1 Eastern Shore of Virginia Ground Water Committee April 16, 2019 10:00 a.m. Enterprise Building, Accomac MEETING AGENDA 1. Call to Order 2. Public Participation 3. Minutes of the March 19, 2019 Meeting ............................................................................ 3 4. Financial Status Report ....................................................................................................... 7 5. April 2019 Staff Update ...................................................................................................... 8 VDH Septic & Well Services – Hardship Guidelines to be developed by July 1, 2019......................................................................................................................... 8 2017 Virginia Toxics Release Inventory Report ..................................................... 8 Research & Publications ...................................................................................... 12 Upcoming Events/Meetings .................................................................................. 12 FY 2019 ATTENDANCE RECORD ................................................................... 13 6. April 2019 Ground Water Consultant Report ................................................................... 17 Technical/Regulatory/Educational Items .............................................................. 17 House Bill 888; Hardship Guidelines ................................................................... 20 Painter Complex Public Notice …………………………………………….…..37 7. Other Matters 8. Schedule Next Meeting & Adjourn
Transcript
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Eastern Shore of Virginia Ground Water Committee
April 16, 2019 10:00 a.m.
Enterprise Building, Accomac
MEETING AGENDA
1. Call to Order 2. Public Participation 3. Minutes of the March 19, 2019 Meeting ............................................................................ 3
4. Financial Status Report ....................................................................................................... 7
5. April 2019 Staff Update ...................................................................................................... 8
VDH Septic & Well Services – Hardship Guidelines to be developed by July 1, 2019......................................................................................................................... 8
2017 Virginia Toxics Release Inventory Report ..................................................... 8
Research & Publications ...................................................................................... 12
House Bill 888; Hardship Guidelines ................................................................... 20
Painter Complex Public Notice …………………………………………….…..37 7. Other Matters
8. Schedule Next Meeting & Adjourn
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Minutes of the March 19, 2019 Meeting Eastern Shore of Virginia Ground Water Committee
The meeting of the Eastern Shore of Virginia Ground Water Committee was held at 10:00 AM on Tuesday, March 19, 2019 in the A-NPDC Conference Room of the Enterprise Building in Accomac, Virginia. Members Present: Daniel Hershey Elaine Meil Eugene R. Hampton Jim Belote John Coker, Chairman John Salm Paul Muhly, Vice Chairman Taylor Dukes
Members Absent: Charles Kolakowski Michael Mason (Rich Morrison attended as alternate)
Others Present: Ann Violi, Harborton Resident Bill Savage, ESSWCD Britt McMillan, ARCADIS Joe Valentine, Clean Water Council Jon Richardson, ESHD Joseph Betit, Accomack Citizen Ken Dufty, Exmore Resident Meriwether Payne, CBES Roberta Kellam, Citizen Sarah Harrison Linton, Tyson Foods Shannon Alexander, A-NPDC Sue Mastyl, Clean Water Council Trent Lewis, Tyson Foods
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1. Call to Order Chairman Coker called the meeting to order at 10:05 AM.
2. Public Participation Mr. Joe Betit presented his project with ODU using Hydro Drone technology for survey efforts. The depth of range of the technology is from less than 1m to about 10m. He indicated that on the Shore there are fewer conflicts with military installments than across the Bay. He indicated that he has also engaged with Broadwater Academy to have their students participate and is working with the Eastern Shore Regional Navigable Waterways Committee. Mrs. Roberta Kellam passed her time for public participation. Mr. Ken Dufty referenced two poultry litter related reports that he emailed to PDC staff and would like distributed to Committee Members. He also referenced the salt water transition line and a need for more data around this along our coasts. He also referenced existing monitoring wells, pointing out their location near the spine, versus near the shoreline. Britt McMillan pointed out that monitoring wells near the spine are good indicators of water level change, but that water quality wells do need to be near the shoreline to indicate potential salt water intrusion, and that more of these are needed.
3. Review of the January 15, 2019 Minutes The draft minutes of the January 15, 2019 meeting were presented. The attendee list was amended to remove Roberta Kellam who was not present.
Vice Chairman Muhly moved to approve the Minutes of the February 19, 2019 meeting. The motion, seconded by Committee Member Belote, carried unanimously.
4. FY 2019 Financial Status Report The FY 2019 Financial Status Report was not presented.
Committee Member Hershey moved to approve the FY2019 financial status report. The motion, seconded by Committee Member Belote, carried unanimously.
5. Nomination for 2018 Ground Water Award Committee Members each spoke concerning the 5 nominees (Senator Lewis, Robert Meyers, NOAA, Mark Reiter, Town of Exmore).
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Committee Member Belote moved to award the 2018 Ground Water Award to both Senator Lewis and Delegate Bloxom. The motion, seconded by Vice Chairman Muhly, carried unanimously.
Vice Chairman Muhly moved to develop and award a resolution of accommodation recognizing years of distinguished service from Mr. Robert Meyers. The motion, seconded by Committee Member Salm, carried unanimously.
6. Staff Update
The following staff updates were presented: Committee Attendance Record The FY2019 Committee Attendance Record was presented. Chairman Coker pointed out the excellent record for this Committee’s members. Environmental Reviews and Permits Staff reported there were no new groundwater permits or public notices to review, but that we should be seeing the results of the modelling for entities included in the Consent Order in the next few months and that VDEQ is planning to hold a public hearing on the Shore. Other Items VDH Septic & Well Services – Hardship Guidelines to be developed by July 1, 2019 Staff reported that they submitted an additional, unofficial comment to VDH concerning exemptions for grant funded projects. The second draft of the guidance is not yet available, but staff will supply it to Members once it becomes available from VDH. HHWC Update The VDH Wellhead Protection grant is scheduled to conclude in August of 2019. VDEQ Septic BMP Project Staff reported on the Gulf, Barlow, Mattawoman, Jacobus, and Hungars Creek watershed area project. Research & Publications
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Staff pointed out two of the three included publications were concerning PFAS and how new standards may impact Chincoteague and NASA WFF. Vice Chairman Muhly shared a March 15 Information Sheet supplied by NASA with regards to Per- and Polyfluoroalkyl Substances. 7. Ground Water Consultant Report The consultant reported about progress of SB1599. Secretary Meil reported that during conversations with VDEQ staff, collaboration was emphasized and a willingness to potentially hold TAC meetings locally. He confirmed the date/time and final abstract for the presentation he will give March 27th from 1:15pm-2:15pm at the Environment Virginia Symposium in Lexington, but did not supply the draft 15-minute presentation. The consultant provided a review of the 2013 Eastern Shore Groundwater Protection and Preservation Plan’s Section 5. Discussion about necessary updates for the 5-year review and additional elements, such as a strategy/action table were discussed. Staff is to work on the monitorable strategic action element, which can be used as a guiding document for future Committee focus and efforts. The consultant presented a summary of past draft ordinance evaluations completed by the Committee (2002 & 2019). Discussion concerning stormwater regulations and impacts to the recharge area (not recharge spine, as that was referenced a dated and misleading term by the consultant). Concerns about the potential for contamination transport were expressed, particularly with regards to the potential near paleochannels. 8. Other Matters: None. 9. Schedule Next Meeting & Adjournment
The next Committee meeting was scheduled for April 16th, 2019 at 10:00 AM in the A-NPDC Conference Room of the Enterprise Building in Accomac.
Chairman Coker adjourned the meeting at 12:08 PM.
____________________________________ John Coker, Chairman Copy test:
____________________________________ Elaine K. N. Meil, Secretary
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MEMORANDUM
TO: Eastern Shore of Virginia Ground Water Committee FROM: Shannon Alexander Coastal Resources Program Manager Accomack-Northampton Planning District Commission
DATE: March 19, 2019
SUBJECT:
Financial Status Report
Financial Status Report
The FY 2019 Financial Status Report will be reported in May, as there has been staff turnover in the Administration Department.
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MEMORANDUM
TO: Eastern Shore of Virginia Ground Water Committee FROM: Shannon Alexander Coastal Resources Program Manager Accomack-Northampton Planning District Commission DATE: April 16, 2019 SUBJECT:
April 2019 Staff Update Committee Attendance Record The FY2018 Committee Attendance Records are attached. Environmental Reviews and Permits VA Pollutant Discharge Elimination System Program – None. VA Pollution Abatement Program – None. Notice – Environmental Project – Groundwater Withdrawal Permit, Kuzzens, Inc. Painter, VA, see consultant memo, and see attached 5-pg public notice (starts on p.37). Consent Orders – None. Federal Consistency Reviews – None. Other Items VDH Septic & Well Services – Hardship Guidelines to be developed by July 1, 2019 VDH supplied the second draft, which should be posted online by April 13, 2019. The final draft will be posted on www.townhall.virginia.gov and will include a formal public comment period, most likely to be posted in early May. Second draft is attached, starting on page 20. 2017 Virginia Toxics Release Inventory Report The following tables summarize toxics released by jurisdiction and facility from 2008-2017. https://www.deq.virginia.gov/Programs/Air/AirQualityPlanningEmissions/SARATitleIII/SARA313ToxicsReleaseInventory/VA2017ToxicsReleaseInventoryReport.aspx Several tables produced with EPA tools are included as well. https://www.epa.gov/toxics-release-inventory-tri-program
*Note: Rank of 1 is the highest quantity. There are 91 jurisdictions ranked for on-site releases and 92 jurisdictions ranked for on-site management, so Accomack County has more on-site releases than 85 jurisdictions, and more on-site management than 77 jurisdictions.
Accomack Jurisdiction Ranking Summary *Northampton has no facilities in report
Accomack Facility Ranking for On-Site Releases (Non-PBT) Summary
*Northampton has no facilities in report *PBT=Persistent Bio-accumulative Toxic or a chemical that is stable for a long period of time, and builds up in the
environment, particularly in food chains
Year
Perdue Tyson KMX Chemical NASA-WFF Valley Proteins Total On-
Staff Summary: Only five jurisdictions report more on-site releases than Accomack County, they are: Montgomery, Covington, Chesterfield, Hopewell, and Isle of Wight. Perdue releases almost 13 times as much as Tyson and is responsible for 92.7% of TRI releases in Accomack County. The toxics released as related to facility are listed below:
• Perdue: 1.07M lbs nitrate compounds (up from 699,640 lbs in 2016 and over double from 2015) & 76 lbs peracetic acid (up from 29 lbs in 2016) to water; 75,900 lbs hydrogen sulfide to air (down from 83,880 lbs in 2016)
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• Tyson: 56,996 lbs nitrate compounds to water (up from 31,053 lbs in 2016 and 22,332 lbs in 2015); 30,441 lbs ammonia to air (way up from 2,736 lbs in 2016); new release of 580 lbs peracetic acid to air (up from 0 lbs).
o Peracetic acid is a bleaching agent for food starch and a component of antimicrobial washes for poultry carcasses and fruit. It is a strong oxidizing agent and severe irritant to the skin, eyes, and respiratory system at concentrations ≥ 0.17ppm.
• KMX Chemical: 3,680 lbs (up from 750 lbs) ethylene glycol & 346 lbs (up from 250 lbs) methanol both to air
• NASA-WFF: New, 526 lbs of polycyclic aromatic compounds are managed on-site via recycling. In 2015 there was air releases of Chromium (27lbs) and Lead (246.07lbs); In 2016 there was air release of Lead (Point 88lbs); In 2017 Naphthalene (18lbs) and Lead (88lbs) both as air releases.
Research & Publications New Jersey moves to enact tougher drinking water standards for PFAS – The Inquirer Daily News, Laura McCrystal and Justine McDaniel. See attached, starting on page 14. https://www.philly.com/news/pfas-new-jersey-drinking-water-limit-pfoa-pfos-20190401.html
At the Environment Virginia Symposium, Scott Kudlas, Director of the Office of Water Supply for VDEQ presented “What’s New in Water Supply”. About half of the information concerns the ESVA. The report can be found at http://www.a-npdc.org/wp-content/uploads/2019/04/What%E2%80%99s-New-in-Water-Supply-2019-VMI-032719B.pdf on the Publications & Reports page of the A-NPDC website.
Upcoming Events/Meetings 4/15/19, 10 a.m.: State Water Control Board. At Doubletree by Hilton Richmond Airport, 445 International Center Drive in Sandston (Henrico County).
4/16/19, 10 a.m.: VDH Sewage Handling and Disposal Advisory Committee. At the James Madison Building, 109 Governor Street in Richmond.
4/17/19 3 pm Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals/Education and Training Committee. At the DPOR, 9960 Mayland Drive in Richmond. On 4/18/19, 9 a.m.: the full Board meets at the same location.
4/15/19, 10 a.m.: Department of Conservation and Recreation’s Agricultural Best Management Practices Cost-share Program Technical Advisory Committee/Animal Waste Subcommittee. At the Virginia Department of Forestry, 900 Natural Resources Drive in Charlottesville.
4/17/19, 10 a.m.: Stormwater Best Management Practices Clearinghouse Stakeholders Meeting. At the DEQ Piedmont Regional Office, 4949-A Cox Road in Glen Allen (Henrico County). The Stormwater Best Management Practices (BMPs) Clearinghouse is a Web site, https://www.swbmp.vwrrc.vt.edu/, on design standards and specifications for stormwater BMPs in Virginia.
2019 * X X X X X X X X Grayson Chesser * X X X X X X X Daniel Hershey
June 30, 2019 * X X X X X X X
Paul Muhly * X X X X X X X Northampton Co. Eugene Hampton
October, 2019 * X X X X X X X
John Coker * X X X X X X X X Robert Meyers
December, 2019 * X X X X - - - - - -
John Salm January, 2020 * X X X X X X
Taylor Dukes January, 2021 * - - - - - X X X
Non-Voting Ex-Officio Members Mike Mason NA * X X X ( ) X ( ) ( ) Charles Kolakowski NA * X
Elaine Meil NA * X X X X X X - Indicates not a member. X Indicates member present. * Indicates no monthly meeting held. NA Not Applicable ( ) Indicates an alternate present
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New Jersey moves to enact tougher drinking water standards for PFAS
Laura McCrystal and Justine McDaniel, The Inquirer Daily News; Posted: April 1, 2019 - 1:53 PM https://www.philly.com/news/pfas-new-jersey-drinking-water-limit-pfoa-pfos-20190401.html
New Jersey unveiled a proposal Monday for a drinking water standard for two PFAS chemicals, moving to establish limits that would be among the most stringent in the country and could force at least 40 public systems to clean up their water. The proposed standards, released in the state register, are much tougher than current federal advisories for the chemicals. New Jersey is among the states moving most quickly to address the problem, which has affected drinking water systems nationwide. The Department of Environmental Protection proposed drinking water limits of 14 parts per trillion (ppt) for PFOA and 13 ppt for PFOS, two types of per- and polyfluouralkyl substances known as PFAS. Such standards, known as maximum contaminant levels, set a legally binding limit for the amount of a substance that is permitted in drinking water systems. Some states have moved to make their own levels for PFAS as they criticize the Environmental Protection Agency for moving too slowly. The EPA’s current health advisory is 70 ppt for PFOS and PFOA combined, and it is not enforceable. For New Jersey residents, Monday’s proposal is a long-awaited response to a contamination crisis that has affected areas surrounding manufacturing facilities and Joint Base McGuire-Dix-Lakehurst. The regulation would put 39 public water systems over the limit for PFOA and 19 for PFOS, according to the state’s proposal, increasing the number of public wells considered contaminated and requiring new cleanup projects. Of those, 11 systems are already addressing PFOA contamination and four are working on PFOS. “New Jersey is leading the way in addressing an issue of national importance by setting the first drinking water standards in the nation to protect the public from the health risks of these chemicals,” said DEP Commissioner Catherine R. McCabe. “We will continue to take strong actions to protect the health of our residents and the quality of our drinking water supplies.” New Jersey’s is currently the lowest binding standard formally proposed, but whether the limits become the first or lowest in the nation depends on how quickly other states move. New York is “on target” to adopt limits of 10 ppt for each of the two chemicals, according to the state health department. Vermont has begun the formal process for limits at 20 ppt. California already recommends drinking wells be shut off if above 14 ppt in PFOA or 13 ppt in PFOS, but the levels aren’t legally enforceable.
In Pennsylvania, towns in Bucks and Montgomery Counties have drinking water supplies tainted by PFAS, which are linked to health problems including cancer. Pennsylvania officials have said they will launch their own process for setting maximum contaminant levels for PFOS and PFOA, and will hire a toxicologist and other personnel to review research and conduct in-house testing, said Neil Shader, a spokesperson for the Pennsylvania Department of Environmental Protection. New Jersey’s standards were recommended by the state’s Drinking Water Quality Institute in 2017. The DEP accepted them, meaning it would move forward with creating the standards — but residents have waited for further action. The process will still take months. The DEP will hold a public hearing next month and accept public comments until the end of May, and then must make a draft document before the new rules can be reviewed and adopted. The rule, once enacted, would require public water systems to test quarterly for the contaminants. Private well testing would be required as part of real estate transactions and on rental properties. “This is critical for protecting our drinking and groundwater,” said Jeff Tittel, director of the New Jersey Sierra Club. “Now the DEP needs to adopt these standards as soon as possible. The sooner we do, the quicker we can start removing toxic chemicals from our drinking water and cleaning up toxic sites.” In the last few years, dozens of public and private wells nationwide have been shut off and treated for high levels of PFAS. But the EPA has not created a drinking water rule governing how much PFAS is safe and legal in public drinking water, instead making only the nonbinding health advisory. Some experts say the EPA advisory is not protective enough of public health, and many residents in communities where drinking water has been cleaned up to that standard still worry about their health. State limits would require the military, manufacturers, and other polluters to clean up drinking wells according to the state standards. The military currently handles cleanup in communities near bases — including in Pennsylvania and New Jersey — where drinking water is above the EPA health advisory, but the Pentagon has said it will follow any state standards created. The EPA said in February it would begin creating a federal maximum contaminant level for PFAS, a process that will take years. Advocates and politicians are skeptical of the EPA’s plan to address the contamination, saying it is not ambitious enough.
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New Jersey officials took action against companies last week for PFAS contamination, filing lawsuits over cleanup against DuPont, 3M, and Chemours, a DuPont spin-off company. The state also issued an order for those three companies as well as a fourth, Solvay, to pay for cleanup. In September, New Jersey became the first state to create a binding standard for another type of perfluorinated compound, PFNA, setting a drinking water limit of 13 ppt. The state announced interim groundwater standards for PFOA and PFOS last month.
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MEMORANDUM
TO: Eastern Shore of Virginia Ground Water Committee FROM: Britt McMillan Principal Hydrogeologist Arcadis DATE: April 16, 2019 SUBJECT:
April 2019 Ground Water Consultant Report Technical/Regulatory/Educational Items
1. Public Comment on Draft Groundwater Withdrawal Permit for Painter Complex, public comment period ending May 1, 2019. The Draft Permit is a renewal of an existing permit (GW0069200). Information presented in the Technical Analysis and Draft Fact Sheets provides information useful in further consideration of the Columbia aquifer as a source of water. (See attached, starting p. 37.) Of note:
a. 85% of the withdrawal is from the Columbia (surficial). b. A 48-hour aquifer test was conducted on a well in the Columbia aquifer. The well
was pumped at a sustained rate of 144.5 gpm. c. Based on aquifer testing actual productivity of the Columbia aquifer is much
higher than predicted by the model and actual productivity of the middle Yorktown-Eastover aquifer is much lower than predicted by the model.
The information provided on the Painter Complex supports further development of the Columbia aquifer as a source of water on the Eastern Shore.
2. Environment Virginia 2019 Conference Presentation: Developing Sustainable Groundwater Use on the Eastern Shore of Virginia: The presentation is scheduled for March 27th from 1:15-2:15 under the session titled: Groundwater Management in Eastern Virginia. The abstract for the presentation was provided in the February 2019 Ground Water Consultant Report. A draft of the presentation will be provided to the Groundwater Committee and can be found at http://www.a-npdc.org/wp-content/uploads/2019/04/ES-Sustainable-Groundwater-Use.pdf
3. Poultry House Draft Permits: Draft poultry house groundwater withdrawal permits are expected second or early third quarter this year. In anticipation the following information was requested from DEQ:
1 Review DEQ Consent Orders for unpermitted poultry houses that appear to require a groundwater withdrawal permit. Aug
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Review draft poultry house Groundwater Withdrawal Applications for 41 applications provided to the Groundwater Committee. The review focused on location of the proposed withdrawals, target aquifers, requested amounts, and considerations for the groundwater resource.
Aug
3 Reviewed proposed additional activities for the Groundwater Committee to consider for FY2019. Aug
4 Supplemental Water Quality information on Columbia aquifer and Yorktown-Eastover aquifers. Sep
5 Information on Columbia (Surficial) aquifer Yield and Quality Summary. Oct 6 Presented potential legislative options for promoting Columbia aquifer use Nov 7 Presented summary of the 2nd Annual DEQ Groundwater Information Exchange Dec
8 Completed update of the Northampton County and Accomac County Water Supply Plans for DEQ Dec
9 Presented summaries of legislative bills introduced in the General Assembly Jan 10 Presented summary of 2013 Groundwater Protection Plan Feb
Kuzzens Painter Complex Draft Permit 26,133,000 69,240,000 Task 4 – Implement Committee Work Plan
Activity Month(s) Outcome
Columbia (surficial) aquifer research. October Identified research needs for the Columbia aquifer and methods to provide the information that have the greatest cost/benefit.
HB 1036 Groundwater Trading Work Group October
Trading work group met October 22 for the initial meeting to review past findings of the work group and discuss agenda for next meeting.
HB 1036 Groundwater Trading Work Group March
Trading work group met March 21 for the second meeting to discuss potential framework and regulatory and aquifer limitations for various trading programs used in other areas of the country and internationally.
Environment Virginia April Presented “Developing Sustainable groundwater Use on the Eastern Shore of Virginia”
Task 5 – Progress Reports % Completion 80%
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July 1, 2019
MEMORANDUM TO: District Health Directors GMP #2019-01 Environmental Health Managers Office of Environmental Health Services Staff Onsite Soil Evaluators Professional Engineers Onsite System Operators and Installers Water Well System Providers THROUGH: M. Norman Oliver, MD, MA State Health Commissioner THROUGH: Allen Knapp, Director Office of Environmental Health Services FROM: Lance Gregory, Director Division of Onsite Sewage and Water Services, Environmental Engineering, and Marina Programs SUBJECT: GUIDANCE MEMORANDA AND POLICY (GMP) 2019-01 House Bill 888; Hardship Guidelines PURPOSE: This policy outlines the procedure for means testing of applicants who petition the
Virginia Department of Health (VDH) for evaluation and design services for onsite sewage systems and private well pursuant to Chapter 831 of the 2018 Virginia Acts of Assembly. This policy also establishes Hardship Guidelines whereby the Virginia Department of Health (VDH) may serve as a provider of last resort for evaluation and design services for onsite sewage systems and private wells pursuant to Chapter 831 of the 2018 Virginia Acts of Assembly.
SCOPE:
This policy outlines the procedure for means testing of applicants who petition the Virginia Department of Health (VDH) for evaluation and design services for onsite sewage systems and private well pursuant to Chapter 831 of the 2018 Virginia Acts of Assembly (HB 888). This policy also establishes Hardship Guidelines necessary to implement the transition of evaluation and design services for onsite sewage systems and private wells to the private sector,
while maintaining VDH as a provider of last resort as outlined in HB 888. Property owners requesting eligible evaluation and design services that do not meet the income eligibility criteria established in HB 888 or meet the Hardship Guidelines are required to obtain evaluation and design services from the private sector. AUTHORITY:
HB 888, as amended and effective July 1, 2018, provides authority for VDH to gradually transition evaluation and design services for onsite sewage systems and private wells to the private sector. HB 888 authorizes VDH to continue providing evaluation and design services associated with a building permit for a principal place of residence or the repair of a system that is for a principal place of residence from July 1, 2019 to June 30, 2023 for applicants that meet income eligibility criteria specified in HB 888. HB 888 also authorizes VDH to establish guidelines to maintain VDH as a provider of last resort for property owners who demonstrate a specific hardship in obtaining private sector evaluation and design services associated with a building permit for a principal place of residence or the repair of a system that is for a principal place of residence. BACKGROUND:
VDH staff have historically served as the primary provider of site and soil evaluations and designs in the Commonwealth for onsite sewage systems and private wells. However, several pieces of legislation approved in the 1990’s created a process for VDH to accept evaluations and designs from private sector service providers. Since that time, two overarching principles have emerged: VDH should continue providing regulatory oversight; and VDH should increase private sector participation to the extent possible.
Over time, and without a specific statutory mandate to require private evaluations and designs, the use of private sector service providers gained broad acceptance in many parts of the Commonwealth.
In 2016, VDH released A Plan for the Orderly Reduction and Elimination of Evaluation and Design Services by the Virginia Department of Health for Onsite Sewage Systems and Private Wells (HB 558 Report). The HB 558 Report detailed VDH’s strategic vision to shift evaluation and design services for onsite sewage systems and private wells to the private sector in an orderly manner so limited VDH resources can be focused on improving public health and the environment. The HB 558 Report presented 20 specific recommendations to implement the strategic vision, including means testing by VDH to of applicants over an initial transition period and establishing guidelines for VDH serving as a provider of last resort for property owners that demonstrated specific hardships in obtaining private sector services. VDH
recognized several geographic areas within the Commonwealth, as well as several application types, will be particularly difficult to transition to the private sector. VDH recommended means testing and the development of guidelines to address situations in which owners could demonstrate a hardship in obtaining private sector services to ensure access to onsite sewage system and private well evaluation and design services for all Virginians.
Chapter 602 of the 2017 Virginia Acts of Assembly (HB 2477) directed VDH to begin eliminating site evaluation and design services for onsite sewage systems and private wells. This was accomplished by enacting recommendations from the HB 558 Report through agency policy. In 2018, the Virginia General Assembly passed HB 888 directing VDH to enact the remaining recommendation from the HB 558 Report to complete the transition of evaluation and design services to the private sector. HB 888 provides a plan to transition onsite sewage system and private well evaluation and design services to the private sector over five years. However, HB 888 maintains the ability for VDH to provide evaluation and design services throughout the transition based on means testing of applicants. HB 888 also continues the authorization for VDH to provide evaluation and design services throughout and after the five-year transition period for property owners demonstrating a specific hardship acquiring private sector evaluation and design services associated with a building permit for a principal place of residence or the repair of a failing system serving a principal place of residence.
HB 888 sets out specific income eligibility criteria for means testing of applicants from July 1, 2019 to June 30, 2023, using the federal poverty guidelines. HB 888 also directs VDH to develop guidelines for hardships, including (i) the availability of properly licensed service providers working within a locality or region, (ii) the disciplinary history of private sector providers, and (iii) the cost of private sector services. The hardship guidelines established by this policy set the criteria for property owners to request onsite sewage system and private well evaluation and design services from VDH as directed by HB 888.
EXCLUSIONS FROM MEANS TESTING AND HARDSHIP GUIDELINES Pursuant to HB 888 all owners must seek private sector services for the following beginning July 1, 2018: onsite sewage system voluntary upgrades, certification letters, subdivision evaluations, and applications for new onsite sewage systems that are not for a principal place of residence. The means testing criteria and hardship guidelines outlined in this policy do not apply to these application types. Evaluations and design types requiring private sector design services prior to July 1, 2018, by VDH policy are ineligible for VDH services. These services include evaluation or design for: non-residential onsite sewage systems; onsite sewage systems with a design flow
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over 1,000 gallons per day; alternative onsite sewage systems; alternative discharging sewage systems; and onsite sewage system designs requiring the services of a professional engineer. MEANS TESTING: Beginning July 1, 2019, and until June 30, 2020, property owners that submit a complete application with a household income at or below 400 percent of the federal poverty guidelines established by the U.S. Department of Health and Human Services (federal poverty guidelines) may receive VDH evaluation and design services for: a) new or repair conventional onsite sewage systems serving a principal place of residence; b) private wells; and c) and safe, adequate, and proper evaluations for conventional onsite sewage systems serving a principal place of residence (as required by §32.1-165). Property owners seeking such services must first petition VDH to provide services using the Petition for VDH Services Form (Appendix A). Means testing of the property owner’s income shall follow the same procedure as the determination of income eligibility for fee waivers (see VDH’s Eligibility Guidance Document for the Regulations Governing Standards & Charges for Medical Care Services to Individuals). From July 1, 2020, to June 30, 2021, eligibility shall be reduced to property owners with household income at or below 300 percent of the federal poverty guidelines. From July 1, 2021, to June 30, 2022, eligibility shall be reduced to property owners with household income at or below 200 percent of the federal poverty guidelines. From July 1, 2022, to June 30, 2023, eligibility shall be reduced to property owners with household income at or below 100 percent of the federal poverty guidelines. A detailed listing of the specific means testing criteria in HB 888 is included in Appendix A. HARDSHIP GUIDELINES: Property owners that do not meet the means testing criteria outlined in HB 888, may still be eligible to receive services from VDH. Property owners meeting any of the following hardships shall be eligible to receive VDH evaluation and design services for: a) new or repair conventional onsite sewage systems serving a principal place of residence; b) private wells; and c) safe, adequate, and proper evaluations for conventional onsite sewage systems serving a principal place of residence (as required by §32.1-165). Property owners seeking services based on the following hardship guidelines must petition VDH to provide services using the Petition for VDH Services Form.
A. Owners Eligible for Fee Waivers for Construction Permits, Repair Permits, and Pit Privies.
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In additional to the specific means testing criteria outlined in HB 888, VDH has established the following income eligibilities as hardships that will apply prior to and after July 1, 2023. Any property owner that is eligible to receive a fee waiver pursuant to section 12VAC5-620-80.A of the Regulations Governing Application Fees for Construction Permits for Onsite Sewage Disposal Systems and Private Wells (12VAC5-620, the Fee Regulations) shall be eligible to receive VDH evaluation and design services.1 Further, any property owner with income below 200 percent of the federal poverty guidelines shall be eligible to receive VDH evaluation and design services when the application is for a pit privy or for a repair of a failing onsite sewage system. Determination of eligibility for a hardship based on income shall follow the same procedure as the determination of income eligibility for fee waivers (see VDH’s Eligibility Guidance Document for the Regulations Governing Standards & Charges for Medical Care Services to Individuals).
B. Replacement Wells and Well Abandonments.
Any property owner that is eligible to receive a fee waiver for the replacement or abandonment of a private well pursuant to section 12VAC5-620-80.D or 12VAC5-620-80.E of the Fee Regulations shall be eligible to receive VDH evaluation and design services.2
C. Safe, Adequate, and Proper Evaluations.
Any property owner seeking a safe, adequate, and proper evaluation for a conventional onsite sewage systems serving a principal place of residence (as required by §32.1-165) shall be eligible to receive VDH evaluation services from July 1, 2019 to June 30, 2020. Over this period, VDH will use improved data collection regarding the number of safe, adequate, and proper evaluations conducted by private sector service providers to inform necessary revisions to the Hardship Guidelines.
D. Number of Private Sector Providers. Any property owner seeking evaluation and designer services in a locality with an insufficient number of private sector service providers shall be eligible to receive VDH evaluation and design services. A locality will be deemed to have an insufficient number of 1 Section 12VAC5-620-80.A establishes the fee waiver when an owner whose family income is at or below the 2013 Poverty Income Guidelines for the 48 Contiguous States and the District of Columbia established by the Department of Health and Human Services, 78FR 5182 (January 24, 2013), or any successor guidelines, shall not be charged a fee. 2 Section 12VAC5-620-80.D allows the fee to be waived for any person applying for a construction permit for the replacement of a private well. Section 12VAC5-620-80.E allows the fee to be waived for any person applying for a permit to properly and permanently abandon or decommission an existing well on property that is their principal place of residence.
private sector service providers when the number of bare applications received in the locality over the previous state fiscal year (July 1st to June 30th) that resulted in the issuance of a permit exceeds the estimated number of additional designs that the private sector could provide in that locality. Once a locality is determine to have a sufficient number of private sector services provides, it shall maintain that designation. VDH will estimate the number of additional designs that the private sector could provide in a locality by using the following equation: (P x M)1.25 - W = X
P = Number of private sector providers that submitted at least five evaluations and designs within the locality over the previous state fiscal year (July 1st to June 30th).3 A = Average number of evaluations and designs per private sector provider submitted within the region over the previous state fiscal year (July 1st to June 30th) that resulted in a permit. (A map showing the specific regions is provided below; Map 1.) 1.25 = Private sector growth factor. W = Total number of private sector evaluations and designs submitted within the locality over the previous state fiscal year (July 1st to June 30th) that resulted in a permit. X = Estimated number of additional evaluations and designs that could be provided by the private sector.
Any locality receiving 10 or fewer total applications over the previous state fiscal year (July 1st to June 30th) will be determined to have a sufficient number of private sector service providers.. Any locality that receives more than 10 total applications over the previous state fiscal year (July 1st to June 30th), but has less than two private sector service providers submitting at least five evaluations and designs each in the previous state fiscal year (July 1st to June 30th) will be determined to have an insufficient number of private sector service providers. VDH will use the agency’s statewide environmental health database to determine P, A, and W. For determining the average number of private sector designs, VDH will use Map 1 to set each region for review, and will include only private sector providers submitting at least 10 evaluations and designs within the region over the previous state fiscal year (July 1st to June 30th). The equation will be run separately for onsite sewage system evaluations and designs, and private well evaluations and designs. Therefore, it may be determined that a locality has an insufficient number of private sector service providers for one service, but an adequate number of private sector service providers for the other.
3 For onsite sewage system construction services, “private sector providers” will include Onsite Soil Evaluators (OSE) and Professional Engineers (PE). For private well construction services, “private sector providers” will include OSEs, PEs, and Water Well System Providers. For safe, adequate, and proper evaluations, “private sector providers” will include OSEs, PEs, Onsite Sewage System Installers, Onsite Sewage System Operators, and individuals certified by the National Sanitation Foundation (or equivalent).
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Map 1: Service Provider Regions
VDH will post a list of localities (independent cities and counties) with an insufficient number of private sector services providers on the agency website. The list will be updated annually using information from the agencies statewide environmental health database for the previous state fiscal year (July 1st to June 30th) and posted no later than July 15th. A copy of the list is included in Appendix D. Private sector service providers that receive a disciplinary action, that is not a revocation or suspension, against their license from the Department of Professional and Occupational Regulations (DPOR) will not be counted towards the number of private sector providers submitting evaluations and designs within a locality the state fiscal year (July 1st to June 30th) in which the disciplinary action was in effect by DPOR.
E. Availability of Private Sector Service Providers. Owners shall qualify for a hardship to receive evaluation and design services for new
onsite sewage systems serving a principal place of residence when a private sector provider is not available to conduct an initial site visit within 15 business days of the date of the owners petition for services to the local health department. Owners shall qualify for a hardship to receive evaluation and design services for new private wells when a private sector service provider is not available to conduct an initial site visit within 15 business days of the date of the
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owners petition for services to the local health department. Owners shall qualify for a hardship to receive evaluation and design services to repair onsite sewage systems when a private sector provider is not available to conduct an initial site visit within five business days of the date of the owners petition for services to the local health department. Owners shall quality for a hardship to receive safe, adequate, and proper evaluation services (as required by §32.1-165) when a private sector provider is not available to conduct an initial site visit within 15 business days of the date of the owners petition for services to the local health department. Availability is based on the private sector provides ability to conduct an initial site visit, and does not include any delays resulting from actions required to be completed by the owner (e.g. surveying the property) prior to the initial visit.
Comments on the First Draft Hardship Guidelines were wide ranging on the appropriate means for VDH to verify that private sector service provides are not available. To assist in VDH’s determination for the best course of action, the Second Draft Hardship Guidelines provide several potential options. We greatly appreciate you input on the strengths and weaknesses of each of these options. Option 1: Property owners must contact at least two private sector providers prior to petitioning VDH for services. The owner must provide the names of the private sector providers contacted on the Petition for VDH Services Form and the timeline provided. Option 2: Property owners must contact all private sector providers working within the applicable locality prior to petitioning VDH for services. The owner must provide the names of the private sector providers contacted on the Petition for VDH Services Form and the timeline provided. Option 3: Property owners must contact at least two private sector providers prior to petitioning VDH for services, and must obtain a written statement from the service provider verifying that the service provider is not available. The owner must provide the written statements with the Petition for VDH Service Form. Option 4: The availability of private sector service provides shall be determined based on the backlog of work for private sector provides. Local health departments shall contact all private
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sector service providers servicing the locality on a (monthly, quarterly, or annual) basis to request there current backlog for: a) new or repair conventional onsite sewage systems serving a principal place of residence; b) private wells; and c) and safe, adequate, and proper evaluations for conventional onsite sewage systems serving a principal place of residence (as required by §32.1-165). Option 5: The availability of private sector service provides shall be determined based on reporting from private sector providers. Local health departments shall contact all private sector service providers servicing the locality on a (monthly, quarterly, or annual) basis to ask whether the provided is available within the allotted timeframe for: a) new or repair conventional onsite sewage systems serving a principal place of residence; b) private wells; and c) and safe, adequate, and proper evaluations for conventional onsite sewage systems serving a principal place of residence (as required by §32.1-165).
F. Public and Non-Profit Funded Projects Projects that will be wholly or partially funded by public funds or funds from a non-profit organization shall be considered a hardship, provided the evaluation and design services required are outside of the exclusions of this policy (e.g. evaluations and designs for conventional onsite sewage systems equal to or less than 1,000 GPD) and provided the recipient of the funds meets the means testing criteria for VDH services.
G. Further Considerations. Owners that do not qualify for a specific hardship outlined in this policy may petition the District Health Director for further consideration provided the requested evaluation and design service is not exempt from the hardship guidelines. The District Health Director may delegate review of such request to the District Environmental Health Manager. Such requests will be reviewed on a case-by-case basis, and the final determinations will be tracked by each local health district. The reviewer’s evaluation shall consider the effect granting the request will have on: the agency’s vision to transition evaluation and design services to the private sector; the operation of the proposed onsite sewage system or private well; and the effect on protection of public health and the environment.
F. Annual Review. VDH will conduct a review of this policy annually until at least July 1, 2023. The review shall include the following:
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1. Recommendations for revisions provided by the Sewage Handling and Disposal Advisory
Committee and other stakeholders. 2. Analysis of requests for VDH services pursuant to income eligibility criteria in Part 1, §4
of HB 888 to determine whether the income eligibility criteria in this policy should be revised.
3. Analysis of the estimated number of additional evaluations and designs that could be provided by the private sector within localities versus the actual increases observed over the previous state fiscal year (July 1st to June 30th) to determine whether modification to the equation in Section IV is necessary.
4. Analysis of request for consideration of hardships not specified within these Hardship Guidelines and determinations rendered for each case by District Health Directors to determine whether additional specific hardships or exclusion are necessary.
5. Analysis of the percent of private sector safe, adequate, and proper evaluations. 6. Analysis of the percent of private sector evaluations and designs for alternative onsite
sewage system and conventional onsite sewage systems to determine whether additional verification of property owner disclosure is required.4
7. To assist property owners in making informed decisions regarding onsite sewage system and private well evaluation and design services, VDH will conduct surveys regarding the cost of private sector services. Information regarding the average cost of private sector services will be posted on the agency website with breakdowns at the state, regional, and locality level.
8. Update the policy based on changes to the Federal Poverty Guidelines. A copy of VDH’s annual review shall be posted on the agency website.
4 Private sector service providers are required to disclose to the property owner when a conventional onsite sewage system is an option.
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Appendix A Petition for VDH Services Form
I, (property owner name), am petitioning VDH to provide evaluation and design services based on (select one): ☐ Means test (household income at or below 400% of the federal poverty guidelines) ☐ VDH Hardship Guidelines If you selected VDH Hardship Guidelines, please check all of the following guidelines that apply: ☐ Qualify for fee waiver pursuant to 12VAC5-620-80.A. ☐ Replacement well. ☐ Well abandonment. ☐ Safe, Adequate, and Proper Evaluation. ☐ Onsite sewage system repair – income below 200% of the federal poverty guidelines. ☐ Pit privy – income below 200% of the federal poverty guidelines. ☐ Insufficient number of private sector service providers.5 ☐ Fewer than 2 private sector services providers.6 ☐ Private sector not available within 15 Days – new onsite sewage system, new private well, or safe, adequate, and proper evaluation. Provide the names of private sector services providers contacted and timeframe: _______________________________________________________________________ ☐ Private sector not available within 5 Day – repair onsite sewage system Provide the names of private sector services providers contacted and timeframe: _______________________________________________________________________ ☐ Public or non-profit funded project. ☐ Other: If other, please provide a detailed description of your hardship in obtaining private sector evaluation and design services along with any relevant documents that you believe support your request. If your request is based on the cost of private sector evaluation and design services, please provide the name of at least two private sector service provider you contacted, along with written estimates provided by each. (Detailed description can be attached) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 5 (Insert link to VDH website – list of localities with insufficient number of private sector service providers.) 6 (Insert link to VDH website – list of localities with fewer than 2 private sector service providers.)
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___________________________ _________________ Owners Signature Date Petition for services ☐ Approved ☐ Denied by _______________________________________
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Appendix B U.S. Department of Health and Human Services
Federal Poverty Guidelines (FPG)
Means Testing Criteria – July 1, 2019 to June 30, 2020 Persons in
Family/Household 400% of Federal Poverty Guidelines
Source: U.S. Department of Health and Human Services, Office of the Assistant Secretary for Planning and Evaluation; https://aspe.hhs.gov/poverty-guidelines
Excluded from Hardship Evaluation Qualify for Hardship Onsite Sewage System Voluntary Upgrades New Onsite Sewage System for a Principal
Place of Residence– Owner Qualifies for Fee Waiver Under 12VAC5-620-80
Certification Letters All SAPs Subdivision Evaluations Replacement Wells New Onsite Sewage Systems Not For a Principal Place of Residence
Well Abandonments
Non-residential Onsite Sewage Systems Conventional Onsite Sewage System Repairs – Owner income below 200% of Federal Poverty Guidelines
Onsite Sewage Systems Greater than 1,000 GPD
Pit Privy – Owner income below 200% of Federal Poverty Guidelines
Alternative Onsite Sewage Systems VDH Determines Locality Has an Insufficient Number of Private Sector Service Providers.
Alternative Discharging Sewage Systems Any Locality With Fewer Than 2 Private Sector Services Providers Submitting at Least 5 Evaluations and Designs Each in the Previous State Fiscal Year
Systems Requiring a Professional Engineer New Onsite Sewage System for Principal Place of Residence– Private Sector Not Available Within 15 Business Days
Localities Receiving 10 or Fewer Total Applications
New Private Well – Private Sector Not Available Within 15 Business Days
Conventional Onsite Sewage System Repairs – Private Sector Not Available Within 5 Business Days
SAP – Private Sector Not Available Within 15 Business Days
Public or Non-profit funded project.
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Appendix D Localities with an Insufficient Number of Service Providers – Onsite Sewage System
Construction
List of Localities Meeting Hardship Accomack Alleghany Appomattox Bath Bland Brunswick Buchanan Buckingham Carroll Charlotte Craig Cumberland Dickenson Grayson Greensville Halifax Henry Highland Lee Lunenburg Lynchburg Northampton Nottoway Patrick Pittsylvania Rappahannock Richmond Co. Roanoke Co. Russell Scott Smyth Southampton Surry Sussex Tazewell Washington Westmoreland Wise Wythe York
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Localities with an Insufficient Number of Service Providers – Private Well Construction
List of Localities Meeting Hardship
Accomack Albemarle Alleghany Amherst Appomattox Augusta Bedford Bland Brunswick Buckingham Campbell Carroll Charles City Charlotte Chesapeake Chesterfield Clarke Craig Cumberland Franklin Co. Giles Gloucester Grayson Greene Greensville Halifax Hampton Henry Isle of Wight James City King & Queen King William Lancaster Lee Lunenburg Mathews Middlesex Nelson Newport News Northampton Northumberland Nottoway Page Patrick Pittsylvania Pulaski Rappahannock Richmond Co. Roanoke Co. Rockingham Russell Scott Southampton Suffolk Surry Sussex Tazewell Virginia Beach Washington Westmoreland Wythe York
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Localities with an Insufficient Number of Service Providers – Safe, Adequate, and Proper Evaluations
All localities. Safe, adequate, and proper evaluations are listed as an eligible hardship.
Public Notice – Environmental Permit
PURPOSE OF NOTICE: To seek public comment on a draft permit from the Department of Environmental Quality for the withdrawal of ground water in Accomack, Virginia. PUBLIC COMMENT PERIOD: April 1, 2019 to May 01, 2019 PERMIT NAME: Ground Water Withdrawal Permit issued by DEQ, under the authority of the State Water Control Board APPLICANT NAME, ADDRESS AND PERMIT NUMBER: Kuzzens, Inc.; 35096 Lankford Highway Painter, VA 23420 NAME AND LOCATION OF WATER WITHDRAWAL: Painter Complex consisting of the Painter Farm, Packing Plant, Housing, and Apartments; Lankford Highway between Routs 603 and 607 PROJECT DESCRIPTION: Kuzzens, Inc. has applied for reissuance of a permit for Agricultural and Public Water Supply Use in Accomack, Virginia. The permit would allow the applicant to withdraw an average of 189,698 gallons per day. The ground water withdrawal will support Agricultural and Public Water Supply uses in the Complex. The proposed withdrawal will utilize the Columbia and Middle Yorktown Eastover aquifers at a depth between approximately 10 feet to 85 feet and 185 feet to 250 feet below the land surface at the withdrawal site. An aquifer is a body of rock or layer of sediment in the ground in which groundwater is stored and transported. DEQ has made a tentative decision to issue the permit. AFFECTED AREA: The radial distance from the wells to where computer modeling predicts the aquifers may experience one foot of drawdown due to the withdrawal is illustrated on a maps that can be viewed at http://www.deq.virginia.gov/Programs/Water/WaterSupplyWaterQuantity/GroundwaterPermitting/PublicNoticesIssuedPermits.aspxHOW TO COMMENT AND OR REQUEST A PUBLIC HEARING: DEQ accepts comments and requests for public hearing by e-mail, fax or postal mail. All comments and requests must be in writing and be received by DEQ during the comment period. Submittals must include the names, mailing addresses and telephone numbers of the commenter/requester and of all persons represented by the commenter/requester. A request for public hearing must also include: 1) The reason why a public hearing is requested. 2) A brief, informal statement regarding the nature and extent of the interest of the requester or of those represented by the requestor, including how and to what extent such interest would be directly and adversely affected by the permit. 3) Specific references, where possible, to terms and conditions of the permit with suggested revisions. DEQ may hold a public hearing, including another comment period, if public response is significant and there are substantial, disputed issues relevant to the proposed permit. CONTACT FOR PUBLIC COMMENTS, DOCUMENT REQUESTS AND ADDITIONAL INFORMATION: Ryan Green; Department of Environmental Quality Central Office, 1111 E. Main Street, Suite 1400, Richmond, VA, 23219; POSTAL ADDRESS: PO Box 1105, Richmond, VA 23219; PHONE: 804-698-4258; E-MAIL: [email protected]; The public may request the draft permit and application via the contact named above.
