Development of Rainwater Harvesting Regulations
September 7, 2021
Chapter 817 of the 2018 Virginia Acts of the Assembly (House Bill 192) provides authority for VDH to develop regulations for the harvesting of rainwater. House Bill 192 provides authority for VDH to adopt regulations regarding the use of rainwater which shall describe the conditions under which rainwater may appropriately be used and for what purposes; and shall also provide standards for the use of rainwater harvesting systems, including systems that collect rainwater for use by commercial enterprises but do not provide water for human consumption, as defined in § 32.1-167.
In addition, House Bill 192 directs VDH, in conjunction with the Department of Environmental Quality (DEQ), to promote the use of rainwater as means to reduce fresh water consumption, ease demands on public treatment works and water supply systems, and promote conservation. Further, VDH in conjunction with DEQ shall consider recognizing rainwater as an independent source of fresh water available for use by the residents of the Commonwealth.
A video progress report regarding the development of Rainwater Harvesting Regulations is available HERE. If you have questions, please feel welcome to contact Anthony Creech, Environmental Technical Programs Manager, Division of Onsite Sewage and Water Services, at (804) 864-7470 or by email at anthony.creech@vdh.virginia.gov.
Fast Track Regulatory Process - Moving GMP 147 into the Sewage Handling and Disposal Regulations
January 10, 2022
The FAST track regulation was taken before the Board of Health on December 10, 2021. The Board approved the Regulation to move forward to Executive Branch Review. Upon approval by the Governor, the amendments will be published in the Virginia Register of Regulations. Following publication of the amendments, a public comment period will open for 30 days on Virginia’s online Town Hall. The Regulations will go into effect 15 days after the close of the public comment period unless an objection is received from: a member of the applicable standing committee of the House of Delegates or Senate of Virginia, a member of the Joint Commission on Administrative Rules, or from 10 or more members of the public.
Once approved for publication, the public can track the Regulation and make comments through the Virginia Town Hall
The final version as presented to the Board of Health can be found here: Fast Track as Submitted to BOH – Report Project 6961 11 03 2021
September 13, 2021
Comments received on the July draft can be found here. Comments on July 2021 draft A new draft was developedin response to comments received from the August 18, 2021, Sewage Handling and Disposal Regulation Advisory Committee meeting. Note that only minor changes were made to 12VAC5-610-960 and 966 from the July draft. The new draft can be here. Draft 09 2021 Fast Track Regs GMP 147 This is the version that will begin moving through the Fast Track regulatory process.
August 17, 2021
Comments received on June draft can be found here Comments on June 2020 Draft. A new draft was developed that will be discussed at the August 18, 2021, Sewage Handling and Disposal Regulation Advisory Committee meeting. The new draft can be found here July 2021 Draft Fast Track SHDR Amendments (GMP 147) After this meeting with SHADAC, the draft will be formalized and the regulatory fast track process will begin.
June 16, 2021
Comments received through June 4 on the May draft can be found here Comments on May 2021 Draft A new draft was developed that will be discussed at the June 17, 2021 Sewage Handling and Disposal Regulation Advisory Committee meeting. That new draft can be found here.FAST Track Draft 06 14 2021
May 20, 2021
Comments received through on the March draft through May 15, 2021 can be found here Comments Fast Track through May 15, 2021 The current draft can be found here and will be discussed with the Sewage Handling and Disposal Regulation Committee on May 20, 2021. Draft Fast Track 05 20 2021
April 5, 2021
A second draft of the regulation was produced and presented at the Sewage Handling and Disposal Advisory Committee on March 24, 2021. A copy of this draft can be found here. Fast Track Revised 03 24 2021 Please send comments on this draft by APRIL 15, 2021, to Marcia.Degen@vdh.virginia.gov.
January 11, 2021
VDH is proposing an update to the Sewage Handling and Disposal Regulations (12VAC5-610) to incorporate design elements from rescinded GMP 147.
A copy of the first draft of the proposed regulation can be found on the VDH website under ‘News of Interest’ at this link. VDH is soliciting comments on this first draft through January 15, 2021. (Draft first posted December 18, 2020). Comments may be sent to Marcia.degen@vdh.virginia.gov. Please note that the proposal has not entered into the regulatory process and this first draft is part of a consensus building process. Additional drafts will be developed as needed.
In an effort to gain input on specific questions, VDH has developed a survey. The survey is open to public and private individuals and the results will be used to help guide the next draft. Survey responses will be accepted through January 22, 2021. You can find the survey here.
12/18/2020
The Virginia Department of Health (VDH) is proposing changes to the Sewage Handling and Disposal Regulations (12VAC5-610) that incorporate onsite sewage design elements from rescinded GMP 147. The process has just started and VDH is soliciting comments on a First Draft.
- December 16 2020 Fast Track Reg Presentation
Comments are due January 15, 2021. There WILL be a second draft round and a second request for comments in the future.
February 28/2021
Revisions to the Sewage Handling and Disposal Regulations
VDH is currently in the process of developing revisions to the Sewage Handling and Disposal Regulations (12VAC5-610). To assist in development of these revisions several small stakeholder workgroups were put together to look at specific components of the regulations. Those workgroups meet several times during the summer of 2024. VDH will be presenting the general feedback from those workgroups at the 2024 Virginia Onsite Wastewater Recycling Association conference on November 5, 2024. The session will be open to the public. Notes from previous workgroup meetings can be found on Virginia Townhall at www.townhall.virginia.gov. VDH will update this site with post of draft language as the process moves forward. One suggested revision is to create a guidance document on the general criteria for conducting site and soil evaluations (see below). This document is draft and for discussion purposes only.
TL-3 General Approval for Clearstream N Model Expires December 31, 2018
The TL-3 general approval for the Clearstream N unit expires December 31, 2018. Only the TL-3 general approval will expire. The Clearstream N model maintains its generally approved status for treatment level 2 (TL-2). The Clearstream N model is not and has not been recognized as a nitrogen reducing unit.
This includes ALL N models such as the N, NC, NC2, NC3, NC3T, and NU.
[Clearstream applied for and received TL3 general approval for its Model D units on November 28, 2018. See website under GMP 2016-03 for details.]Existing valid construction permits and construction permit applications received on or before December 31, 2018, proposing to utlize Clearstream N units are unaffected. The Clearstream N unit may be installed under those permits and are subject to sampling requirements for generally approved units (12VAC5-613-100D). When a Clearstream N unit is proposed for construction permit applications received after December 31, 2018, the unit will be considered generally approved for Treatment Level 2 (TL-2) only.
Existing units installed on or prior to December 31, 2018, in association with an approved construction permit for both onsite sewage and stream discharging systems, retain their TL-3 general approval status.
FAQ’s
I submitted a construction application for an onsite sewage system on December 20, 2018, that requires TL-3 and proposes a Clearstream N unit to comply with TL-3 treatment standards. Will my application be denied?
No. The Clearstream N model does not lose its TL-3 general approval until December 31, 2018. Applications proposing Clearstream N models received on or prior to December 31, 2018, will be considered with the TL-3 general approval.
I have a project that I will submit on January 15, 2019, that I intend to use a Clearstream N unit to meet the TL-3 requirement for the site. Will that permit be denied?
For this application submitted after December 31, 2018, the Clearstream N unit will not be generally approved for TL-3. If the application is submitted by a professional engineer under Virginia Code 32.1-163.6, an engineer may propose the unit as non-generally approved for TL-3. Additional sampling under 12VAC5-613-100E for non-generally approved units will be required.
I have a discharging system with a Clearstream N unit installed to meet the TL-3 requirement. Will I have to change out my unit when my permit is renewed?
No. Installed units will maintain their general approval status.
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[1] On July 13, 2010, the Virginia Department of Health (VDH) issued a Treatment Level 3 (TL-3) general approval for the Clearstream N treatment unit under the Emergency Regulations for Alternative Onsite Sewage Treatment Systems (12VAC5-613, Emergency Regulations) and in accordance with the procedures outlined in Guidance, Memorandum, and Policy (GMP) 147. The final regulations, Regulations for Alternative Onsite Sewage Systems (12VAC5-613, AOSS Regulations) replaced the Emergency Regulations and were adopted on December 7, 2011. The AOSS Regulations include a stipulation in 12VAC5-613-30.L that all currently generally approved treatment units shall retain such status for 5 years, after which the units shall be evaluated pursuant to the requirements of the regulations. Subsequently, Clearstream applied for and received a variance to extend the TL3 general approval to December 31, 2018.
Periodic Review of the Regulations for Alternative Onsite Sewage Systems (Last Updated June 6, 2019)
Update June 6, 2019
The update process for the Regulations for Alternative Onsite Sewage System Regulations (AOSS Regulations), 12VAC5-613, has entered it first official step: Publication of the Notice of Intended Regulatory Action (NOIRA). The NOIRA describes the update proposed and allows for comments to be submitted by the public. You can find the NOIRA and the comment page here. The public comment period ends June 28, 2019.
VDH has compiled all of the comments received to date prior to the start of the NOIRA comment period. This compilation organizes the comments by regulatory section from the stakeholder meetings described below as well as additional comments received by staff through June 6, 2019. VDH will create a new draft from the accumulated comments plus any new comments received during the NOIRA comment period. The new draft will be posted here as well as distributed through normal channels. Composite Comments 06 06 2019
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The Virginia Department of Health (VDH) proposes to update the Regulations for Alternative Onsite Sewage Systems (AOSS Regulations), 12VAC5-613. Input from stakeholders to date was used to develop a working draft for proposed revisions. 04 2018 AOSS Regulation Working Draft.
As part of the Periodic Review of the AOSS Regulations, the Virginia Department of Health will conduct statewide listening sessions to gather comment and feedback on the AOSS Regulations and the working draft. We invite you to attend a listening session to learn about the regulation and the proposed changes. If you are unable to attend a session, you may send comments to Marcia Degen at marcia.degen@vdh.virginia.gov, or Karri Atwood at karri.atwood@vdh.virginia.gov.
We look forward to your participation in this regulatory process and appreciate your time and attention to the matter. Below is the agenda, scheduled location, and time of each session:
Meeting Agenda
- Welcome and Overview of Alternative Onsite Sewage Systems (AOSS)
- The AOSS Regulations, 12 VAC 5-613-10, et.seq.
- The Periodic Review Process
- Review of Working Draft Regulation
- Open for Public Comment on Working Draft of the AOSS Regulations.
| Date | Time | Location |
| May 2, 2018
Southwest VA |
1:30 pm to 3:30 pm | Rm 122, Smyth Hall
Wytheville Community College 1000 E. Main St.; Wytheville VA 24382 |
| May 9, 2018
Northern VA |
9:00 am to 11:00 am | Auditorium; Fire and Rescue Training Center 16600 Courage Ct.; Leesburg VA 20175 |
| May 10, 2018
Shenandoah Valley |
10:00 am to 12:00 N | Board Rm; Augusta Co. Government Center
18 Government Center Lane; Verona, VA |
| May 14, 2018
Central VA |
1:30 pm to 3:30 pm | Perimeter Center, Board Rm 4
9960 Mayland Dr.; Richmond VA 23233 |
| May 22, 2018
Eastern VA |
1:30 pm to 3:30 pm | 3rd floor, Training Room A
135 Hall Avenue; Suffolk VA 23434 |
HOW TO SUBMIT COMMENTS: Comments may be submitted at any of the meetings or by email to Marcia.Degen@vdh.virginia.gov or Karri.Atwood@vdh.virginia.gov . Comments on the working draft must be received by June 30, 2018.
NEXT STEPS: A new working draft will be developed from the comments received by June 30, 2018. Focus stakeholder groups will be convened as needed to refine topics. VDH anticipates initiating the formal regulatory process to update the regulations in Fall 2018. During the formal process there will be additional opportunities to comment on the draft proposed regulations.
Onsite Operations and Maintenance Data now Online
New Policies Released for Onsite Sewage and Water Services
GMP 2017-01 Onsite Sewage Application Expectations and Requirements
GMP 2017-02 Repair and Voluntary Upgrade Policy
Long Range Plan Released for Onsite Sewage Program
Board of Health approves fast-track amendments to the Alternative Onsite Sewage System Regulations
The fast-track amendments will encourage owners with older septic systems to improve treatment from what is currently dispersed, resulting in greater public health protection. The requirements for direct dispersal contained in the AOSS Regulations have proven to be an economic stumbling block for owners who want to repair or upgrade older septic systems with newer technology. The draft requirements would only be available to owners of sewage systems already dispersing effluent into groundwater with an average sewage flow of 1,000 gallons/day or less.
The Sewage Handling and Disposal Advisory Committee, consisting of over 15 stakeholder groups, reviewed the fast track amendments for a second time at its September 15, 2016, meeting. All but one of the stakeholders approved the fast-track amendments. The one dissenting vote resulted from the stakeholder wanting the fast track amendments to include new construction or undeveloped property, in addition to voluntary upgrades and repairs. Staff will consider this stakeholder’s position through another regulatory action since many other stakeholders oppose changing performance requirements for undeveloped property.
With the changes, costs will be significantly reduced, perhaps by 50% or more. The fast track amendments will undergo executive branch review and approval now. Following publication of the fast track amendments after executive branch approval, the regulations would take effect 15 days after the close of a 30-day comment period unless 10 or more persons object, or any member of the applicable standing committee of either house of the General Assembly or of the Joint Commission on Administrative Rules objects. In the event of a qualified objection, the fast track amendments would revert to the normal and routine regulatory adoption process.
For more information, contact Dwayne Roadcap at Dwayne.Roadcap@vdh.virginia.gov or (804) 864-7458 or visit this link.
“HB558
On November 28, 2016, the Virginia Department of Health offered its final plan for consideration. You can view the plan here. House Bill 558, of the 2016 General Assembly session, requires the State Health Commissioner to develop a plan for VDH to stop providing evaluation and design services for onsite sewage systems and the placement of private wells on private property because licensed private sector service providers can provide these services.
HB 558 requires the Commissioner’s plan to:
- Provide for the orderly reduction and elimination of evaluation and design services offered by VDH;
- Provide for the protection of public health throughout the transition of reducing and eliminating VDH services;
- Shift VDH evaluation and design services to licensed private sector onsite soil evaluators (OSE), licensed private sector professional engineers (PE), and certified water well system providers (well drillers); and
- Propose legislative, regulatory, or other policy changes necessary to implement the Commissioner’s plan.
Alternative Discharging Regulations
02 03 2016 DRAFT DISCHARGE IMPLEMENTATION MANUAL THROUGH OP
Appendix B Informational Handout to Homeowner
Appendix C1 Transmittal for Combined Application
Appendix C3 Waiver Request Form
Appendix C4 Site Evaluation Form
Appendix C5 Transmittal of Combined App to DEQ
Appendix C6 Denial of Combined App to Owner
Appendix D1 Construction Permit Application
Appendix D2 Construction Plan Review Checklist
Appendix D3 Construction Permit
Appendix D4 Note to Owner RE Operation Permit Requirements
Appendix D5 Denial of Discharging Construction Application
Appendix F2 Construction Inspection Form
Fee Regulations
Regulations for Alternative Onsite Sewage Systems
Historical information: The Virginia Department of Health convened a series of technical advisory committee meetings to seek input for proposed regulations. You can view information about those meetings here. Other related documents regarding the regulations for alternative onsite sewage systems can be found at these links:
IEN Final Report for the Emergency Regulations
Weldon Cooper’s Findings on Owner Experiences using Onsite Sewage Systems in Virginia
Manufacturer’s Operation and Maintenance Instructions
Sewage Handling and Disposal Regulations
Report Documents
- Report Document 32 on HB 2185 (2011 General Assembly), enhancing private sector input
- Report to Governor and General Assembly, November 2011 (Five Year Report)
- Report to the Governor and the General Assembly, January 2007 (Five Year Report)
- VDH Re-engineering Initiative: Prepared by E.L Hamm and Associates, Inc.
Memorandum of Agreement Documents