12VAC5-613-70. General approval testing and evaluation.

Please consider the following edits / addition to this section.

A. The division shall develop a protocol to verify the expected performance of treatment units of small AOSSs that meet TL-2 or TL-3 effluent quality. The protocol to evaluate and test field performance of TL-3 treatment units shall include the following minimum requirements:

1. The manufacturer shall evaluate at least 20 treatment units installed in the Commonwealth of Virginia for single family residences occupied full-time, year-round throughout the testing and evaluation period;

2. The manufacturer shall provide the division with quarterly results of influent and effluent samples measuring, at a minimum, BOD and TSS for each installed treatment unit;

3. Operation and maintenance shall be performed on each treatment unit during the evaluation period in accordance with the provisions of this chapter; and

4. An independent third party with no stake in the outcome of the approval process shall oversee and administer the testing and evaluation protocol. Examples of an independent third party include faculty members in an appropriate program of an accredited college or university, a licensed professional engineer experienced in the field of environmental engineering, or a testing firm that is deemed by the division to be acceptable.

B. The Deparment shall develop a protocol for general approval, propriatary treatment works that meet the requirements of this chapter that are not applicable for verification under 12VAC5-613-70 A.  Verification will be in consideration of standardized testing, technology verification, institutional studies, additional third party evaluations, and  additional information acceptable to the Department.

Short of pretreatment unit performance verification, there is no mechanism by which a treatment works can be considered as meeting the intent of the regulation, except individual submissions for permit under under § 32.1-163.6 of the Code of Virginia.  Essentially we need a protocol to consider the unknow or unforseen. 

Seperately, how will the Department evaluate BMP’s?