Commenter:
Allen Knapp, Virginia Department of Health
VDH Comments
VDH Office of Environmental Health Services offers the following comments for consideration.
Comment 1
Regarding: Lack of nutrient limitations for systems in the Chesapeake Bay Watershed
Issue: EPA will be issuing a TMDL (total maximum daily load) at the end of this year for the control of nutrients and sediments to the Chesapeake Bay Watershed. The proposed General Permit regulations do not directly address nutrient requirements for systems permitted under this regulation. The Board of Health has proposed minimum nitrogen removal targets for alternative onsite sewage systems <1000 gallon per day in the Chesapeake Bay Watershed of 50% through proposed regulations (12 VAC 5-613). VDH recommends that the <1000 gallon per day direct dischargers be held to that same level of nitrogen removal, 50%, as the alternative onsite systems.
Resolution: Require new direct discharges in the Chesapeake Bay Watershed permitted under this General Permit to install treatment that reduces nitrogen by 50% such as treatment units that meet the NSF 245 standard.
Regarding: 9 VAC 25-110-60 D. Continuation of permit coverage.
Related sections: 9 VAC 25-110-70.A.2.b. (3) and Part II M.2.c.
Issue: This section allows for automatic renewal for all General Permits currently issued. The two related sections allow for VDH to object to the renewal of permits based on performance issues, enforcement issues, or other issues. VDH has a particular concern regarding permits issued for systems that were never constructed. In some cases, the VDH ‘notification of no onsite solution’ was made under much older regulations that had few alternatives to address difficult sites. These sites should be reevaluated for onsite solutions given the new alternatives that are now available. Given that all of these permits reissue in the same time frame, VDH and DEQ should coordinate a review of permits coming up for reissuance to ensure that adequate time is allowed for VDH to review the permits, revisit the ‘notification of no onsite solutions‘ where applicable, and issue a concurrence or denial.
Resolution: VDH would like to coordinate the logistics of the review of the permits to be reissued with DEQ so that adequate time is allowed. Facilities originally permitted prior to July 1, 2000, (prior to the latest amendments to the Sewage Handling and Disposal Regulations), but never constructed, are of particular concern.
Issue: Recent conversations with DEQ have indicated that new single family home facilities must submit both the registration statement and the Combined Application Form. This section does not discuss the Combined Application Form.
Resolution: Amend this section to include reference to the Combined Application Form.
Issue: The wording in the registration statement suggests that a two year contract is sufficient for a single family home and no detail is listed as to the minimum requirement for the contract. The permit language itself (Part I.C.2.) clearly states that the maintenance contract is to be kept in force throughout the term of the permit and outlines what is to be in the maintenance contract for a single family home. Neither location notes the requirement that a licensed Class IV wastewater operator is required.
Resolution: Clarify this section to state that the owner is required to maintain the facility through a maintenance contract throughout the life of the permit. Include the detail of what is to be included for a single family home maintenance contract. Include the statement that a licensed Class IV wastewater operator is required.
Comment 7
Regarding: 9 VAC 25-110-80 General Permit
Issue: Part I A.2. states that monitoring results are to be made available to VDH upon request. VDH requires the monitoring results to be submitted.
Resolution: Modify the language to state that monitoring results for single family homes shall be submitted to VDH in accordance with 12 VAC 5-640.
Comment 8
Regarding: 9 VAC 25-110-80 General Permit
Issue: Part I.C.2. states that the maintenance contract shall be made available to VDH upon request. VDH requires that maintenance contracts be submitted.
Resolution: Modify the language to state that maintenance contracts for single family homes shall be submitted to VDH in accordance with 12 VAC 5-640.
