Virginia Regulatory Town Hall
Agency
Virginia Department of Health
 
Board
State Board of Health
 
Guidance Document Change: This policy outlines the procedure for means testing of owners who petition the Virginia Department of Health (VDH) for onsite sewage and private well evaluation and design services pursuant to § 32.1-248.4 of the Code of Virginia (the Code). This policy also establishes Hardship Guidelines whereby VDH may serve as a provider of last resort for onsite sewage and private well evaluation and design services pursuant to § 32.1-248.4 of the Code.
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7/10/19  4:54 pm
Commenter: Larry F. Baldwin, Consulting Soil Scientists of the Carolinas Inc.

GMP 2019-01 Comments
 

Minimum public health, safety, and welfare standards are an important, legitimate, and rational function of government.  Governmental oversight is normally implemented through setting standards, permitting, and compliance requirements.  The on-site waste treatment industry has been the exception in many States, where a governmental agency sets the standards and then tries to perform all the technical evaluations, design, layouts, inspections, and compliance with varying success.  Typically a governmental agency will not assume liability or responsibility for their works when failures occur or insubordinate works are performed, which leaves the public in a precarious position without a legal recourse due to State sovereignty, but the public is still required to comply with minimum health, safety, and welfare standards set by the same State agency.

Privatizing the on-site waste treatment industry with trained, competent, responsible, and legally liable professionals is a rational way to proceed.  This would be the same for any other professional works with as much or greater liability, such as home building, bridge / highway construction, chemical applications, and etc.  

There will always be hardship situations and government typically handles this through public assistance funding for services.  Many professionals also do pro-bono work which can be recouped as a charitable contribution when recognized by governing tax codes.

CommentID: 73420