The following are statutory issues or conflicts between the proposed final regulation and 32.1-163.6:
1.The proposed regulation includes both performance and prescriptive requirements. The regulations need to be clear as to the specific performance requirements for engineers plans submitted pursuant to the Code of Virginia section 32.1-163.6.
2.The proposed regulations apply only to Professional Engineer designs pursuant to 32.1-163.6 as described in Section 40 E. It “grandfather’s” all other alternative system designs pursuant to the Sewage Handling and Disposal Regulations and Policies of the Division of Onsite Sewage and Water Services and thus creates disparate treatment between AOSE and PE designs.
3.The proposed regulations disregard the statutory definition of Treatment Works and sets compliance points inconsistent with the current statutory definition.
4.The proposed regulations require varying treatment levels based on vertical separation and site conditions for a Professional Engineer’s design where none exists under Section 32.1-163.6. Many of the treatment standards are unobtainable with small flow package units and are typically only required of large flow treatment plants with Advanced Treatment capability. These requirements exceed the statutory language that requires engineered design to meet the effluent quality limits for systems otherwise permitted pursuant to the regulations.
5.The Definitions include a definition for Standard Engineering Practice. The inclusion of this definition is inappropriate as DPOR has regulatory authority for Professional Engineers.
An engineer’s treatment works design submitted pursuant to Code of Virginia Section 32.1-163.6 must be compliant with:
standard engineering practice;
performance requirements established by the Board of Health;
horizontal setbacks necessary to protect human health and the environment and
must ensure that the treatment works will meet the discharge;zeffluent, surface and groundwater quality standards for systems otherwise permitted pursuant to the regulations.
In general, it is believed the statutory intent was to treat AOSE and PE designs equally, except that an AOSE would follow the prescriptive requirements of the Sewage Handling Disposal Regulations while a PE design could follow either the prescriptive or performance requirements. I do not believe the legislative intent was to create new treatment standards that apply solely to PE’s.
