Virginia Regulatory Town Hall
Agency
Virginia Department of Health
 
Board
State Board of Health
 
chapter
Regulations for Alternative Onsite Sewage Systems [12 VAC 5 ‑ 613]
Action Action to Adopt Regulations for Alternative Onsite Sewage Systems
Stage Proposed
Comment Period Ended on 2/4/2011
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1/5/11  7:38 pm
Commenter: Former Regulator

Enforcement
 

Who will enforce this regulation?  The heavy hand of the law now has a limp wrist.

Many years ago the health department would issue a Notice of Violation when a threat to public health or the environment was discovered.  A few years ago the Notice of Violation morphed into a Notice of Alleged Violation.  Last month this enforcement step morphed further into a Notice of Alleged Violation with Disclaimers.  A few days ago the civil penalty regulation was withdrawn.

There will be little or no enforcement.  Any enforcement will be inconsistent.  Those who ignore the law will likely not suffer any consequences.

My advice to owners of alternative onsite sewage systems: Ignore these regulatory requirements.  The health department will fail to take successful enforcement action.  Eventually the Governor will either clean the health department house or, he will turn the program over to a more capable agency.

I'm moving to a state that can just say no.

CommentID: 14886