Vol. 27 Iss. 13 - February 28, 2011

Chapter 640
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider amending the following regulation: 12VAC5-640, Alternative Discharging Sewage Treatment Regulations for Individual Single Family Dwellings. The regulations apply to all alternative discharging sewage treatment systems constructed and operated to serve an individual single family dwelling with flows less than or equal to 1,000 gallons per day on a yearly average. These regulations operate in conjunction with the Virginia Department of Environmental Quality's (DEQ) General Permit for Sewage Discharges Less Than or Equal to 1,000 Gallons Per Day (9VAC25-110). The State Board of Health's regulations provide details on applications, construction standards and monitoring requirements, as well as administrative procedures for hearings, variances, etc. The board has not updated these regulations since July 30, 1992. The technological and regulatory landscape has changed considerably since that time. The board is seeking to revise the regulations to reflect technological changes in the field, incorporate numerous policy documents, and consider impacts to the Chesapeake Bay total maximum daily load.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

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

Public Comment Deadline: March 30, 2011.

Agency Contact: Marcia Degen, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 387-1883, FAX (804) 864-7475, or email

VA.R. Doc. No. R11-2735; Filed February 3, 2011, 9:57 a.m.