In summary I feel strongly that:

1. The prohibition against putting these systems in wetlands needs to remain;

2. The required reductions in nitrogen pollution into the Chesapeake Bay watershed needs to remain;

3. No allowance should be made for these systems without dry ground beneath them;

4. Under no circumstances should septic effluent be allowed to directly flow into groundwater.

The proposed regs still allow for an AOSS to be set directly above groundwater, while imposing some additional conditions on the design at 12VAC5-613-80 with limited potential to reduce groundwater pollution. However, there are still significant gaps in those standards, which makes this provision objectionable and unacceptable. For example, the standards say that the site should not be flooded during a "wet season," but does not define a "wet season." Rainfall patterns vary significantly around the state, which means "wet seasons" do as well. Without a quantifiable standard set in regs, there remains a large potential for groundwater pollution as engineers, installers and landowners are left to guess, along with the VDH staff.

It takes only one flooding event to cause problems for a septic system not functioning properly or to damage the operation of a system. As such, none of these systems should be installed above groundwater without a zone of dry insitu soil between the treatment zone and the groundwater, since flooding may occur in any season.

Allowing these systems to discharge sewage effluent directly into groundwater poses a direct threat to public health of those who may drink the water or come in bodily contact with it, while adding further risk of more nitrogen in the Bay watershed. While the proposed regs state, "The AOSS shall not pose a greater risk of ground water pollution than systems otherwise permitted pursuant to 12VAC5-610. Nevertheless, the analysis done by the Department of Planning and Budget clearly found a contradiction: " The proposed standards for direct dispersal systems appear to be less stringent than Sewage Handling Regulations (SHSR) standards." (DPB Study p.8)

I support the prohibition on installation of AOSS in wetlands, additional nutrient reduction standards and the mandatory operation and maintenance requirements, but the deficiencies pointed out here need to be addressed before the proposed regs become final.