Here are my comments on the proposed regulations. Please note that I am writing this comment representing a Responsible Management Entity (RME) business (could also be viewed as a Private Utility) that is serious about offering sustainable solutions for wastewater treatment and disposal using the concept of managed decentralized systems, i.e., Alternative Onsite Sewage System (AOSS), both large and small scale.
As a RME, my company (NCS Wastewater Solutions, a Division of Northwest Cascade, Inc.) offers design-build-manage services to our clients and we take full responsibilities for all our work and we offer financial backing (in form of Bonds – construction and maintenance) for AOSS that we operate.
While I am happy to see VDH take this big step on promulgating regulations for AOSS, I am afraid that without some changes to the current proposed language in the rules, Citizens (taxpayers) of the Commonwealth may not be able to take full advantages of using AOSS in a cost-effective and environmentally sound manner. On January 25, 2011 I attended the Public Hearing on these regulations and gave my verbal comments mainly related to the Nitrogen Issues covered in these Regulations. Following are my written comments/suggestions for changes that I hope the Board of Health would seriously consider in order to make the proposed regulations more effective and efficient for implementation. Comment #9 is related to the Nitrogen issues. Please let me know if you have any questions on my comments/suggestion. I appreciate your cooperation.
Comment #1
In Section 12VAC5-613-10, ADD following definition -
Responsible Management Entity (RME) – A legal entity responsible for providing various management services with the requisite managerial, financial, and technical capacity to ensure long-term, cost-effective management of Alternative Onsite Sewage System in accordance with these regulations and performance criteria.
Comment #2
In Section 12VAC5-613-10, DELETE the last sentence in the definition of “Ground water”. I suggest this because determination of seasonal or perched water table level is one of the most controversial regulatory concepts and this controversy can finally be put to rest by using TL-2 and TL-3 effluent quality at loading rate proposed in these regulations. It is okay to ask for vertical separation between the seasonal water table and effluent dispersal system as specified in the regulations, but there is no need to declare seasonal water table as the Ground water level on a site. Ground water level typically is the level at which one can draw ground water consistently without seasonal fluctuations. Thus, seasonal water is not that level and should not be included in the definition.
Comment #3
In Section 12VAC5-613-10, REPLACE the definition of “Pollution” with the language that is currently in effect in the State Water Control Law of Virginia (§ 62.1-44.3.) Since we have the term defined in the Commonwealth Law, why change it for this regulation?
Here is what the Law says –
State Water Control Law of Virginia § 62.1-44.3.
"Pollution" means such alteration of the physical, chemical or biological properties of any state waters as will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety or welfare, or to the health of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as present or possible future sources of public water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses, provided that (i) an alteration of the physical, chemical, or biological property of state waters, or a discharge or deposit of sewage, industrial wastes or other wastes to state waters by any owner which by itself is not sufficient to cause pollution, but which, in combination with such alteration of or discharge or deposit to state waters by other owners, is sufficient to cause pollution; (ii) the discharge of untreated sewage by any owner into state waters; and (iii) contributing to the contravention of standards of water quality duly established by the Board, are "pollution" for the terms and purposes of this chapter.
