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Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
Chapter 610. Sewage Handling and Disposal Regulations
11/21/2024

12VAC5-610-443. Applying for provisional approval.

A. Applications for provisional approval shall be made in writing to the division and shall request provisional approval for a specific system, technology, method or process. The application shall comply with 12VAC5-610-250 regarding the submission of detailed plans and specifications.

B. The application shall include the following:

1. A description of the system's operation including the accepted scientific and engineering principles upon which the system technology, method or process is based.

2. A description of the site criteria required for successful operation of the system.

3. Design criteria for sizing the system to meet all relevant site conditions and waste flow characteristics.

4. Construction procedures for successfully installing a system.

5. Operation criteria and maintenance requirements for the successful use of the system over the life expectancy of the system.

6. Proposed performance standards that the system is expected to meet to determine the success or failure of the system.

7. Documentation giving factual evidence of the principles upon which the system is based demonstrating the capacity for satisfactory performance and operational competency for treating and disposing of effluent. Such evidence must include sufficient basic and applied research to demonstrate that experimental status should be waived. Provisional approval of a product is principally intended to provide a method of full-scale system demonstration; however, limited applied research may be required when in the exclusive opinion of the department, the information obtained from applied research is necessary to the evaluation and decision-making process. Systems, technologies, methods, or processes which have not demonstrated sufficient basic and applied research to support the principles or theory of operation shall be considered experimental.

8. Documentation of at least 50 comparable systems of identical design and capacity having been installed in Virginia or elsewhere. Only systems installed under similar soil and site conditions (if applicable) to the site and soil conditions for which approval is sought in Virginia shall be considered. Additionally, the wastewater flows, strength and other characteristics shall be documented and be similar in both the demonstration systems and the proposed use in the provisional application.

9. Data indicating that the 50 systems identified in subdivision 8 of this subsection have provided both treatment and disposal no worse than a conventional septic tank-drainfield system over a period of time not less than three years.

10. Test results and certifications must be conducted by an accredited college or university, the National Sanitation Foundation, entities accredited by the American National Standards Institute, or other testing groups that may be acceptable to the division as being impartial and competent in testing or evaluating wastewater treatment and disposal methods.

C. An application submitted according to this section and containing the information required by subsections A and B of this section shall be considered a completed application.

Statutory Authority

§§ 32.1-12 and 32.1-164 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 16, Issue 16, eff. July 1, 2000.

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