Septic fields function when designed to provide: support to ground and traffic loading, voids for flow equalization, and a point of attachment for fixed film biomass which sees sewage effluent as food and reduces BOD. Chambers sometimes provide two of the three requirements. Some soils provide environments to sustain biomass, but this quality varies and can only be determined by an experienced evaluator. The homeowner can only be assured of functionality by an independent site assessment by licensed Onsite Evaluator who holds their interest in system longevity as a high priority. Long term results are enhanced by installation in adherence to design and regulation, successful 3^rd party inspection and periodic maintenance.

The 2006 NC DENR study revealed that failed drainfields were 15% more likely to be constructed from chambers,  or if expanded poly 23% more likely, than pipe and rock. This is the same Department which oversees Duke Power’s coal ash storage ponds in NC.

The General Assembly via HB1726 compelled VDH to convene a Technical Advisory Committee.  VDH's TAC requested failure data, and inspection reports. Staff and manufacturer were in agreement that no relevant data has been collected revealing any cause for concern.  Despite several localities prohibiting or restricting use of CBEP, (e.g. Loudon County) VDH staff has been prohibited from discussing case history or experience, and has been cautioned against advising homeowners considering their contractor’s product substitution proposal. These substitutions result in a foot print reduction without any commensurate changes in organic loading, flow distribution and monitoring. Indeed this product is the only case in which VDH staff may reduce a footprint without recording a variance or lien against the property.

The majority of failed systems in VA share one common ground, they were designed by staff which was prohibited by their employer from exercising design authority over contractor substitutions and commensurate area reduction. In some cases the installations were not promptly inspected and damaged by storm event or erosion. Owners were offered free designs for repairs, and materials under warranty, few if any received indemnification funds.

The Board of Health supported staff recommendations with minimal consideration of the product history. Secretary Romano delivered a product endorsement under GMP135A w/ appendix. As the single largest design firm her staff is compelled to utilize these products despite production by a sole manufacturer and only two nationwide distributors. By most standards this would be considered a monopoly, supported by a quasi-monopoly. The Secretary requires her staff deliver construction permits incorporating these products into every system which does not meet the area requirements of the Sewage Handling Design Regulations. The designer (if licensed) takes full individual responsibility for the design under their DPOR license which certifies competence.

The field of designers is concerned and surprised that the conflict of interests revealed within this process has not attracted the attention of the AG, or the press.