12VAC5-613-30. Applicability and scope.

1.        Revise section L. per below:

“L. Treatment units for small AOSSs that are recognized by the department as generally approved for TL-2 or TL-3 as of December 7, 2011, shall retain such status and are exempt from the requirements of 12VAC5-613-70 for a period of five years from December 7, 2011, after which the units shall be evaluated pursuant to the requirements of this chapter.”

Reason: Companies that completed third party field testing protocols prior to the effective date of December 7, 2011 did so at great expense of time and resources.  Retesting places an undue and unrealistic financial and time burden on these companies.  Furthermore, previous testing protocols were more stringent, including pathogen testing of effluent and through the soil.  VDH has acknowledged that the current testing procedure does not include pathogen testing because the previous testing demonstrated the efficacy of the treatment units and the soil to adequately reduce pathogenic organisms to levels safe for public health and the environment.