Property owners in the Coastal Plain need balanced requirements. If it's reasonable public policy to permit the discharge of septic effluent into shallow groundwater, then allowing the same option for an engineered system that meets the EPA/DEQ discharge quality standard is reasonable public policy - on steriods.

In December 2011 the Virginia Department of Health (VDH) promulgated regulations that created restrictive, and effectively, prohibitive rules governing seasonal high groundwater. A new category of system was created, Direct Dispersal to Ground Water. For the past 4years, VDH has issued no construction permits for this category of alternative systems, although VDH has issued at least 21 construction permit variances for repairs or voluntary upgrades.

It is important to be mindful that there are two statutory provisions that require VDH to issue non-complying construction permits (§ 32.1-164.1:1 “Waivers” and § 32.1-164.1:3 “Voluntary Upgrades”). In both instances, VDH is required to, and has written, numerous construction permits that discharge septic tank effluent in violation of current separation requirements and many instances, directly into the seasonal high ground water.

In addition, current regulations (12VAC5-610-280) allow VDH to issue construction permits for failing systems that “complied to the greatest extent possible, ...however, not necessary to substantially comply with the requirements...”.

In summary, there are several options available for VDH to issue legal, yet non-conforming construction permits.

A limited review of permits found:

Mathews County - between November 2008 and June 2010 (20 months) VDH had issued 26 repair permits out of 39 reviewed (67%) resulting in discharges directly into the shallow groundwater.

Mathews County – between April 2010 and January 2013 (32 months) VDH had issued an additional 26 repair permits out of 100 reviewed (26%) that violated the required separation distance or discharged directly into the shallow groundwater.

Isle of Wight County – between January 2010 and January 2013 (36 months) VDH had issued an additional 31 repair permits out of 47 reviewed (66%) that violated the required separation distance or discharged directly into the shallow groundwater.

Ironically, none of the above systems were designed by engineers, yet it is engineered systems that undergo the most scrutiny and must comply with the State's most rigorous performance requirements.

As long as VDH issues permits and designs systems that discharge SEPTIC EFFLUENT directly to groundwater the following rule should apply:

IF YOU CAN TREAT WASTEWATER AND DISCHARGE IT TO A DITCH, CREEK OR STREAM, YOU SHOULD BE ABLE TO DISCHARGE IT INTO THE GROUND.

The regulations related to Direct Dispersal to Groundwater need to be amended.