Virginia Law

Article 1. Collection and Conveyance Sewers

9VAC25-790-310. Design factors.

Article 1
Collection and Conveyance Sewers

A. Sewage collection systems shall be designed and constructed to achieve total containment of the predicted sewage flows contributed from the established service area and population. New combined sewers receiving direct storm water drainage shall not be approved. Interceptor sewers for existing combined sewers shall be designed and constructed to prevent the discharge of inadequately treated wastes. Overflows from intercepting sewers shall be managed in accordance with the issued certificate or permit.

B. Basis. In general, sewer systems should be designed for the estimated ultimate tributary population with an upper limit consisting of the 50-year population growth projection, except when considering parts of the systems that can be readily increased in capacity. Consideration shall be given to land use plans and to other planning documents and to the maximum anticipated capacity of institutions, industrial parks, apartment developments, etc.

C. Factors. In determining the required capacities of sanitary sewers, the following factors shall be considered:

a. Maximum hourly sewage flow.

b. Additional maximum sewage or wastewater flows from industrial sources.

c. Ground water infiltration.

d. Topography of area.

e. Location of sewage treatment works.

f. Depth of excavation.

g. Pumping requirements.

h. Occupancy rates.

D. Capacity. New sewer system capacity shall be designed on the basis of an average daily per capita flow of sewage of not less than that set forth in Table 3 (9VAC25-790-460) of this chapter. These figures are assumed to include infiltration but do not address inflow. When deviations from the foregoing per capita rates and established peak flow factors are proposed, a description of the procedure used to establish those design flows shall be included with the submission for the purpose of this chapter, the following list defines the various collection system components that are to be designed to transmit peak flow rates:

1. "Lateral" means a sewer that has no other common sewers discharging into it.

2. "Submain" means a sewer that receives flow from one or more lateral sewers.

3. "Main or trunk" means a sewer that receives sewage flow from one or more submain sewers.

4. "Interceptor" means a sewer that receives sewage flow from a number of gravity mains, trunk sewers, sewage force mains, etc.

The minimum peak design capacity for lateral and submain sewers should be 400% of the average design flow.

Minimum peak design capacity of main, and trunk, sewers should be 250% of the average design flow.

Minimum peak design for interceptor sewers shall be 200% of the average design flow.

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-370 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-310, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

9VAC25-790-320. Design details.

A. Sizing. For the purpose of this chapter the gravity sewer design details as described herein represent the best available standards of practice. Hydraulic computations and other design data should clearly establish the capacity of proposed sewers that do not conform to the minimum standards included in this section.

1. Sewer size shall not be less than eight inches in diameter, except under the following conditions:

a. Laterals serving six connections or fewer on cul de sacs or as sidewalk collector lines may be six inches in diameter.

b. Sewer lines carrying settled sewage, such as septic tank effluent, may be as small as 1-1/2 inches in diameter.

2. Engineering calculations and justifications indicating that reduced line sizes are adequate shall be included with the submission.

B. Placement. Gravity sewers shall be of suitable material and placed such that their design capacity is maintained and leakage into and out of the pipelines is within allowable values.

1. Sewers shall be installed at a sufficient depth to prevent ice formation due to cooling of the wastewater flows, resulting in blockage of the flow channel. Sewers carrying nonsettled sewage and sewers carrying settled sewage shall be designed and constructed to give mean velocities, when flowing full, of not less than two feet per second and 1.3 feet per second, respectively, based on Manning's formula using a pipe material roughness coefficient ("n") value of 0.014. Use of other "n" values and slopes less than those specified herein shall be justified on the basis of pipe material specifications, research, or field data, presented with the submission for approval.

2. The following list represents the minimum slopes, which should be provided for gravity sewers; however, slopes greater than those listed are desirable:

3. Decreased slopes may be provided where the depth of flow will be 0.3 of the diameter or greater for design average flow. Whenever such decreased slopes are selected, design consultants must furnish, with their report, computations of the depth of flow in such pipes at minimum, average, and peak daily or hourly rates of flow. Otherwise, it must be recognized that decreased slopes may require available resources for additional sewer maintenance.

4. Sewers shall be installed with uniform slope between manholes.

5. Sewers constructed on 20% slope or greater shall be anchored securely with concrete anchors or equal. Suggested minimum anchorage is as follows:

a. Not over 36 feet center-to-center on grades 20% and up to 35%.

b. Not over 24 feet center-to-center on grades 35% and up to 50%.

c. Not over 16 feet center-to-center on grades 50% and over.

6. Gravity sewers shall normally be installed with a straight alignment between manholes. Curved sewers should be installed only on curved streets, where the curve of the street and the curve of the sewer are concentric. The use of curved alignment for sewers may be considered, with the following restrictions:

a. Justification shall be provided by the design consultant to verify that the curved alignment is more advantageous for that installation.

b. The use of curved sewers shall be limited to conveyance of settled sewage unless the owners can document that the specialized equipment necessary to clean the sewers will be obtained and used as necessary.

c. The minimum radius of the curve shall be based on the maximum allowable joint deflection in accordance with the appropriate ASTM standard or other appropriate standard.

d. The sewers shall be installed with smooth radius curves.

7. Gravity sewer size shall normally remain constant between manholes. Where a smaller sewer joins a larger one, the relative elevations of the inverts of the sewers shall be arranged to maintain approximately the same energy gradient. An approximate method for securing these results, which may be used, is to align the 80% capacity flow level, or to align the internal pipe crown or top invert, of both sewers, at the same elevation.

8. Where velocities greater than 15 feet per second are expected, special provisions shall be made to protect against internal erosion by high velocity. The pipe shall conform to applicable ASTM, AWWA, ANSI, or other appropriate standards or specifications, which provide protection against internal erosion.

9. Any generally accepted material for sewers will be given consideration, but the material selected shall be adapted to local conditions such as character of industrial waste, possibility of septicity, soil characteristics, exceptionally heavy internal-external loadings, abrasions, and similar problems. The pipe material shall conform to applicable ASTM, AWWA, ANSI, or other appropriate standards and the pipe is to be marked with an approved identification such as the specifications standard.

10. All sewers shall be designed to prevent damage from superimposed loads. Proper allowance shall be made for loads on the sewer as a result of the width and depth of the trench.

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-380 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-320, Virginia Register Volume 20, Issue 9, eff. February 12, 2004; Errata 20:12 VA.R. 1526 February 23, 2004.

9VAC25-790-330. Construction details.

A. Pipe joints. The method of joining pipe and the material used shall be included in the design specifications in accordance with ASTM or other nationally recognized standards and the joint material and joint testing shall conform to the appropriate standards and specifications.

1. Sewer joints shall be designed to prevent infiltration and to prevent the entrance of roots.

2. When clay sewer pipe is used, the joints shall be compression joints, made in conformance with the appropriate ASTM specification.

3. When concrete pipe is used, single rubber ring gasket joints shall conform to the appropriate ASTM specification.

4. When asbestos cement pipe, truss pipe, or ductile iron pipe is used, joints using couplings and gaskets shall be made in conformance with the requirements of the appropriate ASTM specification.

5. Joints for plastic material pipe may be of compression gaskets, chemical welded sleeves, or chemical fusion joints per manufacturers' recommendations.

Heat fusion joints may be used for high density polyethylene pipe.

B. Leakage. An acceptance test shall be specified for all gravity sewer lines. The test may be either a hydrostatic test or an air test.

1. Where hydrostatic testing is specified (infiltration or exfiltration), the leakage outward or inward shall not exceed 100 gallons per inch of nominal pipe diameter per mile per day (2,400 gpd/mi maximum) for any section of the system. Manholes should be tested prior to pipeline testing. Where the exfiltration test is employed, the line shall be subjected to a minimum of four feet of head, or up to the head to the top of the previously tested manhole, whichever is the lesser, above the crown of the pipe at the upstream manhole of the section being tested.

2. The infiltration test shall be allowed only when it can be shown that the hydrostatic head outside the pipe is a minimum of four feet or exceeds the upstream manhole depth, whichever is the lesser, above the crown of the pipe for the entire length of the pipe being tested.

3. Where air testing is specified, test methods and acceptability criteria shall be in accordance with the appropriate ASTM specification. Air testing shall generally be acceptable for all types of pipe materials. If air testing is employed, the manholes shall be tested by exfiltration.

4. Manhole leaking standards as specified in 9VAC25-790-350 shall be obtained.

C. Building sewers. Sewerage service lines from buildings (sewers) shall be constructed in accordance with either the Uniform Statewide Building Code of Virginia or this chapter and standards contained in this chapter, depending on jurisdictional considerations as outlined in Part IV (9VAC25-790-940 et seq.) of this chapter. An interceptor, or separation basins, may be required under the provisions of state or local building codes or standards and the provisions of this chapter.

1. Connections shall be made to sewers by replacing a length of pipe with branch fittings, or a clean opening cut with tapping equipment and a "y" type of connection completed and sealed. In some instances a tee-saddle or tee-insert may be attached to the sewer submain to provide a connection.

2. All connections to sewers and manholes shall be made so as to prevent structural damage and infiltration. To meet future needs, stubs, wyes, and tees may be installed if plugged tightly.

D. Trench construction. Class A, B, or C bedding (American Society of Civil Engineers (ASCE) Manuals and Reports on Engineering Practice—No. 36, 1974, Water Pollution Control Federation (WPCF) Manual of Practice—No. 9, 1970, and American Waterworks Association (AWWA) for Installation of Ductile-Iron Water Mains and their Appurtenances (ANSI/AWWA C600-82), 1982, bedding class shall be provided for rigid pipe, and appropriate installation shall be provided for flexible pipe material in accordance with recognized standards and manufacturers' recommendations.

1. Trenches shall be carefully backfilled with excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand and gravel, soft shale, or other approved materials free from large clods of earth or stones larger than one inch in diameter, deposited in six inch layers, and thoroughly and carefully tamped until the pipe has a cover of not less than one foot.

2. The remainder of the backfill shall be placed in the trench in layers not exceeding two feet and thoroughly tamped. No stone or rock larger than five inches in its greatest dimension shall be used in backfilling.

3. Trenches in public roadways shall be excavated, backfilled and compacted in accordance with the standards specified in the Virginia Department of Transportation's Road and Bridge Specifications or other acceptable criteria.

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-390 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-330, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

9VAC25-790-340. Vacuum sewage system.

A. Features. Vacuum sewer systems consisting of small diameter pipes that collect sewage delivered through multiple service connection values and deliver that flow under negative pressure to one or more receiving stations will be considered on a case-by-case basis. The design shall include, but not be limited to, the following criteria:

1. Minimum pipe diameter shall be three inches for nonsettled sewage and 1-1/2 inches for settled sewage.

2. Shut-off valves shall be provided at branch connections with lines exceeding 300 feet and at intervals no greater than 2000 feet on main vacuum lines. Valves shall not obstruct the flow path when fully opened for operation. Gate valves and butterfly valves may not be acceptable if the flow path is obstructed during system operation.

3. Access points equal to the vacuum line diameter shall be provided at the end of main and branch lines and at intervals or locations suitable for operation and maintenance of the system. Access or inspection points shall be provided so that a suitable means for shut off of lines can be readily inserted.

4. Provisions for vacuum testing the piping system shall be described and made available to the department.

B. Connection valves. The minimum diameter of vacuum valves for nonsettled sewage shall be such that a sphere of 2-1/2 inches can pass through. For settled sewage a 1-1/2 inches sphere shall pass through the vacuum valve. Vacuum valves shall be capable of operation under severe climatic conditions such as submerged under water or ice conditions. Air vents shall extend above ground to a level up to the 100-year flood elevation, if practical. Air vent design should provide protection against both freezing and physical damage, where possible. Access to valve pits shall be such that valves may be easily removed and replaced. A holding tank of sufficient volume up to 25% or more of the design daily flow shall be provided upstream of the vacuum valve when the location of the vacuum valve alone does not permit proper system operation.

C. Receiving station. A minimum of two sewage and vacuum pumping units shall be provided for receiving stations. The system shall be capable of handling peak sewage and air flow conditions with one unit out of service. In the overall design, consideration shall be given to pump cooling requirements and features required for pumping moist air containing sewer gases. Provisions for odor control such as exhaust air oxidation or deodorization shall be considered in the system design. The design of the pump station should minimize the discharge of air along with the sewage. The capacity of the collecting tanks shall be sufficient to limit the start frequency of all pumps to less than 12 per hour. The number of collection tanks shall be established to account for system reliability and operability.

1. Provisions shall be made to isolate the receiving vacuum collection tank, vacuum pumps, raw sewage influent line, and raw sewage discharge pumps.

2. The raw sewage pumps shall meet all applicable requirements of this chapter. The negative head created by the vacuum pumps shall be considered in calculating Net Positive Suction Head (NPSH).

D. Service. Adequate service arrangements shall be provided for routine and emergency maintenance and operation. The arrangements shall include:

1. Right of access.

2. Adequate spare valves, spare parts, and service tools.

3. Monitoring, alarm system to locate vacuum loss or valve failure.

E. Operability. The vacuum collection system is to be operated in a manner to prevent the discharge of raw sewage to any waters and to protect public health and welfare by preventing back-up of sewage and subsequent discharge to basements, streets, and other public and private property.

1. Provisions for maintaining interim household service and preventing sewage overflows during system malfunction shall be described and submitted with design information in accordance with this chapter.

2. An alarm system shall be provided capable of alerting maintenance personnel of operational and safety problems in case of malfunction in the collection system.

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-400 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-340, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

9VAC25-790-350. Manholes.

A. Location. Manholes shall be installed at the end of each line of eight-inch diameter or greater; at all changes in grade, size, or alignment; at all intersections; and at distances not greater than 400 feet for sewers 15 inches or less in diameter and 500 feet for sewers 18 inches to 30 inches in diameter, except that distances up to 600 feet may be adequate in cases where adequate modern cleaning equipment for such spacing is provided.

1. Slightly greater spacing may be utilized in larger sewers.

2. Terminal cleanouts may be acceptable in place of manholes, on lines eight inches in diameter or less, on a case-by-case basis. Cleanouts may be used in lieu of manholes for collection of settled sewage. Manholes are required where four or more sewers intersect, or where two or more sewers intersect at depths greater than eight feet. Cleanouts shall be installed at distances not greater than 400 feet for settled sewage systems.

B. Materials. Manholes shall be constructed of materials that will maintain structural integrity throughout the design life of the sewer. Manhole wall and bottom construction shall be such as to ensure water tightness and the Virginia Department of Labor and Industry, Occupational Safety and Health Administration (VOSH) requirements may also specify design requirements. Confined space entry restrictions are to be met. For those manholes and vertical sections of pipe tees used for maintenance access, safety slabs or platform benches should be provided at depth intervals of 10 feet or less as required unless adequate access lifting devices are provided in accordance with VOSH or other recognized standards. The use of sections of reinforcing bars as access steps is not recommended for safety considerations.

C. Features. The base inside diameter of manholes and vertical pipe tees used for maintenance access shall be a minimum of 42 inches. The clear opening in the manhole frame shall be a minimum of 24 inches. Larger base diameters are preferred.

1. The manhole foundation shall be adequately designed to support the manhole and any superimposed loads that may occur.

2. The flow channel through manholes shall be of such shape and slope to provide smooth transition between inlet and outlet sewers and to reduce turbulence. Benches shall be sloped to the channel to prevent accumulation of solids.

3. When the flow direction or horizontal deflection of a sewer line varies significantly, elevation changes may be necessary to provide for head losses. The minimum vertical change in elevation from upstream to downstream should provide for a head loss of up to 3 inches or more, when ninety degrees of deflection is specified.

4. Watertight manhole covers or watertight manhole inserts shall be used whenever the manhole tops may be flooded for several hours or more. As a minimum, watertight manhole covers or watertight manhole inserts shall be used when the manhole top is below the elevation of the 100-year flood/wave action.

5. Masonry manholes of brick or segmented block and the nongasketed joints of precast manholes shall be waterproofed on the exterior with suitable coatings (e.g., cement supplemented with bituminous).

6. Inlet and outlet pipes shall be joined to the manhole with a gasketed flexible watertight connection or any watertight connection arrangement that allows differential settlement of the pipe and manhole wall to take place without destroying the watertight integrity of the line connections.

7. Ventilation of gravity sewer systems shall be provided where continuous watertight sections greater than 1,000 feet in length are incurred.

8. In accordance with this chapter and standards contained in this chapter, frames, and covers shall be of suitable material and designed to accommodate prevailing site conditions. Ventilation, safety lines, hoist arrangements and other requirements, as necessary for material maintenance access, should be provided in accordance with VOSH requirements.

9. A drop pipe should be provided for an upstream sewer entering a manhole at an elevation of 24 inches or more above the manhole invert unless sewer pipe crowns match elevations, or as may otherwise be required to conform to the use of standard fittings in the drop pipe construction. Where the difference in elevation between the incoming sewer and the manhole invert is less than 24 inches, the invert shall be filleted to prevent solids deposition. A drop pipe shall be used when the upstream to downstream invert difference exceeds 24 inches and the sewer deflects horizontally at a manhole. The drop through the manhole should be a maximum of four inches for a 90° horizontal deflection.

D. Leakage testing. Manholes may be tested for leakage at the same time that gravity sewer lines are being hydrostatically tested for leakage. For manholes greater than four feet in depth whose entire depth was not included in the hydrostatic testing of the sewer line, the manholes shall be tested by exfiltration. Inflatable stoppers shall be used to plug all lines into and out of the manhole being tested. The manhole shall be filled with water to the top of the rim. A maximum 12-hour soak shall be allowed. Leakage shall not exceed 0.25 gallon per hour (gph) per foot of depth.

1. If air testing of sewer lines is employed, the manholes shall normally be tested by exfiltration. Inflatable stoppers shall be used to plug all lines into and out of the manhole being tested. The stoppers shall be positioned in the lines far enough from the manhole to ensure testing of the untested portions of the lines. The manhole shall then be filled with water to the top of the rim. A maximum 12-hour soak shall be allowed. Leakage shall not exceed 0.25 gph per foot.

2. Air testing or vacuum testing of manholes for leakage may be considered on a case-by-case basis. It is important that the entire manhole from the invert to the top of the rim be tested.

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-410 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-350, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

9VAC25-790-360. Water quality and public health and welfare protection.

A. Design integrity. The tops of all sewers entering or crossing streams shall be at a sufficient depth below the natural bottom of the streambed to protect the sewer line. In general, one foot of suitable cover shall be provided where the stream is located in rock and three feet of suitable cover in other material. Less cover will be considered if the proposed sewer crossing is encased in concrete and will not interfere with future improvements to the stream channel. Reasons for requesting less cover shall be given in the application. Below paved channels, the crown of the sewer lines should be placed under the channel pavement. Sewers shall remain fully operational during the 25-year flood/wave action. Sewers and their appurtenances located along streams shall be protected against the normal range of high and low water conditions, including the 100-year flood/wave action. Sewers located along streams shall be located outside of the streambed wherever possible and should be sufficiently removed therefrom to provide for future possible channel widening. Reasons for requesting sewer lines to be located within streambeds shall be given in the application.

1. Sewers entering or crossing streams shall be constructed of watertight pipe. The pipe and joints shall be tested in place and shall exhibit zero infiltration. Sewers laid on piers across ravines or streams shall be allowed only when it can be demonstrated that no other practical alternative exists. Such sewers on piers shall be constructed in accordance with the requirements for sewers entering or crossing under streams. Construction methods and materials of construction shall be such that sewers will remain watertight and free from change in alignment or grade due to anticipated hydraulic and physical loads, erosion, and impact.

2. Depressed sewers or siphons shall have not less than two barrels, with a minimum pipe size of six inches and shall be provided with necessary appurtenances for convenient flushing and maintenance; the inlet and outlet chambers shall be designed to facilitate cleaning; and, in general, sufficient head shall be provided and pipe sizes selected to secure velocities of at least three feet per second for average flows. The inlet and outlet details shall be arranged so that normal flow is diverted to one barrel and so that either barrel may be removed for service or cleaning.

B. Water supplies. No general requirement can be made to cover all conditions. Sewers shall meet the requirements of the appropriate reviewing agency with respect to minimum distances to structures and pipelines utilized for drinking water supplies. There shall be no cross connection between a drinking water supply and a sewer, or appurtenance thereto.

1. The requirements of the Virginia Waterworks Regulations (12VAC5-590) shall be satisfied.

2. The requirements of the Virginia Sewage Handling and Disposal Regulations (12VAC5-610) shall be satisfied.

3. No sewer line shall pass within 50 feet of a drinking water supply well, source, or structure unless special construction and pipe materials are used to obtain adequate protection. The proposed design shall identify and adequately address the protection of all drinking water supply wells, sources, and structures up to a distance of 100 feet of the sewer line installation.

4. Sewers shall be laid at least 10 feet horizontally from a water main. The distance shall be measured edge-to-edge. When local conditions prohibit this horizontal separation, the sewer may be laid closer provided that the water main is in a separate trench or an undisturbed earth shelf located on one side of the sewer and the bottom of the water main is at least 18 inches above the top of the sewer. Where this vertical separation cannot be obtained, the sewer shall be constructed of water pipe material in accordance with AWWA specifications and pressure tested in place without leakage prior to backfilling. The hydrostatic test shall be conducted in accordance with the most recent edition of the AWWA standard (ANSI/AWWA C600-82) for the pipe material, with a minimum test pressure of 30 psi.

5. Sewers shall cross under water mains such that the top of the sewer is at least 18 inches below the bottom of the water main. When local conditions prohibit this vertical separation, the sewer shall be constructed of AWWA specified water pipe and pressure tested in place without leakage prior to backfilling, in accordance with the provisions of this chapter. Sewers crossing over water mains shall:

a. Be laid to provide a separation of at least 18 inches between the bottom of the sewer and the top of the water main.

b. Be constructed of AWWA approved water pipe and pressure tested in place without leakage prior to backfilling, in accordance with the provisions of this chapter.

c. Have adequate structural support to prevent damage to the water main.

d. Have the sewer joints placed equidistant and as far as possible from the water main joints.

6. No water pipe shall pass through or come into contact with any part of a sewer manhole. Manholes shall be placed at least 10 feet horizontally from a water main whenever possible. The distance shall be measured edge-to-edge of the pipes or structures. When local conditions prohibit this horizontal separation, the manhole shall be of watertight construction and tested in place.

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-420 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-360, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

9VAC25-790-370. System access.

Sewer location should be within streets, alleys, and utility rights-of-way. Approvals shall be obtained from the appropriate jurisdictions for placement of sewers within these boundaries.

Where it is impossible to avoid placing sewers (and manholes/cleanouts) on private property, the owner shall have recorded easements or have filed certificates of condemnation from all parties possessing or having legal interest in an adequate right-of-way necessary for proper installation, maintenance, operation, and removal of sewerage facilities. These easements shall include provisions for controlling the location of fences, buildings, or other structures within the easement and shall be shown on the plans.

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-430 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-370, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.