Virginia Law

Part II. Performance Requirements

12VAC5-613-80. Performance requirements; general.

All AOSS designed, constructed, and operated pursuant to this chapter shall comply with the following performance requirements unless waived pursuant to 12VAC5-613-210:

1. The presence of raw or partially treated sewage on the ground's surface or in adjacent ditches or waterways is prohibited;

2. The exposure of insects, animals, or humans to raw or partially treated sewage is prohibited;

3. The backup of sewage into plumbing fixtures is prohibited;

4. The direct dispersal of effluent into ground water shall comply with 12VAC5-613-90 C;

5. All treatment units and treatment systems shall be designed for the anticipated receiving wastewater characteristics and peak flow;

6. Dosing of the treatment unit or treatment system shall accommodate the design peak flow within the treatment unit's rated capacity;

7. The AOSS shall be designed so that all components are of sufficient structural integrity to minimize the potential of physical harm to humans and animals;

8. The conveyance system for any AOSS shall be designed and installed with sufficient structural integrity to resist inflow and infiltration and to maintain forward flow;

9. The AOSS shall be designed to minimize noise, odor, or other nuisances at the property boundary;

10. Maximum trench bottom hydraulic loading rates for pressure-dosed systems using TL-2 and TL-3 effluent are found in Table 1 and are to be used as follows:

a. The designer is responsible for reducing loading rates according to the features and properties of the soils in the soil treatment area as well as for reducing loading rates for other types of dispersal;

b. Adherence to the maximum trench bottom hydraulic loading rate criteria herein does not assure or guarantee that other performance requirements of this chapter, including effluent dispersal or ground water quality, will be met. It is the designer's responsibility to ensure that the proposed design is adequate to achieve all performance requirements of this chapter;

c. Trench bottom hydraulic loading rates for pressure-dosed systems shall not exceed the values in Table 1;

d. Hydraulic loading rates shall be incrementally reduced from the TL-2 values in Table 1 when a treatment unit or system is not designed to achieve TL-2 or TL-3. In such cases, the designer shall, for monitoring purposes, specify the effluent quality of the treatment unit. If the specified BOD₅ exceeds 60 mg/l, the designer shall use loading rates for septic tank effluent;

e. Trench bottom hydraulic loading rates for gravity dosed systems shall be reduced from the values in Table 1; and

f. Area hydraulic loading rates for systems such as drip dispersal, pads, and mounds shall be reduced from the values in Table 1 and shall reflect standard engineering practice.

11. Septic tank effluent may only be discharged to a soil treatment area when the vertical separation to a limiting feature consists of at least 18 inches of naturally-occurring, in-situ soil. AOSSs designed to disperse septic tank effluent require at least 12 inches of soil cover over the soil treatment area;

12. Whenever the depth to a permeability limiting feature on the naturally occurring site is less than 18 inches as measured from the ground surface, whenever the treatment works does not provide at least 18 inches of vertical separation to a permeability limiting feature, or whenever the design is for a large AOSS, then the following shall apply:

a. The designer shall demonstrate that (i) the site is not flooded during the wet season, (ii) there is a hydraulic gradient sufficient to move the applied effluent off the site, and (iii) water mounding will not adversely affect the functioning of the soil treatment area or create ponding on the surface;

b. For large AOSSs, the department may require the owner to monitor the degree of saturation beneath the soil treatment area to verify that water mounding is not affecting the vertical separation; and

c. For any system in which artificial drainage is proposed as a method to meet the requirements of this chapter, the designer shall provide calculations or other documentation sufficient to demonstrate the effectiveness of the proposed drainage.

13. The following minimum effluent quality shall be met for the described vertical separation to limiting feature as measured from the point of effluent application or the bottom of the trench or other excavation:

14. The designer shall specify methods and materials that will achieve the performance requirements of this chapter whenever sand, soil, or soil-like material is used to increase the vertical separation.

15. All treatment units or treatment systems shall prevent the bulking of solids to the treatment area.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 28, Issue 5, eff. December 7, 2011.

12VAC5-613-90. Performance requirements; ground water protection.

A. The AOSS shall not pose a greater risk of ground water pollution than systems otherwise permitted pursuant to 12VAC5-610. After wastewater has passed through a treatment unit or septic tank and through the soil in the soil treatment area, the concentration of fecal coliform organisms shall not exceed 2.2 cfu/100 ml at the lower vertical limit of the project area boundary.

B. Each large AOSS shall comply with TN limit of 5 mg/l at the project area boundary. Prior to the issuance of a construction permit, the designer shall demonstrate compliance with this requirement through modeling or other calculations. Such demonstration may incorporate multiple nitrogen removal methods such as pretreatment, vegetative uptake (only for AOSSs with shallow soil treatment areas), denitrification, and other viable nitrogen management methods. Ground water and other monitoring may be required at the department's discretion.

C. AOSSs with direct dispersal of effluent to ground water are subject to the following requirements:

1. If the concentration of any constituent in ground water is less than the limits set forth at 9VAC25-280, the natural quality for the constituent shall be maintained; natural quality shall also be maintained for all constituents not set forth in 9VAC25-280. If the concentration of any constituent in ground water exceeds the limit in the standard for that constituent, no addition of that constituent to the naturally occurring concentration shall be made. The commissioner shall consult with the Department of Environmental Quality prior to granting any variance from this subsection.

2. Ground water and laboratory sampling in accordance with 12VAC5-613-100 G.

3. The treatment unit or system shall comply with the following at a minimum:

a. The effluent quality from the treatment unit or system shall be measured prior to the point of effluent application to the soil treatment area and shall be as follows: BOD₅ and TSS concentrations each equal to or less than 5 mg/l; fecal coliform concentrations less than or equal to 2.2 col/100 ml as a geometric mean with no sample exceeding 14 col/100 ml; and TN concentration of less than 5 mg/l;

b. High level disinfection is required; and

c. Treatment systems shall incorporate filtration capable of demonstrating compliance with an average turbidity of less than or equal to 2 NTU prior to disinfection.

4. Gravity dispersal to the soil treatment area is prohibited.

5. Loading rates to the soil treatment area shall not exceed the loading rates in Table 1 of 12VAC5-613-80.

6. A renewable operating permit shall be obtained and maintained in accordance with 12VAC5-613-60 C.

7. The designer shall provide sufficient hydrogeologic analysis to demonstrate that a proposed AOSS will function as designed for the life of the structure served without degradation of the soil treatment area. This shall include a determination of ground water flow direction and rate.

D. The following additional nutrient requirements apply to all AOSSs in the Chesapeake Bay Watershed:

1. All small AOSSs shall provide a 50% reduction of TN as compared to a conventional gravity drainfield system; compliance with this subdivision may be demonstrated through the following:

a. Compliance with one or more best management practices recognized by the division such as the use of a NSF 245 certified treatment; or

b. Relevant and necessary calculations provided to show one or both of the following:

(1) Effluent TN concentration of 20 mg/l measured prior to application to the soil dispersal field; or

(2) A mass loading of 4.5 lbs N or less per person per year at the project boundary provided that no reduction for N is allotted for uptake or denitrification for the dispersal of effluent below the root zone (>18 inches below the soil surface).

2. All large AOSSs up to and including 10,000 gallons per day shall provide a 50% reduction of TN at the project boundary as compared to a conventional gravity drainfield system. Compliance with this subdivision may be demonstrated as follows:

a. A demonstrated effluent quality of less than or equal to 20 mg/l TN measured prior to application to the soil treatment area; or

b. In situ monitoring of the treatment works within 24 vertical inches of the point of effluent application to the soil treatment area to demonstrate the effluent leaving the treatment works has a TN concentration of less than or equal to 20 mg/l. The designer shall identify an intermediate compliance point within the treatment system and a corresponding TN concentration for use in the event that a representative in situ sample cannot be obtained. The intermediate compliance point and the corresponding TN concentration for use must be approved by the department and shall be conditions of the operation permit.

The AOSS operation permit shall be conditioned upon compliance with the constituent concentrations approved pursuant to this subdivision.

3. All large AOSSs over 10,000 gallons per day shall comply with the following TN requirements:

a. A demonstrated effluent quality of less than or equal to 8 mg/l TN measured prior to application to the soil treatment area; or

b. In situ monitoring of the treatment works within 24 vertical inches of the point of effluent application to the soil treatment area to demonstrate the effluent leaving the treatment works has a TN concentration of less than or equal to 5 mg/l. The designer shall identify an intermediate compliance point within the treatment system and a corresponding TN concentration for use in the event that a representative in situ sample cannot be obtained. The intermediate compliance point and the corresponding TN concentration for use must be approved by the department and shall be conditions of the operation permit.

The AOSS operation permit shall be conditioned upon compliance with the constituent concentrations approved pursuant to this subdivision.

4. For direct dispersal of effluent to ground water in the Chesapeake Bay Watershed, TN concentration shall be less than or equal to 3 mg/l and total phosphorus concentration shall be less than or equal to 0.3 mg/l.

E. When an application is filed to repair or voluntarily upgrade an existing sewage system with an average daily sewage flow of 1,000 gallons per day or less, and the existing sewage system already disperses effluent to ground water as defined in 12VAC5-613-10 and the repair or upgrade must also be direct dispersal due to site conditions, then the repair or upgrade shall not be subject to the requirements of subsection C or subdivision D 4 of this section and 12VAC5-613-100 G. The repair or upgrade shall be subject to the following requirements:

1. A minimum 50% reduction of TN as compared to a conventional gravity drainfield system.

2. Provide TL-3 effluent and standard disinfection in accordance with Table 2 of subdivision 13 of 12VAC5-613-80 for systems with less than 12 inches vertical separation to ground water.

3. Monitoring pursuant to 12VAC5-613-100 D or E as appropriate.

F. Subsection E of this section does not apply to any application for repair or voluntary upgrade when the existing sewage system was installed on or after December 7, 2013, and the existing system was designed to meet the performance requirements for direct dispersal of effluent to ground water as set forth in subsection C or subdivision D 4 of this section and 12VAC5-613-100 G.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 28, Issue 5, eff. December 7, 2011; Errata, 28:8 VA.R. 762 December 19, 2011; amended, Virginia Register Volume 33, Issue 20, eff. July 17, 2017.

12VAC5-613-100. Performance requirements; laboratory sampling and monitoring.

A. Laboratory sampling is not required for any small AOSS with an installed soil treatment area that is sized for septic tank effluent and complies with the requirements of 12VAC5-610 for septic tank effluent.

B. All effluent samples must be taken at the end of all treatment, prior to the point where the effluent is discharged to the soil treatment area unless changed pursuant to 12VAC5-613-90 or 12VAC5-613-210. The designer shall identify the sampling points. When required, the sampling point for chlorine disinfection shall be at the end of the chlorine contact tank if TRC is to be used to measure compliance.

C. All sampling and monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency unless other procedures have been specified in this chapter.

D. The owner of each small AOSS must ensure that an initial grab sample of the effluent from the treatment unit is collected within 180 days of system operation. The sample must be analyzed in accordance with 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency within the first 180 days of operation. Thereafter, if the treatment unit has received general approval, a grab sample is required once every five years. Samples shall be analyzed for BOD₅ and, if disinfection is required, fecal coliform. Treatment units utilizing chlorine disinfection may alternatively sample for TRC instead of fecal coliform. Sample results shall be submitted to the local health department by the 15th of the month following the month in which the sample was taken.

E. For small AOSSs that utilize a treatment unit that has not received general approval, in addition to the initial sample required by subsection D of this section, four additional grab samples of the effluent from the treatment unit shall be collected, analyzed, and submitted to the department within the first two years of operation and annually thereafter. The interval for collecting the samples shall not be less than quarterly or more than semiannually. Sample results shall be submitted to the local health department by the 15th of the month following the month in which the sample was taken. After two years of sampling in accordance with this subsection, the owner may submit a request to the department to reduce the sampling frequency to once every five years. The department shall grant such requests if the mean of five or more consecutive samples complies with the applicable performance requirements of this chapter.

F. Sampling and monitoring requirements for AOSS treatment systems with flows greater than 1,000 GPD are contained in Table 3:

*HC – hourly, flow weighted composite samples

**if disinfection required and chlorine used

***if disinfection required and a disinfectant other than chlorine used

G. Systems with direct dispersal to ground water as described in 12VAC5-613-90 C shall comply with the following:

1. Small AOSS treatment systems:

a. Shall incorporate a method to remotely monitor the operation of treatment units and processes, including the status of the disinfection unit, and automatically notify the operator and local health department if an alarm condition occurs;

b. Shall be sampled quarterly in accordance with 12VAC5-613-90 C and as defined in the renewable operating permit; and

c. No treatment units or systems shall be deemed generally approved.

2. Large AOSSs must be continuously monitored for the proper operation of all treatment units. If the wastewater treatment works is not manned 24 hours a day, telemetry shall be provided that monitors all critical systems, including turbidity into the disinfection unit and the functionality of the disinfection unit, and notifies the operator and local health department if an alarm condition occurs.

a. Treatment works with a design flow of less than 40,000 GPD shall be sampled at least monthly in accordance with 12VAC5-613-90 C and as defined in the renewable operating permit.

b. Treatment works with a design flow of 40,000 GPD or greater shall be sampled at the frequency specified in Table 3 of this section. Total phosphorus and other limited parameters not listed in Table 3 of this section shall be conducted at a frequency defined in the renewable operating permit. The treatment works must comply with the continuous operability requirements of a Reliability Class I rating as described in 9VAC25-790. Appropriate backup power sources, equipment redundancy, and failsafe modes must be in place.

3. Ground water monitoring is required for all large AOSSs with direct dispersal of effluent to the ground water and such monitoring shall be conducted in accordance with the renewable operating permit.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 28, Issue 5, eff. December 7, 2011; Errata, 28:6 VA.R. 641 November 21, 2011.

12VAC5-613-110. Performance requirements; field measurements, sampling, and observations.

A. For treatment units or treatment systems with flows greater than 1,000 GPD and less than or equal to 40,000 GPD, the following parameters shall be evaluated or tested when applicable: flow, pH, TRC, DO, odor, turbidity (visual), and settleable solids.

B. For treatment systems with flows greater than 40,000 GPD, the operator shall follow the operational and control testing requirements of the O&M manual.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 28, Issue 5, eff. December 7, 2011.