Alternative Onsite Sewage Alternative Onsite Sewage Systems:Systems:

New Regulations & Issues for LocalitiesNew Regulations & Issues for Localities

Potomac Watershed RoundtablePotomac Watershed RoundtableJanuary 7, 2011January 7, 2011

Thomas E. Crow, DirectorThomas E. Crow, DirectorDivision of Environmental HealthDivision of Environmental Health

Fairfax County Health DepartmentFairfax County Health Department

OutlineOutline

• Overview of Onsite Sewage SystemsOverview of Onsite Sewage Systems

• Emergency Regulations for Alternative Emergency Regulations for Alternative Onsite Sewage SystemsOnsite Sewage Systems

• Proposed Permanent AOSS Proposed Permanent AOSS RegulationsRegulations

• What Does This Mean for Local What Does This Mean for Local GovernmentsGovernments

• Chesapeake Bay TMDLChesapeake Bay TMDL

Goals of All Sewage Treatment Goals of All Sewage Treatment ProcessesProcesses

• Treatment to reduce harmful Treatment to reduce harmful elementselements

• Distribution of water (effluent) back Distribution of water (effluent) back into the environmentinto the environment

• All onsite sewage systems disperse All onsite sewage systems disperse partially treated effluent to the soil partially treated effluent to the soil for final treatment prior to its return for final treatment prior to its return to ground waterto ground water

Conventional Onsite SystemConventional Onsite System

• Code of Virginia 32.1-163Code of Virginia 32.1-163– Only septic tank for treatmentOnly septic tank for treatment– May utilize pump for change in elevationMay utilize pump for change in elevation– Distribution must be by gravityDistribution must be by gravity– Requires at least three feet of well-Requires at least three feet of well-

drained soildrained soil

Alternative Onsite SystemAlternative Onsite System

• Code of Virginia 32.1-163Code of Virginia 32.1-163• May be experimental, provisional, or May be experimental, provisional, or

generally approvedgenerally approved• Three main characteristicsThree main characteristics

– Treatment other than a septic tank, orTreatment other than a septic tank, or– Uses a method of distribution other than Uses a method of distribution other than

gravity, typically pressurizedgravity, typically pressurized– Does not result in a point source dischargeDoes not result in a point source discharge

• Designed to improve treatment of septic Designed to improve treatment of septic effluent in the soil, oreffluent in the soil, or

• Provides additional treatment in a “box”Provides additional treatment in a “box”

Emergency Regulations for Emergency Regulations for AOSSAOSS

• From legislation approved in 2009 From legislation approved in 2009 (HB 2551) in reaction to restrictions (HB 2551) in reaction to restrictions placed on AOSS installations by some placed on AOSS installations by some jurisdictionsjurisdictions

• Effective April 7, 2010Effective April 7, 2010

• Effective for 12 months with a Effective for 12 months with a possible 6 month extension (set to possible 6 month extension (set to expire April 6, 2011)expire April 6, 2011)

Emergency Regulations for Emergency Regulations for AOSSAOSS• Three broad areas:Three broad areas:

– Establishes new performance requirements for new Establishes new performance requirements for new systems onlysystems only

– Establishes O&M requirements for all systemsEstablishes O&M requirements for all systems• Requires designer to submit O&M manual to the homeowner Requires designer to submit O&M manual to the homeowner

and Health Department.and Health Department.• Requires formal O&M agreement with licensed operator.Requires formal O&M agreement with licensed operator.• Requires annual maintenance report be submitted online to Requires annual maintenance report be submitted online to

the Health Department ($1.00 fee)the Health Department ($1.00 fee)– Establishes horizontal setbacks for 32.1-163.6 of the Code Establishes horizontal setbacks for 32.1-163.6 of the Code

of Virginiaof Virginia• Drinking water suppliesDrinking water supplies• Shellfish watersShellfish waters• Sink holesSink holes

Proposed Permanent Proposed Permanent RegulationsRegulations• http://www.townhall.state.va.us/L/ViewXML.cfm?textid

=4595 (public comment period closes February 4, 2011) (public comment period closes February 4, 2011)

• Public hearing:Public hearing:– January 25, 2011 January 25, 2011 – 10:00 A.M.10:00 A.M.– James Madison Building, 109 Governor Street, Main Floor James Madison Building, 109 Governor Street, Main Floor

Conference RoomConference Room• Some key differences from the Emergency Regulations:Some key differences from the Emergency Regulations:

– Spray irrigation and any system in wetlands specifically Spray irrigation and any system in wetlands specifically excludedexcluded

– New nitrogen requirements for Chesapeake Bay watershedNew nitrogen requirements for Chesapeake Bay watershed– Additional requirements for systems with direct dispersal to Additional requirements for systems with direct dispersal to

ground waterground water– Phosphorus requirements for AOSS with direct dispersal to Phosphorus requirements for AOSS with direct dispersal to

ground waterground water

What does this mean for local What does this mean for local governments?governments?

• Pre-emption clauses in HB 1788 (2009)Pre-emption clauses in HB 1788 (2009)– Locality shall not prohibit the use of AOSSLocality shall not prohibit the use of AOSS– Locality shall not exceed maintenance Locality shall not exceed maintenance

standards that exceed State requirementsstandards that exceed State requirements

• Pre-emption clauses become effective 30 Pre-emption clauses become effective 30 days following promulgation of final days following promulgation of final regulationsregulations

What does this mean for local What does this mean for local governments?governments?

• November 9, 2009 AG opinion said November 9, 2009 AG opinion said adoption of the Emergency Regulations adoption of the Emergency Regulations triggers the two pre-emptive portions of triggers the two pre-emptive portions of HB 1788HB 1788

• Fairfax County Attorney’s opinion of May Fairfax County Attorney’s opinion of May 26, 201026, 2010– Emergency regulations by definition are not Emergency regulations by definition are not

final.final.– The pre-emption does not take effect until The pre-emption does not take effect until

the final regulations are promulgated.the final regulations are promulgated.

What does this mean for What does this mean for Fairfax County?Fairfax County?

• Total of 617 systemsTotal of 617 systems– 55% < 5 years old55% < 5 years old– 26% 6-10 years old26% 6-10 years old– 17% 11-15 years old17% 11-15 years old– 1% 16-20 years old1% 16-20 years old– 1% > 20 years old1% > 20 years old

• 217 systems (35%) 217 systems (35%) have existing O&M have existing O&M agreementsagreements

What does this mean for What does this mean for Fairfax County?Fairfax County?

• The operation and maintenance The operation and maintenance requirements are a good step, particularly requirements are a good step, particularly if we are going to be required to accept if we are going to be required to accept experimental systems.experimental systems.

• Added cost to homeowners for annual Added cost to homeowners for annual maintenance agreement.maintenance agreement.

• Staff time required to monitor compliance.Staff time required to monitor compliance.

• Stricter requirements of local code will be Stricter requirements of local code will be pre-empted.pre-empted.

What does this mean for What does this mean for Fairfax County?Fairfax County?

Proposed State AOSS Proposed State AOSS RegulationsRegulations

Fairfax County Code Fairfax County Code 68.1 Requirement68.1 Requirement

Locality shall not Locality shall not prohibit the use of prohibit the use of AOSSAOSS

Experimental or Experimental or provisional systems provisional systems are not considered are not considered for new construction for new construction unless a generally unless a generally approved system approved system with a 100% reserve with a 100% reserve area is approved as a area is approved as a backupbackup

What does this mean for What does this mean for Fairfax CountyFairfax County

Proposed State AOSS Proposed State AOSS RegulationsRegulations

Fairfax County Code Fairfax County Code 68.1 Requirement68.1 Requirement

Shallow placed Shallow placed systems permitted at systems permitted at any depth if certain any depth if certain soil and dispersal soil and dispersal criteria are metcriteria are met

Does not permit any Does not permit any system to be installed system to be installed at a depth shallower at a depth shallower than six inchesthan six inches

Draft Chesapeake Bay TMDL Draft Chesapeake Bay TMDL Nitrogen From Onsite SewageNitrogen From Onsite Sewage

• Draft allocation for onsite sewage = Draft allocation for onsite sewage = 1.922 million pounds1.922 million pounds

• Current pollution from onsite systems = Current pollution from onsite systems = 2.6 million pounds2.6 million pounds

• Target Reduction = approx. 0.7 million Target Reduction = approx. 0.7 million poundspounds

• Estimated # of systems in watershed = Estimated # of systems in watershed = 530,000530,000

• # of new systems each year = 11,250# of new systems each year = 11,250

Draft Watershed Improvement Draft Watershed Improvement Plan (WIP) for Onsite SewagePlan (WIP) for Onsite Sewage• Expand the Nutrient Credit Exchange Program Expand the Nutrient Credit Exchange Program

to include onsite systems within the to include onsite systems within the Chesapeake Bay watershed.Chesapeake Bay watershed.

• Implement VDH regulations for AOSS.Implement VDH regulations for AOSS.• Consider revisions to the Code of Virginia to Consider revisions to the Code of Virginia to

require all new and replacement systems in the require all new and replacement systems in the Chesapeake Bay watershed to utilize either:Chesapeake Bay watershed to utilize either:– ““Shallow placed” systemsShallow placed” systems– Denitrification technology to reduce nitrogen lossDenitrification technology to reduce nitrogen loss

• Consider requirements for additional nitrogen Consider requirements for additional nitrogen reducing technologies in certain defined reducing technologies in certain defined sensitive areas.sensitive areas.

Draft Watershed Improvement Draft Watershed Improvement Plan (WIP) for Onsite SewagePlan (WIP) for Onsite Sewage• Consider revisions to the Code of Virginia to encourage Consider revisions to the Code of Virginia to encourage

the use of community onsite systems. (Existing zoning the use of community onsite systems. (Existing zoning codes require that onsite systems must be sited within codes require that onsite systems must be sited within the meets and bounds of the property.)the meets and bounds of the property.)

• Explore the feasibility of establishing tax credits or Explore the feasibility of establishing tax credits or other financial incentives for upgrade/replacement of other financial incentives for upgrade/replacement of existing conventional systems with nitrogen reducing existing conventional systems with nitrogen reducing systems.systems.

• Explore the use of grants or other methods to defray Explore the use of grants or other methods to defray expenses on low and moderate income households.expenses on low and moderate income households.

• Encourage the use of “Betterment Loans” for repairs Encourage the use of “Betterment Loans” for repairs to existing systems.to existing systems.