Title of Regulation: 12VAC5-450. Rules and Regulations Governing Campgrounds (amending 12VAC5-450-10, 12VAC5-450-30 through 12VAC5-450-150, 12VAC5-450-170 through 12VAC5-450-200; adding 12VAC5-450-15, 12VAC5-450-115, 12VAC5-450-183, 12VAC5-450-187; repealing 12VAC5-450-210, 12VAC5-450-230).

Statutory Authority: §§ 35.1-11 and 35.1-17 of the Code of Virginia.

Public Hearing Information:

June 20, 2017 - 1 p.m. - Perimeter Center, Conference Center, 9960 Mayland Drive, Suite 200, Richmond, Virginia 23233

Public Comment Deadline: July 28, 2017.

Agency Contact: David Tiller, Environmental Health Coordinator, Department of Health, P.O. Box 298, Shacklefords, VA 23156, telephone (804) 785-2135, FAX (804) 864-7475, or email dave.tiller@vdh.virginia.gov.

Basis: Section 35.1-11 of the Code of Virginia authorizes the Board of Health to make, adopt, promulgate, and enforce regulations necessary to carry out the provisions of Title 35.1 of the Code of Virginia and to protect the public health and safety. The regulations of the board specifically governing campgrounds pursuant to § 35.1-17 of the Code of Virginia shall include minimum standards for drinking water, sewage disposal, solid waste disposal, maintenance, vector and pest control, toilet and shower facilities, swimming facilities, control of animals and pets, procedures and safeguards for hazardous situations, maintenance and sale of propane gas, and procedures for obtaining a permit. Additionally, the department may also establish classes of campgrounds and concomitant requirements for each as authorized by § 35.1-17 B of the Code of Virginia.

Purpose: The Rules and Regulations Governing Campgrounds (12VAC5-450) have remained unchanged since first becoming effective in 1971. Amending the chapter is essential to protect the health and safety of visitors to the Commonwealth's campgrounds. The current definition of a campground (contained in § 35.1-1 of the Code of Virginia) requires an owner to comply with the regulations when three or more designated campsites are intended for occupancy for periods of overnight or longer. However, festivals and short-term outdoor events occur today that draw large attendance, and temporary camping is often provided. Attempting to meet the requirements of the existing regulations for these short-term duration events has proven burdensome to property owners, and public health and safety can be protected with other controls in place. For these festivals and related events to proceed under the current regulations without undue hardship, waivers must be granted by the commissioner. The commissioner granted 44 waivers to allow for temporary camping throughout the Commonwealth in 2015, and 41 in 2016. Processing waiver requests drains limited staff resources away from mandated services provided by the department and can lead to regulatory inconsistency. Creating new requirements to govern short-term events will provide needed consistency and minimize waiver requests.

Primitive camping, commonly referred to as back country camping, zero-impact camping, or neutral footprint camping, is characterized by the absence of what are generally understood as modern conveniences. Requirements to provide numbered campsites, drinking water, solid waste disposal, and service buildings with modern sanitary facilities for all types of primitive camping is not only an undue hardship placed upon many campground owners, but is also not desired by all campers. By creating an allowance for primitive camping, campers will be permitted to provide their own water supply or means of waste disposal when camping, and campgrounds will not be required to provide numbered sites or showers and flush toilets. Creating distinct provisions for primitive camping areas will be less burdensome on campground owners, while still protecting public health and safety.

The current regulations do not require campground operators to have an emergency response plan in place. Campgrounds, having few or no permanent structures, can be high risk areas during natural disasters or other weather-related emergency events. The proposed amendments will better protect the safety of campers in Virginia by requiring campground operators to compose and maintain an emergency response plan that prepares for camper safety and potential evacuation, promote availability of emergency contact information for campers, and prepare for the communication of emergency response information to campers.

Substance: The proposed action:

1. Creates a new section, and repeals and replaces certain sections related to enforcement, penalties, constitutionality, and exemptions to comply with the Administrative Process Act.

2. Revises definitions for clarity, removes several definitions not needed or used elsewhere in the regulation, and adds a definition for "operator."

3. Revises the description of campground permits to include temporary camping permits and establishes minimum requirements for campground inspection.

4. Adds a requirement for campgrounds utilizing private wells to test for coliform bacteria and nitrates on an annual basis.

5. Reorganizes provisions for sewage disposal and sanitary facilities for clarity.

6. Creates a new section that describes provisions for cabins and other lodging units.

7. Creates a requirement for emergency preparedness planning.

8. Creates a new section to address primitive campgrounds with exemptions and replacement requirements that will protect public health and safety.

9. Creates a new section to address temporary camping events with exemptions and replacement requirements that will protect public health and safety.

Issues: The primary advantage of the proposed amendments is the removal of burdensome requirements for primitive and temporary camping, while still protecting public health and safety. The proposed amendments provide organization and clarity to the existing text, which better facilitates the public's understanding of the regulation. The agency and regulated businesses will benefit from these revisions as they will reduce or eliminate the need for waivers. Including provisions for cabins and other rental units in the regulations reduces additional permitting requirements borne by both campground operators and the agency, as these units have been permitted under the Sanitary Regulations for Hotels (12VAC5-431) in many local health districts. There are no anticipated disadvantages to the public or the Commonwealth with the adoption of the proposed amendments.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. Pursuant to a 2013 periodic review,¹ the State Board of Health (Board) proposes to amend its Rules and Regulations Governing Campgrounds. The Board proposes to reorganize and make clarifying changes to this regulation. The Board also proposes several substantive changes, which include:

1. Adding new rules for cabins and other lodging units.

2. Adding a new regulatory section for primitive campgrounds

3. Adding a new regulatory section for temporary campgrounds.

4. Restricting temporary camping permits to a total length of 14 days during a 60-day period.

5. Increasing the number of portable toilets required for temporary camping events from one portable toilet to every 100 campers to one portable toilet to every 75 campers.

6. Requiring the Virginia department of Health (VDH) Commissioner issue a decision on variance (waiver) requests within 90 days of receiving a variance (waiver) application.

7. Changing the permit renewal schedule to an annual basis.

8. Eliminating a restriction on campgrounds being located adjacent to swamps, marshes, landfills, or abandoned landfills or breeding places for insects or rodents of public health importance.

9. Requiring campgrounds that use private wells to test for coliform bacteria and nitrates annually.

10. Amending the water supply requirements by prohibiting open-bin type ice machines and increasing the required distance between water and sewer connections at most individual campsites from five to ten feet.

11. Eliminating the requirement for a dump station at campgrounds where all campsites that allow self-contained camping units have direct sewer connections.

12. Requiring campgrounds to supply soap and sanitary disposal bins.

13. Requiring doors to the exterior from service buildings to be self-closing.

14. Requiring emergency preparedness planning to include the development of an emergency response plan, development of a written plan for communicating emergency response information to campers, designation of an emergency contact and the posting of contact numbers for police, fire response, and emergency medical services.

Result of Analysis. Benefits likely outweigh costs for most proposed changes. For at least one proposed change, there is insufficient information to ascertain whether benefits will outweigh costs.

Estimated Economic Impact. Many of the changes that the Board proposes for this regulation will not add any new requirements for any entity but instead are intended to reorganize rules in a more orderly, logical fashion and change regulatory language so it is more easily understood by interested parties. For instance, current regulatory language authorizes the Health Commissioner to "make such inspections as are necessary to determine satisfactory compliance with" this regulation but is silent on how frequently inspections will be done. Virginia Code § 35.1-22,² however, requires that inspections occur at least annually. The Board now proposes to add language to this regulation that specifies inspections will occur at least annually for campgrounds that are annually permitted and will occur at least once during any operational period for temporary campgrounds. Changes such as these do not cause any change in practice, so no affected entity is likely to incur any additional costs. To the extent that these changes better detail what is required of regulated entities, interested parties will benefit from the additional clarity they bring to the regulation. Benefits outweigh costs for all such changes. 

Current regulation does not have any statewide rules for cabins and other lodging units that are part of permitted campgrounds. As a consequence, different localities are regulating these facilities differently. Some localities are requiring that cabins and other lodging units be permitted as hotel rooms while other localities are just inspecting these units under general rules that address issues of cleanliness and vermin and insect control. To address this enforcement disparity, and to eliminate the need for cabins in some localities to be permitted as hotel rooms, the Board now proposes to add rules for cabins and other rental units to this regulation.

These proposed rules will require that fixtures, equipment and furnishings in "all cabins, yurts and other camping units" offered for rent be clean, in good repair, free of vermin, and maintained so as to protect the health and safety of people who use such facilities. The Board does not propose to require that cabins and other rental units provide dishes, pots and pans, mattresses, bedding or other linens. If such amenities are provided, however, they must be maintained in a clean, sanitary condition. If the campgrounds do not provide cleaning services that wash dishes, glassware, silverware and cooking implements between occupants, there must be a sign posted that notifies campers that kitchen items are not washed under management supervision.

The proposed rules for cabins and other rental units do not impose any new requirements on campgrounds since such cabins would already be required to be kept clean, in good repair and vermin free. Campgrounds that are in localities that currently impose hotel room requirements on cabins and other rental units, however, may see some fairly large cost savings from these proposed regulations. They could choose, for instance, to not provide linens or bedding in their cabins and rental units. This would save them both the costs of those linens and bedding and the laundering and housekeeping costs associated with keeping linens and bedding clean and in good repair.³

Current regulation has a definition for primitive camps (primitive campsites)⁴ and exempts such camps (campsites) from regulatory requirements for lavatories and showers. The Board now proposes to add specific rules for primitive campgrounds that also exempt primitive campsites from requirements that individual campsites be marked and that exempt primitive campgrounds with 10 or fewer campsites from having to provide potable water and from normal garbage and refuse disposal requirements (so long as there is signage clearly posted that informs campers that there is no potable water at the campgrounds and signage that informs campers that they are expected to remove their own garbage from the campgrounds). These changes will make rules for primitive campgrounds less strict. These proposed changes will likely lower costs for some primitive campgrounds and may provide an aesthetic benefit for campers who prefer to camp with fewer to no amenities.

Current regulation does not have specific provision for events like music festivals, Civil War reenactments, scout jamborees and other short duration programs that may want to allow camping during the event but would have difficulty meeting campground regulation requirements that, for instance, require permanent bathroom structures or a permanent water supply. Currently, event organizers apply to the VDH Commissioner for a waiver (i.e., a variance from current regulation). The Board now proposes to promulgate current waiver standards for temporary camping into regulation and require the Commissioner to issue a decision on waiver requests within 90 days of application receipt. The Board proposes to restrict the duration of temporary camping permits to 14 days within any 60 day period and proposes to change the number of required portable toilets from one for every 100 campers (event attendants) to one for every 75 campers (event attendants). Most of these proposed changes do not represent a change in practice but are only intended to reduce the number of waivers that are processed and issued each year and provide greater clarity and certainty for event organizers who currently must seek waivers. The Board's proposal to decrease the number of campers per required portable toilet will likely increase costs for larger events. The cost of renting additional portable toilets will likely be between $75 and $100 per toilet. The benefits of these proposed rules for temporary campgrounds likely outweigh the costs.

Currently, all Board issued campground permits expire on December 31st of each year. This means that some permits issued during any given year may be valid for a far shorter time period than a year. The Board now proposes to have permits expire one year after they are issued. This change will benefit campgrounds as it may allow them to avoid having to pay for two annual permits in the same year. This change may also benefit Board staff by allowing them to spread out the workload of approving permits over the year rather than having to process them all at once.

Current regulation prohibits campgrounds from being located in, or adjacent to, swamps, marshes, landfills or abandoned landfills, or breeding places for insect or rodents of public health importance. The Board proposes to change this prohibition to remove the "adjacent to" language. Bugs and rodents of all sorts breed in the wild, including in woods and forests near campgrounds. As a practical matter, it is impossible for campgrounds not to be adjacent to breeding places for insects and rodents. Additionally, the Board does not think it is necessary to restrict campgrounds from being adjacent to swamps, marshes or landfills in order to protect public health and safety. This change will benefit owners of campgrounds as it will allow them greater freedom as to where they locate their facilities.

Current regulation only requires private wells to be tested for coliform bacteria when the well is dug. The Board proposes to require campgrounds that use private wells to test those wells annually for both coliform bacteria and nitrates. Board staff reports that these tests will cost between $15 and $60 per test, per well, per year. These costs would need to be weighed against any benefit that might accrue to campers from not being exposed to bacteria and nitrates in campground drinking water. There is insufficient information to ascertain whether benefits will outweigh costs for this change.

The Board also proposes to change campground water requirements to prohibit open-bin type ice machines and to require that water and sewer connections at new campsites be located 10 feet apart rather than the currently required five feet. Campsites that were permitted on or before the effective date of this proposed regulation will be exempt from the changing footage requirement between water and sewer connections unless they conduct construction or renovation that would impact those connections. Board staff reports that larger camps already have to meet the 10 feet requirement that is also in regulations for the Office of Drinking Water (ODW).⁵ Board staff reports that all other currently permitted campgrounds would be exempt from this requirement unless they are doing renovations that include the water and sewer connections. Board staff reports that campgrounds that are undergoing such renovations would likely incur additional costs of several hundred to $1,000 for moving either the water or the sewer connection so that water and sewer connections are 10 feet apart. Some campgrounds might also incur costs for replacing open-bin type ice machines or modifying them so that they can be closed. These costs would need to be weighed against any benefit that might accrue to campers from not being exposed to bacteria contaminated ice or drinking water. There is insufficient information to ascertain whether benefits will outweigh costs for this change.

Current regulation requires all campgrounds to have dump stations.⁶ The Board proposes to exempt campgrounds whose campsites all have direct sewer connections for self-contained camping units (RVs or campers) from also having to have a dump station. This change will not adversely impact any entities as direct sewer connections are at least as protective of public health and safety as dump stations are. Owners of affected campgrounds would likely save between $5,000 and $25,000 on account of not having to install a dump station at qualifying campgrounds.

Current regulation does not require campgrounds to have sanitary disposal bins in women's bathrooms or soap in any bathrooms. The Board proposes to require both of these items. Board staff reports that the Board has not specified the type of soap that campgrounds must provide so campgrounds will have flexibility to use whatever type of soap they choose. Board staff also reports that bar soap can cost between $0.40 to $0.50 per bar and that wall mounted soap dispensers can cost between $9 and $30 (and $12 per gallon for liquid soap to fill dispensers). Board staff did not have an estimate for what sanitary disposal bins might cost but that cost is likely minimal. These changes will provide the benefit of convenience for campers and may also impede the spread of diseases that can be spread by fecal matter on unwashed hands.

The Board also proposes to newly require the exterior doors of service buildings to be self-closing to prevent animals and insects from having unimpeded access to such buildings. Board staff reports that the costs of meeting this requirement could be as little as a few cents for a spring that will swing a door shut after it is opened.

 Current regulation does not require that campgrounds have an emergency response plan for natural disasters or other emergencies. In response to a tornado emergency that resulted in deaths at a campground, the Board now proposes to require campgrounds to engage in emergency preparedness planning to include the development of an emergency response plan, designation of an emergency contact, development of a written plan for communicating emergency response information to campers and the posting of contact numbers for police, fire response, and emergency medical services. Owners of campgrounds will incur time costs for developing required emergency plans as well as printing costs for required written plans as well as for printing off emergency numbers to post on account of this proposed change. Campers may greatly benefit from this requirement as it may allow them to find out about impending or ongoing emergencies in time to minimize the impact of those emergencies.

Businesses and Entities Affected. These proposed regulatory changes will affect all permitted campgrounds located in the Commonwealth as well as any time-limited festivals, events or jamborees that might seek permits as temporary camping sites. Board staff reports there are 370 campgrounds currently permitted in Virginia. Of these, 27 are located in state parks and 13 are owned by the KOA Corporation. The remainder (330) are owned and operated by small businesses.

Localities Particularly Affected. No locality will be particularly affected by these proposed regulatory changes.

Projected Impact on Employment. These proposed regulatory changes are unlikely to significantly affect employment in the Commonwealth.

Effects on the Use and Value of Private Property. These proposed regulatory changes are unlikely to affect the use or value of private property in the Commonwealth.

Real Estate Development Costs. These proposed regulatory changes are unlikely to affect real estate development costs in the Commonwealth.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. Affected small businesses will likely incur costs for well water testing, providing soap and sanitary disposal bins and for time spent on formulating and writing emergency response plans. Affected small businesses will also likely incur costs for replacing or repairing open-bin type ice machines and for modifying exterior doors for service buildings so that they are self-closing. Affected small businesses may incur costs for moving sewer or water connections if they initiate renovations that affect those connections at some point in the future.

Alternative Method that Minimizes Adverse Impact. There are likely no alternative methods that would both meet the Board's aims and further minimize costs.

Adverse Impacts:

Businesses. Affected businesses will likely incur costs for well water testing, providing soap and sanitary disposal bins and for time spent on formulating and writing emergency response plans. Affected businesses will also likely incur costs for replacing or repairing open-bin type ice machines and for modifying exterior doors for service buildings so that they are self-closing. Affected businesses may incur costs for moving sewer or water connections if they initiate renovations that affect those connections at some point in the future.

Localities. No localities are likely to incur costs on account of these proposed regulatory changes.

Other Entities. These proposed regulatory changes are unlikely to adversely affect other entities in the Commonwealth.

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¹ http://townhall.virginia.gov/l/ViewPReview.cfm?PRid=1280

² http://law.lis.virginia.gov/vacode/title35.1/chapter3/section35.1-22/

³ Board staff estimates that such costs may include $12-$24 per sheet set, $3-$13 per pillow case, $100-$2,500 per mattress, $50-$200 per box spring, $6 per towel, $300-$1,300 per washer and $350-$1,200 per dryer. Cost would also include the time spent by campground staff in cleaning and maintenance activities. All of these costs are imposed by hotel room requirements but may be avoided under new rules for cabins and other rental units contained in this proposed regulation.

⁴ Campsites that generally do not have water-flushed toilets, showers, sinks or electrical connections are primitive campsites.

⁵ ODW rules apply to any campground that "serves piped water for human consumption to at least 15 service connections or 25 or more individuals for at least 60 days out of the year".

⁶ Dump stations are a facility specifically designed to receive sewage and grey water from portable toilets and holding tanks in RVs and campers. Dump stations do not include lavatories or restrooms.

Agency's Response to Economic Impact Analysis: The Virginia Department of Health (VDH) concurs, in part, with the findings of the Department of Planning and Budget's (DPB) analysis of the Board of Health Rules and Regulations Governing Campgrounds (12VAC5-450).

As part of the analysis, DPB raised concerns as to whether the cost would outweigh the benefit of a few of VDH's proposed regulatory revisions. Specifically, concerns regarding those revisions that would require campground operators who utilize private wells to test those wells for nitrates and coliform bacteria and the cost associated with replacing or modifying open-bin type ice machines so as to prevent exposing campers to bacteria.

Per the proposed regulations, campground operators will be required to comply with new provisions for private well water quality testing, as well as the prohibition of open-bin type ice machines. These new provisions are intended to decrease the risk of waterborne infections in campers who use campground water supplies and to decrease the risk of nitrate toxicity (methemoglobinemia) in infants.

Testing well water for nitrate content and total coliform would incur additional costs ($15 to $60 per test, per well, per year) to campground operators; however, there are two important points among many that substantiate the new proposed requirement: (1) this practice is currently required as part of the Food Regulations (12VAC5-421) to ensure the safety of consumers at food establishments and is an established process to determine well water safety when potentially the food establishment is the only source of water for the consumer similar to that of a camper at a campground and (2) the testing of well water to prevent nitrate toxicity in small children is strongly recommended by the American Academy of Pediatrics.¹ By including this provision in the regulations, the board is following a common practice "prevention" public health approach. In addition, methemoglobinemia and waterborne infections (e.g., Norovirus, Cryptosporidium, and E. coli) can be fatal. According to the Centers for Disease Control and Prevention,² Norovirus and E. coli accounted for over 45% of the etiologic agents associated with waterborne disease outbreaks from 2011-2012. In 2016,³ Virginia confirmed 218 cases of Cryptosporidium and 124 cases of E. coli, of which two individuals were hospitalized. The estimated costs associated with treating E. coli alone in 2013 was approximately $271 million dollars nationwide, according to the United States Department of Agriculture.⁴

Requiring campground water supplies to comply with the requirements of the Office of Drinking Water and obtain a permit to operate a waterworks is another viable alternative. However, said requirements are more stringent, with an exponentially higher cost to the campground operator than what is currently proposed.

The proposed language regarding the replacement or modification of open-bin type ice machines is necessary to reduce the risk of waterborne infections to those campers who utilize the campground's ice supply. Open-bin type ice machines are susceptible to contamination from yeast, mold, biofilm, bacteria, and other organic and biological pollution. Many of these agents are not visible to the naked eye and could cause illness similar to those listed above. The use of an automatically dispensing ice machine considerably decreases the risk of contamination, as it reduces the exposure of the ice to the outside environment and the hands and utensils of the campers using the machine. Lastly, the analysis also outlined several areas where the proposed regulations served as a cost savings to campgrounds. In some areas, cost savings rose to several tens of thousands of dollars. VDH has, during this most recent amendment to the regulations, attempted to remove potentially burdensome regulatory requirements with little public health significance and focus on addressing the public health impact of water and sewage at campgrounds.

Many of the day-to-day activities at campgrounds are small gatherings while others host events where the number of campers exceeds 40,000 over a course of several days. Each individual is susceptible to illness if exposed to contaminated water or ice. Such events could have a negative impact on not only the campground and its operator, but on travel tourism in the Commonwealth of Virginia. VDH believes that the benefits resulting from efforts designed to reduce potential events related to contaminated water sources outweigh the minimal costs associated with these efforts.

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¹ Greer, Frank R., MD & Shannon, Michael, MD (September 01, 2015) "Infant Methemoglobinemia: The Role of Dietary Nitrate in Food and Water." Pediatrics, Vol 11 No. 3. Doi: 10.1542/peds.2005-1497

² Centers for Disease Control and Prevention. (2011-2012) 2011-2012 "Drinking Water-associated Outbreak Surveillance Report: Supplemental Tables." Retrieved from https://www.cdc.gov/healthywater/surveillance/drinking/2011-2012-tables.html

³ Centers for Disease Control and Prevention. (2016). "Morbidity and Mortality Weekly Report" [Data set Week 52]. Retrieved from: https://wonder.cdc.gov/mmwr/mmwrmorb.asp?mmwr_year=2016&mmwr_week=53

⁴ United States Department of Agriculture. 2013. "Cost of Foodborne illness estimates for Escherichia coli" O157.[Data file]. Retrieved from https://www.ers.usda.gov/data-products/cost-estimates-of-foodborne-illnesses/

Summary:

The proposed amendments update the regulations to reflect current public health and camping industry practices and terminology and remove outdated requirements.

12VAC5-450-10. Definitions.

For the purpose of this chapter, the The following words and terms when used in this chapter shall have the following meanings respectively indicated unless another meaning is clearly intended or required by the context. clearly indicates otherwise:

"Approved" means a procedure of operation or construction which is in accordance with the standards established by the Virginia Department of Health, or which is acceptable to the Health Commissioner based on his a determination as to the conformance with appropriate standards and good public health practice.

"Campgrounds" means and includes, but is not limited to tourist camps, travel trailer camps, recreation camps, family campgrounds, camping resorts, camping communities, or any other area, place, parcel or tract of land, by whatever name called, on which three or more campsites are occupied or intended for occupancy, or facilities are established or maintained, wholly or in part, for the accommodation of camping units for periods of overnight or longer, whether the use of the campsites and/or or facilities is granted gratuitously, by a rental fee, by lease, by conditional sale or by covenants, restrictions and easements. This definition is not intended to include summer camps, and migrant labor camps as defined in §§ 35.1-16 32.1-203 and 32.1-203 35.1-16 of the Code of Virginia, construction camps, permanent mobile manufactured home parks, or storage areas for unoccupied camping units, or property upon which the individual owner may choose to camp and not be prohibited or encumbered by covenants, restrictions and conditions from providing his sanitary facilities within his established property lines.

"Camping unit" means and includes tents, tent trailers, travel trailers, camping trailers, pick-up campers, motor homes, yurts, cabins, or any other device or vehicular-type structure as may be developed marketed and used by the camping trade for use as temporary living quarters or shelter during periods of recreation, vacation, leisure time, or travel.

"Campsite" means and includes any plot of ground within a campground used or intended for the exclusive occupation by a camping unit or units under the control of a camper.

"Emergency" means a condition that in the exercise of the sound discretion of the Health Commissioner is found deleterious to the public health, safety, and welfare and requires immediate action.

"Health Commissioner" means the chief executive officer of the State Board of Health or his authorized agent.

"Independent camping unit" means a unit which contains a water- flushed toilet, lavatory and shower as an integral part of the structure, and which requires an on-site sewer connection due to the absence of a waste holding tank on the unit.

"Non-self-contained camping unit" means a unit which is dependent upon a service building for toilet and lavatory facilities.

"Outdoor bathing facilities" means lakes, ponds, rivers, tidal waters, impoundments, beaches, streams or other places, whether natural or man-made, in which an area is held out for swimming or bathing purposes.

"Operator" means any person employed or contracted by a campground owner who is responsible for the management and general administrative operation of the campground.

"Overflow area" means a plot of ground in or adjacent to the campground set apart for accommodating those campers for whom no designated sites are available in the general geographical area, and which is subject to certain restrictions as to size, length of stay, temporary facilities, etc.

"Overnight" means the occupation of a camping unit as a temporary habitation between the hours of 7 p.m. and 7 a.m., or major portion thereof.

"Permit" means a written permit issued by the Health Commissioner authorizing a designated person to operate a specific camping place.

"Person" means and include any individual or group of individuals, named party, partnership, firm, private or public association or corporation, state, county, city, town, or anyone who by covenant, restriction, or agreement has care, control, custody, ownership, or management of property or parts thereof, or any combination of the above or other legal entity.

"Primitive camps" campsites" means camps which campsites that are characterized by the absence of what is generally understood as modern conveniences such as water-flushed flush toilets, showers, sinks, and electrical connections. A campground shall be classified as a primitive camp when half or more of the required number of toilet seats are nonflush type.

"Self-contained camping unit" means a unit which contains a water-flushed flush toilet, lavatory, shower, and kitchen sink, all of which are connected, as an integral part of the structure, to water storage and sewage holding tanks located within the unit.

"Service building" means a structure housing toilet toilets, showers, or lavatories.

"Sewage" means the water-carried and non-water-carried human excrement from service buildings, sanitary stations, camping units or other places together with such, kitchen, laundry or, shower, bath, or lavatory wastes separately or together with such underground surface, storm, or other water and liquid industrial waste as may be present from residences, buildings, vehicles, industrial establishments, or other places. Other places include service buildings, dump stations, campsites, and camping units.

"Swimming pool" means any swimming, wading, or spray pool, including all appurtenant equipment, structures, and facilities provided for the use of the campers.

12VAC5-450-15. Compliance with the Virginia Administrative Process Act.

The provisions of the Virginia Administrative Process Act (§ 2.2–4000 et seq. of the Code of Virginia) shall govern the promulgation and administration of this chapter, including the procedures for rendering and appealing any case decision based upon this chapter.

12VAC5-450-30. Approval of plans required.

A. In order to insure ensure the provision of adequate, properly designed sanitation facilities at campgrounds, any person planning construction, major alteration renovation, or extensive addition to any campground shall, prior to the initiation of any such construction, submit to the Health Commissioner, through the local health department in the county locality in which the proposed project is located, complete plans or statements which that show the following, as applicable:

1. The proposed method and location of the sewage disposal system.

2. The proposed sources and location of the water supply.

3. The number, location, and dimensions of all campsites.

4. The number, description, and location of proposed sanitary facilities such as toilets, privies, dump stations, sewer lines, etc.

5. Name The name and address of applicant.

6. Location The location, boundaries, and dimensions of the proposed project.

7. Such other pertinent information as the Health Commissioner may deem necessary.

B. When, upon review of the plans, the Health Commissioner is satisfied that the proposed plans, if executed, will meet the requirements of this regulation chapter and other pertinent laws and regulations designed to protect the public health, written approval shall be issued.

C. When upon review of the plans, the Health Commissioner determines that the proposed plans preclude prevent a safe, sanitary operation, the plans shall be disapproved and the applicant shall be notified in writing of any deficiency in the plans that constitute the basis for disapproval.

D. No person shall begin construction, major alteration renovation, or addition to a campground until written approval has been granted by the Health Commissioner.

E. If construction is not begun within one year from the date of the approval of the plans, such approval shall be considered null and void.

F. All construction, reconstruction renovation, or alteration shall be done in accordance with and limited to work covered by the plans and recorded changes which that have been approved by the Health Commissioner.

G. Any person whose plans have been disapproved may request and shall be granted a hearing on the matter under the procedure provided by 12VAC5-450-60 an appeal as described by the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

H. Owners or operators of temporary campgrounds shall submit complete plans as described in subsection A of this section as a part of the permit application. No written approval of this material is required separate from the campground permit.

12VAC5-450-40. Permits.

A. No person or persons, directly or indirectly, shall conduct, control, manage, operate, or maintain a campground, or offer campsites for occupancy within the Commonwealth, without first making application for and receiving a valid permit from the Health Commissioner for the operation of said camp the campground.

B. Any campground for which a permit was not issued during the previous year An authorized representative of a campground shall file an application for a permit with the local health department in writing on a form and in a manner prescribed by the Health Commissioner at least 30 days before such camp is to be opened.

C. If, after receipt of an application to operate a campground, the Health Commissioner finds that the campground is does not in compliance comply with the provisions of this regulation chapter, he the Health Commissioner shall notify the applicant in writing (i) citing the noncomplying items that constitute his reason the reasons for denying the a permit and (ii) providing the applicant with the opportunity for administrative process as provided by the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

D. A permit may be revoked by the Health Commissioner, or his authorized agent, if he finds that the camp for which the permit was issued is operated, maintained, or occupied in violation of this chapter, or any law, ordinance or regulation applicable to such establishments, or in violation of the conditions stated in the permit. If the Health Commissioner finds that the campground complies with this chapter, a permit shall be issued. Permits may be issued to the campground's owner or operator.

E. The permit shall be conspicuously posted in the office of the camp campground or on the premises if no office is available.

F. The permit shall not be transferable Permits shall either be (i) annual and shall expire on December 31 of each year, unless stated otherwise in special permits such as temporary permits that may be granted by the Health Commissioner to allow a reasonable time to conform to the requirements of this chapter, or to correct existing violations 12 months from the date of issuance or (ii) temporary and granted for a specific period of time to allow temporary camping of 14 days duration or less. Temporary permits may be valid for periods of 60 days or less, but the total days of operation may not exceed 14 days during a 60-day period. Permits shall not be transferable.

12VAC5-450-50. Inspection of camping places.

A. The Health Commissioner is hereby authorized and directed to make shall conduct such inspections as are necessary to determine satisfactory compliance with this chapter, including the following:

1. Before permit issuance, the Health Commissioner shall conduct one or more preoperational inspections of annually permitted campgrounds that (i) have not been permitted in the previous year; (ii) have undergone modifications in their water delivery, sewage conveyance, or sewage disposal systems; (iii) have modified their sanitary facilities; or (iv) have changed the number of offered campsites since the issuance of their last annual permit.

2. Annually permitted campgrounds shall be inspected at least once per permit period.

3. Temporary campgrounds shall be inspected at least once during each operational period.

4. Campground inspection schedules may be adjusted if the Virginia Department of Health develops a written risk-based plan for adjusting the frequency of inspections, and this plan is uniformly applied throughout the Commonwealth.

B. It Upon presentation of appropriate credentials and consent of the owner, permit holder, or authorized agent of the owner or permit holder, the Health Commissioner shall be the duty of the operator or occupant(s) of a campground to give the Health Commissioner given free access to such premises at reasonable times for the purpose of inspection, in accordance with § 35.1-5 of the Code of Virginia.

C. A register shall be kept indicating name and address of the camper, the date of the campsite occupancy, and the number of the campsite occupied. Such register shall be made available to the Health Commissioner, upon request, during his inspection of the campground.

C. Whenever an inspection is conducted, a completed inspection report shall be provided to the permit holder of the campground. The inspection report shall contain descriptions of observed alleged violations and citations to the alleged regulatory violations. The report shall establish reasonable timelines for compliance with this chapter and provide an opportunity for due process in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

12VAC5-450-60. Enforcement, notices, hearings informal conferences.

A. Whenever the Health Commissioner finds violations of this chapter, an inspection report shall be filled out and left with the person in charge of the campground. Such inspection report shall be legible, contain written notation of the violation and remedial action to be taken to effect compliance with this chapter.

B. If, after a reasonable time has elapsed for the correction of noted items, the violation is found to continue to exist, a formal notice shall be issued which; (i) includes a written statement of the reasons for its issuance; (ii) sets forth a time for the performance of the corrections; (iii) is served upon the operator or his agent; Provided: that such notice shall be deemed to have been properly served upon such operator or agent when a copy has been sent by certified mail to his last known address; or when he has been served with such notice by any other method authorized or required by the laws of this Commonwealth; (iv) contains an outline of remedial action which, if taken will effect compliance with the provisions of this chapter; (v) informs the person to whom the notice is directed of his right to a hearing and of his responsibility to request the hearing and to whom the request should be made.

C. Periods of time allowed to elapse between notation of the violation on the inspection report and issuance of a formal notice, and time allowed in formal notice for performance of correction shall depend upon the nature and seriousness of the violation, but shall generally not exceed 30 days.

D. Whenever the Health Commissioner finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency including the suspension of the permit. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, by upon petition to the Health Commissioner, shall be afforded a hearing as soon as possible.

A. The Health Commissioner may, after providing a notice of intent to revoke the permit, and after providing an opportunity for an informal conference in accordance with § 2.2-4019 of the Code of Virginia, revoke a permit for flagrant or continuing violation of this chapter. Any person to whom a notice of revocation is directed shall immediately comply with the notice. Upon revocation, the former permit holder shall be given an opportunity for appeal of the revocation in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

B. The Health Commissioner may summarily suspend a permit to operate a campground if continued operation constitutes a substantial and imminent threat to public health. Upon receipt of such notice that a permit is suspended, the permit holder shall cease campground operations immediately and begin corrective action. Whenever a permit is suspended, the holder of the permit shall be notified in writing by certified mail or by hand delivery. Upon service of notice that the permit is immediately suspended, the former permit holder shall be given an opportunity for an informal conference in accordance with § 2.2-4019 of the Code of Virginia. The request for an informal conference shall be in writing and shall be filed with the local health department by the former holder of the permit. If written request for an informal conference is not filed within 10 working days after the service of notice, the suspension is sustained. Each holder of a suspended permit shall be afforded an opportunity for an informal conference within three working days of receipt of a request for the informal conference. The Health Commissioner may end the suspension at any time if the reasons for the suspension no longer exist.

E. C. Any person affected by any notice which has been a determination issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing challenge such determination in accordance with the provisions of Title 9, Chapter 1.1:1 of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

F. If a request for a hearing is not made within 10 days after the receipt of a formal notice of violation of this chapter, or correction of the violation has not taken place within the prescribed time, the permit may be revoked and the continued operation of the campground shall be considered unlawful.

G. Nothing D. All campgrounds shall be constructed, operated, and maintained in compliance with the requirements as set forth in this chapter. The Health Commissioner may enforce this chapter through any means lawfully available pursuant to § 35.1-7 of the Code of Virginia, and nothing in this chapter shall be construed as preventing the Health Commissioner from making efforts to obtain voluntary compliance through warning, conference, or any other appropriate enforcement means.

12VAC5-450-70. Location.

A. Each campground shall be located on ground which has have good surface drainage and which is be free of natural and man-made hazards such as mine pits, shafts, and quarries. Camps Campgrounds shall not be located on ground which that is in or adjacent to swamps, marshes, landfills or abandoned landfills, or breeding places for insects or rodents of public health importance, unless adequate, approved safeguards or preventive measures are taken.

B. The density of campsites in a campground shall not exceed an average of 20 campsites per acre inclusive of service roads, toilet buildings, recreational areas, etc.

C. Each campsite (including parking space) shall provide a minimum of 1600 square feet of space and shall not be less than 25 feet at its narrowest point.

D. Each campsite shall be identified by number and section. Camping units within a campground shall be required to locate within the designated campsites.

12VAC5-450-80. Water supplies.

A. The water supply, storage reservoirs and distribution system shall be approved by the Health Commissioner. An adequate supply of safe, sanitary, potable water shall be provided. The water supply shall either be an approved private well or a permitted waterworks. Waterworks must be maintained and operated in compliance with 12VAC5-590. Private wells shall be constructed, maintained, and operated in compliance with 12VAC5-630. Additionally, campgrounds utilizing private wells for potable water shall sample and test for total coliform and nitrate annually and prior to permit application; water shall be satisfactory for the total coliform standards identified in 12VAC5-630-370 and shall not have more than 10 mg/L nitrate. Samples shall be analyzed by a laboratory certified by the Department of General Services, Division of Consolidated Laboratory Services.

B. An adequate supply of safe, sanitary, potable water capable of supplying a total capacity of at least 50 gallons per campsite per day if privies are used, and at least 100 gallons per campsite per day if water-flushed toilets are used, Water shall be provided at one or more easily accessible locations within the camping area campground. Adequate water storage facilities shall be provided to meet the demands for The water system shall be capable of meeting the demand for water during periods of peak use by the campers campground.

C. Water delivery systems utilizing private wells as a water source must meet the following construction and operational standards:

1. All water storage reservoirs shall be covered, watertight, and constructed of impervious material.

2. Overflows and vents of such reservoirs shall be effectively screened.

3. Manholes shall be constructed with over-lapping overlapping covers so as to prevent the entrance of contaminating material.

4. Reservoir overflow pipes shall discharge through an acceptable air gap.

5. All cross connections between approved and unapproved water supply systems are prohibited.

6. All water supplies shall be protected against the hazards of backflow or back siphonage.

D. All cross connections, between approved and nonapproved water supply systems are prohibited, and the supply shall be protected against the hazards of backflow or back siphonage.

E. Drinking fountains and water coolers, if provided, shall be of an approved type. D. Common water coolers, drinking cups, glasses, or vessels are prohibited.

F. Unsafe E. Unapproved wells or springs in the camp area campground shall be eliminated or made inaccessible for human consumption.

G. F. All ice provided shall be from an approved source. All ice and shall be handled and stored in such a manner as to prevent contamination. Ice-making machines shall be of approved construction automatic dispensing, and water shall be from a source approved under subsection A of this section. Open-bin type ice machines are prohibited.

H. G. Portable water tanks or watering stations shall not be approved, except in emergencies, and then unless such tanks, stations, and dispensing shall be are reviewed and approved by the Health Commissioner.

I. H. The area surrounding a pump or hydrant used for a water supply shall be maintained in a properly drained and sanitary condition, to prevent the accumulation of standing water or the creation of muddy conditions.

J. I. The connection for potable water piped to individual campsites shall be so installed so that it will not be damaged by the parking of camping vehicles.

K. J. If installed above the ground, the riser shall terminate at least four inches above the ground surface. If installed in a pit, the riser shall terminate at least 12 inches above the floor of the pit, and the pit shall be drained to prevent it from containing standing water. The drain for the pit shall not be connected to a sanitary sewerage system.

L. K. If a water connection and a sewer connection are provided at individual campsites a campsite, the two connections shall be separated by a minimum horizontal distance of five 10 feet. Campgrounds that have been issued a permit before (insert the effective date of this regulation) shall be exempt and required to maintain a minimum horizontal distance of five feet between water and sewer connections. If an exempt campground conducts construction or renovation activity impacting water and sewer connections, current regulations shall apply to all campsites where work is conducted. Normal maintenance work will not constitute construction or renovation.

M. L. Adequate provisions shall be made to prevent the freezing of service lines, valves, and riser pipes.

12VAC5-450-90. Sewage disposal.

A. Every campground shall be provided with an approved method of collection, conveying, and disposing of all sewage and liquid wastes.

B. Privies shall be an acceptable method of sewage disposal when the location, design, construction, and quantity have been approved by the Health Commissioner provided their use is not prohibited or restricted by local requirements.

C. B. All methods or systems of collecting and disposing of sewage and liquid wastes, whether temporary or permanent, shall be subject to the approval of the Health Commissioner.

D. C. It shall be unlawful to discharge sewage, sink waste water, shower waste water, or other putrescible wastes in such a manner as to enter the ground surface or, subsurface, or a body of water, except following a treatment device or process approved prior to construction by the Health Commissioner.

E. A sanitary or D. Campgrounds shall provide a dump station for the disposal of sewage and other liquid wastes from self-contained camping units shall be provided which that complies with the following requirements:

1. Campgrounds having less fewer than 200 campsites shall provide a minimum of one sanitary dump station, unless all campsites that allow self-contained camping units provide direct sewer connections.

2. Campgrounds having more than 200 campsites shall provide an additional sanitary dump station for each additional 200 campsites or major fraction thereof, provided that campsites equipped with sewer connections shall not be included in the total.

3. Where two or more sanitary dump stations are required, they shall be so located as to facilitate the simultaneous discharge of sewage wastes from different units.

4. Each sanitary station shall be so located and designed as to be easily accessible and facilitate ingress and egress for camping vehicles.

F. E. The sanitary dump station shall consist of the following:

1. A four-inch sewer pipe trapped below the frost line connected to an approved sewage disposal system or suitable holding tank.

2. The sewer pipe, at the inlet, shall be surrounded by a reinforced, concrete apron sloped to drain to the sewer pipe.

3. The minimum dimensions of the concrete apron shall be 36 inches wide, 60 inches long, and four inches thick. The sewer pipe shall be located such that the major portion of the apron will project under the camping unit when it is discharging.

4. The inlet of the sewer pipe shall be provided with a suitable fly-tight cover.

5. The sanitary station shall be provided with a water outlet to permit wash down of the immediate area after each use and so arranged as to prevent a cross-connection or back siphonage.

6. Each water outlet used for such purposes shall display a sign stating, in effect, "Notice: Unsafe Water Outlet-This water is for wash-down purposes only."

F. A slop sink or suitable drain shall be provided within 500 feet of all campsites for the disposal of liquid cooking and wash water wastes, unless a dump station is accessible for this purpose. Adequate provision shall be made by the permit holder of a campground to assure that the slop sink or other suitable drain is kept in a sanitary condition and is used for the purpose for which it was intended.

G. Individual sewer connections for camping vehicles, if provided, shall be installed in accordance with the following provisions:

1. The individual sewer (equivalent to the building sewer for a permanent building), shall be at least four inches in diameter, shall be trapped below the frost line, and shall be laid at depths sufficient to provide adequate protection against physical injury.

2. The sewer inlet shall (i) consist of a four-inch riser extending, at a minimum, four inches above the surface of the surrounding ground to accommodate a hose connection from the camping vehicle, or so (ii) be designed as to divert surface drainage away from the riser. The riser shall be imbedded firmly in the ground and be protected against heaving and shifting.

3. The sewer riser shall be equipped with a standard ferrule and close nipple provided with a tight cap or expanding sewer plug. The screw cap or sewer plug shall be fastened by a durable chain to prevent removal while the sewer riser is in use. When the sewer riser is not in use, it shall be capped or plugged.

4. The sewer hose between the camping vehicle drain and the sewer riser shall be watertight, and shall be of flexible, noncollapsible, corrosion and weather-resistant material of suitable diameter to fit the camping vehicle drain. Its lower end shall be secured into the open sewer riser with a gasket of rubber or other suitable material. All joints shall be effected so as to prevent the leakage of sewage, or odor or prevent the entrance of rodents.

12VAC5-450-100. Service buildings Sanitary facilities.

A. Each campground shall be provided with one or more service buildings which contain provide an adequate number of toilet and sanitary facilities. The minimum ratio of sanitary facilities to the number of campsites shall be provided according to is established in the following schedule. Facilities shall either be gender-balanced in number or single-occupant access with no gender designation.