Onsite Sewage Systems Wastewater Management

1. Onsite Sewage Systems Wastewater Management VACO Community Development and Planning Steering Committee November 13, 2011

2. 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

3. AOSS Regulations • Emergency Regulations are no longer in effect [10/6/11].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 re-approval in 5 yrs which is new.

4. 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.

5. 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.

6. 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.

7. 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!!

8. 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

9. 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.

10. 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

11. 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.

12. HB 2185 & Discussion Robert E. Lee, PE Wastewater Management cornwallee@me.com 703-793-0369