In 2022, the General Assembly approved legislation (HB 769) that directed the Virginia Department of Health (VDH) to manage and enforce Chesapeake Bay septic tank pump-out requirements within the Three Rivers and Eastern Shore health districts. Previously, this enforcement was the responsibility of the local governments. This legislation takes effect July 1, 2023, and includes a requirement for maintenance providers to report pump-outs within those districts using a web-based reporting system developed by VDH. To implement this reporting tool, VDH made changes to the existing MyHD platform. While the legislation specifically identifies the two health districts as a pilot program, the MyHD portal will accept pump-out reports and other maintenance information from licensed/permitted providers from across the Commonwealth.
Chesapeake Bay Preservation Areas Designation and Management RegulationsIn 1988, the General Assembly enacted the CBPA, followed in 1989 by the Chesapeake Bay Preservation Area Designation and Management Regulations (CBPADM Regulations). The CBPADM Regulations require the 84 local governments defined as “Tidewater Virginia” to amend existing ordinances, regulations, and enforcement mechanisms to meet certain performance criteria for the protection of water quality, including a requirement that OSS located within locally designated Chesapeake Bay Preservation Areas be either pumped out or inspected at least once every five years. The specific requirements for each locality are established and enforced through local government ordinances.
Under the Chesapeake Bay Total Maximum Daily Load (TMDL), OSS pump-outs are one of three septic Best Management Practices (BMP) used to attain required nitrogen reductions. Phase I of the WIP states OSS are assumed to load 8.92 pounds of nitrogen per person per year at the edge of the drainfield. Each pump-out provides a credit of 5 percent reduction of nitrogen. A successful pump-out program will reduce nitrogen inputs from OSS and help Virginia meet its TMDL goals.
Section H.2.2.1.3 of Appendix H: Tracking Best Management Practice Nutrient Reductions in the Chesapeake Bay Program provides the justification for this BMP, estimating that pump-outs reduce nitrogen loads by five percent. (Palace et. al. 1998) In 2014, the On-site Wastewater Treatment Systems Nitrogen Reduction Technology Expert Review Panel conducted a verification analysis of the BMP. They found the BMP to be justified for 5 percent reduction (or 1.1 lbs.) based on: i) average occupancy of 2.5 person/household for the year that the pump-out occurs, and ii) a pump-out frequency of once every five years.
During the 2019 Session, the General Assembly approved Chapter 429 of the Acts of the Assembly (HB 2322), directing VDH to develop a plan for the oversight and enforcement of OSS pump-out requirements pursuant to the CBPA. The plan was limited to counties eligible for participation in the Rural Coastal Virginia Community Enhancement Authority (RCVCEA) pursuant to Chapter 76 (§ 15.2-7600 et seq.) of Title 15.2 of the Code of Virginia (the Code). The RCVCEA covers the 12 counties within the Eastern Shore, Middle Peninsula, and Northern Neck regions of Virginia: Accomack, Essex, Gloucester, King and Queen, King William, Lancaster, Mathews, Middlesex, Northampton, Northumberland, Richmond, and Westmoreland. Participation by localities in the RCVCEA is voluntary.
In December 2019, VDH provided an interim progress report on development of the plan. In August 2021, VDH provided a final plan based on feedback from staff, local government, DEQ, and services providers.
During the 2022 Session, the General Assembly approved Chapter 486 of the 2022 Virginia Acts of Assembly, which directed the VDH to take over the oversight and enforcement of septic tank pump-outs as outlined in HB 2322 final plan.
Pursuant to Chapter 486 of the 2022 Virginia Acts of Assembly, VDH is responsible for management and enforcement of OSS pump-outs required by the CBPA within the following localities effective July 1, 2023: Accomack, Essex, Gloucester, King and Queen, King William, Lancaster, Mathews, Middlesex, Northampton, Northumberland, Richmond, and Westmoreland counties and the incorporated towns within those counties. Licensed operators conducting OSS pump-outs in these localities are required to report the results of their site visit using a web-based reporting tool developed by VDH. Chapter 486 of the 2022 Virginia Acts of Assembly also established that anyone violating the OSS pump-out requirements managed by VDH is guilty of a Class 3 misdemeanor.
Chapter 486 of the 2022 Virginia Acts of Assembly requires VDH to provide outreach and education to homeowners to ensure compliance with OSS pump-out requirements. The legislation also required VDH to submit an interim report to the Chairmen of the House Committee on Health, Welfare and Institutions by December 1, 2024. The legislation also requires VDH to submit this final report by December 1, 2025. The reports are to detail compliance with OSS pump-out requirements within the localities outlined in Chapter 486 of the 2022 Virginia Acts of Assembly and include recommendations to improve compliance.