+
Onsite Sewage Systems
Wastewater Management
VACO Community Development and Planning
Steering Committee
November 13, 2011
+
Overview for Discussion

AOSS Regulations

Alternative Discharging Sewage Treatment Regulations

Civil Penalty Regulations

Loudoun County Inspection Program Report

Chesapeake Bay TMDL

Residuals (Septage and Waste Activated Sludge)

HB 2185

Discussion
+
AOSS Regulations

Emergency Regulations are no longer in effect [10/6/11].

Final Regulation to be effective 12/7/11. Meantime nothing
other than what is placed in a permit.

FIVE Parts: 1 General; 2 Performance Requirements; 3
Operation & Maintenance; 4 Horizontal Setback
Requirements; 5 Waivers from Certain Performance
Requirements.

Applicability is different for certain provisions in the
Chapter. O&M applies to all AOSS whenever permitted.
Chesapeake Bay nutrient requirements don’t apply until
12/7/13. Generally approved treatment units will require reapproval in 5 yrs which is new.
+
Key Changes from Emergency
Regulation

Part V. This part allows Professional Engineers designing under §32.1-163.6 of the
Code of Virginia to waver from certain performance standards provided they can
substantiate the design with engineering standards, peer reviewed research, etc. and
provide more rigorous sampling and testing.

Added design performance standards for the Chesapeake Bay watershed.

Removed discharges to wetlands and removed spray irrigation systems – DEQ primary

Eliminated the definition of “relationship with an owner” and associated text relating to
same.

Eliminated the requirement for an operator to report when no longer operating a
particular AOSS.

Added operator violation if not performing operation as required.

Aligned O&M for large AOSS to that of DEQ permitted systems to eliminate confusion.
+
Concerns

Will VDH be able to manage the program?




Based on results to date, it appears unlikely.
It appears resources have not increased or been reallocated or
prioritized. Leadership doesn’t appear to exist. No responsibility
to see the program succeed is apparent. Enforcement will come
from the Attorney General’s office where past experience points
to unwillingness to prosecute.
The data system / data management system is not adequate and
uses more resources than necessary.
Can local governments assure their citizens there is
adequate public health and a healthy environment?



Take steps to ask the state and local health department for
statistics on AOSS and AD STP. (see past VACO request)
Enact ordinances to support regulations e.g. civil penalties.
Model Loudoun’s success.
+
Alternative Discharging Sewage
Treatment Regulations

Individual homes with 1000 gallons per day or less
discharge.

Unchanged since 1992.

Opened for revision and extensive revisions proposed see:

http://townhall.virginia.gov/L/viewstage.cfm?stageid=6036

Changes to mirror AOSS as much as possible.

Old language, etc. has been eliminated, but still more
prescriptive than AOSS.

Electronic reporting required.
+
Civil Penalty Regulations

12VAC5-650 proposed June 22, 2009.

Sent back to VDH for changes by Governor.

Changes made and currently under review by the Secretary.

Prepared prior to AOSS ER. – language compatibility shaky.

Weak penalty for most regulation violations $25/$50.

Not submitting report $50/$100.

Very much needed and better than nothing!!
+
Loudoun County Inspection
Program Report

See complete report at:

www.loudoun.gov/planning

Inspection Program Basics.

Required for all AOSS once annually.

Inspector – non-county employed [Engr., AOSE, NSF, Mfgr/LCHD].

Consistent inspection report – electronic.

Resultant inspection report falls into 4 categories: 1 all OK; 2
minor problems; 3 not operating as designed but not failing; and
4 failing (sewage on the ground)

Civil penalties in ordinance
+
Loudoun County Inspection
Program Report cont.

Key findings:








Owners need notice(s) to get inspection.
Some will not get inspection without tickets or other enforcement
actions.
There is no indication that recording requirements in the land records
has helped get inspections.
Older Low Pressure Distribution (LPD) systems and some other
systems are not constructed with access points for inspection and will
require minor construction. Also, often never had maintenance.
Contrary to industry predictions for either early or late problems, the
older a system was the more that had problems.
In 2009, 110 tickets were written while in 2010 there were 79. All
tickets were for failure to get an inspection.
24 failures in 2009 with none in 2010.
Differences between County and State programs should be
eliminated to the greatest extent possible to reduce confusion and
possible non-compliance e.g. inspector and operator.
+
Chesapeake Bay TMDL

Onsite Systems


Reduction from current load required (load modeled).

50 percent nitrogen reduction by AOSS from conventional in
2013. (up to 10,000 gallons per day),(50% equivalent to 20
milligrams per liter going to the soil).

Large AOSS greater than 10,000 GPD, must reduce nitrogen,
prior to discharge to the soil, to 8 milligrams per liter to give 3
milligrams per liter at property boundary.
Missing pieces

Trading

Community/locality overall impact.

Priorities and Funding
+
Residuals (Septage and Waste
Activated Sludge)

Sleeping giant

Added load from AOSS O&M and 5 year pump-outs to WWTP.

Discharge pounds already set for WWTP. Likely to require
upgrades in any case.

Growth impacts both onsite and sewered.

Consideration of septage treatment only facilities in areas
where septage is located

Need to look at stormwater facilities and residuals from it
also.
+
HB 2185 & Discussion
Robert E. Lee, PE
Wastewater Management
cornwallee@me.com
703-793-0369