SD27 - The Laws of the Commonwealth Related to Sewage Handling as these Laws Interact with the Board of Health's Sewage Handling and Disposal Regulations
Executive Summary: The first report of the Joint Subcommittee was published as Senate Document 25 in March, 1986. In the 1986 report, the Committee recommended: 1. That local governments and private businesses be provided incentives for constructing approved disposal sites through access to the funding mechanism of the Virginia Resources Authority. 2. That land spreading of lime-stabilized septage and the shallow injection of unstabilized septage be prohibited after a five-year period. 3. That the validity period for septic tank permits be extended to fifty-four months. 4. That adequate funds be assured for research in the development of alternative sewage disposal systems. 5. That sanitarians be provided statutory immunity from personal liability for actions except those resulting from gross negligence or intentionally tortious behavior. 6. That the Review Board be provided compensation for reasonable expenses and per diem. 7. That an appropriation of $25, 000 be approved in order to adequately fund the activities of the Review Board. 8. That the Review Board's statute be amended to require eight meetings per year, that appeals be filed thirty days prior to a meeting in order to be included on the docket, that a written decision be rendered within fifteen days of the hearing and that the Board be authorized to remand applications to the Department of Health with recommendations for reconsideration. 9. That the study be continued. Senate Bill 336 (Chapter 331 of the 1986 Acts of Assembly), sponsored by Senator Madison E. Marye, implemented all of the recommendations except for the two calling for appropriations and the continuation of the study. This bill contained the following provisions: a) The Virginia Resources Authority Act was revised to specify that facilities for receiving and stabilizing septage (e.g., anaerobic lagoons) and soil drainage management facilities may be funded through this mechanism by local governments; b) The land spreading of lime-stabilized and unstabilized septage was authorized for five years (after 1991, these practices will be prohibited); c) The validity of septic tank permits was extended from thirty-six to fifty-four months; d) Sanitarians were provided statutory protection from personal liability in conformance with an Attorney General's Opinion obtained by Senator Marye; e) Compensation was authorized for the Sewage Handling and Disposal Appeals Review Board; and f) The Review Board's statutes were amended to require eight meetings per year, that appeals be filed thirty days prior to meetings, that written decisions be rendered within fifteen days of a hearing and to provide authorization for the Review Board to remand denied applications to the Department of Health with recommendations. Senate Joint Resolution No. 82, also patroned by Senator Marye, was approved, thereby implementing the recommendation for the continuation of this study. The budget amendments for the funding of the research in alternative onsite systems and the expenses of the Review Board were not approved. However, the language mandating the allocation of $25,000 for the Review Board was included in the appropriations act. At this time, the Department of Health is using discretionary monies to fund the expenses of the Review Board pursuant to this language. Senate Joint Resolution 82, authorizing the continuation of this study. directed the Joint Subcommittee to consider the efficacy of regulating soil scientists, the credentialing of sanitarians, and the assessment of the operation of the Sewage Handling and Disposal Review Board in its first year and to evaluate the progress of research in alternative onsite sewage disposal systems and any other issues related to sewage handling and disposal. |
Menu
Published Documents
