluded from this chapter.

K. Spray irrigation systems are subject to permitting by the Virginia Department of Environmental Quality and are specifically excluded from this chapter.

L. Treatment units for small AOSSs that are recognized by the department as generally approved for TL-2 or TL-3 as of December 7, 2011, shall retain such status for a period of five years from December 7, 2011, after which the units shall be evaluated pursuant to the requirements of this chapter.

M. After December 7, 2011, new applications for general approval for TL-2 or TL-3 shall be subject to the requirements of this chapter. The department may continue to evaluate any treatment unit for small AOSSs that is undergoing evaluation as of December 7, 2011, using the protocol in place on the date of application for general approval.

N. The additional nutrient requirements for AOSSs in the Chesapeake Bay watershed contained in 12VAC5-613-90 D shall take effect on December 7, 2013.

Historical Notes

Derived from Volume 28, Issue 05, eff. December 7, 2011.

Statutory Authority

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