Interim Requirements | Emergency Regulations | Final Regulations
Two bills approved in 2009 (HB 1788 and SB1276) established new requirements for owners of alternative onsite sewage systems. As of July 1, 2009, the owner of an alternative onsite sewage system must operate that system in accordance with the manufacturer’s operation and maintenance instructions, local requirements, or state regulations and policies, whichever is most stringent. This requirement applies only to alternative systems installed after July 1, 2009, and includes alternative systems or components installed to repair or replace an existing conventional system.
In addition, the owner of any alternative onsite sewage system installed after July 1, 2009, that serves a residential structure will be required to provide notice in the land records of the appropriate circuit court. This notice is intended to inform future owners of the maintenance requirements for each component of the system. The department's guidance document is available here.
Owners who fail to comply with the operation and maintenance requirements risk losing their systems’ operating permits. These interim requirements for operation and maintenance will remain in effect until final regulations for operation and maintenance of alternative systems are adopted, no earlier than late 2010.
VDH is obtaining and reviewing operation and maintenance instructions from the manufacturers involved in the onsite sewage industry in Virginia and those instructions are available here. Please contact your local health department for specific information about your onsite sewage system and whether these new requirements will affect you. Text of the new legislation is available here.
Two bills approved in 2009 (HB 2551 and SB1468) require the Board of Health to adopt emergency regulations establishing performance requirements and horizontal setbacks for alternative onsite sewage systems and regulating the operation and maintenance of those systems. These emergency regulations must be in place by April 6, 2010. The legislation requires a 30-day period for public comment on the emergency regulations, which VDH will develop with stakeholders.
Those interested in obtaining notices and information about the emergency regulations or other regulatory actions should use the Virginia Regulatory Town Hall. Text of the new legislation is available here. Read the emergency regulations here. Text of the notice to the registrar for the emergency regulations is here
Legislation approved in 2007 required the Board of Health to establish a program for regulating operation and maintenance of alternative onsite sewage systems. VDH has worked with stakeholders for several years to develop those regulations as part of a broader effort to incorporate new technology and establish performance requirements.
To communicate these changes, the Board of Health published its most recent Notice of Intended Regulatory Action on October 8, 2008. Citizens interested in obtaining official information about this regulatory action should use the Virginia Regulatory Town Hall.
VDH expects to have the final regulations in place no earlier than the end of 2010. The text of the 2007 legislation for operation and maintenance of alternative onsite sewage systems is available here.