SepticSmart Week

When homeowners flush and don’t think about their home’s septic system, it can lead to system back-ups and overflows, surfacing sewage in your yard which can be expensive to fix, polluted local waterways, and risks to public health and the environment. Nonetheless, Virginia like many states has struggled to try to get homeowners to properly maintain their septic systems, both conventional and alternative. Homeowners fail to see or simply ignore indications that their septic systems have failed, do not pump their tanks at appropriate intervals and do not comply with inspection and maintenance regulation for alternative systems. While the Virginia Department of Health (VDH) holds meetings and struggles for solutions, the U.S. Environmental Protection Agency (EPA) has launched the first annual SepticSmart Week, September 16-20, 2013 to encourage homeowners to get “SepticSmart.”

The United States has made tremendous advances in the past 35 years to clean up our rivers and streams under the Clean Water Act by controlling pollution from industry and sewage treatment plants. In order to continue to make progress in cleaning up our rivers and streams EPA has turned their focus to control pollution from diffuse, or nonpoint, sources. According to EPA, nonpoint source pollution remains the Nation's largest source of water quality problems. EPA has stated nonpoint source pollution as the reason 40% of our surveyed rivers, lakes, and estuaries are not clean enough to meet basic uses such as fishing or swimming. To continue to improve the quality of the surface and groundwater in the United States, the EPA has wants to expand its programs to include control and oversight of non-point sources of contamination and has used methods such as the Chesapeake Bay Totals Maximum Daily Load (TMDL) limits for sediment and the nutrients phosphorus and nitrogen.

Nonpoint source pollution occurs when rainfall, snowmelt, or irrigation runs over land or through the ground, picks up pollutants, nutrients, sediment and carries them to streams and on into rivers, lakes, and coastal waters or percolates into the ground and groundwater. Agriculture, forestry, grazing, septic systems, vehicles including cars, trucks, trains, boats, urban runoff, construction, physical changes to stream channels and land surface, and habitat degradation are potential sources of nonpoint source pollution. Careless or uninformed household management also contributes to nonpoint source pollution. Unfortunately, we did not do enough to control pollution from diffuse, or nonpoint, sources- from our homes and living.

Non-point source contamination has always been under the oversight of the states, and the nature of the sources of this contamination make it very challenging for even state and local regulatory agencies to make any progress. EPA has used the Chesapeake Bay TMDL to force the states to develop plans to manage and reduce nonpoint source pollution. In the past public and private groups have developed and used pollution prevention and pollution reduction initiatives. One example is the Soil and Water Conservation Districts that help educate citizens about their watershed and assist farmers in implementing best management practices and other nonpoint pollution controls using cost share dollars from the state and developing nutrient management plants. Nonetheless, more than environmental education activities seems necessary to get citizens to implement the best practices and low impact development strategies and control their own sources of nonpoint pollution starting with the most basic maintenance and care of their septic systems.

Simply pumping out your septic tank would be a good start at reducing nonpoint pollution, but homeowners just don’t do it. EPA and the Virginia Department of the Environment (through the VDH) have struggled with the challenges of better management of septic systems. There are more than 26 million septic systems in the United States, representing almost a quarter of all U.S. households. It is assumed that in Virginia a fairly rural state that at least a quarter of households use a septic system to treat their wastewater. Proper septic system care and maintenance is vital to protecting public health and preserving valuable water resources and the environment, but has been difficult to achieve.

In Virginia alternative septic systems, called AOSS, are regulated, but compliance with the regulations has been poor. The VDH has been holding stakeholder meetings to develop recommendations to increase homeowner and private sector participation in their program which requires an annual inspection of a system (by a licensed operator), regular maintenance and regular pumping of the tank.

Taking the steps recommended by the EPA for SepticSmart Week would be a great start at reducing nonpoint pollution of our waters. Homeowners can do their part by following these SepticSmart tips:

1. Protect It and Inspect It: In general, homeowners should have their traditional septic system inspected every three years and their alternative system inspected annually by a licensed contractor and have their tank pumped when necessary, generally every three to five years. 
2. Think at the Sink: Avoid pouring fats, grease, and solids down the drain, which can clog a system’s pipes and drainfield.
3. Don’t Overload the Commode: Ask guests to only to put things in the drain or toilet that belong there. For example, coffee grounds, dental floss, disposable diapers and wipes, feminine hygiene products, cigarette butts, and cat litter can all clog and potentially damage septic systems. Flushable wipes are not flushable and do not break down in a septic tank.
4. Don’t Strain Your Drain: Be water efficient and spread out water use. Fix plumbing leaks, install faucet aerators and water-efficient products, and spread out laundry and dishwasher loads throughout the day and week. Too much water at once can overload a system if it hasn’t been pumped recently. 
5. Shield Your Field: Remind guests not to park or drive on a system’s drainfield, where the vehicle’s weight could damage buried pipes or disrupt underground flow.

The Basics of Living with a Well and Septic System

First, locate your well and septic system if you do not already know where they are (the as built diagram from the building department, or County Health District information can tell you this). Next you need to know the type of septic system you have: traditional or alternative. An alternative septic system is also known as an AOSS (alternative on-site sewage system). In Virginia AOSS are subject to regulations requiring annual inspections and maintenance.  Likewise you need to know the type of well, information on the construction of the well and the aquifer that supplies the well. Here in Prince William County information on all private wells drilled in the county after 1977 are in the files of the Prince William County Health District. The PW Health District has detailed files on over 20,000 wells. The “Water Well Completion Report” can tell you the age of the well, the depth of the well and casing, the approximate water zones and the yield at completion.  When a well is drilled or a home purchased the only water sampling that takes place is for a coliform bacteria test. There are many chemicals and naturally occurring contaminants that could make water unpalatable or unhealthy. In addition, a coliform test tells you almost nothing about the condition of the well.

A well should be a 6 inch diameter pipe with a bolted cap sticking a foot or more above the ground surface. What I have described is a modern drilled well. There are also dug and bored wells. Those types of wells fail sooner, are prone to go dry during droughts and because they are shallow (less than 40 feet deep) are more subject to pollution and surface contamination. If you have a dug or bored well, start saving money now to drill a new well (you will probably need it soon).  Drilled wells are more than 40 feet deep, typically more than 100. Virginia adopted statewide regulations on well construction in 1992 which conformed fairly closely to the PW County regulations. While many wells will last decades, it is reported that 20 years is the average age of well failure. Older well pumps are more likely to leak lubricating oil or fail. Well casings are subject to corrosion, pitting and perforation. Some kind of equipment failure usually occurs in the first 20 years.

Also, the well itself may fail after 20-30 years, though I personally know of a drilled well that lasted almost 50 years. You need to understand the characteristics  of the aquifer feeding your well to be aware of the factors that impact water quantity and quality. There are dry years and wet years and water availability will vary, though it is not always obvious. The groundwater aquifer tapped for water is not seen so you need to understand it to be aware of the water budget that you will have to live within before you run out of water. If a property has a low producing well, there are ways to deal with it. First is water conservation and the second is to increase water storage within the system. Water conservation involves changing water–use behavior such as taking shorter showers, but usually involves installing water saving devices like a front-loading washer (saves 20 gallons of water for each load),low flush toilets, flow restricting faucets and shower heads. Installing water saving appliances can reduce household water use by up to 30%. Water conservation is always a good idea when your water comes from a well, but increasing water storage can make a reliable 1 gallon a minute well viable for a modern household. However, it is possible that the production rate of the well itself has been falling and the well is failing. According to Marcus Haynes of the PW Health District the effective yield from a well can fall 40-50% or more over 20-30 years, so a low yielding well might have an effective life of only 25 years.

The well owner is responsible for ensuring that their water is safe to drink. Unlike public drinking water systems serving many people which have experts regularly checking the water quality, no one is looking out for families with their own wells. There are very few regulations nationally requiring the testing of private wells (New Jersey is a notable exception). In Virginia a well is only required to be tested for coliform bacteria at completion and mortgage lenders require the same test at purchase. However,at a minimum, all private water wells should be tested every year or so for total coliform bacteria, E Coli, nitrates, total dissolved solids and pH levels. Part of the price of your own water supply is maintaining it and testing it. You cannot taste bacterial contamination from human and animal waste and you cannot taste nitrate/ nitrite contamination. Total coliform counts give a general indication of the sanitary condition of a water supply and nothing more. Total coliform includes bacteria that are found in the soil, in water that has been influenced by surface water, and in human or animal waste. Fecal coliform is the group of the total coliform that is considered to be present specifically in the gut and feces of warm-blooded animals. E. coli is the best indicator of fecal pollution and the possible presence of pathogens. If a sample is positive for coliform bacteria a second test for fecal coliform and E Coli is usually performed. Anything that you pour down the drain, flush down the toilet, pour into your yard or spray around your house could end up contaminating the groundwater at your own home or your neighbors’ homes, and you might want to consider testing for these if you are aware of a history of use.

A septic system has no ability to treat solvents, oils, grease, household chemicals and pesticides. These substances may damage your septic system, cause the system to back-up into your basement, untreated sewage to surface in your yard, and/or contaminate the groundwater. A typical septic system has four main components: a pipe from the home, a septic tank, a leach field (alternative systems might have drip fields, sand mounds or peat tanks where a leach field is not possible or has failed), and the soil. The system is designed to remove most of the biological contamination by settling and bacterial digestion so that the soil is not overwhelmed and can “polish” the water before it is returned through the soil to the groundwater. Never dispose of anything but human biological waste (and a reasonable amount of toilet paper) in your septic system. Limit the use of household chemical cleaners, solvents, bleach, pesticides and termite treatments sprayed into the ground.  

The septic tank is a buried, watertight container typically made of concrete, fiberglass, or polyethylene. It holds the wastewater long enough to allow solids to settle out (forming sludge) and oil and grease to float to the surface (as scum). It also allows partial decomposition of the solid fecal materials. Anaerobic (without oxygen) digestion takes place with the aid of bacteria that came from human digestive tracks and most of the fecal solids are converted to carbon dioxide, water and other byproducts. The process is not completely efficient and fecal solids and other materials that find their way into the septic tank will accumulate over time. To keep a septic system operating optimally, a septic tank must be pumped every few years to remove the scum and solid layers. Steady use of water throughout the day and water conservation should be practiced because too large a flow of waste water and the solids in the tank will be stirred up and be carried out to the drain field.

Also, the drain field does not have an unlimited capacity. The more water your family uses, the greater the likelihood of problems with the septic system, so it is important to fix all leaks, and stop toilets from running and practice water conservation.  In the Chesapeake Bay watershed many homes are within areas designated  resource protected areas that requires a septic tank pumpout at least every five years, but that may not be frequent enough depending primarily on the size of your tank, the number of people in the household contributing to the volume of your wastewater, the volume of solids in your wastewater and whether you use a garbage disposal or have a water treatment system. Excess water flow through the septic system can cause the solid sludge buildup and floating scum (grease, oil, dead skin cells, etc.) to flow out of the tank and travel into the leach field area. Some newer systems have screens and filters to keep solids from entering the leach field. These filters and screens become clogged and need to be cleaned out regularly or the system will back up into the house.

Finally, you need to limit what goes down the drain to prevent bacterial die-off in the tank so that it will continue to function as designed. Die-off of the bacteria necessary for a septic system to perform properly has been seen in experiments where excessive amount of harsh household chemicals were added to the septic tank. As little as of 1.85 gallons of liquid bleach, 5.0 gallons of liquid Lysol cleaner, or 11.3 grams of Drano drain cleaner added to a 1,000-gallon septic tank have caused die-off of the bacteria in experiments. Other factors that can cause die-off include the excessive use of anti-bacterial agents, and, in certain cases, antibiotic medications taken by members of a household. However, in normal use, you do not need to add a chemical or biological stimulator or an enhancer to a septic tank that is designed, operated, and maintained properly. The naturally occurring bacteria are already present within human fecal matter are adequate for the system to function properly. Contrary to popular belief, chemical additives, such as caustic hydroxides and sulfuric acid, should never be added to a septic system. Adding these chemicals will destroy the bacterial population in the septic tank, change the permeability characteristics of the soil absorption system, and may cause groundwater contamination.

Septic drainfields and alternative secondary treatments like peat tanks and sand mounds also have a limited life. The life of a septic drainfield is dependent on how the system is managed, the frequency of septic tank pump outs, and the number of people living in a house, but 20-30 years may be the life of those systems- even when well managed.

The following actions to protect groundwater from contamination and are based on recommendations from the National Groundwater Association:
1. Properly store hazardous household substances like paints, paint thinners, petroleum products, fertilizers, herbicides, insecticides, and cleaning products in secure containers. Try to minimize the use of these substances in your home and yard.
2. Mix hazardous household substances over concrete or asphalt where they can be cleaned up or absorbed onto disposable media like paper towels and then properly disposed of with hazardous material waste.
3. Dispose of hazardous household wastes at an appropriate waste disposal facility or drop-off. Most landfills and city trash programs have these drop-offs.
4. Do not put hazardous household wastes down the drain or in the toilet EVER. Do not wash paint brushes or containers in the sink. Minimize the use of bleach, chemical disinfectants and antibacterial agents.
5. Do not put any wastes down a dry or abandoned well or use sinkholes as waste disposal holes.
6. Service your septic system regularly. At a minimum pump your septic tank every 3-5 years.
7. Check your private drinking water well annually to make sure the sanitary seals are intact.
8. Decommission abandoned wells on your property using a qualified water well contractor

Iron Bacteria

It was time for my semi-annual Alternative On-Site Sewage (AOSS) System service/ inspection as required by the manufacturer and under Virginia regulations. At the scheduled time my service company arrived and I followed them around to chat about how the system was holding up. Unfortunately, my Delta Whitewater system and drip field have had many problems over the years, and I prefer to take advantage of the inspection/ service to ask, listen and learn. Once more the “zoner” valve was leaking, but fortunately a new gasket solved the problem and this year I escaped replacing the zoner again. However, the scum level appeared to be quite thick. This was perplexing since 5 months earlier when I was away on vacation the septic company had supposedly pumped the tank and charged me for it.  I looked at the scum layer and took a couple of pictures- yeah, I know, gross. The field service technician went back to headquarters to try and determine what could have caused so much scum. The company determined that they must have mistakenly not pumped the tank and sent out the truck to pump my tank.

Looking at the pictures and thinking about my previous experience with my septic tanks- I had never previously had that level of scum even with several years between pump outs. This is a two person household and I am careful with grease, fats, oils and scraps.  So, I asked around and searched for other solutions. I received one from Sandra Gentry of Gentry Septic Tank Service and Secretary of Virginia Onsite Wastewater Recycling Association (VOWRA). Though Sandra did not know the answer off the top of her head she was able to tap into her network of contacts and find a possible cause for my problem.Sandra suggested that the cause might be iron bacteria. That bacteria reportedly just love all the excess oxygen in an ATU (the second tank in my AOSS that the system blows air into 24/7). According to Sandra the iron bacteria should look a bit like a brown Jell-O. I examined the pictures I took and thought, maybe.

Though I test my well water each year for all primary and secondary pollutants, iron bacteria is not part of that suite of tests and frankly I had not thought to test for iron bacteria. Generally, there are symptoms of iron bacteria.  Iron bacteria often produce unpleasant tastes and odors commonly reported as: "swampy," "oily or petroleum," "cucumber," "sewage," "rotten vegetation," or "musty." The taste or odor may be more noticeable after the water has not been used for some time and are not easily explained by other causes. Iron bacteria do not produce the "rotten egg" smell common to hydrogen sulfide, but do create an environment where sulfur bacteria can grow and produce hydrogen sulfide. There is often a discoloration of the water with the iron bacteria causing a slight yellow, orange, red or brown tint to the water. It is sometimes possible to see a rainbow colored, oil-like sheen on the water. Though the classic symptom of iron bacteria is a rust colored slime, but may be yellow, brown, or grey. I had noticed none of those symptoms and I drink my water without further treatment.

However, I had on occasion noticed a subtle bit of white filament on the bottom of pitchers of water and that could be a symptom.  So, I ordered an Iron Bacteria Test from National Testing Laboratories took a water sample following the instructions and overnighted the shipment to the laboratory who found “Iron Related Bacteria” present with an estimated population of  2,300 cfu/mL.  This level of iron bacteria is “top tier” and needs to be addressed. Iron bacteria once introduced into the well will not get better, but continue to get worse destroying your pump and ultimately fouling the well. Left unaddressed sooner or later I would no doubt experience some of the very unpleasant symptoms of iron bacteria. Although iron bacteria can make water unpleasant in taste or smell, there is no health risk associated with the bacteria. They are harmless, but annoying. 

Elevated levels of iron or manganese in groundwater are an ideal media for iron bacteria to grow. Iron bacteria are present in soils and surface water in this area of Virginia and in many parts of the country. Iron bacteria can be introduced into a well during drilling, repair, or service if  tools, equipment, or devices used during well drilling or pump servicing were not properly disinfected. It is believed that the bacteria must be introduced into the aquifer and cannot infect the water without human help. Some health departments in parts of the country that are also iron rich recommend  chlorinating the well once a year or anytime it has been opened or serviced as a method of prevention and control of the bacteria. Elimination of iron bacteria once a well is heavily infested can be extremely difficult. Normal treatment for a problem such as this would be to chlorine “shock,” but iron bacteria can be particularly persistent and chlorine treatment of the well may be only partly effective.

Physical removal is typically done as a first step in heavily infected wells where the functioning of the pump and well production have already been impacted by the bacterial slime buildup. The pumping equipment in the well must be removed and cleaned, which is usually a job for a well contractor or pump installer. The well casing is then scrubbed using (disinfected) brushes or other tools. Physical removal is usually followed by chemical treatment with chlorine (or less commonly acids). Chlorine is inexpensive and easy to use, but may have limited effectiveness and may require repeated treatments. Effective treatment requires sufficient chlorine strength and time in contact with the bacteria, and is often improved with agitation. Though typically a chlorine concentration of 200 parts per million for decontamination of a well, a higher concentration is recommended by the literature for iron bacteria. Recommended concentrations are between 500-1,000 parts per million. Be warned that too high a concentration can make the well to alkaline and reduce effectiveness. In addition high concentrations of chlorine may affect water conditioning equipment, appliances such as dishwashers, and septic systems. You may want to check with the manufacturer of the appliances before chlorinating.

Though it is relatively easy to bypass equipment, iron bacteria may remain in the units and reintroduce the iron bacteria into the plumbing system. The recommended strategy is to treat the well with a 500-1,000 parts per million chlorine and then dilute the remaining water in the well. This can be accomplished by allowing a significant amount of the water to runoff to a safe disposal location using hoses until the water runs clear, and allow the well to refill and dilute the concentration then introduce the water into the house water system to disinfect the household treatment units, appliances and piping with lower concentrations circulated through the water system. The Idaho Water Resources Research Institute recommends an initial treatment at 1,000 ppm including scrubbing and disinfecting the pump and an annual maintenance disinfection of 500 ppm leaving the pump in place. Constant chlorination (which should be followed by activated carbon filtration to remove the carcinogenic chlorine breakdown products)  is not typically necessary and falls into the category of over treatment. The less treatment the better.  

Pasteurization of the well is another technique that has been successfully used to control iron bacteria. Pasteurization involves a process of injecting steam or hot water into the well and maintaining a water temperature in the well of 60°C (140 degrees Fahrenheit) for 30 minutes. Pasteurization can be effective, however, the process may be expensive and all the well equipment needs to be pasteurized as well and holding temperature for thirty minutes can be difficult especially in deep wells. Chemical treatment with chlorine is the most commonly used iron bacteria treatment technique and the one I used. I coordinated the well treatment with pumping the septic tanks and then as recommended to me by Sandra to chlorinate the heck (she did use a slightly different word) out of all my septic tanks to kill the iron bacteria that is already there (as well as all the other bacteria) and then allowed the system to return to normal function naturally.

I hired a well driller for this job, to have him pull and clean the pump, chlorinate the well and water system and used pumping my septic tank to dispose of the high chlorine concentration water. However, if you want the instructions to calculate the amount of chlorine bleach to use and the steps to take to treat your well read the instructions from Minnesota (which includes instructions for water softeners and other water treatment systems), but use 4 times the chlorine they suggest for the initial well treatment since these are the instruction for the less persistent chloroform bacteria.  A couple of months after the job was done, confirmation testing confirmed the success of the project. In the future I plan to test my water regularly for iron bacteria and only chlorinate my well as necessary. My approach is to always perform the least amount of treatment necessary on my well and water. 

The Final Alternative Septic Regulation in Virginia

The Emergency Alternative Onsite Sewage System (AOSS) Regulations went into effect April 7, 2010 and expired on October 6th 2011. It was anticipated that the final regulation would replace them without a gap in regulation; but Governor McDonnell did not sign the final regulations until October 20th 2011. The Board of Health will publish the regulations on November 7th 2011 and they will go into effect 30 days later, so there will be a 60 day gap in regulation which in the end is meaningless. Homeowners had only recently received letters informing them of the now expired emergency regulations, but the requirements under the final regulations are almost the same as outlined by the Board of Health Letters sent to homeowners this past spring. So as a homeowner with an alternative septic system in Virginia you will need to be in compliance with the regulations.

The final regulations list the homeowner responsibilities as section 140 of the regulations.12VAC5-613-140. Owner responsibilities.
It is the owner's responsibility to do the following:
1. Have the AOSS operated and maintained by an operator;
2. Have an operator visit the AOSS at the frequency required by this chapter;
3. Have an operator collect any samples required by this chapter;
4. Keep a copy of the log provided by the operator on the property where the AOSS is located in electronic or hard copy form, make the log available to the department upon request, and make a reasonable effort to transfer the log to any future owner;
5. Follow the O&M manual and keep a copy of the O&M manual in electronic or hard copy form for the AOSS on the property where the AOSS is located, make the O&M manual available to the department upon request, and make a reasonable effort to transfer the O&M manual to any future owner; and
6. Comply with the onsite sewage system requirements contained in local ordinances adopted pursuant to the Chesapeake Bay Preservation Act (§ 10.1-2100 et seq. of the Code of Virginia) and the Chesapeake Bay Preservation Area Designation and Management Regulations (9VAC10-20) when an AOSS is located within a Chesapeake Bay Preservation Area.

Have your AOSS operated and maintained by a licensed operator. As a homeowner if you are not licensed by the DPOR you are not allowed to maintain nor operate you own AOSS. The Virginia code requires the owner of an AOSS to have that system operated by a licensed operator, so you need to hire one of them to operate and maintain your system. That amounts to at a minimum one visit a year, but may be more depending on the type of system you have. The cost of my septic contract increased by 25% after the emergency regulations were approved by the Governor. The operator (or someone who works for the license holder) will visit your home inspect, test and service the components of your system and will file a report on line with the Virginia Department of Health certifying the results.

Have an operator review the operation of the system at the frequency required by the regulations. The frequency of your required maintenance is actually on your AOSS operating permit, which you have probably never seen. Do not worry, if you have an “off the shelf” system it is probably once or twice a year. Typically, the manufacturer obtained general approval for commercially available AOSS (and that is most systems), the maintenance schedule is given in the standard homeowner’s manual (the link to that is below in the next section). My system operating instructions detail system inspections and adjustments every six months and filter cleaning every three months. The operator is required to perform the required system maintenance, fill out and file forms with Environmental Health detailing the operation and condition of the system and compliance with the required maintenance schedule. The operator is required to file a report (on-line) for all visits. A little note, if your system was custom designed by an engineer, you could have significant additional operating, maintenance and sampling requirements.

Have an operator collect any samples required by this chapter. Laboratory sampling is not required for any small AOSS with an installed soil treatment area that is sized for septic tank effluent and complies with the requirements of 12VAC5-610 for septic tank effluent. In addition to regular maintenance and inspection, all systems installed after April 7, 2010 and whose systems have a secondary treatment and is not exempted by the above statement are required to have a grab sample of sludge taken and analyzed for BOD and, if disinfection is required, fecal coliform once every five years. Systems installed before April 2010 are grandfathered and do not require sampling. Expect to pay at least a couple hundred dollars for this. Yes, it would be cheaper if you took the samples yourself, but you are not allowed to.

Keep a copy of the maintenance log provide by the operator on the property where the AOSS is located. Every time the operator visits your system to maintain and/or inspect it, they are required to fill out a form with the Virginia Department of Health on their on-line reporting system and send you or give you a form indicating what service they provided. I file all of these in a notebook with the Operations Manual, but my service company e-mails me the invoice/log entry so I have all items electronically stored.

Keep a copy of the Operations and Maintenance (O&M) Manual for the AOSS on the property, make it available to the health department on request and transfer the O&M Manual to any future owner. All manufactures of systems approved in Virginia have created O&M Manuals that you can access on line and print. You can download the manual and save it or you can print it out. I know this is the biggest waste of paper ever, but I found it easier to actually skim through the manual in print. It does give some useful tips on how to properly use your system. All the manuals from the standard state approved systems can be accessed at this link. (Go outside and read the name and model number off your system. It is on the power/circuit boxes bolted to the house.)

Comply with the local ordinances for the Chesapeake Bay Preservation Act when an AOSS is located within a Chesapeake Bay Preservation Area. Once a system is built, the responsibilities for the owner are to have the system pumped out at a minimum every five years. Here is a little tip, systems are less likely to back up into your basement or percolate out of the drain field if you pump them out frequently. In practice the licensed operator should inform you when your system needs to be pumped out and certainly the Board of health will send you a letter.

These are now the final regulations for O&M of alternative septic systems. Compliance is simple, but expensive. Identify the type of system you have, print the manual, then identify a licensed operator in your area and hire them. (Check reference and comparison shop, cost is not always indicative of quality in an inefficient market.) I have found by reviewing the AOSS survey performed for the Department of Health that these systems tend to need regular component replacement or repair, so good response time for a system alarm or failure is important.

While alternative septic systems are a bit more complicated that traditional septic systems they can allow the safe development of environmentally sensitive areas. However, it is widely accepted, but not well documented that improperly managed septic systems contribute to major water quality problems. In 2003 EPA reported that 168,000 viral and 34,000 bacterial illnesses occur each year from drinking water contaminated by waterborne pathogens from fecal contamination due primarily from failed septic systems. Proper maintenance of septic systems (both traditional and alternative) is essential for protection of public health and local water resources. Unfortunately, while you and I responsibly manage our septic systems, (exercise, maintain a healthy weight, eat 5 servings of fruits and vegetables daily, save for retirement, etc.), many homeowners are unaware of how septic systems work and what is necessary to maintain them.

One method to deal with this problem was to eliminate all but the most basic systems in the most geologically favorable locations (reduce percolation rate tolerances and design the systems as conservatively as possible). The other method was to regulate, control and track. Establish system performance and monitoring and maintenance requirements, establish a tracking system and operating permits for compliance monitoring, and establish penalties and enforce the program. As a society we collect taxes, we license, register, and inspect cars; now we permit, register and inspect/maintain a septic system. Legislation approved in 2008 (Va. Code § 32.1-163.6) chose which path Virginia would take. That legislation required the Virginia Department of Health to accept designs from professional engineers for alternative septic systems that comply with standard engineering practice, any performance requirements established by the Board, and horizontal setback requirements necessary to protect public health and the environment. In response to that legislation, several localities banned alternative septic systems to protect the groundwater in their communities. Finally, the Virginia legislature stepped in again and required the Board of Health created the emergency regulations (and ultimately the final regulations) to address three issues for AOSS; performance standards, horizontal setbacks, and Operation and Maintenance necessary to protect public health and the environment from AOSS failure or poor design.

This legislation denied localities the ability to restrict use of AOSS in their counties, expanding property rights. However, the legislation also protects public health, the waters of the state and the environment because it requires all AOSS be properly designed, meet minimum performance standards and be properly maintained and spells out what that entails. It is believed by regulators and manufacturer that proper operation and maintenance of these systems will ensure that all AOSS function as designed. It is hoped that uniform regulations throughout the Commonwealth will facilitate homeowner awareness and compliance with the regulations. The full text of the regulations can be read at this link.

Complying With Virginia Alternative Septic Regulations

At the end of April of this year Prince William County Environmental Health finally sent out letters notifying the owners of Alternative Onsite Sewage Systems, AOSS, that they are required to comply with the AOSS Regulations that went into effect April 7, 2010. Environmental Health is part of the county health district and implements the Virginia State Department of Health regulations. Though this legislation denied localities the ability to restrict use of alternative septic systems, it requires all AOSS be properly maintained. Uniform regulations throughout the Commonwealth might facilitate homeowner awareness and compliance with the regulations.

The letters from Prince William County Environmental Health outline (though I am afraid not entirely clearly) the six responsibilities of homeowners with AOSS. It is really very easy to comply, though not at all cheap. I have an O&M Service plan with one inspection and two service visits a year including all required reporting for $575 per year for the basic plan. Discounts are available from most companies if you get together a group of neighbors.

1. Maintain a relationship with a licensed operator. This “relationship” does not have to be a service contract, but many licensed operators require a contract to take on the obligations of the regulations and quite frankly, it does simplify things. A licensed operator is an onsite sewage system operators licensed by DPOR to operate and maintain all alternative onsite septic systems, AOSS. Appropriate licenses are any licensee within the Onsite Sewage System Professionals category (soil evaluators, operators or installers) or Soil Scientists. Note that DPOR does not issue multiple licenses to individuals, so that someone who is qualified to install is also qualified to operate a system. You can go the DPOR website and look up the individual license holder, but it is important to know the individual license holder’s name which is not always the same as a company name. Many companies operate with several employees working under the license holder.
2. Have your AOSS operated and maintained by a licensed operator. The Virginia code requires the owner of an AOSS to have that system operated by a licensed operator, so you need to hire one of them to operate and maintain your system. That amounts to at a minimum one visit a year, but may be more depending on the type of system you have.
3. Have an operator review the operation of the system at the frequency required by the regulations. The frequency of your required maintenance is actually on your AOSS operating permit, which you have probably never seen. However, with an AOSS system that the manufacturer obtained general approval for (and that is most systems), the maintenance schedule is given in the standard homeowner’s manual (where to find that is below). My system operating instructions detail system inspections and adjustments every six months and filter cleaning every three months. The operator is required to fill out and file forms with Environmental Health detailing the operation and condition of the system and compliance with the required maintenance schedule. The operator is required to file a report (on-line) for all visits.
4. Have an operator collect any samples required by the Regulations. In addition to regular maintenance and inspection, all systems installed after April 7, 2010 and whose systems have a secondary treatment before the soil treatment area are required to have a grab sample of sludge taken and analyzed for BOD and, if disinfection is required, fecal coliform once every five years. Systems installed before April 2010 are grandfathered and do not require sampling (they were installed without sampling ports).
5. Keep a copy of the maintenance log provide by the operator on the property where the AOSS is located. Every time the operator visits your system to maintain and/or inspect it, they are required to fill out a form with the Virginia Department of Health on their on-line reporting system and send you or give you a form indicating what service they provided. I file all of these in a notebook with the Operations Manual, but my service company e-mails me the invoice/log entry so I have all items electronically stored.
6. Keep a copy of the Operations and Maintenance (O&M) Manual for the AOSS on the property, make it available to the health department on request and transfer the O&M Manual to any future owner. All manufactures of systems approved in Virginia have created O&M Manuals that you can access on line and print. I know this is the biggest waste of paper ever, but I’m not entirely convinced that the health department would accept an electronic copy. Also, read it, it does give some useful tips on how to properly use your system. All the manuals from the standard state approved systems can be accessed at this link. (Go outside and read the name and model number off your system. It is on the power units bolted to the house.)

These requirements went into effect on April 7, 2010 and remain in effect until final regulations for O&M of alternative systems are in place. The letter you received requires you to engage a licensed operator in a “timely” manner. These requirements (with the exception of the sampling requirement only) apply to all AOSS. Compliance is simple, but expensive. I use my system as recommended by the manufacturer and EPA, keep a notebook of receipts and the O&M Manual and write checks.

Custom Designed Alternative Septic and Department of Health Oversight

Mark D. Obenshain, Virginia State Senator for the 26th District has introduced a bill Senate Bill #1277 in the current session of the Virginia General Assembly: “Professional engineering of onsite treatment works; Department of Health oversight.”

This bill contains several provisions restricting the Department of Health's oversight of the requirements for and the review of onsite sewage systems custom designed by professional engineers. The Virginia Onsite Wastewater Recycling Association, VOWRA, is opposed to the passage of this bill. Some VOWRA members feel it is an attempt to circumvent the regulations on horizontal setbacks and performance requirements for alternative onsite sewage systems, AOSSs. These physical separations are the last defense of my well and my property from a poorly designed and maintained alternative onsite sewage system on a neighbor’s property. By reducing the authority of the Department of Health to maintain these separations this bill threatens drinking wells with contamination from other properties and is entirely counter to the provisions of the Virginia Watershed Implementation Plan and good stewardship.

Septic is a non-consumptive use of water, the water is returned to the earth. It is important that the septic system or AOSS is designed and operated in a way that protects the environment. Whatever goes down the toilet or the drain goes into the earth. Research performed over a decade ago in Dutchess County, NY and North Carolina demonstrated that minimum lot size, vertical and horizontal separations were the controlling factors to maintaining water quality. Adequate dilution, soil filtration and time are necessary to ensure sustainable water quality. Maintaining the horizontal and vertical separation of all septic and AOSS systems is the last protection of the drinking water supply from septic contamination and allows for weather and use irregularities in operation of septic systems and AOSSs.

In recent sessions the General Assembly has passed several bills amending septic requirements. HB 2551/SB 1486 provided that: AOSS designs submitted by professional engineers to the Virginia Department of Health are required to ensure that the treatment works will meet or exceed the standard discharge, effluent, and surface and ground water quality standards for standard commercial systems tested and demonstrated by the industry and permitted in Virginia under Health Department regulations.

My libertarian streak would love to believe that homeowners would care for their septic systems appropriately to avoid the system backing up in the future, contamination of the groundwater (which may be the source of the local drinking water), and future septic system repair bills of tens of thousands of dollars to remediate and replace a system. Unfortunately, many homeowners are unaware of how septic systems works and what is necessary to maintain them. In addition, people do not seem to be able take appropriate responsibility for their systems without some sort of enforcement or the regulations and the current regulations have no penalties or consequences and so far the public seems unaware of them. Thus, the last defense of neighboring properties and drinking water supplies are the horizontal and vertical setbacks.

Potomac Watershed Roundtable Meeting: The Virginia Watershed Implementation Plan, and septic regulation in Virginia

The most recent meeting of the Potomac Watershed Roundtable was in Warrenton, VA at Lord Fairfax Community College on January 7th 2011. The session addressed the Chesapeake Bay strict pollution diet, the Total Maximum Daily Load (TMDL) mandated by the EPA and the Virginia Chesapeake Bay Watershed Implementation Plan (WIP) to achieve the mandated reduction in nitrogen, phosphorus and sediment pollution.

The revised WIP also reduces the rate of growth in on-site sewage disposal systems, or septic. The stated intension is to raise the costs to operate a septic system through regulation which would make clustered systems or community systems more competitive and raise the overall cost of building and maintaining homes. The cost of constructing housing would increase in the area in response to these requirements. Though according to the Department of Environmental Quality, DEQ, it is not intended to limit regional growth, the requirements cannot help but impact housing costs and availability.

In addition the revised WIP proposes to require the offset new system loads through an expansion of the Nutrient Credit Exchange Program. The Commonwealth intends to implement amendments to Virginia Department of Health regulations for alternative systems which are currently a bit in limbo because of the temporary emergency regulations that the department of health has done little to enforce in much of the Commonwealth and are set to expire on April 7th 2011, but can be extended for 6 months.

The proposed amendments to the current Emergency Regulations that require all single family alternative onsite sewage systems, AOSS, continue to have professional operators certified by DPOR to operate and maintain the AOSS in accordance with the operating permit, and visited by the operator as specified in the operation permit (typically once or twice a year for preapproved commercial systems) and finally an annual maintenance report submitted to the regulators by the operator. In addition, sampling at startup to confirm proper functioning of the system and every five years for those systems put into operation after the date of the enabling legislation and not grandfathered, like mine.

In addition to those requirements the new legislation requires a minimum 50% reduction in delivered nitrogen for all new small alternative onsite systems in the Chesapeake Bay watershed resulting in an effective delivered load to the edge of the project boundary of 4.5 lbs TN/person/year. Single family home AOSSs are about to get very expensive in the Cheseapeake Bay Watershed if the regulations are enforced.

As Bob Marshall pointed out a few days ago, the civil penalty regulation establishing a uniform schedule penalties for violations of onsite sewage and alternative discharging sewage treatment system regulations. was withdrawn. There will be little or no enforcement. Those who ignore the law will not suffer any consequences. There seems to be very little follow through on the part of the VDH to even inform the public of the regulations.

The Potomac Watershed Roundtable of nine counties, six towns and cities, the six soil and water conservation districts and various stakeholders including interested citizens was at a loss of how to incorporate these requirements into their programs. If these regulations are necessary and appropriate, then they should not be voluntary. The public should be informed and simple and reasonable penalties established. The public comment period on these changes closes on February 4th 2011. There will be a public hearing on January 25th 2011 at 10 AM at the James Madison Building at 109 Governor Street in Richmond, VA.

New Septic Regulations for Alternative Septic Systems in Virginia

The Emergency Alternative Onsite Sewage System (AOSS) Regulations published on November 16, 2009 by the Virginia Department of Health were approved by Governor McDonnell on April 6, 2010, and are now in effect.

The emergency regulations implement the 2007 legislation and require professional operators certified by DPOR to operate and maintain all alternative on site septic systems, AOSS, including those of single family homes in the Commonwealth of Virginia. While I object to routine sampling requirements for functioning single family AOSSs, and I feel there should be provisions within DPOR regulations for homeowners to become qualified to operate and maintain their own systems; overall I believe that these regulations are good and will ensure the proper functioning and operation of existing and future AOSSs in Virginia, The Emergency Alternative Onsite Sewage System Regulations despite their flaws will serve to protect the waters of the state and public health, and will set a higher standard of performance for these on site systems.

Single family homeowners with alternative systems need to comply with these new regulations. Every owner of an AOSS must hire a licensed operator to operate and maintain their system as evidenced by a contract. This portion of the regulations should ensure that these systems are properly operating and protecting the waters of the state. The other requirements of the regulations will all be handled by the licensed operator so the most important step is to hire a licensed, and qualified operator. Since there are no provisions in the regulation for a homeowner to become qualified to maintain their own system even homeowners who work for the Department of Health, are Professional Engineers or in other ways might be capable of and interested in operating or maintaining their own system, there is little a homeowner can do to reduce the costs associated with this regulation. Perhaps when the final regulations are developed they will be less burdensome for the single family homeowner and allow for a homeowner to become licensed to operate their own systems.

Effective July 1, 2009, Virginia law required that soil evaluators, installers, and operators of on site sewage systems must be licensed by the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals at the Department of Professional and Occupational Regulation (DPOR). The new regulations require the same operation, maintenance, sampling, record keeping behavior in single family home owners as required of clustered systems of up to 39,999 gallons per day. These regulations require that for single family homes, in addition to being operated and maintained by a licensed operator, have samples and taken by a licensed operator every five years (or at the operator’s discretion after an incident) and analyzed at the homeowner’s expense and maintain an operating manual and records on site.

Here are the basics of the new regulations:
Owner responsibilities. The owner of an AOSS must:

Maintain a relationship with a licensed operator as evidenced by a contract.

Have the AOSS operated by a licensed operator;

Have a licensed operator visit the AOSS at the frequency outlined below;

Minimum Operator visit frequency for AOSS up to 1,000 gallons per day of average daily flow:
Initial Visit must take place within 180 calendar days of the issuance of the operation permit Regular Visit after Initial Visit -Every 12 Months


Have the licensed operator collect all samples required by the regulation and have the analysis performed by an accredited laboratory;

SAMPLING REQUIREMENTS FOR AOSS under 1,000 gallons per day :
1. The Flow must be Estimated (The basis for this estimation is unknown since the licensed operator is only on site one day a year unless there is an incident)
2. BOD and TSS- a Grab sample must be taken every 5 years
3. TRC, Contact Tank (if there is one)- a Grab sample must be taken every 5 years
4. Fecal Coliform- a Grab sample must be taken every 5 years

Keep a copy of the log provided by the operator on the property where the AOSS is located, make the log available to the Department of Health upon request, and make a reasonable effort to transfer the log to any future owner;

Keep a copy of the Operation and Maintenance Manual (O&M Manual) on the property where the AOSS is located, make the manual available to the Department of Health upon request, and make a reasonable effort to transfer the O&M Manual to any future owner. For existing systems they will have to have their licensed operator create an O&M Manual.

Commonwealth of Virginia HB 332 Alternative Onsite Sewage Systems-Improving the Emergency AOSS Regulations

On October 28, 2009 the Virginia Department of Health published their long awaited and needed Emergency Alternative Onsite Septic System, AOSS, regulations after public comment. The purpose of these regulations is to ensure that these more effective treatment systems are designed and installed appropriately and maintained in a manner to allow them to function properly to be protective of the environment and public health.

For single family homes the new Emergency AOSS regulations require that these tested and approved systems are installed with conservative horizontal set backs, are operated and maintained by a licensed operator, grab samples taken by a licensed operator every five years (and analyzed by an EPA certified laboratory), and an operating manual and records need to be maintained on site.

HB 332 maintains the essential point of the regulations that these effective AOSS are maintained in a manner that makes them function properly for the protection of the environment and public health. However, this bill prevents the Department of Health from requiring routine sampling and analysis of single family AOSS with flows of less than 1,000 gallons a day. The sampling required under the Emergency Regulations was without technical merit or standard protocol. The sampling was statistically invalid, and potentially counter productive to the safety of the system. Developing an effective sampling protocol is impossible because the end of treatment for many AOSS systems is below ground surface and above groundwater. A monitoring well would remain dry and incapable of being sampled. Even if there were a way to sample the effluent at the end of treatment, testing of a septic system operation at a single point in time every five years can be impacted by volume, load, temperature and humidity and is not representative of overall performance. Results from a single test taken every five years can be expected normally to vary from acceptable overall average results and so are statistically misleading and not representative of sound sampling methods.

HB 332 also creates a provision in the law allowing for a homeowner to become trained to operate their own system. This would minimize the burden on many homeowners who are currently fully capable of operating and maintaining their systems or who can be trained to do so and is more in keeping with Virginia’s history and traditions of individual responsibility and self-reliance. Self regulation is a proven and effective model that can work here. Also, HB 332 would allow all Professional Engineers, registered environmental health specialists/sanitarians, authorized onsite soil evaluator or wastewater works operators licensed in the Commonwealth of Virginia to operate and maintain their own single family AOSS without further training.

Finally, HB 332 requires all field technicians working for a licensed operator to be trained to an adequate level to properly maintain the AOSS. This is to prevent licensed operators from hiring untrained and unqualified workers to respond to mandated demand and creates a minimum level of knowledge necessary for anyone working on an AOSS to ensure that these systems are maintained according to manufacturers’ guidelines.

Commonwealth of Virginia HB 332 Alternative Onsite Sewage Systems; Routine Testing-Looking for Support

A new bill HB 332 Alternative onsite sewage systems; routine testing is being carried by Delegate Bob Marshall and is looking for support please contact your Virginia State General Assembly Delegate and Senator and urge them to support and or co-patron it. The bill is currently in House Health, Welfare and Institutions Committee. Let’s work together to get this change done to improve the Alternative Onsite Sewer System regulations. The summary of the bill is below, but the full text can be accessed at the Virginia General Assembly site.
Alternative onsite sewage systems; routine testing; who may test. Prohibits the Department of Health from requiring that owners of alternative onsite sewer systems with flows of less than or equal to 1,000 gallons per day and serving a single-family dwelling provide analyzed samples of effluent on a routine and recurring basis. The Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals must develop licensure for (i) employees or agents of licensed operators and (ii) owner-operators of an individual single-family dwelling that have demonstrated the competence and knowledge to operate, monitor, and maintain their own alternative onsite sewage system. Any professional engineer with a current license in the Commonwealth may elect to be deemed an owner-operator without the demonstration of further competence.
On October 28, 2009 the Virginia Department of Health published their Emergency Alternative Onsite Septic System, AOSS, regulations after public comment. The purpose of the regulations is to ensure that these more effective treatment systems are designed and installed appropriately and maintained in a manner to allow them to function properly to be protective of the environment and public health. The US EPA states in the “Volunteer National Guidelines for Management of Onsite and Clustered Treatment Systems” that improper design, construction, installation, operation and/or maintenance are the source of onsite waste treatment failures. The EPA estimates that 29-30% of Virginia households have septic systems and that 8% of theses systems are AOSS.
For single family homes the new Emergency AOSS regulations require that these systems are installed with conservative horizontal set backs, are operated and maintained by a licensed operator, grab samples taken by a licensed operator every five years (and analyzed by an EPA certified laboratory), and an operating manual and records need to be maintained on site. The HB 332 maintains the essential point of the regulations that these effective AOSS are maintained in a manner that makes them function properly for the protection of the environment and public health. However, the bill prevents the Department of Health from requiring routine sampling and analysis of single family AOSS with flows of less than 1,000 gallons a day. The sampling required under the Emergency Regulations was without technical merit or standard protocol. Developing an effective sampling protocol is impossible because the end of treatment for many AOSS systems is below ground surface and above groundwater. A monitoring well would remain dry and incapable of being sampled. Even if there were a way to sample the effluent at the end of treatment, testing of a septic system operation at a single point in time can be impacted by volume, load, temperature and humidity and is not representative of overall performance. Results from a single test can be expected normally to vary from acceptable overall average results and so are statistically misleading and not representative of sound sampling methods.

The bill also creates a provision in the law allowing for a homeowner to become trained to operate their own system. This would minimize the burden on many homeowners who are currently fully capable of operating and maintaining their systems or who can be trained to do so and is more in keeping with Virginia’s history and traditions of individual responsibility and self-reliance. Self regulation is a proven and effective model that can work here. Also, HB 332 would allow all Professional Engineers licensed in the Commonwealth of Virginia to operate and maintain their own single family AOSS without further training. Finally, the bill requires all field technicians working for as licensed operator to be trained to an adequate level to properly maintain the AOSS. This is to prevent licensed operators from hiring untrained and unqualified workers to respond to mandated demand and creates a level of knowledge necessary for anyone working on an AOSS.

Misplaced Priorities at the Virginia Department of Health

The final version of the Emergency Regulations for Alternative Onsite Sewage Systems (AOSS) is posted at the Department of Health web site and can be downloaded for your perusal.

Still contained in the final version is the requirement that single family alternative onsite sewage systems be sampled every five years. This gives the appearance of the emergency regulations that serve to ensure enrichment of the septic service companies and department of health data gathering project. The regulations require two year contacts and basically tie the homeowner to an extremely limited pool of service providers. My own service provider just informed me that his contact rates have gone up almost 25% to meet the requirements of the new regulations and does not include sampling. The requirement for testing is a waste of the homeowner’s money and the inflexibility of the regulations will not serve to better protect public health and the environment. To work regulations must be effective, clear and not overly burdensome.

The proposed requirement for sampling and analysis by single family homeowners at a single point in time is misleading and it has no scientific value beyond data gathering. Results from a single test would normally vary in a range around the design parameters and so are statistically misleading and not representative of sound sampling methods. The Department of Health is using this requirement to data gather on the homeowner’s nickel. There are no standards for the sample results.

Perhaps I am wrong and the Department of Health intends to use the design parameters of the system as sampling standards. Let’s walk through this. If the system “failed” to meet the design parameters the next steps would be to make adjustments to the use or operation of the system. Then, to verify that these changes had the desired result, the system would be retested, again at the home owners expense to verify effluent within the design parameters. How many rounds of testing would be required to determine that the “average” parameter was met? Or would the Department of Health simply ignore the results and allow the systems to continue to operate until the next five year sample date? In real life there will be variability in performance. At what cut off does the VDH take enforcement action, or require further investigation? Without these answers a sampling program can be no more than data gathering.

All of the approved AOSS systems were demonstrated to perform satisfactorily to meet the requirements of the Commonwealth. Operation and maintenance of these AOSS systems by professional operators (or trained homeowners) ensures that a single family home (low volume) unit is functioning properly. These are not very complicated systems, they contain tanks, pumps and filters and natural process of bacteria breaking down the waste. As an experienced chemical engineer I know that a single sample once every five years would be misleading. Testing of a septic system operation at a single point in time can be impacted by volume, load, temperature and humidity and is not representative of overall performance. These systems do not have controlled sample ports and the field workers servicing single family homes have no sampling training and under the regulations are not required to have any form of license. Temperature and pressure will not be recorded, temperature will not be controlled during hold and delivery, and sampling will be unprofessional. There are no standards for appropriate sampling of a septic system. Nonetheless, I will be charged hundreds of dollars. In addition, the results of the single sampling event can be easily manipulated by adding a large quantity of clean water from the garden hose to the location being sampled. In my case, simply adding water to the third tank will ensure that the data obtained is entirely worthless. Such a single sample test would never have been adequate by itself to get an AOSS approved for use.

What is even more annoying than paying for the data gathering efforts of the Department of Health is their failure to put their first priority on the primary duty of protecting public health and the environment. If they wanted to do something useful they could test private drinking water wells annually. This data would ensure the public health and could identify failing or failed AOSS and traditional septic systems that had impacted groundwater. However, the massive costs of this would be visible and the pain of the cost felt by the public. At least, the groundwater of the Commonwealth could be carefully tracked. The Virginia Department of Health does not require homeowners to test their drinking water wells annually or even every five years. There is no logic behind the requirement that I should be spending hundreds of dollars to have some septic operation company sample and then send for analysis a sample from my third septic tank, but does not require me to ever pull a sample from the faucet of my house. Evidently, the Department of Health regulatory process was very influenced by the input from the industry.

Ideas for Modifying the Emergency Regulations for Alternative Onsite Sewage Systems

After much thought I have come up with some ideas on how to amend the Emergency Regulations for Alternative Onsite Sewage Systems in Virginia to better achieve the goals of the regulation and serve the people of Virginia. Alternative Onsite Sewage Systems are likely to be used more extensively in the future and may replace many of the conventional septic systems that fail. Though, conventional septic systems were designed to operate indefinitely if properly maintained, the truth is they have no alarms or ways to monitor them and the EPA states that most are not well maintained. The EPA estimates that the life of a conventional septic system is t 20 years or less. AOSS systems that are properly maintained will better serve the 30% of all homes that use on-site sewage systems and protect Virginia and Virginians.

To protect public health and the environment are essential and the goal of these regulations. In order to achieve this goal, regulation must be effective, clear and not overly burdensome. Self regulation is a proven effective model that can work to ensure that single family and low volume AOSS units are operated and maintained to protect public health and the environment. We allow people to operate their own automobiles on highways with school buses, ambulances, fire trucks, taxicabs, professional drivers and other citizens. We allow licensed pilots to fly planes. These citizens operate and maintain their machinery with annual inspections. The same self regulatory system can work for AOSSs.

First of all I believe that any PE, engineer licensed in the state of Virginia can operate and maintain their own AOSS.

Anyone who maintains an AOSS must personally hold either a PE, be certified under Chapter 23 of title 54.1 as being qualified to operate, monitor, and maintain AOSSs, or hold a (new) Class 2 License even if working under the direct supervision of an individual who is licensed or certified under Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 as being qualified to operate, monitor, and maintain an alternative onsite sewage system. I believe that the field employees should have at least a basic knowledge of AOSS systems, their operations, working parts and maintenance requirements before they are sent out to my house to work on my system.

“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 on a periodic basis. Maintenance shall not include replacement of tanks, drain field piping, distribution boxes, or work requiring a construction permit and installer.

The DPOR must develop a test to qualify anyone seeking capability to maintain an AOSS system. All field employees of any entity that is licensed or certified under Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 as being qualified to operate, monitor, and maintain an alternative onsite sewage system, must have at least a Class 2 License. The new Class 2 License can not have a professional work experience requirement, but must demonstrate knowledge of AOSSs.

An owner of an AOSS of less than 1,000 gallons a day may operate and maintain their own system if they have obtained a Class 2 License demonstrating knowledge of the systems.

All AOSSs less than 1,000 gallons a day must be inspected annually. Inspections can only be performed by the department of Health or an individual who is personally licensed or certified under Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 as being qualified to operate, monitor, and maintain an alternative onsite sewage system.

All AOSS under 1,000 gallons a day must be operated by either an individual who is licensed or certified under Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 as being qualified to operate, monitor, and maintain an alternative onsite sewage system or the owner of the system and is either a PE in Virginia or holds a Class 2 License.

All AOSS less than 1,000 gallons a day must be maintained according to the requirements of the operating manual and maintain a log.

No AOSS less than 1,000 gallon a day will be required to sample the system. All of the approved AOSS systems were demonstrated to perform satisfactorily to meet the requirements of the Commonwealth. Operation and maintenance of these AOSS systems by professional operators, PEs, or trained homeowners ensures that a low volume unit is functioning properly. A sampling and testing requirement is burdensome, without public health or environmental benefits.

Virginia’s Emergency Alternative Onsite Septic System Regulations Comments 2

On September 28, 2009 the Virginia Department of Health published their proposed Alternative Onsite Septic System, AOSS, regulations for public comment. There was a 30 day comment period that closed on October 28th 2009. On Friday, November 6, 2009 the Department of Health posted the comments. The comments and emergency regulations were posted on the VDH website for your review (they have since been taken down). There are 187 pages of comments from designers, regulators, manufacturers, environmental groups, consultants, and homeowners. Some of the comments are so technical in nature that I fear the resolution would require a multi year experimental program. Many comments are interesting.

Amelia McCulley of Albemarle County states that enforcement of noncompliance will be critical. The Emergency Regulations read:
“The Board, commissioner, and Department may use any lawful means to enforce this chapter, including voiding a construction or operation permit, imposition of civil penalties, or criminal prosecution.”

To ensure the successful implementation of the Emergency Regulations, the regulations need to be clear in the operating requirements for homeowners and the failure to comply with the operating requirements requires clearly spelled out appropriate fines and penalties the department of health is willing and able to invoke. Criminal prosecution of a homeowner for lack of an Operation and Maintenance contract is unlikely to be pursued. Therefore, As Amelia points out the necessary staffing, tools and procedures will need to be in place to assure that enforcement can occur as needed.

Ted McCormack of the Virginia Association of Counties strongly endorses the provisions of 12VAC5-613-110 that require all AOSS owners to maintain an ongoing relationship with an state-licensed AOSS operator, and further, to have the AOSS visited on a regular basis… In addition, current and prospective staffing reductions at local health departments mean that regular operator visits of AOSS by licensed professionals may be the only way the commonwealth will ever know that the systems are functioning properly. “ He concludes that the protections, the performance and laboratory sampling and monitoring provisions must not be weakened under any circumstances, and in some instances, should be increased. His argument is that the costs of maintaining, monitoring and regulating the AOSSs should be born by the property owner.

Scott York of Loudoun County supports annual maintenance and inspection requirements. “Unlike traditional septic tanks, AOSS are complex machines with components that must be properly maintained in order to continue functioning according to system design. Annual operator inspection reports filed with the health department will not only ensure that each AOSS is properly functioning, but it will also lead to improved maintenance as problems are identified during the required site visit and pointed out to the homeowner. Annual inspections and better routine maintenance will decrease the incidents of catastrophic system failures, which can cost many thousands of dollars to fix.” Because the costs of repairing a complete system failure are so high, Loudoun County goes on to suggest the Health Department to develop a requirement for the owner, designer, installer, manufacturer or operator to post a performance bond or other form of financial surety in order to cover the costs of major system failures in the event that routine maintenance and inspections are not enough to prevent such failure.

For the single family homeowner the requirements of the Emergency Regulations are about, ensuring and that these systems perform to protect public health and the waters of the Commonwealth of Virginia. For single family homes the typical homeowner cannot afford a gold plated regulatory system with every potential system and regulatory failure, monitored for, tested for, and insured against on the homeowner’s nickel. As was pointed out by the PEC, even waste water treatment plants, may not provide adequate protection of the waters of the state from man. We as a state could not afford the infrastructure necessary to be monitor and verify performance and operation, and the homeowner can not afford it all. The Department of Health needs to determine the reasonable compromises that will protect public health and the environment in a less than perfect world. Controlling the density of septic systems and the required inspections and maintenance will go a long way in ensuring the protection of public health and the waters of the state. It is a start.

Virginia’s Emergency Alternative Onsite Septic System Regulations Comments 1

On September 28, 2009 the Virginia Department of Health published their proposed Alternative Onsite Septic System, AOSS, regulations for public comment. There was a 30 day comment period that closed on October 28th 2009. On Friday, November 6, 2009 the Department of Health posted the comments. I was a little surprised to see both my comments and what I thought was a personal e-mail to Alan Knapp posted as comments. Nonetheless, I learned a lot reading through the comments and was really pleased with all the sheer number of people who participated in the regulatory process. The comments and emergency regulations are posted on the VDH website for your review. There are 187 pages of comments from designers, regulators, manufacturers, environmental groups, consultants, and homeowners. Some of the comments are so technical in nature that I fear the resolution would require a multi year experimental program. Many comments are interesting.

Thomas Crow of the Fairfax Co. Health Department points out that “In the initial stages finding an operator for home owners will be difficult and expensive. There are very few operators for a home owner to choose from in today’s market. We suggest providing an effective date for this paragraph to allow time for the infrastructure to be built to meet the demand.” He goes on to suggest that Emergency Regulations require that “…operating permits must be renewed every five years by the Health Department. We believe that requirement is necessary because local Health Departments lack the staff necessary to adequately provide oversight to the program as described in the regulations. Requiring a renewable permit will make it ensure that the Health Department is able to evaluate each AOSS at least every five years.” So, every year the Health Department will have to issue or renew operating permits complete with sampling for 20% of all AOSS in the state and every new system built. I do not think that will alleviate the staffing issue. Furthermore, if the operating permit lapses is the occupancy permit voided or must the homeowner begin pump and haul until such time that the department of health renews the permit. I think the idea of outside licensed operators and computer systems was intended to automate compliance someday, not create a system where the VDH needs to manually review and issue a new permit for an ever growing number of systems each year.

Scott Fincham also of the VDH points out that according to his reading of the regulations “Low Pressure Distribution System’s will be considered Alternative (AOSS) and thus require maintenance and monitoring.”

W. Todd Benson of the Piedmont Environmental Council points to the USGS research on the Potomac River that identified intersexed fish. Researchers identified the presence of endocrine disruptors. “Evidence is mounting that trace levels of prescription drugs in rivers and streams may be harming fish, tadpoles, frogs, mussels and oysters. Obviously, the same constituents in the solid and liquid waste stream of conventional waste water treatment works should be expected in AOSS effluent. One might assume that the risk posed by and individual AOSS is the same or better than individual, traditional septic system and, therefore, the permitting of individual AOSSs should be allowed. But the assumption of no greater harm dissipates as the systems grow in size.” Emerging chemicals of concern will be an issue to septic systems, AOSS, clustered systems and sewage treatment plants in the future. It is unknown which of these systems will prove most protective of human health and the environment. Soil filtration may prove to be more effective that point source release. There is still much research to be done in this emerging area of investigation. Todd is correct when he states “These regulations are prepared without any analysis of or attention to the problem of endocrine disruptors or other chemicals of concern.” The PEC recommends that all AOSSs other than individual AOSSs should be banned.

Several different investigations within the Fish and Wildlife Service and US Geological Survey studied the relationship between wastewater treatment plants, other chemicals, and the impacted fish. The study Todd refers to found the problem of endocrine disruption in fish to be widespread in the limited study area of a portion of the Chesapeake Water Shed, but increased in proximity to and downstream of the wastewater treatment plants. Chemical sampling that took place along with the fish sampling found higher concentrations of wastewater chemicals near the wastewater plants. Pesticides currently used in agriculture were detected at all locations. Hormones were not detected in the samples, but analysis using yeast screening assays found estrogenic endocrine-disrupting chemicals at all locations their specific source is not yet known. Though they cannot identify a single chemical or group of chemicals responsible, the US FW and US GS have embarked on further studies.

Anish Jantrania, Ph.D., P.E, a former VDH employee, is a supporter of the clustered systems and today makes his living designing and operating those systems. I should give him the opportunity to counter the PECs recommendation against clustered systems, but as always Anish’s comments are way beyond my knowledge base, but he does state “It is important that Lab Sampling be required for ALL types of AOSS, large and small, at frequency that does not create undue financial burden on either type of AOSS… It’s all about Performance WITH Verification.” I like the philosophy which would allow the regulations to evolve with the knowledge base. However, I am still thinking about that, after all, for at least the single family homeowner the requirements of the Emergency Regulations are intended to ensure that these systems perform to protect public health and the waters of the Commonwealth of Virginia. For single family homes the typical homeowner cannot afford a gold plated regulatory system with every potential system and regulatory failure, monitored for, tested for, permitted and re-permitted on the homeowner’s nickel. As Todd elegantly points out, highly regulated point source generators, waste water treatment plants, may not provide adequate protection of the waters of the state from man. We as a state could not afford the infrastructure necessary to monitor and verify performance and operation, and the homeowner can only afford essential protections to protect public health and the environment, not those that make a regulator's life easier. The Department of Health needs to determine the reasonable compromises that will protect public health and the environment in a less than perfect world.

How will the Single Family Homeowner Comply with the new Virginia Emergency Alternative Septic Regulations

The Emergency Alternative Onsite Sewage System (AOSS) Regulations were published September 28, 2009 by the Virginia Department of Health and the comment period is open until October 28, 2009.

The single family homeowner who has an AOSS will not have and easy time complying with the requirements of the regulations. The Virginia code and the Emergency regulations require the owner of an AOSS, have that system operated by a licensed operator, as defined in § 32.1-163, and visited by the operator as specified in the operation permit. Very few homeowners have seen the operating permit for their septic system and most are unaware of its requirements. In addition, it is possible to have an AOSS and not know it.

Effective July 1, 2009, oversight of soil scientists and septic construction and repair companies was transferred from the Department of Health to the Department of Professional and Occupational Regulation (DPOR). Virginia law now requires that soil evaluators, installers, and operators of onsite sewage systems to be licensed by the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals at the DPOR. Any individual who was previously certified by the Department of Health for construction and/or repair of septic systems can get an interim license.

Prior to July 1, 2009, Virginia law did not require a license to practice as an onsite sewage system installer or operator. To make the transition smoother, any individual that was practicing as installers or operators could obtain an interim license from DPOR. As I understand it, anyone operating in any aspect of septic can obtain a license to perform any of the tasks, qualified or not. It appears as if the license is merely evidence of currently involvement in the septic business, not ability to operate an AOSS. Because the program is new, DPOR does not have any complaint history or even a list of licensed contractors available in your area.

Previously, county Department of Health qualified individuals to perform these tasks and to a limited extent could remove their permit if their work was unsatisfactory. Single family homeowners have any easily accessible tools at their disposal to determine who should be the operator of their AOSS, merely having a license is not evidence of competence. Supposedly, Virginia is requiring licensed operators to operate and maintain all AOSSs to protect public health and the environment, because homeowners cannot operate these systems themselves.
This is very much an example of let the homeowner beware. Verifying a license is not a substitute for checking references with both other homeowners and the Department of Health and local engineers. Many county offices of the Department of Health used to maintain a list of qualified contractors to install AOSSs. Some of these lists are still on line or can be obtained from the county office. That is the basic list to start with or start with the contractor who installed your system. That information is available from the Department of Health. Next call each contractor and ask if they operate and maintain your type of system. If you do not know what type of system you have, go outside and write down the name from the power boxes and lids you can piece the information together from the component names.

Find two or three contractors who state that they are familiar with and licensed to operate and maintain your system. Get copies of their maintenance contracts and read them. Are the required visits included? How many emergency calls are included under the contract? What about minor adjustments and repairs, pumping the tanks every few years, etc. Understand what is included. Ask for references and call them and find out if customers are happy with the contractor. Ask about the training and experience of the person who will actually make the site visit. Next, call the local Department of Health office to determine how many and what type of complaints are listed against the contractor in the files still available. Additional information you might ask about is the contractor familiar with regulations, are they proactive and easy for the Department of Health to work with. Talk to them, they are your best source of information. Finally, it is important to verify that the contractor is familiar with your specific system, knows how to determine that the system is actually operating properly and knows how to repair the system if there are problems. Call the manufacturer of the system and ask about certification and training that an operator should have. Then make sure that your operator is properly trained.

As you are faced with the work to find a qualified operator, the possibility of a Department of Health managed option looks attractive. The local county Departments could engage a qualified and licensed individual or firm to operate and maintain various types of AOSSs. Any single family homeowner could choose to have the contract managed by the Department of Health and pay the monthly fee of $25-$40 to the Department of Health to operate their system. For those home owners who felt unsure at how to select a “good” contractor, the Department could manage the process. The benefits of this approach would be that the Department of Health could serve as quality control for the process. The Department by being the customer could ensure that public health and the environment were protected, but would not be on site to observe systems alarms and ensure they were responded to in a timely fashion or even responded to at all. The downside is that the Department of Health has only dealt with contractors in a limited environment during the approval process for installation and really has no experience with contractors as operators. Nor does the Department have any demonstrated expertise in contract negation and management. Finally, the contractor would first serve the department of health not the customer, and this approach would hinder the development of a healthy marketplace and could be influenced by criteria not in the homeowners best interests. So I am afraid that the best course is to get to work in finding a qualified operator for your system.

A final note. I have negotiated a 25% discount on the annual contract for a group within my HOA. You might band together with your neighbors if there are a number of AOSSs in your neighborhood. Also, you could divide up the work of checking references, reviewing contracts, and verifying training and license.