These regulations most certainly should be both kept and revised.  Studies across the United States, particularly in Ohio, Indiana, Illinois, West Virginia, and Louisiana, have shown serious water quality problems from the discharge of  partially treated sewage from these systems.  In Ohio it was affecting the quality of water tin the Ohio River.  Illinois is just taking steps now to address the problem.  It is believed that these systems were part of the problem causing the Catoctin Creek to test for high levels of fecal coliform.  The cross-jurisdictional nature of these systems also needs to be reevaluated between the DEQ and VDH.  In order for the regulations to be effective there must be accountability by the DEQ and VDH on the reports filed by the operators as well as the reports filed by the VDH staff.  The Civil penalties regulation (pending signature by the Governor) needs to be put in place to allow effective administration of these regulations.  In addition these regulations should be modified to allow/require VDH to oversee all non-industrial discharging systems of 1000 gallons per day or less.  The current VDH regulations only address those serving households.  Because of the small size of these sewage treatment systems, they are not considered a high priority at DEQ and consequently some of that carries over to VDH allowing necessary actions to place the system in compliance to linger.

With the review of the Emergency Regulations for Alternative Onsite Sewage Systems, systems utilizing spray irrigation, or those installed in wetlands have been determined to be removed from those rules in the final version.  Those systems must  be included in this regulation now.