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Board of Health’s Emergency Regulations for Alternative Onsite Sewage Systems

This document is intended to provide general information to interested stakeholders, including Virginia Department of Health (VDH) staff, private consultants, and the public about the Board of Health's Emergency Regulations for Alternative Onsite Sewage Systems ( 12VAC5-613, the "Emergency Regulations"). The information has been simplified for clarity and in the interest of brevity. This document is not intended to offer official guidance or interpretations of the Emergency Regulations. All persons are advised to consult the Emergency Regulations for specific regulatory requirements.

1. Why Do We Need Emergency Regulations?
   The Emergency Regulations were adopted pursuant to legislation approved in 2009 which required the Board of Health to adopt regulations establishing performance requirements for alternative onsite sewage systems (AOSS) and horizontal setbacks necessary to protect public health and the environment. The proposed emergency regulations were approved by the 2010 General Assembly and became effective on April 7, 2010.
2. Will the Emergency Regulations Become Permanent?
   The Emergency Regulations are effective from April 7, 2010 through April 6, 2011. VDH expects permanent regulations to replace the Emergency Regulations as they expire in April 2011. The permanent regulations are still being developed, however they should be similar to the Emergency Regulations.
3. What Do the Emergency Regulations Mean to Me?
   As of the effective date of the Emergency Regulations each owner of an AOSS in Virginia is required to establish a relationship with a licensed AOSS operator and to have that operator visit the system at least one time per year. For single-family systems this requirement is similar to Virginia's vehicle safety inspection program- systems are examined once a year to check for major deficiencies; however, the owner, through a licensed operator, is responsible for making sure that his AOSS functions properly at all times.
4. What Do I Need to Do?
   • Contact a licensed AOSS operator to establish an owner/operator relationship. Supply the name and license # of the operator to the Health Department by phone at 703-246-2201 or by email. You are not required to sign a maintenance contract, but you do need to establish a relationship with an operator. The Emergency Regulations say that a relationship means an agreement between the owner of an AOSS and operator wherein the operator has been retained by the owner to operate the AOSS in accordance with the requirements of the Emergency Regulations.
   • Make arrangements to have the operator visit your system and file a report with the VDH some time before April 6, 2011. This is the most important date you need to remember
   • Obtain a copy of the Operation and Maintenance Manual for your system and a copy of the operator's log. Your licensed operator can help you obtain these documents if you do not already have them. You are required to keep those documents on your property and make a reasonable effort to transfer them to the next owner when the property is sold.
5. What Does My Licensed Operator Do?
   Your operator is required to file a report with VDH each time he accomplishes a mandatory visit and any time he observes a "reportable incident." His report will verify that:
   • (1) the AOSS is functioning properly
   • (2) the AOSS needs maintenance in order to function properly
   • (3) the AOSS is failing or out of compliance with the performance requirements of the Emergency Regulations
   Operators will file reports using VDH's online reporting capability. After they are filed with VDH, reports will be automatically routed to the appropriate local health department.
6. Can I Serve As My Own Operator?
   An individual homeowner may only operate his own system if he has received an Alternative Onsite System Operator's license from the Department of Professional and Occupational Regulation (DPOR).
7. Am I Required to Sample My System?
   Laboratory sampling requirements only apply to AOSS that were installed after the effective date of the Emergency Regulations (April 7, 2010). Systems that were installed prior to that date are not required to sample.
8. Where Can I Get More Information or Make Comments About the Program?
   Please contact the Division of Environmental Health, Onsite Sewage & Water Section by phone at 703-246-2201 or visit our website . The Emergency Regulations can be found on the Virginia Notice of Emergency Regulations .