12VAC5-613-200.4 – is excessively prohibitive (see discussion of wetlands in 12VAC5-613-90.E above). VDH should demonstrate the science or empirical data to justify this requirement.

 

12VAC5-613-200.5.b and c – VDH should demonstrate the science or empirical data to justify these requirements. Treatment compliance is achieved at the point where the effluent from the Treatment Works complies with statutory requirements for effluent quality meeting systems otherwise permitted pursuant to the regulations. Typically drainage trenches or excavations are not part of the treatment works as defined in 32.1-163, but are ancillary improvements to promote site drainage.