Administrative Code

Virginia Administrative Code
6/25/2022

Part III. Operation and Maintenance Requirements

12VAC5-613-120. Operator responsibilities.

A. Whenever an operator performs a visit that is required by this chapter or observes a reportable incident, he shall document the results of that visit in accordance with 12VAC5-613-190 or as otherwise specified in the operation permit.

B. Whenever an operator performs a visit that is required by this chapter, he shall do so in such a manner as to accomplish the various responsibilities and assessments required by this chapter through visual or other observations and through laboratory and field tests that are required by this chapter or that he deems appropriate.

C. Each operator shall keep an electronic or hard copy log for each AOSS for which he is responsible. The operator shall provide a copy of the log to the owner. In addition, the operator shall make the log available to the department upon request. At a minimum, the operator shall record the following items in the log:

1. Results of all testing and sampling;

2. Reportable incidents;

3. Maintenance, corrective actions, and repair activities that are performed other than for reportable incidents;

4. Recommendations for repair and replacement of system components;

5. Sludge or solids removal; and

6. The date reports were given to the owner.

D. When performing activities pursuant to a visit that is required by this chapter, the operator is responsible for the entire AOSS, including treatment components and soil treatment area components and the operator shall follow the approved 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.

12VAC5-613-130. Sludge and solids removal.

Any person who pumps or otherwise removes sludge or solids from any septic tank or treatment unit of an AOSS shall file a report with the appropriate local health department on a form approved by the division.

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.

12VAC5-613-140. Owner responsibilities.

It is the owner's responsibility to do the following:

1. Have the AOSS operated and maintained by an operator;

2. Have an operator visit the AOSS at the frequency required by this chapter;

3. Have an operator collect any samples required by this chapter;

4. Keep a copy of the log provided by the operator on the property where the AOSS is located in electronic or hard copy form, make the log available to the department upon request, and make a reasonable effort to transfer the log to any future owner;

5. Follow the O&M manual and keep a copy of the O&M manual in electronic or hard copy form for the AOSS on the property where the AOSS is located, make the O&M manual available to the department upon request, and make a reasonable effort to transfer the O&M manual to any future owner; and

6. Comply with the onsite sewage system requirements contained in local ordinances adopted pursuant to the Chesapeake Bay Preservation Act (§ 10.1-2100 et seq. of the Code of Virginia) and the Chesapeake Bay Preservation Area Designation and Management Regulations (9VAC10-20) when an AOSS is located within a Chesapeake Bay Preservation 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.

12VAC5-613-150. Operator requirements for AOSS with flows up to 40,000 GPD, minimum frequency of visits.

The owner of each AOSS shall have that AOSS visited by an operator in accordance with Table 4.

Table 4
Minimum Operator Visit Frequency for AOSSs up to 40,000 GPD

Avg. Daily Flow

Initial Visit

Regular visits following initial visit

≤1,000 GPD

Within 180 calendar days of the issuance of the operation permit

Every 12 months

>1,000 GPD to 10,000 GPD

First week of actual operation

Quarterly

>10,000 GPD to 40,000 GPD

First week of actual operation

Monthly

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.

12VAC5-613-160. Operator requirements for flows greater than 40,000 GPD.

A. AOSSs with average daily flows greater than 40,000 GPD shall be attended by a licensed operator and manned in accordance with the recommendations specified in the Sewage Collection and Treatment Regulations for sewage treatment works (9VAC25-790).

B. When the operating staff cannot be physically present at the treatment works site during the designated manning hours, then the operating staff shall have a method in place for an operator to respond to the operation and maintenance needs of the treatment works within the timeframe provided by the O&M manual or as otherwise directed by the department.

C. Attendance by the operator pursuant to this section shall not be waived.

D. The department may reduce operator or staffing requirements when automatic monitoring, telemetry, or other electronic monitoring or process controls are employed. All reductions must be approved by the division director.

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.

12VAC5-613-170. Operation and maintenance manual.

A. This chapter outlines the minimum requirements for operation, maintenance, sampling, and inspection of AOSSs. Operation, maintenance, sampling, and inspection schedules for some AOSSs may exceed these minimum requirements, in which case the designer is responsible for determining such additional requirements based upon the proposed use, design flow, project area, loading rates, nitrogen removal, treatment level, and other factors.

B. Prior to the issuance of an operation permit, the owner shall ensure that an O&M manual is submitted to the local health department for approval.

C. The O&M manual shall be easily understood by any potential owner and shall include the following minimum items:

1. Basic information on the AOSS design including treatment unit capacity, installation depth, pump operating conditions, a list of the components comprising the AOSS, a dimensioned site layout, sampling locations, and contact information for replacement parts for each unit process;

2. A list of any control functions and how to use them;

3. All operation, maintenance, sampling, and inspection schedules for the AOSS, including any requirements that exceed the minimum requirements of this chapter;

4. The performance (laboratory) data sampling and reporting schedule;

5. The limits of the AOSS design and how to operate the system within those design limits;

6. For systems with flows greater than 40,000 GPD, the O&M manual shall include operational and control testing recommendations that shall be based upon 9VAC25-790-970; and

7. Other information deemed necessary or appropriate by the designer.

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.

12VAC5-613-180. Mandatory visits; inspection requirements.

When an operator is required to make a visit to an AOSS the operator shall, at a minimum, accomplish the following:

1. Inspect all components of the AOSS and conduct field measurements, sampling, and other observations required by this chapter, the O&M manual, or deemed necessary by the operator to assess the performance of the AOSS and its components.

2. Review and evaluate the operation of the AOSS, perform routine maintenance, make adjustments, and replace worn or dysfunctional components with functionally equivalent parts such that the system can reasonably be expected to return to normal operation.

3. If the AOSS is not functioning as designed or in accordance with the performance requirements of this chapter and, in the operator's professional judgment, cannot be reasonably expected to return to normal operation through routine operation and maintenance report immediately to the owner the remediation efforts necessary to return the AOSS to normal operation.

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.

12VAC5-613-190. Reports.

When required to file a report, the operator shall complete the report in a form approved by the division. In accordance with § 32.1-164 H of the Code of Virginia, the operator shall file each report using a web-based system and pay the required fee. The operator may, solely at his own discretion, file reports in addition to those required by this chapter. Each report shall be filed by the 15th of the month following the month in which the visit occurred and shall include the following minimum elements:

1. The name and license number of the operator;

2. The date and time of the report;

3. The purpose of the visit, such as required visit, follow-up, or reportable incident;

4. A summary statement stating whether:

a. The AOSS is functioning as designed and in accordance with the performance requirements of this chapter;

b. After providing routine operation and maintenance, the operator believes the AOSS will return to normal operation; or

c. The system is not functioning as designed or in accordance with the performance requirements of this chapter and additional actions are required by the owner to return the AOSS to normal operation;

5. All maintenance performed or adjustments made, including parts replaced;

6. The results of field measurements, sampling, and observations;

7. The name of the laboratory that analyzed samples, if appropriate; and

8. A statement certifying the date the operator provided a copy of the report in electronic or hard copy form to the owner.

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.

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