Smaller government is good; less regulation is good.  Increasing the number of private sector jobs is good.  Reducing the size of government while increasing regulation is a recipe for failure.

The Governor wants to reduce state agency budgets by 6%.  The only effective way to accomplish this is to cut employee positions.  The plan is to cut 20 health department sewage positions by July 1st.  Regardless of what any impact statement may claim, this regulation will necessitate a significant increase in health department staff.  Otherwise, an understaffed agency will have no choice but to ignore enforcement.  VDH has been ignoring enforcement for the past 18 months under the Emergency Regulations.  With the current state budget problems this is no time to implement this regulation.

If there's no turning back on this performance based regulation perhaps VDH can streamline it's permitting process so that it can focus on O&M and enforcement issues.  Since anything goes now, i.e. there are no minimum soil requirements so you'll be able to install a sewage system practically anywhere, why focus on the reviews of the private sector evaluations and designs.  Obviously the desire is to shift the focus to post-flush performance.

Streamline permit approvals: Develop an express permit process that includes standardized forms, preferably with an electronic option that is compatible with and can be imported into the health department's poor excuse for a database.  Include specific certification check-off items for the OSE/PE.  Recognize and accept their certifications and signatures.  Have a pass/fail test based on the certification, not based on the content of 30 to 50 pages of plans, specifications, fluff, etc.

This express permit submittal could be optional for applicants.  If you follow the standardized process with standardized forms, you get a permit quickly with little or no review.  VDH has no review liability, the OSE/PE is 100% responsible for his/her work, the applicant gets a permit quickly, and VDH can shift resources to implementation of this regulation.  All QA shifts to post-flush performance.

We need to stop getting bogged down on reviews.  If the OSE/PE says the design meets the regulations (for BOTH sewage and water supply) then it meets the regulations.  Issue the permit then focus on performance.

It may take up to 10 years or more to find out what impact this performance based regulation will have on public health and the environment.  It sort of reminds me of the comment the former Speaker of the House made: "Pass it so we can find out what's in it".