1.  The current Emergency Regulation has no provision to require the owner to make repairs to an alternative onsite sewage system.  The SHAD regulations will allow VDH to issue an NOV only if the system is failing.  The purpose of the O&M code (32.1-164 H and I) was to correct problems before they became failures - assure systems are maintained. The rule needs a simple statement that indicates maintenance and repairs identified at a site visit must be corrected and repaired.  It is suggested that a catorization could easily be given to the problems and could be assigned by the VDH rather than the operator, although based on the operators report and if necessary a site visit by the VDH.  This has been successful in Loudoun County it allows small problems to be watched at future site visits and major problems to be fixed now as well as failures.

2.  The Emergency and final O&M rules need the civil penality rule to be promulgated to support compliance.  The problems of having a relationship with an operator, having a site visit and repairing non failure problems don't warrent the criminal penality that a failure can.  On the other hand they can need some compliance/enforcement incentative to fix the problem.

3.  The program being developed appears to be straying far from that directed under the Code 32.1-164 H.  The management system proposed appears to be cumbersom and does not provide all the requirements in the code. (It is noted that it has been presented in draft form and that nothing has been seen since initial presentations upon which comments were provided.) However, it is also unlikely that an updated version for comment will be available before this comment period is over.