Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 610 - SEWAGE HANDLING AND DISPOSAL REGULATIONS › Part II - Procedural Regulations › Article 2 - Systems with Experimental or Provisional Approval › Section 12VAC5-610-443 - Applying for provisional approval

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applications for provisional approval
					 shall be made in writing to the division and shall request provisional approval
					 for a specific system, technology, method or process. The application shall
					 comply with
					 12VAC5-610-250 regarding the
					 submission of detailed plans and specifications.
B. The application shall include the
					 following:
1. A description of the system's
					 operation including the accepted scientific and engineering principles upon
					 which the system technology, method or process is based.
2. A description of the site criteria
					 required for successful operation of the system.
3. Design criteria for sizing the system to
					 meet all relevant site conditions and waste flow characteristics.
4. Construction procedures for successfully
					 installing a system.
5. Operation
					 criteria and maintenance requirements for the successful use of the system over
					 the life expectancy of the system.
6. Proposed performance standards that the
					 system is expected to meet to determine the success or failure of the
					 system.
7. Documentation giving
					 factual evidence of the principles upon which the system is based demonstrating
					 the capacity for satisfactory performance and operational competency for
					 treating and disposing of effluent. Such evidence must include sufficient basic
					 and applied research to demonstrate that experimental status should be waived.
					 Provisional approval of a product is principally intended to provide a method
					 of full-scale system demonstration; however, limited applied research may be
					 required when in the exclusive opinion of the department, the information
					 obtained from applied research is necessary to the evaluation and
					 decision-making process. Systems, technologies, methods, or processes which
					 have not demonstrated sufficient basic and applied research to support the
					 principles or theory of operation shall be considered experimental.
8. Documentation of at least 50 comparable
					 systems of identical design and capacity having been installed in Virginia or
					 elsewhere. Only systems installed under similar soil and site conditions (if
					 applicable) to the site and soil conditions for which approval is sought in
					 Virginia shall be considered. Additionally, the wastewater flows, strength and
					 other characteristics shall be documented and be similar in both the
					 demonstration systems and the proposed use in the provisional
					 application.
9. Data indicating
					 that the 50 systems identified in subdivision 8 of this subsection have
					 provided both treatment and disposal no worse than a conventional septic
					 tank-drainfield system over a period of time not less than three
					 years.
10. Test results and
					 certifications must be conducted by an accredited college or university, the
					 National Sanitation Foundation, entities accredited by the American National
					 Standards Institute, or other testing groups that may be acceptable to the
					 division as being impartial and competent in testing or evaluating wastewater
					 treatment and disposal methods.