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REGULATIONS
Vol. 26 Iss. 17 - April 26, 2010TITLE 12. HEALTHSTATE BOARD OF HEALTHChapter 613Emergency RegulationTitle of Regulation: 12VAC5-613. Emergency Regulations for Alternative Onsite Sewage Systems (adding 12VAC5-613-10 through 12VAC5-613-180).
Statutory Authority: § 32.1-164 of the Code of Virginia; Chapter 220 of the 2009 Acts of Assembly.
Effective Dates: April 7, 2010, through April 6, 2011.
Agency Contact: Allen Knapp, Director, Division of Onsite Sewage, Water Services, Environmental Engineering, and Marina Programs, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7470, or email allen.knapp@vdh.virginia.gov.
Preamble:
The regulations establish performance, operation, and monitoring requirements and horizontal setbacks for alternative onsite sewage systems (AOSS) necessary to protect public health and the environment. The new regulations are supplemental to existing 12VAC5-610, Sewage Handling and Disposal Regulations (SHDR), which contains permitting and other requirements for onsite sewage systems, including AOSS. The new regulations require that a licensed operator visit each AOSS on a mandated frequency and file a report. The second enactment of Chapter 220 of the 2009 Acts of Assembly requires the State Board of Health to promulgate these regulations as emergency regulations.
The needs and goals for these regulations fall into three conceptual areas:
1. The current performance requirements contained in the SHDR are inadequate for AOSS.
2. Statutory changes in 2008 (§ 32.1-163.6 of the Code of Virginia) allow licensed professional engineers to design AOSS that are not required to comply with the SHDR. Instead, these designs must be compliant with performance requirements established by the board. Since current performance requirements are inadequate, these regulations seek to establish measurable performance requirements appropriate for all AOSS, including the engineered designs under § 32.1-163.6 of the Code of Virginia.
3. Proper operation and maintenance are essential to ensure that AOSS function as designed.
In developing the emergency regulations, the agency sought stakeholder input through an ad hoc advisory group. Also, as required by Chapter 220, a 30-day public comment period was noticed in 26:2 VA.R. 290 September 28, 2009, and ended on October 28, 2009. A summary of the public comments is available for public inspection by contacting the agency contact identified in this notice or at the Office of the Registrar of Regulations, General Assembly Building, 910 Capitol Street, 2nd Floor, Richmond, VA 23219.
CHAPTER 613
EMERGENCY REGULATIONS FOR ALTERNATIVE ONSITE SEWAGE SYSTEMSPart I
General12VAC5-613-10. Definitions.
The following terms used in this chapter shall have the following meanings. Terms not defined in this chapter shall have the meanings prescribed in Chapter 6 of Title 32.1 of the Code of Virginia or in 12VAC5-610-20 et seq. (or successor regulation) unless the plain reading of the language requires a different meaning.
"Alternative onsite sewage system," "AOSS," or "alternative onsite system" means a treatment works that is not a conventional onsite sewage system and does not result in a point source discharge.
"Biochemical oxygen demand" (BOD) is the measure of the amount of oxygen required by bacteria for stabilizing material that can be decomposed under aerobic conditions.
"BOD5" or "biochemical oxygen demand, five-day" means the quantitative measure of the amount of oxygen consumed by bacteria while stabilizing, digesting, or treating biodegradable organic matter under aerobic conditions over a five-day incubation period; expressed in milligrams per liter (mg/L).
"Conventional onsite sewage system" means a treatment works consisting of one or more septic tanks with gravity, pumped, or siphoned conveyance to a gravity distributed subsurface drainfield.
"Disinfection" means a process used to destroy or inactivate pathogenic microorganisms in wastewater to render them noninfectious.
"Dissolved oxygen (DO)" means the concentration of oxygen dissolved in effluent, expressed in mg/l or as percent saturation, where saturation is the maximum amount of oxygen that can theoretically be dissolved in water at a given altitude and temperature.
"Division" means the Division of Onsite Sewage, Water Services, Environmental Engineering, and Marina Programs within the department or equivalent.
"Effluent" means partially or fully treated sewage flowing from a treatment unit, treatment system, or septic tank.
"General approval" means that a treatment unit has been approved for TL-2 in accordance with 12VAC5-610-800 or for TL-3 pursuant to a testing protocol approved by the Division, provided that at least 20 units have been tested for four consecutive quarters and monitored in accordance with the approved testing protocol.
"Ksat" means saturated hydraulic conductivity.
"Large AOSS" means an AOSS that serves more than three single-family residences or a nonresidential facility with an average daily sewage flow in excess of 1,000 gpd.
"Limiting feature" means a feature of the soil that limits or intercepts the vertical movement of water, including seasonal, perched, or permanent water table, pans, soil restrictions, and pervious or impervious bedrock.
"Local health department" means the local health department having jurisdiction over the AOSS.
"MGD" means million gallons per day.
"Maintenance" means performing adjustments to equipment and controls and in-kind replacement of normal wear and tear parts such as light bulbs, fuses, filters, pumps, motors, or other like components. Maintenance includes pumping the tanks or cleaning the building sewer on a periodic basis. Maintenance shall not include replacement of tanks, drainfield piping, distribution boxes, or work requiring a construction permit and installer.
"Operate" means the act of making a decision on one's own volition (i) to place into or take out of service a unit process or unit processes or (ii) to make or cause adjustments in the operation of a unit process at a treatment works.
"Operation" means the biological, chemical, and mechanical processes of transforming sewage or wastewater to compounds or elements and water that no longer possess an adverse environmental or health impact.
"Operator" means any individual employed or contracted by any owner, who is licensed or certified under Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 as being qualified to operate, monitor, and maintain an alternative onsite sewage system.
"Organic loading rate" means the biodegradable fraction of chemical oxygen demand (biochemical oxygen demand, biodegradable FOG, and volatile solids) delivered to a treatment component in a specified time interval expressed as mass per time or area, e.g., pounds per day or pounds per cubic foot per day (pretreatment); pounds per square foot per day (infiltrative surface or pretreatment). For a typical residential system these regulations assume that biochemical loading (BOD5) equals organic loading.
"Owner" means the Commonwealth or any of its political subdivisions, including sanitary districts, sanitation district commissions and authorities, any individual, any group of individuals acting individually or as a group, or any public or private institution, corporation, company, partnership, firm or association which owns or proposes to own a sewerage system or treatment works.
"pH" means the measure of the acid or base quality of water that is the negative log of the hydrogen ion concentration.
"Project area" means one or more recorded lots, or a portion of a recorded lot, owned by the owner of an AOSS or controlled by easement upon which an AOSS is located or which is contiguous to a soil treatment area and which is designated as such for purposes of compliance with the performance requirements of this chapter. In the case of an AOSS serving multiple dwellings, the project area may include multiple recorded lots as in a subdivision.
"Project area boundary" means the limits of the three-dimensional space defined when the horizontal component is the project area, the upper vertical limit is the ground surface in and around the AOSS, and the lower vertical limit is the vertical separation required by this chapter, a permeability limiting feature, or the permanent water table.
"Relationship with an operator" means an agreement between the owner of an AOSS and operator wherein the operator has been retained by the owner to operate the AOSS in accordance with the requirements of this chapter.
"Reportable incident" means one or more of the following: an alarm event, any failure to achieve one or more performance requirements, removal of solids, replacement of media, or replacement of any major component of the system including electric and electronic components, pumps, blowers, and valves. Routine maintenance of effluent filters is not included.
"Saturated hydraulic conductivity" means a quantitative measure of a saturated soil's capacity to transmit water when subjected to a hydraulic gradient.
"Settleable solids" means a measure of the volume of suspended solids that will settle out of suspension within a specified time, expressed in milliliters per liter (mL/L).
"Sewage Handling and Disposal Regulations" means 12VAC5-610-20 et seq. or successor regulation adopted by the Board of Health.
"Small AOSS" means an AOSS that serves no more than three single-family residences or a nonresidential facility with an average daily sewage flow of less than or equal to 1,000 gpd.
"Subsurface drainfield" means a system installed within the soil and designed to accommodate treated sewage from a treatment works.
"Soil treatment area" means the physical location in or on the naturally occurring soil medium where final treatment and dispersal of effluent occurs; includes subsurface drainfields, drip dispersal fields, and spray fields.
"Total nitrogen" means the measure of the complete nitrogen content of wastewater including all organic, inorganic, and oxidized forms expressed in mg/l as nitrogen.
"Total residual chlorine" (TRC) is a measure of the combined available chlorine and the free available chlorine available in a sample after a specified contact time.
"Total suspended solids" means a measure of the mass of all suspended solids in a sample typically measured in milligrams per liter (mg/L).
"Treatment level 2 effluent" or "TL-2 effluent" means effluent that has been treated to produce BOD5 and TSS concentrations equal to or less than 30 mg/L each on a 30-day average basis.
"Treatment level 3 effluent" or "TL-3 effluent" means effluent that has been treated to produce BOD5 and TSS concentrations equal to or less than 10 mg/L each on a 30 day average basis.
"Treatment unit" or "treatment system" means a method, technique, equipment, or process other than a septic tank or septic tanks used to treat sewage to produce effluent of a specified quality before the effluent is discharged to a soil treatment area.
"Turbidity" means the relative clarity of effluent as a result of the presence of varying amounts of suspended organic and inorganic materials or color.
"Vertical separation" means the vertical distance between the point of effluent application to the soil and a limiting feature of the site of the soil treatment area such as seasonal high ground water, bedrock, or other restriction.
12VAC5-613-20. Purpose and authority.
Pursuant to the requirements of §§ 2.2-4011, 32.1-12 and 32.1-164 et seq. of the Code of Virginia and Chapter 220 of the 2009 Acts of Assembly, the Board of Health has promulgated this chapter to:
1. Establish a program for regulating the operation and maintenance of alternative onsite sewage systems;
2. Establish performance requirements for alternative onsite sewage systems;
3. Establish horizontal setbacks for alternative onsite sewage systems that are necessary to protect public health and the environment;
4. Discharge the board's responsibility to supervise and control the safe and sanitary collection, conveyance, transportation, treatment, and disposal of sewage by onsite sewage systems and treatment works as they affect the public health and welfare;
5. Protect the quality of surface water and ground water;
6. Guide the State Health Commissioner in determining whether a permit or other authorization for an alternative onsite sewage system shall be issued or denied; and
7. Inform owners, applicants, onsite soil evaluators, system designers, and other persons of the requirements for obtaining a permit or other authorization for an alternative onsite sewage system.
12VAC5-613-30. Applicability and scope.
A. As provided in this section, this chapter governs the design, construction, and operation of AOSS.
B. Part II of this chapter, Performance Requirements, applies only to alternative onsite sewage systems permitted pursuant to applications filed on or after the effective date of this chapter.
C. Part III of this chapter, Operation and Maintenance Requirements, shall apply to all AOSS, including those in operation prior to the effective date of this chapter.
D. The laboratory sampling requirements of this chapter apply only to AOSS permitted pursuant to applications filed on or after the effective date of this chapter.
E. Any AOSS in operation prior to the effective date of this chapter is subject to the performance requirements contained in the regulations in effect at the time the system was permitted.
F. AOSS designed, constructed, permitted, and operated in accordance with this chapter and the prescriptive design, location, and construction criteria of 12VAC5-610-20 et seq. and the policies and procedures of the department are presumed to comply with the ground water quality requirements of 12VAC5-613-70 A 11.
G. This chapter shall be effective for 12 months following the effective date, unless extended in accordance with the provisions of § 2.2-4011 of the Code of Virginia.
H. AOSS designed pursuant to § 32.1-163.6 of the Code of Virginia are subject to the following requirements:
1. Performance requirements of this chapter;
2. Horizontal setback requirements of this chapter;
3. Operation, maintenance, inspection, and sampling requirements of this chapter; and
4. Standard engineering practice.
12VAC5-613-40. Relationship to other regulations.
This chapter is supplemental to 12VAC5-610-20 et seq. (the Sewage Handling and Disposal Regulations) and supersedes Table 5.4 of the SHDR for all AOSS 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. All procedures pertaining to enforcement, the minimum requirements for filing applications, and the processing of applications, including appeals, and case decisions contained in the Sewage Handling and Disposal Regulations (or successor regulation) shall apply to the permitting of AOSS under this chapter. In any case where there is a conflict between this chapter and the Sewage Handling and Disposal Regulations (or successor regulation), this chapter shall be controlling.
12VAC5-613-50. Violations, enforcement.
A. Failure by any person or AOSS to achieve one or more performance requirements prescribed by this chapter, to accomplish any mandated visit, or to perform any operation, maintenance, monitoring, sampling, reporting, or inspection requirement of this chapter, either individually or in combination, shall be a violation of this chapter.
B. Nothing in this chapter shall be construed to limit the authority of the board, the commissioner, or the department to enforce this chapter or the requirements of 12VAC5-610-20 et seq. (or successor regulation).
C. In accordance with the SHDR and § 32.1-25 of the Code of Virginia, the commissioner may take such samples and conduct such monitoring, including ground water samples and monitoring, he deems necessary to enforce this chapter.
D. The board, commissioner, and department may use any lawful means to enforce this chapter, including voiding a construction or operation permit, imposition of civil penalties, or criminal prosecution.
12VAC5-613-60. Operation permits, land records.
A. The department shall not issue an operation permit for an AOSS unless the owner has established a relationship with an operator and provided the operator's name and license number to the local health department. The owner shall maintain a relationship with an operator during periods when the AOSS is in operation.
B. The department shall not issue an operation permit for an AOSS until the owner has recorded an instrument which complies with § 15.2-2157 E of the Code of Virginia in the land records of the appropriate circuit court.
C. When all or part of the project area is to be used in the management of nitrogen from a large AOSS the owner shall record legal documentation in the land records of the circuit court having jurisdiction over the site of the AOSS. Such documentation shall be in a form approved by the division and shall protect and preserve the land area in accordance with the management methods established by the designer.
Part II
Performance Requirements12VAC5-613-70. Performance requirements-general.
A. All AOSS designed, constructed and operated pursuant to this chapter shall comply with the following performance requirements:
1. The presence of raw or partially treated sewage on the ground's surface or in adjacent ditches or waterways is prohibited. Spray irrigation systems and other systems utilizing surface application of treated effluent require, by design, the presence of effluent on the surface for short periods of time. With these systems complete absorption of effluent must occur before the application of another dose.
2. The exposure of insects, animals, or humans to raw or partially treated sewage is prohibited.
3. The backup of sewage into plumbing fixtures is prohibited.
4. All treatment units and treatment systems shall be designed for the anticipated wastewater strength and peak flow.
5. All treatment units and treatment systems shall be designed to produce a minimum of TL-2 effluent.
6. Dosing of the treatment unit or treatment system shall accommodate the design peak flow within the treatment unit's rated capacity.
7. The following performance requirements govern the dispersal of effluent in the soil treatment area:
a. Trench bottom hydraulic loading rates for pressure-dosed systems shall not exceed the values in Table 1. The designer must reduce loading rates for gravity dosed systems. Area hydraulic loading rates for systems such as drip dispersal, spray irrigation, and mounds must be less than the trench bottom values in Table 1 and reflect standard engineering practice.
b. Adherence to this performance requirement does not assure or guarantee that other performance requirements of this chapter, including effluent dispersal or ground water quality, will be met. It is the designer's responsibility to ensure that the proposed design is adequate to achieve all performance requirements of this chapter. The designer is responsible for reducing loading rates according to the features and properties of the soils in the soil treatment area.
Table 1
Maximum Trench Bottom Hydraulic Loading RatesPercolation Rate (MPI)
TL-2 Effluent
(gpd/sf)TL-3 Effluent
(gpd/sf)up to 15
1.8
3.0
20-25
1.4
2.0
30-45
1.2
1.5
50-90
0.8
1.0
Greater than 90
0.4
0.5
8. Septic tank effluent may only be discharged to a soil treatment area when the vertical separation to a limiting feature consists of at least 18 inches of naturally occurring, in-situ soil. AOSS designed to disperse septic tank effluent require at least 12 inches of soil cover in the soil treatment area.
9. TL-3 effluent and disinfection are required whenever one or more of the following apply:
a. There is less than 12 inches of vertical separation to a limiting feature in the soil treatment area,
b. There is less than 6 inches of vertical separation to a limiting feature in the naturally occurring soil below the soil treatment area, or
c. The AOSS utilizes surface application of effluent, such as spray irrigation.
10. For any small AOSS where the vertical separation to a permeability-limiting feature is less than 18 inches below the soil treatment area and for any large AOSS, regardless of site constraints, the designer shall provide calculations to demonstrate that water mounding will not adversely affect the functioning of the soil treatment area, that hydraulic failure will not occur, and that adequate vertical separation will be maintained to ensure the performance requirements of this chapter are met. For large AOSS the department may require the owner to monitor the degree of saturation beneath the soil treatment area.
11. The AOSS shall not pose a greater risk of ground water pollution than systems otherwise permitted pursuant to 12VAC5-610-20 et seq. After wastewater has passed through a treatment unit or septic tank and passed through the soil in the soil treatment area, the concentration of fecal coliform organisms must not exceed 200 cfu/100 ml at the lower vertical limit of the project area boundary. When disinfection is required, the effluent quality prior to dispersal to the soil treatment area must not exceed 200 cfu/100 ml. When chlorine is used for disinfection, 30-minute contact time at average daily flow is required with a TRC following the contact tank not less than 1 mg/l.
12. The following minimum effluent and site condition requirements must be met:
Table 2
Minimum Effluent Requirements for Vertical Separation to Limiting FeaturesVertical separation
Effluent Description
≥18" (must be naturally occurring soils)
Septic, TL-2, or TL-3
<18" to 12" (requires minimum 6" of naturally occurring soils)
TL-2 or TL-3
<12" (organic loading rate not to exceed 2.1 x 10-4 BOD lb/day/sf)
TL-3 and disinfection
13. Each large AOSS must comply with a total nitrogen limit of 5 mg/l as nitrogen at the project area boundary. Prior to the issuance of a construction permit, the designer shall demonstrate compliance with this requirement through modeling or other calculations. Such demonstration may incorporate multiple nitrogen removal methods such as pretreatment, vegetative uptake (only for AOSS with shallow soil treatment areas), denitrification, and other viable nitrogen management methods.
14. The AOSS shall be designed so that all components are of sufficient structural integrity to minimize the potential of physical harm to humans and animals.
15. The AOSS shall be designed to minimize noise, odor, or other nuisances at the property boundary.
16. The conveyance system for any AOSS shall be designed and installed with sufficient structural integrity to resist inflow and infiltration and to maintain forward flow.
17. Spray irrigation systems are limited to AOSS with average daily sewage flows of 1,000 gpd or less.
18. For purposes of assisting owners in obtaining such funds as may be available for reducing nitrogen discharges from AOSS, including Betterment Loans and grants from the Water Quality Improvement Fund, the department shall evaluate AOSS designs and establish the nitrogen-reducing capacities thereof.
19. When sand, soil, or soil-like material is used to increase the vertical separation, the designer shall specify methods and materials that will achieve the performance requirements of this chapter.
B. The title page of plans for an AOSS shall state that the plans are being submitted pursuant to § 32.1-163.6 of the Code of Virginia. Where this statement is not included on the title page, the department will review the plans pursuant to the Sewage Handling and Disposal Regulations.
C. Each application under § 32.1-163.6 of the Code of Virginia shall include a site characterization report using the Field Book for Describing and Sampling Soils, Version 2.0, National Soil Survey Center, Natural Resources Conservation Service, U.S. Department of Agriculture, September 2002. The report may contain such information that the designer deems appropriate; however, it must describe the following minimum attributes of the site of the proposed soil treatment area:
1. Depth to limiting feature(s), including seasonal or perched water table, pans, restrictions, pervious or impervious bedrock;
2. Slope of the project area;
3. Ksat or percolation rate at the proposed installation depth and at depths below the soil treatment area to demonstrate compliance with this chapter. Ksat or percolation rate may be estimated for small AOSS; the Ksat or percolation rate must be measured using an appropriate device for large AOSS;
4. Landscape or landform; and
5. Project area, along with those physical features in the vicinity of the proposed AOSS normally associated with plans for onsite sewage systems, including streams, bodies of water, roads, utilities, wells and other drinking water sources, existing and proposed structures, and property boundaries.
D. All large AOSS shall discharge only TL-2 or TL-3 effluent to the soil treatment area; septic tank effluent is prohibited for large AOSS.
E. All plans and specifications for AOSS 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. When plans and specifications are prepared pursuant to an exemption, the designer shall provide a certification statement, in a form approved by the Division, identifying the specific exemption under which the plans and specifications were prepared and certifying that he is authorized to prepare such plans pursuant to the exemption.
12VAC5-613-80. Performance requirements-laboratory sampling and monitoring.
A. Laboratory sampling is not required for AOSS designed to discharge septic tank effluent to the soil treatment area.
B. All effluent samples must be taken at the end of all treatment, prior to the point where the effluent is discharged to the soil treatment area.
C. All sampling and monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency unless other procedures have been specified in this chapter.
D. The owner of each small AOSS is required to submit an initial grab sample of the effluent from the treatment unit and have the sample analyzed in accordance with 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency within the first 180 days of operation. Thereafter, if the treatment unit has received general approval, a grab sample is required once every five years. Samples shall be analyzed for BOD5 and, if disinfection is required, fecal coliform. Treatment systems utilizing chlorine disinfection may alternatively sample for TRC instead of fecal coliform. Sample results shall be received by the local health department by the 15th of the month following the month in which the sample was taken.
E. For small AOSS that utilize a treatment unit that has not received general approval, after the initial sample required by subsection D, four additional grab samples of the effluent from the treatment unit are to be collected, analyzed, and submitted to the department within the first two years of operation and annually thereafter. The interval for collecting the samples shall not be less than quarterly or more than semiannually. Sample results shall be received by the local health department by the 15th of the month following the month in which the sample was taken.
F. Sampling and monitoring requirements for AOSS treatment systems with flows greater than 1,000 gpd are contained in Table 3.
Table 3
Sampling and Monitoring for Large AOSSPLANT SIZE
>2.01 MGD
1.0-2.0 MGD
0.101-0.999 MGD
0.041-0.1 MGD
0.011-0.04 MGD
0.0011-0.010 MGD
Flow
Totalizing, Indicating & Recording
Totalizing, Indicating & Recording
Totalizing, Indicating & Recording
Totalizing, Indicating & Recording
Measured
Estimate
BOD5, TSS
24-HC 1/Day
24-HC 5 Days/Wk
8-HC 3 Days/Wk
4-HC 1 Day/Wk
Grab quarterly
Grab 1/yr
Total Nitrogen
24-HC weekly
24-HC weekly
8-HC monthly
4-HC quarterly
Grab quarterly
Grab 1/yr
TRC, Contact Tank**
Grab daily
Grab daily
Grab weekly
Grab weekly
Grab weekly
Grab 1/yr
Fecal Coliform***
Grab weekly
Grab weekly
Grab monthly
Grab monthly
Grab quarterly
Grab 1/yr
HC – hourly, flow weighted composite samples
** if disinfection required and chlorine used
***if disinfection required and another disinfecting process such as ultraviolet light is used
12VAC5-613-90. Performance requirements-field measurements, sampling, and observations.
A. For treatment units or treatment systems with flows up to 0.04 MGD field measurements, sampling, and observations shall be performed at each mandated visit and during any reportable incident response visit as recommended in Table 4. The operator shall report the results of all field measurements, sampling, and observations.
Table 4
Recommended Field Measurements, Sampling, and Observations AOSS up to 0.04 MGDParameter
Average Daily Flow (gpd)
≤ 1,000 gpd
0.0011-0.010 MGD
0.011-0.04 MGD
Flow
Required (measured or estimated)
Required
Required
pH
Operator discretion
Required
Required
TRC (After contact tank)*
Required
Required
Required
DO (aeration tank)*
Operator discretion
Required
Required
Odor*
Operator discretion
Required
Required
Turbidity (visual)*
Operator discretion
Required
Required
Settleable solids*
Operator discretion
Required
Required
*Not required for systems designed to discharge septic tank effluent
B. For treatment systems with flows greater than 0.04 MGD the operator shall follow the operational and control testing requirements of the O&M Manual.
Part III
Operation and Maintenance12VAC5-613-100. Operator responsibilities.
A. Whenever an operator performs a visit that is required by this chapter or observes a reportable incident he shall document the results of that visit in accordance with 12VAC5-613-170.
B. Whenever an operator performs a visit that is required by this chapter, he shall do so in such a manner as to accomplish the various responsibilities and assessments required by this chapter using visual and other observations, laboratory and field tests he deems appropriate and as required by this chapter.
C. Each operator shall keep a log for each AOSS for which he is responsible. The operator shall provide a copy of the log to the owner. In addition, the operator shall make the log available to the department upon request. At a minimum, the operator shall record the following items in the log:
1. Results of all testing and sampling;
2. Reportable incidents;
3. Maintenance, corrective actions, and repair activities that are performed other than for reportable incidents;
4. Recommendations for repair and replacement of system components;
5. Sludge or solids removal; and
6. The date reports were given to the owner.
D. At all times when performing activities pursuant to this chapter, the operator is responsible for the entire AOSS, including treatment components and soil treatment area components.
E. An operator shall notify the appropriate local health department when his relationship with an owner terminates.
12VAC5-613-110. Sludge and solids removal.
Any person who pumps or otherwise removes sludge or solids from any septic tank or treatment unit of an AOSS shall file a report with the appropriate local health department on a form approved by the division.
12VAC5-613-120. Owner responsibilities.
Owner responsibilities include the following:
1. Maintain a relationship with an operator;
2. Have the AOSS operated and maintained by an operator;
3. Have an operator visit the AOSS at the frequency required by this chapter;
4. Have an operator collect any samples required by this chapter;
5. Keep a copy of the log provided by the operator on the property where the AOSS is located, make the log available to the department upon request, and make a reasonable effort to transfer the log to any future owner;
6. Keep a copy of the Operation and Maintenance Manual (O&M Manual) for the AOSS on the property where the AOSS is located, make the manual available to the department upon request, and make a reasonable effort to transfer the O&M Manual to any future owner; and
7. Comply with the onsite sewage system requirements contained in local ordinances adopted pursuant to the Chesapeake Bay Preservation Act (§ 10.1-2100 et. seq.) and the Chesapeake Bay Preservation Area Designation and Management Regulations (9VAC10-20) when an AOSS is located within a Chesapeake Bay Preservation Area.
12VAC5-613-130. Operator requirements for AOSS with flows up to 0.04 MGD, minimum frequency of visits.
The owner of each AOSS shall have that AOSS visited by an operator in accordance with Table 5.
Table 5
Minimum Operator Visit Frequency for AOSS up to 0.04 MGDAvg. Daily Flow
Initial Visit
Regular visits following initial visit
≤ 1,000 gpd
Within 180 calendar days of the issuance of the operation permit
Every 12 Months
0.0011-0.010 MGD
First week of actual operation
Quarterly
0.011-0.04 MGD
First week of actual operation
Monthly
12VAC5-613-140. Operator requirements for systems with flows greater than 0.04 MGD.
A. AOSS with average daily flows in excess of 0.04 MGD shall be attended by a licensed operator and manned in accordance with the recommendations specified in the Sewage Collection and Treatment Regulations for sewage treatment works (9VAC25-790).
B. In instances where the hours of attendance by a licensed operator are less than the daily hours the treatment works is to be manned by operating staff, a licensed operator is not required to be physically located at the treatment works site during the remaining designated manning hours, provided that the licensed operator is able to respond to requests for assistance in a satisfactory manner, as described in the O&M Manual.
C. Attendance by the operator may not be waived as suggested in the Sewage Collection and Treatment Regulations for sewage treatment works (9VAC25-790).
D. The department may reduce operator and/or staffing requirements when automatic monitoring, telemetry, or other electronic monitoring and/or process controls are employed. All reductions must be approved by the Division Director.
12VAC5-613-150. Operation and maintenance manual.
A. This chapter outlines minimum operation, maintenance, sampling, and inspection requirements. Operation, maintenance, sampling, and inspection schedules for some AOSS may exceed these minimum requirements, in which case the designer is responsible for determining such additional requirements based upon the proposed use, design flow, project area, loading rates, nitrogen removal, treatment level, and other factors.
B. Prior to the issuance of an operating permit, the owner shall have the designer submit an O&M Manual to the local health department. The designer shall provide a copy of the O&M manual to the owner. The department may issue a temporary operation permit for a period not to exceed 180 calendar days pending completion of the O&M Manual. Failure to submit the O&M Manual within the time frame provided under a temporary operation permit shall be deemed a violation of this chapter.
C. The O&M Manual shall be written to be easily understood by any potential owner and shall include the following minimum items:
1. A list of the components comprising the AOSS with dimensioned site layout and contact numbers for replacement parts for each unit process,
2. A list of any control functions and how to use them;
3. All operation, maintenance, sampling, and inspection schedules, including any requirements that exceed the minimum requirements of this chapter, for the AOSS;
4. The performance data sampling and reporting schedule;
5. The limits of the AOSS design and how to operate the system within those design limits;
6. For systems with flows greater than 0.04 MGD operational and control testing recommendations which shall be based upon 9VAC25-790-970; and
7. Other information deemed necessary or appropriate by the designer.
12VAC5-613-160. Mandatory visits, inspection requirements.
When an operator is required to make a visit to an AOSS the operator shall, at a minimum, accomplish the following:
1. Inspect all components of the AOSS and conduct field measurements, sampling and other observations required by this chapter, the O&M Manual, or deemed necessary by the operator to assess the performance of the AOSS and its components.
2. Perform routine maintenance, make adjustments, and replace worn or dysfunctional components with in-kind parts such that the system can reasonably be expected to return to normal function.
3. If the AOSS is not functioning as designed or in accordance with the performance requirements of this chapter and, in the operator's professional judgment it cannot be reasonably expected to return to normal function through routine operation and maintenance, report immediately to the owner the remediation efforts necessary to return the AOSS to normal function.
12VAC5-613-170. Reports.
When required to file a report, the operator shall complete the report in a form approved by the division. In accordance with § 32.1-164 H of the Code of Virginia, the operator shall file each report using a web-based system and must pay a fee of $1.00. The operator may, solely at his own discretion, file reports in addition to those required by this chapter. Each report shall be filed by the 15th of the month following the month in which the visit occurred and shall include the following minimum elements:
1. The name and license number of the operator;
2. The date and time of the report;
3. The purpose of the visit, such as required visit, follow-up, or reportable incident;
4. A summary statement stating whether:
a. The AOSS is functioning as designed and in accordance with the performance requirements of this chapter;
b. After providing routine operation and maintenance the operator believes the AOSS will return to normal function; or
c. The system is not functioning as designed or in accordance with the performance requirements of this chapter and additional actions are required by the owner to return the AOSS to normal function;
5. All maintenance performed or adjustments made, including parts replaced;
6. The results of field measurements, sampling and observations;
7. The name of the laboratory that will analyze samples; and
8. Statement certifying the date the operator provided a copy of the report to the owner.
Part IV
Horizontal Setback Requirements12VAC5-613-180. Horizontal setback requirements.
AOSS designed pursuant to § 32.1-163.6 of the Code of Virginia are subject to the following horizontal setbacks which are necessary to protect public health and the environment:
1. The horizontal setback distances that apply to public and private drinking water sources of all types, including wells, springs, reservoirs and other surface water sources, except that in cases where an existing sewage system is closer to a private drinking water source the AOSS shall be no closer to the drinking water source than the existing sewage system;
2. The horizontal setback distances that apply to shellfish waters; and
3. The horizontal setback distances that apply to sink holes.
VA.R. Doc. No. R10-2164; Filed April 7, 2010, 10:29 a.m.
