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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2/4/11  12:40 pm
Commenter: Marie-Christine Belanger, Premier Tech Aqua

1. 12VAC5-613-10 Definitions: Maintenance, Operator and TL-3
 
Premier Tech Aqua is generally in support of the proposed regulations. This is true for both their intent and content. The following comments and proposed changes are the result of an extensive, comprehensive review of the proposed regulations. These comments are offered in an effort to improve the proposed regulations and should not be construed to indicate that PTA does not generally support the proposed regulations.
 

1.      12VAC5-613-10 Definitions: Maintenance, Operator and TL-3
 
a.      The routine replacement of filter media is a normal and expected procedure occurring at predetermined intervals, as contrasted with media replacement in a repair scenario, where the media is replaced prior to the routine interval in response to system malfunction or failure. The definition of maintenance should include routine media replacement and exclude media replacement associated with repair, more specifically as follows (proposed text change shown in italics):
 
"Maintenance" means performing adjustments to equipment and controls and in-kind replacement of normal wear and tear parts such as light bulbs, fuses, filters, pumps, motors, or other like components. Maintenance includes pumping the tanks, the routine replacement of treatment media or cleaning the building sewer on a periodic basis. Maintenance shall not include replacement of tanks, media replacement as part of a repair, drainfield piping, and distribution boxes or work requiring a construction permit and an installer
 
 
b.      Maintenance of a conventional septic system only needs general training but maintenance of treatment systems is more specific and requires a specific training, more specifically as follows (proposed text change shown in italics):
 
"Operator" means any individual employed or contracted by any owner who is licensed or certified under Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia as being qualified and duly trained and authorized by the manufacturer to operate, monitor, and maintain an alternative onsite sewage system.
 
 
c.       Under the proposed regulations, TL-3 effluent quality is mostly applicable in situations where disinfection is required. However, disinfection is subject to mechanical problems and variable performance, such that a base level of fecal coliform abatement is an important safety feature for TL-3 systems, as they are installed close to groundwater and fecal coliform is arguably the most important parameter in terms of protecting public health. For this reason, the fecal abatement performance of a TL-3 system should be a prerequisite and evaluated, rather than ignored.
 
Additionally, TL-2 corresponds to a secondary treatment level and TL-3 to an advanced secondary or tertiary treatment level which for the great majority of jurisdictions also includes performance levels for fecal abatement. As a matter of consistency and clarity throughout the rule, TL-3 should include a criteria for fecal abatement.
 
Finally, fecal abatement is an important performance indicator.
 
(Proposed text changes shown below in italics)
 
"Treatment level 3 effluent" or "TL-3 effluent" means effluent that has been treated to produce BOD5 and TSS concentrations equal to or less than 10 mg/l each and <10,000 fecal counts/ 100 mL 80% of the time.
 

 

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CommentID: 15041