Administrative Code

Virginia Administrative Code
6/25/2022

Part V. Waivers from Certain Performance Requirements

12VAC5-613-210. Waivers from certain performance requirements.

A. A professional engineer designing a treatment works pursuant to § 32.1-163.6 of the Code of Virginia may deviate from the design criteria in subdivisions 10, 11, and 13 of 12VAC5-613-80 and from the laboratory sampling location specified in 12VAC5-613-100 B through F in accordance with this part.

B. Designs pursuant to this part shall at a minimum be substantiated by:

1. Documentation from applicable engineering standards, texts, or other publications;

2. Relevant peer-reviewed research; or

3. Regulations or technical guidance from other states or the U.S. Environmental Protection Agency.

C. The soil treatment area shall be adequately sized to accommodate the hydraulic and organic capacity of the underlying soil to be used;

D. Sampling and monitoring pursuant to 12VAC5-613-100 B through F may be accomplished either in situ, immediately beneath the soil treatment area and within 24 inches of the point of effluent application, or within the treatment system at a point identified by the design engineer.

1. The professional engineer shall provide a sampling and monitoring plan to demonstrate that the design complies with the water quality standards in 12VAC5-613-90.

2. For in situ monitoring, the design engineer shall specify locations within the soil treatment area's zone of influence (i.e., mounding) where samples representative of the effluent quality being achieved by the treatment works can be collected. Monitoring wells or lysimeters shall be located at least six inches above any seasonal or permanent water table. Monitoring may be conducted using sampling wells, lysimeters, or other methods approved by the department. Suction lysimeters may not be used for fecal coliform monitoring.

3. The design engineer shall identify an intermediate compliance point (or points) within the treatment system along with corresponding constituent concentrations (e.g., BOD5, fecal coliforms) for use if in situ monitoring is not desired or if an in situ sample cannot be obtained for any reason. The intermediate compliance point and the corresponding constituent concentrations shall be approved by the department. The AOSS operation permit shall be conditioned upon compliance with the constituent concentrations approved pursuant to this subdivision.

E. The following additional performance requirements shall apply to in situ monitoring:

1. BOD5 less than or equal to 5 mg/l.

2. Fecal coliforms less than or equal to 2.2 col/100 ml.

F. The frequency of sampling shall be in accordance with 12VAC5-613-100.

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.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.