The regulation:

(i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions;

• Failing on many levels as evidenced by increased closings of shellfish waters.

(ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and

• Conflicting prescriptive requirements failing to address performance objectives of applicable law.

(iii) is clearly written and easily understandable.

• VDH is failing to enforce mandatory O&M throughout the Commonwealth.

Repeal these regulations and start fresh with performance requirements based on standard engineering practices that serve to proctect public health, safety, and welfare.