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.

Septic Systems after the Storm; Backing Up and other Problems

Septic systems should not be used immediately after floods. Drain fields will not work until underground water has receded. Septic lines may have broken during the flood (especially after the good shaking in this week’s earthquake). Whenever the water table is high or your septic drain field has been flooded, there is a risk that sewage will back up into your home. The only way to prevent this backup is to relieve pressure on the system by using it less. Basically, there is nothing you can do but wait, do not use the system if the soil is saturated and flooded. The wastewater will not be treated and will become a source of pollution, if it does not back up into your house, it will bubble up into your yard. Conserve water as much as possible while the system restores itself and the water table fails.

Do not return to your home until flood waters have receded. If there was significant flooding in your yard, water will have flooded into your septic tank through the top. The tops of septic tanks are not water tight. Flood waters entering the septic tank will have lifted the floating crust of fats and grease in the septic tank. Some of this scum may have floated and/or partially plugged the outlet tee. If the septic system backs up into the house check the tank first for outlet blockage. Remember, that septic tanks can be dangerous, methane from the bacterial digestion of waste and lack of oxygen can overwhelm you. Hire someone with the right tools to clear your outlet tee.

Do not pump the septic tank while the soil is still saturated. Furthermore, pumping out a tank that is in saturated soil may cause it to “pop out” of the ground. (Likewise, recently installed systems may “pop out” of the ground more readily than older systems because the soil has not had enough time to settle and compact.) Call a septic service company (not just a tank pumping company) and schedule an appointment in a few days. Do not use the septic system for a few days (I know) have the service company clear any outlet blockage, or blockage to the drain field, check pumps and valves and partially pump down the tank if your soils are not dry enough or fully pump the tank if the soil has drained enough. The available volume in the tank will give you several days of plumbing use if you conserve water to allow your drain field to recover. Go easy the septic system operates on the principals of settling, bacterial digestion, and soil filtration all gentle and slow natural processes that have been battered by the storm.

Maintaining Your Septic System to Keep Your Water Well Clean

Many homeowners rely on both a private well for water supply and a septic system for wastewater treatment. To ensure a clean and healthy water supply both systems need to function properly. The most likely source of contamination to a drinking water well is a nearby septic system failure, and typically, the nearest septic system is your own. If your home has a septic system of any type you are responsible for maintaining it. There are many different types of septic system designs. The most common type used for single family homes is a traditional septic system that consists of a single chamber septic tank and drain/leach field. The tank receives the toilet and drain waste water from the house and allows the solids to settle down to the bottom of the tank where the anaerobic bacteria that live in the tank digest the organic materials while the effluent (water around all that stuff) flows out to the leach field to be purified by passing through soil until it reaches the groundwater. Scum consisting of oil and grease floats on top of the water layer and can be pulled into the leach field limiting its effectiveness. The septic tank effluent water is either pumped or allowed to flow to a leach field where it percolates into the soil, which provides final treatment by removing harmful bacteria, viruses, and nutrients.

Suitable soil is necessary for successful wastewater treatment. The “percolation rate” is the rate at which water moves through soil. The acceptable rates are between one minute and one hour per inch of soil. Take either more or less time for the water to pass through your soil and the natural soil is unsuitable for treatment of the waste water. If the water moves too slowly through the soil the leach field will flood with contaminated, foul smelling water or the water will back up into the house. If the water moves too quickly thought the soil the water will not be adequately treated and contaminate nearby ground or surface water. Other types of septic systems are grouped together and called alternative on-site sewage systems, AOSS. One example of an AOSS is an aerobic system consists of a multi chamber tank or several tanks. After separation of solids in the first tank waste is forced through a filter into a second chamber or tank where air is pumped in to enhance aerobic bacteria which decomposes the organic material. The waste then flows into a third chamber or settling chamber which collects the bacteria and passes the liquid on to the leach field or drip field. Aerobic systems can remove more than 90% of the organic material and suspended solids within the tanks themselves, but require much more maintenance. Other type of AOSS include traditional septic tanks followed by treatment with tanks filled with peat, or sand mounds, or other soil absorption system that provide the secondary treatment.

In Virginia all AOSS are required to have a licensed operator maintain the system and be inspected at least annually. For more information on AOSS regulations and requirements see the Guidance Document from the Virginia Department of Health. Indoor water use in the typical single-family home is between 50-70 gallons per person per day. Septic systems are sized by bedrooms, which is an estimate of the number of people living in a home. However, even if the number of people living within your home is appropriate for the size of the septic system, you can still overload the system. Use too much water in a short period of time and the system will be overwhelmed. Each time the system is overwhelmed untreated sewage will leave the tank and begin to clog the leach field. If the amount of wastewater entering the system is chronically more than the system can handle, the wastewater containing raw sewage eventually backs up into the house or yard and creates a health hazard. By the time you can smell or see a problem, however, the damage to the leach field might already be done. Replacement of a leach field can run to the tens of thousands of dollars. So caring for your septic system not only cares for the earth but also cares for your wallet.

By limiting your water use and spreading out peak demands on the system you can reduce the amount of wastewater your system must treat. When you have your system inspected and pumped as needed, you reduce the chance of system failure. The US EPA’s Homeowner’s Guide to Septic Systems is a terrific basic guide to caring for and maintaining your septic system. Follow the Dos and Don’ts and your septic system may last for decades. Remember though, what goes into your septic system goes into the earth. Rethink the products you use to clean your house. Paint, solvents, gasoline, insecticides and poisons should never go down your drain. Every chemical you pour down your drain is buried in your yard. In a multitude of ways your yard is part of the earth’s yard. The functional lifetime of a traditional septic system is limited. The system is designed so that with proper maintenance it will last 20 to 30 years, under the best conditions. Many other factors can cause early failure of a septic system. Pipes blocked by roots, soils saturated by storm water, compacting of the drain field by parking vehicles or heavy objects on the top of the field, improper location, poor original design or poor installation can all lead to major problems. Septic systems and AOSS fail because they are abused, improperly maintained or just old. Remember that the entire functioning of a septic system is based on natural ecological cycles. It needs to be treated kindly and kept in balance. When a system is poorly maintained and not pumped out on a regular basis, sludge (solid material) builds up inside the septic tank, and then flows into the leach field, clogging it beyond repair. Excessive load from toilets, garbage disposal, putting grease, coffee grinds, kitty litter down the drain will shorten the life of and potentially overload the system.

Even with proper use and maintenance the system will wear out. Eventually, the soil around the leach field becomes clogged with organic material, forcing sewage upward into the yard or back into the house. Before that happens, however, there are warnings signs that you need to pay attention to.
Signs that a Septic System is Failing
1. Sewage backup in your drains or toilets. This is often seen as an unpleasant smelling black liquid.
2. Slow flushing of all or most of your toilets. Many of the drains in your house will drain much slower than usual, despite the use of plungers or drain cleaning products (which by the way should not be used with a septic system). Unfortunately, this is often gradual and goes unnoticed.
3. Liquid seeping along the surface of the ground in the back yard near the leach field. It may or may not have a noticeable odor associated with it. Lush green grass growing over the absorption field, even during dry weather or visual stripes in the grass texture and quality is often an indication that an excessive amount of liquid from your system is moving up through the soil, instead of downward, as it should. While some upward movement of liquid from the leach field is expected, too much could indicate major problems.
4. The presence of nitrates or bacteria in the drinking water well. This indicates that liquid from the system may be flowing into the well through the ground or over the surface. Annual water testing will indicate if you have this problem.

With alternative septic system assessing functionality is relatively simple for a qualified inspector (as required in Virginia). AOSS require maintenance to keep functioning properly and so AOSS regulations in Virginia require that these systems are installed with conservative horizontal set backs, are operated and maintained by a licensed operator, are sampled by a licensed operator every five years (with some older AOSS exempt from the sampling requirement), and an operating manual and records maintained on site. Remember that AOSS also need to have their primary tank pumped regularly and these expensive systems need to be treated with care.

HB 2492 Proposes an Amendment to Alternative Septic and Homeowner Responsibilities

Timothy D. Hugo, member of the Virginia General Assembly for the 40th District (Centerville) has introduced a bill HB 2492 in the current session of the Virginia General Assembly: “Onsite sewage systems; certain owners may be exempt from requirements for operation and maintenance.”

This bill contains several provisions restricting the scope and applicability of the new Alternative Onsite Sewage System, AOSS, regulations and the recently implemented Emergency AOSS regulations. The bill would exempt AOSSs installed prior to January 1, 2010, with flows of less than 1,000 gallons per day serving a single-family, owner occupied dwelling from the requirements for the operation and maintenance of the system. In addition, the bill would prevent local autonomy in deciding if these systems can be installed and need to be maintained as recommended by the manufacturer, as currently required by the Department of Health in individual counties. By reducing the authority of the Department of Health and counties to require the maintenance of AOSSs 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.

Let’s look at how requiring operation and maintenance might protect public health and the environment. A real world example would be a geologically unfavorable groundwater rich location. The small development where I live is located within the northeast quadrant of the Culpeper basin in Prince William County. Groundwater flows under ambient pressure from Bull Run Mountain towards Bull Run, the river flowing west to east. The soils in our neighborhood are described by the USGS as Balls Bluff Siltstone with a gravel, sand and clay type bedding plane. (That is the technical name for the flat plane, edged orange red rocks that are everywhere you put a shovel.) In the siltstone bedding plane, the fractures within the rock run predominately north south. Thus while ground water flows generally speaking west to east, water or a contaminant that catches a fracture will carry the contaminant to drinking water depth in a north south pattern. Contaminants can enter the groundwater at these fractures and zigzag through the neighborhood. There is no natural attenuation in a fractured system. Any malfunctioning septic system, improper disposal, or spill on any property has the potential to impact the drinking water well of other residents to the south, southeast or east.

The alternative septic regulations require me and all my neighbors to properly operate and maintain our AOSSs. This will hopefully prevent the neighbor’s septic system from contaminating the drinking water wells in the neighborhood. (I already have an operation and maintenance contract and my septic alarms to an automatic dialer to the maintenance company and my e-mail.) A cracked septic tank, malfunctioning system, improper management of stables, dumping of chemicals down the drain or in the yard, all have the potential to impact large sections of the neighborhood and need to be diligently guarded against by all residents to protect or drinking water supply. Unfortunately, many homeowners are unaware of how septic systems work and what is necessary to maintain them. Their wish to be exempted from the septic regulations is so that they can ignore problems instead of taking appropriate responsibility for their systems without some sort regulations and enforcement. The proper operation and maintenance AOSS would serve to ensure the proper operation of these AOSSs and serve to protect neighboring properties and drinking water supplies from contamination.

The need to negotiate the best rates for AOSS contracts may offer the opportunity for the home owners to create a buying group and educate their neighbors. This could serve to protect all our drinking water. That remains to be seen; in the meantime I will be testing my water twice a year.

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.

Do Septic Tank Additives Work?

According to the US EPA septic system additives also sold as septic system cleaners, degraders, decomposers, deodorizers, organic digesters, or enhancers have not been demonstrated as effective and beneficial. Some of these products can do significant harm, actually interfere with treatment processes, affect biological decomposition of wastes, contribute to system clogging, and contaminate ground water. According to Washington State department of health most additives do not have a positive effect on the operation of a septic system, and can contaminate groundwater aquifers, render septic drainfields dysfunctional, and result in costly repairs to homeowners.

Washington State bans the use, sale, and distribution of additives that contain any ingredient likely to damage a septic system or contaminate groundwater. Approval for sale in Washington does not guarantee that an additive will have any positive effect; just that it is unlikely to cause harm. So, if you are bound and determined to use a septic additive no matter what, at least use one from the Washington State list. It is not likely to help, but it is also not likely to hurt.

The septic tank/soil absorption field system is the most commonly used onsite wastewater treatment system in the United States. It is relatively low in cost, has no moving parts, and requires only that you pump the tank every three to five years, maintain any moving parts and treat the system kindly and not use it for trash and chemical disposal. 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. Compartments and a T-shaped outlet in the septic tank are intended to prevent the sludge and scum from leaving the tank and traveling into the leach field area. Some newer systems have screens and filters to keep solids from entering the leach field.

The basic design of a septic tank will only work if the sludge is not too thick on the bottom and the grease and scum is not too thick on top, and if the flow to the tank is not excessive. If there is too much waste on the bottom of the tank or too much water flowing to the tank, there will not be enough time for the solids and liquids to settle out before the tank starts releasing waste. Water containing large amounts of fecal waste will be released to the drain field. Also, if there is too much grease and scum floating on top, the scum will be released to the leach field.

On first glance septic system additives may seem like a cheap way to avoid pumping a septic tank. However, additives do not eliminate the need to pump a tank and some products can damage septic systems, interfere with treatment of wastewater, and contaminate groundwater. There are three basic categories of substances sold as septic tank additives: inorganic compounds, organic solvents, and biological additives.

Inorganic additives are generally strong acids or alkalis, similar ingredients similar to the ingredients used in popular drain cleaners. These products can destroy the biological function of your septic tank, killing off all the bacteria and allowing raw sewage to flow directly into your drainfield, potentially clogging pipes and soil pores. These types of products can also corrode concrete tanks and distribution boxes, causing them to leak and potentially break apart. None of these types of substances are allowed in Washington State. In addition, you should not use these types of drain cleaners if you have a septic system because very small quantities will cause bacterial “die off.”

Enzymatic products can be beneficial if the appropriate product is used in the right quantity. There is some indication that, enzymatic products might have the ability to reduce the amount of oil and grease in the septic tank. Second, under septic tank bacterial “die-off” conditions, slight reductions in the amount of effluent solids have been achieved by using additives. Die-off conditions were observed when adding a concentration of 1.85 gallons of liquid bleach, 5.0 gallons of liquid Lysol cleaner, or 11.3 grams of Drano drain cleaner to a standard 1,000-gallon septic tank. Other factors that can cause die-off include the use of anti-bacterial agents, and, in certain cases, medications taken by household members. However, some biological additives may increase the biological activity to the point where anaerobic decomposition of solids causes the formation of methane gas. This gas could create a hazard; push solids up from the settled portion of the septic tank. Ultimately, this may lead to solids “carryover” to the soil absorption system and clogging of the drainfield. In addition one study of 48 septic tanks found no difference in sludge level between tanks that used bacterial additives and those that did not (McKenzie, 1999). So with bacterial “die-off” pumping the tank and starting again may be your best option.

Many products are sold to remedy a failing drainfield. It was proposed that hydrogen peroxide could be used to restore the infiltrative capacity of a clogged drainfield, however, research found hydrogen peroxide degrades soil structure in a drainfield, reducing its ability to treat and absorb wastewater effluent by agitating soils containing fines (clayey and loamy soil). Organic chemicals used in additives include organic solvents or surfactants that have been reformulated to make the product safer for the environment. Even at “safe” levels, napthalenes, alkanes, and benzenes easily pass through soil systems and into the groundwater, contaminating nearby wells. These substances should never be added to a septic system.

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.

Septic Regulations and Protection of Public Health and Waters of the State

On September 28, 2009 the Virginia Department of Health published their proposed Alternative Onsite Septic System, AOSS, regulations for public comment. For single family homes the 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 at either once a year or every five years (there is an inconsistency in the proposed regulations) and analyzed by an EPA certified laboratory, and an operating manual and records need to be maintained on site.

While I think the sampling requirement which is expensive does not provide additional protection to the environment and the operating manual requirement is inappropriate, the operation and maintenance of the system by a qualified and trained individual is reasonable. (Whether that individual needs to 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) as a professional operator is for another time.) The truth is people do not seem to be able take appropriate responsibility for their septic systems. One method to deal with this problem is 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 is 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 fines and enforce the program as the current regulations propose. Some version of these proposed regulations will go into effect in the near future. So, Virginia has chosen the control and track approach.

Let’s look at how requiring operation and maintenance might protect public health and the environment. A real world example would be a geologically unfavorable groundwater rich location. The small development where I live is located within the northeast quadrant of the Culpeper basin in Prince William County. The soil (if you want to call it that) consists of an interbedded sequence of sedimentary and basaltic rocks created around 200 million years ago probably by volcanic action. The rocks of the Culpeper basin are highly fractured and overlain by a thin cover of overburden. The lack of overburden is a challenge to gardens and limits natural protection to the aquifer. The sedimentary rocks are highly productive aquifers, but also subject to fractures that allow contaminants to move swiftly and easily through the system and easily reach depth in the groundwater aquifer.

Groundwater flows under ambient pressure from Bull Run Mountain towards Bull Run, the river. Thus, groundwater flows west to east. The soils in our neighborhood are described by the USGS as Balls Bluff Siltstone with a gravel, sand and clay type bedding plane. (That is the technical name for the flat plane, edged orange red rocks that are everywhere you put a shovel.) In the siltstone bedding plane, the fractures within the rock run predominately north south. Thus while ground water flows generally speaking west to east, water or a contaminant that catches a fracture will carry the contaminant to drinking water depth in a north south pattern. Contaminants can enter the groundwater at these fractures and zigzag through the neighborhood. The neighborhood is bound to the south by a river and the area is bound to the east by a river. There are also natural ponds, a manmade pond, and seasonal creeks. The rivers serve as hydraulic breaks. There is no natural attenuation in a fractured system. Any malfunctioning septic system, improper disposal, or spill on any property has the potential to impact the drinking water well of other residents to the south, southeast or east.

The new alternative septic regulations would require me and all my neighbors to properly operate and maintain their septic systems. Hopefully, preventing the neighbor’s septic system from contaminating the drinking water wells in the neighborhood. (I already have a operation and maintenance contract and my septic alarms to an automatic dialer to the maintenance company and my e-mail.) A cracked septic tank, malfunctioning system, improper management of stables, dumping of chemicals down the drain or in the yard, all have the potential to impact large sections of the neighborhood and need to be diligently guarded against by all residents. The need to negotiate the best rates for AOSS contracts may offer the opportunity for the HOA to create a buying group and educate neighbors. This could serve to protect all our drinking water. That remains to be seen; in the meantime I will be testing my water twice a year.

Alternative Septic Regulation and the Virginia Single Family Homeowner

Here are some additional thoughts on the proposed Alternative Onsite Sewage System (AOSS) Regulations as they pertain to single family homeowners. These regulations were published September 28, 2009 by the Virginia Department of Health and the comment period is open until October 28, 2009.

The proposed regulations implement the 2007 legislation and require professional operators certified by DPOR to operate and maintain all alternative onsite septic systems, AOSS, including those of single family homes. The Virginia code requires the owner of an AOSS, to 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. Effective July 1, 2009, Virginia law requires that soil evaluators, installers, and operators of onsite 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). For the interim regulations nothing can be done to change that. However, the proposed regulations go on and 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. This serves to add to the profitability of the licensed operators and the expenses for the homeowner without benefiting public health or the environment.

The proposed testing requirement is not authorized or required by statute and is useless. Laboratory testing of a septic system at a single point in time can be misleading. Operating performance is impacted by volume, load, temperature and humidity, and a single sample is not representative of overall performance. These approved AOSS have already been tested to demonstrate an acceptable operating average performance over a period of time and range of conditions. The authorizing statute requires regulation of the operation and maintenance of AOSS but does not authorize or require testing or reporting unrelated to this purpose. An AOSS that is operated and maintained by a professional operator meets the requirements in the law and protects the environment. Regular inspections and maintenance should serve to identify systems that are not functioning properly.

The requirement for operation and maintenance by a licensed operator favors operator over homeowners, and does not require certification by the manufacturer of all approved systems for implementing operation and maintenance programs. Effectively, licensed operators unqualified to maintain a particular system can contract with homeowners to operate and maintain the system. This bias is compounded by the record keeping, and evidence of maintenance contract requirements making it extremely difficult to change operators. The DPOR and VDH do not give homeowners any tools to evaluate operators, yet tie the homeowner to the operator by the requirement to “Maintain a relationship with an operator.” Before a contract expires the homeowner is required to have another one in place.

Finally, a home owner is required to 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 upon request and make a reasonable effort to transfer the O&M Manual to any future owners. The requirements for the manual are listed in the proposed regulations, and appear to be another profit center for the licensed operators to provide these manuals to homeowners. Since the homeowner is not allowed to operate or maintain their systems themselves a manual is a useless pile of paper conveying little information to untrained reader. A simple diagram of the system, physical location of the components and a list of components, their manufacturer and their function would suffice for single family systems. This short information brochure would more likely to be read and understood by the homeowner and could serve as an educational tool and be useful in shopping for a licensed operator.

The success of the regulations in protecting the environment and public health will depend on the compliance of the AOSS owners. For the individual homeowner the regulations should be clear, fair and easily understood by a layman reading them. Compliance with the regulations will suffer if they are, or are perceived, to be excessively costly or burdensome and without benefit to public health and the environmental. Though I believe there should be a method for a homeowner to become licensed to operate their own systems, these approved AOSS need to be annually inspected and properly maintained by professional or trained operators. A monthly cost for a maintenance contract of around $40 will be perceived as an additional cost like a property tax, but is manageable. The other portions of these regulations make the cost to the homeowner too high without providing additional protection to public health and the environment.

Commonwealth of Virginia Proposed Septic System Regulations

On September 28, 2009 the Virginia Department of Health published their proposed Alternative Onsite Septic System, AOSS, regulations for public comment. The window for public comments closes on October 28, 2009. The comment period is closed.


The proposed regulations implement the legislative mandate of 2007 and require professionals operators certified by DPOR to operate and maintain all alternative onsite septic systems, AOSS. The Virginia code requires the owner of an AOSS, to 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. Effective July 1, 2009, Virginia law requires that soil evaluators, installers, and operators of onsite 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). Prior to July 1, 2009, Virginia law did not require a license to practice as an onsite sewage system operator. DPOR’s regulations for licensing operators does not have any sort of exemption or modified certification for homeowners, but should. It is irrational that home owners can operate direct discharge septic units, but the legislation requires that all single family AOSS units be operated and maintained by a licensed operator.

In their proposed regulations the Virginia Department of Health did not have the option of allowing homeowners to operate and maintain their own systems without modifying the DPOR licensing requirements. The legislation passed in 2007 required that licensed operators perform these tasks. The Department of Health, fully aware of the problem, did not attempt to develop an alternative certification for homeowners, instead they choose to propose that single family home AOSS (under 1,000 gallons per day) be required to be operated by a licensed operator, maintained by a licensed operator and sampled. These are the same requirements that are used for AOSS units processing up to 39,999 gallons per day. These requirements combined are far in excess of what is required to ensure that these systems function as designed. It is to be noted that most single family homes operate at far fewer than 1,000 gallons a day.

The requirement for operation and maintenance by a licensed operator favors operator over homeowners, and does not require certification by the manufacturer of all approved systems for implementing operation and maintenance programs. This bias is compounded by the record keeping, and evidence of maintenance contract requirements making it extremely difficult to change operators. I am not give any tools to evaluate operators, yet sa a homeowner I am tied to the operator by the requirement to “Maintain a relationship with an operator.” Before a contract expires the homeowner is required to have another one in place. Finally, a home owner is required to 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 upon request and make a reasonable effort to transfer the O&M Manual to any future owners. The requirements for the manual are listed in the proposed regulations, and appear to be another profit center for the licensed operators to provide these manuals to homeowners. A simple diagram of the system and a list of components and their function would suffice for single family systems. The question is why the VDH is proposing such punishing regulations for single family AOSS that go beyond the need to properly maintain these systems, but serves as a profitability act for the licensed operators.

Alternative onsite septic systems are designed to be state of the art, meeting EPA's treatment standard one. This exceeds the standards for sewage treatment plants and replenishes existing groundwater systems. These alternative onsite systems can be more sustainable to the surrounding ecosystem than sewers and centralized waste treatment and are certainly less expensive for the homeowners in sparsely populated areas. However, the systems need to work properly and these newer alternative systems with multiple tanks, compressors and various parts require consistent maintenance to continue working properly. Rather than attempt to educate the homeowner and offer cost effective solutions to ensuring that AOSS are maintained properly, the VDH has proposed three layers of oversight within the regulations that are likely to result in avoidance of compliance and potentially abandonment of the technology. The VDH is treating low volume single family home AOSS the same way as clustered systems. Is this the best answer for Virginia?

Virginia’s Proposed Alternative Onsite Septic System Regulations 12VAC5-613

Today, September 28, 2009 the Virginia Department of Health published their proposed Alternative Onsite Septic System, AOSS, regulations for public comment. There is only a 30 day window for public comments. The opportunity to comment has closed.

The purpose of the regulations is to ensure that these more effective treatment systems are maintained in a manner to allow them to function properly to be protective of the environment and public health. It is widely accepted, but not documented that improperly managed septic systems contribute to major water quality problems. 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 these onsite waste treatment failures. EPA hopes to better determine the extent of the relationship as documentation becomes available. In 2003 EPA reported that 168,000 viral and 34,000 bacterial illnesses occur nationally each year from drinking water contaminated by waterborne pathogens from fecal contamination. Proper maintenance of septic systems (both traditional and alternative) is essential for protection of public health and local water resources. The EPA estimates that 29-30% of Virginia households have septic systems and that 8% of theses systems are AOSS.

The research into the contamination from septic systems was performed at the RS Kerr Environmental Research Laboratory in Ada, Oklahoma. The classic study by Marylynn V. Yates points out that septic systems contribute 800 billion gallons of waste water per year to the subsurface. The study found that the most important factor influencing groundwater contamination by septic systems is the density of systems in an area and the distance to the contamination point. It is as simple as that. The fewer systems per square mile the less chance of contamination. Distance from a septic system, the so called horizontal set backs are the final protection from harm especially for those of us who obtain our drinking water from private water supplies. The proposed regulations maintain and expand the conservative set backs for traditions systems.

The AOSS were approved by the state based on demonstrations of their functioning and effectiveness. In the proposed regulations the Commonwealth is going to require outside operators to inspect and maintain these systems in perpetuity at a cost to the home owner of $400-$600 per year (the basic contract where I live is $480, but the provider will grant a 25% discount if I get a group of at least 10 families together.). This level of oversight and maintenance should ensure that these AOSS function as intended and ensure that anomalies and alarm situations are responded to in a timely manner.

Ideally, homeowners should care for their septic systems appropriately to avoid the system back 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. Many homeowners are unaware of how septic systems work and what is necessary to maintain them. In addition, many people do not seem to be able take appropriate responsibility for their systems. One method to deal with this problem is 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 is to regulate, control and track. Establish system performance and monitoring and maintenance requirements, establish a tracking system for compliance monitoring. Virginia has taken the tact to require outside operators and an ongoing operations and maintenance contract. There is no opportunity for an interested homeowner to obtain the skills and knowledge to operate and maintain their own systems. I do not know if this is the right answer, but it is the one the VDH picked.

All AOSS systems were demonstrated to perform satisfactorily to be approved for use in the Commonwealth. Monitoring and operating these AOSS systems with professional operators is designed to ensure a single family home (low volume) unit is functioning. In addition, the VDH proposes that single family AOSS be required to have the outside operator sample and send out for analysis system effluent every five years. As an old chemical engineer I know how misleading a single sample once every five years can be. Septic systems are impacted by volume, load, temperature and humidity. The AOSSs are really the most basic and tiny of waste treatment plants. These systems were tested over a period of time and conditions to demonstrate an acceptable operating average performance.

A single sample every five years will provide little if any useful information that is not provided by an initial demonstration of functioning and on going maintenance and inspection. If a system is tested and does not meet the design averages, does it fail? What range around the design parameters is officially acceptable to the VDH? If a system fails, protocol would require a retesting (at the consumer’s expense). If the system “failed” to meet the design parameters adjustments to the use or operation of the system would be then be made and the system retested again at the home owners expense. 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 design parameters will sometimes be exceeded and sometimes not met. THE VDH has not quantitative standards for these operating ranges, but wants quantitative sampling performed every five years. At what levels does the VDH take enforcement action, or require further investigation? Without these answers how can a sampling program be instituted that is anything more than data gathering? If the VDH has no intention of using the data for enforcement it is inappropriate to require this level of expenditure from home owners. What is the limit of the amount of money the VDH will require to be spent by a home owner? I do not believe the environment or public health of the Commonwealth will benefit from this sampling. This requirement creates a permanent substantial and open ended additional cost to the homeowner above the annual cost of having an operator maintain the system.

I investigated the costs of testing an AOSS with an ATU by having the third tank sampled. To test for Total Coliform, ecoli, and Nitrate-Nitrite cost $321.42 (which included a 10% discount for having a maintenance contract). Sampling BOD, TSS, Oil and Grease and Nitrate-Nitrite, as Nitrogen samples from the third tank cost $353.58 (also including a 10% discount). For $675 all these parameters could by tested by the outside operator. This level of cost, even at a five year interval is excessive on top of the operations and maintenance contract. This cost could financially stress a home owner. The possibility to have to retest, take corrective action or develop an average effluent profile to demonstrate compliance with a design parameter is an open ended financial liability that might have no benefit to the environment or public health, but could have dire consequences on the financial viability of the home owner. Routine inspections and maintenance should serve to identify systems that are not functioning properly. If there appears to be an on going problem then sampling and testing could be performed if the operator in consultation with the VDH felt it could help resolve an operating problem.

The success of the regulations in protecting the environment and public health will depend on the compliance of the AOSS owners. For the individual home owner the regulations will have to be clear, easily understood by a layman reading them and fair. I believe home owners will be able to accept that AOSS systems need to be annually inspected and maintained by operators at a monthly cost that is around $40. It will be perceived as an additional property tax, but is constant and will become routine like any other homeowner expense.