Commenter:
Marie-Christine Belanger, Premier Tech Aqua
2. 12VAC5-613-30(L) Five Year Review
1.12VAC5-613-30(L) Five Year Review
The protocol and requirements for general approval in Virginia have shifted substantially from more to less demanding over the past several years, with the more recent protocol and requirements being based expressly on the results obtained from the first three generally approved systems. Additionally, some approvals under the current GMP 147 protocol have been initiated using a protocol remarkably similar to the one outlined in the proposed regulations, i.e., 20 systems in Virginia sampled quarterly, etc.. For this reason, it is illogical and unwarranted to require any additional review of systems which were evaluated based on a study conducted in Virginia which meets the requirements under the proposed regulations, absent a separate intervening cause, such as a fundamental design change or excessive performance problems. More specifically, the proposed regulation should be changed to recognize the equivalence or sufficiency of systems receiving general approval based on field verification studies in Virginia of 20 or more systems, as required in the proposed regulations (proposed text changes shown in italics).
12VAC5-613-30(L): Treatment units for small AOSSs that are recognized by the department as generally approved for TL-2 or TL-3 as of the effective date of this chapter shall: (a) retain permanently such status if they were granted general approval based on a field verification study conducted in Virginia which meets the requirements of this Chapter or (b) retain such status for a period of two years from the effective date of this chapter after which the units shall be evaluated pursuant to the requirements of this chapter.
