Title of Regulation: 12VAC5-613. Emergency Regulations for Alternative Onsite Sewage Systems (adding 12VAC5-613-10 through 12VAC5-613-200).

Statutory Authority: § 32.1-164 of the Code of Virginia.

Effective Dates: April 7, 2010, through October 7, 2011.

Pursuant to § 2.2-4011 of the Code of Virginia, the Virginia Department of Health (VDH) requested a six-month extension of the above-referenced emergency regulations to complete the requirements of the Administrative Process Act. The emergency regulations were published in 26:17 VA.R. 2394-2403 April 26, 2010 (http://register.dls.virginia.gov/vol26/iss17/v26i17.pdf).

Chapter 220 of the 2009 Acts of Assembly required the State Board of Health to adopt emergency regulations establishing performance requirements and horizontal setbacks for alternative onsite sewage systems as necessary to protect public health and the environment. The emergency regulations became effective April 7, 2010, and expire April 6, 2011. A Notice of Intended Regulatory Action was published simultaneously with comment until May 26, 2010; the board received nine comments.

In June and July 2010, VDH staff identified and consulted with stakeholders and formed a technical advisory committee (TAC) to review the comments and emergency regulations. The TAC held meetings on July 9, 13, and 16, 2010. VDH considered the TAC's discussion and recommendations and drafted the proposed permanent regulations. The State Health Commissioner acted on behalf of the board to propose the regulations. The Office of the Attorney General completed its review of the regulations on August 20, 2010. Proposed regulations were submitted for executive review on August 23, 2010. The Department of Planning and Budget's approval was given on October 7, 2010, and the Secretary of Health and Human Resources' approval was given on October 28, 2010. The proposed regulations were approved by the Governor's office on November 2, 2010, and published in the Virginia Register of Regulations on December 6, 2010 (http://register.dls.virginia.gov/vol27/iss07/v27i07.pdf), for a 60-day comment period, which ended February 4, 2011.

Following the close of the comment period, VDH must consider the comments, revise the proposed permanent regulations as needed, and present the regulations to the State Board of Health for final approval. The Office of the Attorney General, Department of Planning and Budget, Secretary of Health and Human Resources, and Governor must review the final regulations as required by Executive Order 14 (2010). It is expected that approvals will not likely be completed in time to publish the final regulations and have them effective prior to the date that the emergency regulations expire.

The Governor approved VDH's request to extend the expiration date of the emergency regulation for six months as provided for in § 2.2-4011 D of the Code of Virginia. Therefore, the regulations will continue in effect through October 7, 2011.

Agency Contact: Allen Knapp, Director, Division of Onsite Sewage and Wastewater Services, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7470, or email allen.knapp@vdh.virginia.gov.