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HomeMy WebLinkAboutVA199000017 Other 1990-06-28 tIV,��,u - VA-90-17 George Graham„40,,m .—. COUNTY OF ALBEMARLE Department pf Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 June 28, 1990 Albemarle County Circuit Court Attn: Shelby Marshall, Circuit Court Clerk Court Square Charlottesville, VA 22901 Dear Mrs. Marshall: Submitted herewith are the documents submitted to the Board of Zoning Appeals by the Zoning Administrator on March 13 , 1990, for VA-90-17 for George Graham. Please find attached a copy of the verbatim transcript from the meeting prepared by Sharon Taylor, Recording Secretary. An index of the documents is enclosed for your convenience. Respectfully, 111-46,1-n ,Pasae,04-‘-- Amelia M. Patterson Zoning Administrator AMP/st cc: VA-90-17 Enclosures Index of Documents Submitted to Board of Zoning Appeals on March 13, 1990, for George Graham for VA-90-17. 1. Letter dated March 2 , 1990 from George A. Graham to Amelia Patterson (Request to sign Virginia State Water Control Board's form) 2 . County tax map 93 displaying parcels 122 & 125 3 . Plat displaying lot 18 & lot 15 signed by County on 5/18/79 4. Legal Ad which was ran in Daily Progress on 2/26/90 & 3/5/90 5. Enlarged copy of plat signed by County on 5/18/79 displaying both sheet one and two 6. Variance Application VA-90-17 dated February 16, 1990 7 . Cost Form 8. Letter dated February 28, 1990 from George St. John to Amelia Patterson 9. Adjacent owner's list dated 3/5/90 10. Adjacent owner's notification letter dated March 5, 1990 from Amelia Patterson 11. Letter dated March 5, 1990 to George Graham from Amelia M. Patterson 12 . Memo dated March 7 , 1990 from Wayne Cilimberg to Amelia Patterson 13 . Letter dated March 12, 1990 from Roger Fuller, Marian Fuller, Patsy A. Himelsick, Ralph L. Himelsick, Cathy Good, Bobby Good, Amy Butler, and Jeffrey Butler to County of Albemarle Department of Zoning, Attn: Ms. Patterson 14 . Staff Report 15. Letter dated March 16, 1990 to George Graham from Amelia Patterson Index of Documents Submitted to Board of Zoning Appeals On March 13, 1990, for George Graham for VA-90-17 Page 2 16. Documents submitted by the Piedmont Environmental Council which includes House Bill No. 755 & & 78 and Virginia Acts of Assembly -- Chapter 17 . Memo dated October 7, 1988 from Malcolm Tenney, Jr. , M.D. in referenced to Proposed VPDES Policy NOTE: The following documents were submitted to the Board on March 13th by George Graham: 18 . Letter dated November 6, 1986 To Whom It May Concern from Andrew D. Evans, Deputy Zoning Administrator 19. Letter dated July 21, 1989 to George Graham from Amelia M. Patterson 20. Sections 4 . 2 . 5 and 4 . 2 . 6 (page 26) of the Albemarle County Zoning Ordinance 21. Section 4 . 0 General Regulations of the Albemarle County Zoning Ordinance (Amended 6-3-81 and 11-15-89) 22 . Memo dated February 1, 1979 from Jack Collins to Donald Gaston, Senior Planner 23 . State Water Control Board application form & Effluent Limitations and Monitoring Requirements 24 . Commonwealth of Virginia "Draft" Sewerage Regulations 25. Profile of Septic Tank - Sand Filter & Attachments (17 pages) 26. Pages 31 - 35 from Impacts of Septic Systems on Water Quality: Considerations for VA's Chesapeake Bay Protection Act 27 . EPA An Emerging Technology Intermittent Sand Filtration A Process Assessment 28. Onsite Wastewater Treatment Intermittent Sand Filters 29 . Commonwealth of Virginia State Board of Health - Sewage Handling & Disposal Regulations, Page 13 30. VA-90-17 Staff Report for George Graham COUNTY OF ALBEMARLE Office of County Attorney 416 Park Street Charlottesville, Virginia 22901 Telephone 296-7138 JAMES M. BOWLING, IV GEORGE R. ST.JOHN DEPUTY COUNTY ATTORNEY COUNTY ATTORNEY April 18, 1990 • Mrs. Amelia M. Patterson Zoning Administrator County Office Building 401 McIntire Road Charlottesville, Virginia 22901-4596 Re: Graham, et al. v. BZA Dear Amelia: Enclosed is a Petition for Writ of Certiorari, and an Order signed by the Judge of the Circuit Court on April 12 , 1990 granting the same, in connection with the George Graham variance. Please have Sharon type the transcript of proceedings, make a copy for yourself, a copy for me, and a copy for Mr. Graham, together with copies of all exhibits, and file the first copy with the Clerk of the Court. Sincerely yours, George R. . John County Attorney GRStJ/tlh Enclosure liFEJ APR 19 1990 ALBEMARLE COUNTY ZONING DEPARTMENT Y.. a • COMMONWEALTH OF VIRGINIA -Y zi rr.1 lt'>zz 1'01" • • NOTICE OF MOTION FOR J uUGMENT File No 1117.3.L CIRCUIT COURT OF ALBEMARLE COUNTY d` ROOM 225 OLD COUNTY OFFICE BUILDING ' COURT SQUARE CHARLOTTESVILLE, VIRGINIA 22901 Telephone Number (804) 296-6621 TO: di f" George St . John 416 Park St . • Charlottesville, VA 22901 You are hereby notified that unless within twenty-one (21) days after service of the notice of Motion for Judgment on you, response is made by filing in the clerk's office of this court a pleading in writing, in proper legal form, judgment may be entered against you by default. Done in the name of the Commonwealth of Virginia. April 12 , 1990 Shelby J . Marshall Clerk (date) (2,4/) ,p_te._ by e y�ferk NOTICE OF MOTION FOR J u1)GMENT VIRGINIA : IN THE ZCUIT COURT FOR THE COUNT' OF ALBEMARLE GEORGE A . GRAHAM BETTY H . GRAHAM PETITION FOR v. ALBEMARLE COUNTY BOARD OF WRIT OF CERTIORARI ZONING APPEALS TO THE HONORABLE JUDGE OF SAID COURT : Now come your petitioners and respectfully represent as follows : 1 . That petitioners are the owners of those certain lots or parcels of real property. zoned RA, situated in Albemarle County, Virginia, described as Tax Map 93 , Parcel 122 , Lot 15 , and Parcel 125 , Lot 18 being lots in Ashmere Subdivision in which Petitioners reside on another lot therein . 2 . Petitioners are owners of said property and the deed is recorded in Albemarle County ' s Clerk ' s Office in Deed Book 842 , page 0742 . 3 . Petitioners in late October or early November, 1986 requested a clarification of the issue concerning the County ' s ordinance on sewage disposal as it applied to Ashmere Subdivision. Petitioners received a letter dated November 6 , 1986 from Deputy Zoning Administrator in which he stated that Ashmere Subdivision Lots 6-21 were exempt from provisions of Section 4 . 1 . 6 of Albemarle County Ordinance . (A copy of this letter accompanies this Appeal . ) 4 . Around the first of July, 1989 Petitioner George Graham spoke with the Chief of Planning, Ron Keeler , and told him about the above-mentioned letter . He advised that Amelia Patterson was the current Zoning Administrator and that her , opinion should be requested in this matter . Upon this referral Petitioner gave Zoning Administrator a copy and requested her opinion . S . Petitioners received a letter from Ms . Patterson dated July 21 , 1989 in which she concurs with Andrew Evans ' opinion that Ashmere Subdivision is exempt from the provisions of Section 4 . 1 . 6 . In the letter she further acknowledges that Section 4 . 2 . 6 . 2 permits an exception or grandfathering for lots of record on the effective date of present ordinance from its requirements . (A copy of this letter accompanies this petition. ) 6 . Petitioners learned that the State Health Department has an approved alternative method of sewage disposal , Type 3 , which is listed in the Commonwealth of Virginia ' s Sewage Handling and Disposal Regulations . (Statutory Authority, 32 . 1-166 . 1 , Code of Virginia . ) Authority for the Petitioners ' proposed Type III system is covered under, but not limited to , Section 32 . 1-163 , Section 32 . 1-164 , Section 32 . 1-166 . 1 , and Title 62 . 1 of the Code of Virginia . 7 . Petitioners met with the State Water Control Board (SWCB) in Richmond and at their Bridgewater office and obtained information pertaining to the Intermittant Sand Filtration System (Type III) and was given an application for this type of sewage disposal . Petitioners were instructed to get the local Health Department in Charlottesville to fill the form out and for the Petitioners to sign it . Petitioners were also given a form which addresses the County, City or Town Administrator . In order for the S .W .C .B . to begin to process -2- this application for the Type III Disposal System they must have the form signed . 8 . On February 9 , 1990 Petitioner , George Graham met with Sanitarian, Gary Rice , from the local Health Department in regard to the State Water Control Board ' s application . Mr . Rice stated that he could assist me with filling the form out after approval was obtained from Albemarle County and expressed doubt that the necessary approval would be given. Petitioner told him that there should be no problem as he had two letters from Zoning stating than the property was exempt . 9 . Petitioner carried the State Water Control Board ' s form, stating that the proposed system is consistent with 15 . 1-427 , Code of Virginia , to Amelia Patterson for a signature . After about two weeks Petitioner , George Graham, went by Ms . Patterson ' s office to inquire about its status . At that time she took the form to Wayne Cilimberg ' s office (Planning) and was told he was out . An appointment was scheduled for February 16 , 1990 . 10 . At this meeting Petitioner , George Graham, explained how the Intermittent Sand Filter System worked . Petitioner told both Mr . Cilimberg and Ms . Patterson that he felt that Ashmere Subdivision was exempted from their current ordinance and that the form should be signed as soon as possible as we have a buyer, who is a friend and who is very anxious to start building . Amelia stated that at the time she wrote the letter that she was not aware of the type of system that we were proposing (even though this system is covered in the -3- same regulations that the County is using) . Ms . Patterson stated that day that apparently the Zoning Department ' s letters had been relied on and an exception should be made in this case . Wayne Cilimberg then said that he would hate for it to be approved with the Health Department only to be turned down by the Building Inspections Department . He then suggested that an appeal be made to the Board of Zoning Appeals . Both felt that this was the way to go to obtain approval that they needed to recommend to the County Administrator the above- mentioned form from the State Water Control Board be signed . Ms . Patterson noted that the deadline for filing for the next meeting of the Board of Appeals was passed but felt that they contributed to this and allowed the Petitioners to be heard at the next meeting of the Board of Appeals . 11 . Prior to this meeting , in an effort to seek a good lawyer , Petitioner went to see Fred Payne and explained this situation. Petitioner was advised by Fred Payne that the County did not regulate this and that an attorney was not needed at that time . After not being successful in gaining approval from the Zoning Department , Petitioner went back to Fred Payne who was familiar with Section 15 . 1-4 . 27 and said that Ms . Patterson should check off number one on the State Water Control Board ' s form and sign it . It should be noted that Fred Payne has just stepped down from being Assistent County Attorney, and is , currently, County Attorney for some other neighboring jurisdictions . 12 . On the day of the meeting Petitioner spoke with Fred Payne who had talked with the Zoning officials and said -4- that they had advised him that they did regulate in this matter . He then advised that Petitioner meet with Mr . Cilimberg and Ms . Patterson. 13 . Petitioner , George A . Graham, after meeting with the Zoning Department , contacted George St . John, Albemarle County Attorney, to obtain a clarification on this matter . Upon giving Mr . St . John details of what we , the Petitioners , are trying to do , Mr . St . John said he was familiar with this type of permit that we were seeking to obtain. He was also notified that this matter was to be heard before the Board of Appeals for a variance . Mr . St . John said that he did not feel the Board of Appeals was the right place to take this matter . He explained that what we were proposing was not in compliance with the current County Regulations but that (grandfathering) Ashmere was not required to be in compliance with this current ordinance and state that since we were not required to be in compliance it could be said that we were in compliance . Mr . St . John also stated that a letter from the County would suffice but since the State Water Control Board specifically wanted a particular form signed , it should be used instead . Mr . St . John emphasized that he was attorney for the Albemarle County and that as such he worked for the County and represented their side of the issue . Copies of the letters that were mailed to the Petitioners from Zoning were placed in Mr . St . John ' s mailbox in the Zoning Department for his review . 14 . Petitioners then went to Amelia Patterson to see if she had discussed this matter with Mr . St . John. She -5- 1 , replied that she had , but that Mr . St . John did not want to get involved in this matter . 15 . Petitioner , George A . Graham, again , contacted George St . John and was advised that Ashmere Subdivision was not in compliance with the Albemarle County ' s Ordinance 4 . 1 . 6 . He again reminded that he represented Albemarle County and the Zoning Department . 16 . On March 13 , 1990 Petitioners appeared before the Board of Appeals for a variance . At this time copies of the proposed system, the Health Department ' s technical instructions on the Sand Filter System, an E . P .A . publication on the proposed system, copies of the letters from the Zoning Department , copies of letters from residents of Ashmere who support this system, the Health Department ' s approval letter that had been filed at the creation of this subdivision and the required form from the State Water Control Board were given to each Board member and to Amelia Patterson for her file . 17 . After a lengthy presentation Petitioners were told that this was not a matter for the Board of Appeals for a variance . Since., according to the Board , this was something that could be used by other county residents , and felt that this matter should be presented to the Board of Supervisors , the Board of Appeals denied our request . 18 . The following day, March 14 , 1990 , this matter was taken before the Board of Supervisors for Albemarle County. 19 . We , the petitioners , are aggrieved land owners who have been denied use of our property by Albemarle County ' s -6- • refusal to allow a Department of Health ' s Sewage Disposal System that has been approved by the Code of Virginia and by the Federal Government ' s Environmental Protection Agency . In furtherance of this wrong , this denial is with the County ' s knowledge that George A . Graham was sent two letters of acknowledgement that the Ashmere Subdivision is exempt from the current ordinance , 4 . 1 . 6 . Based on this the Board of Zoning Appeals was wrong not to realize the uniqueness in that we were given previous verbal and written approvals to the fact that Ashmere is exempt under Albemarle County Ordinance 4 . 1 . 6 . This plainly restricts and denies us the use of our property . 20. We , the petitioners , are aggrieved in that time is most important for a pending sale of one of these lots to a friend . One sale has been lost due to series of delays . The Board gave approval for a variance on a similar type of sewage disposal request at Board of Appeals meeting . What we , the Petitioners , are requesting would in no way be detrimental to the health of the community. All current residents of Ashmere Subdivision support this request . 21 . For the reasons stated herein , we , the Petitioners contend that the action by the Albemarle County Board of Zoning Appeals in denying our application VA-90-1/ was plainly wrong and has denied us due process of law under the Code of Virginia, sections hereinabove mentioned, the Articles of the Constitution of Virginia , mainly, but not limited to, the Seventh Amendment , Eleventh Amendment and the Fourteenth and , furthermore under the United States Constitution, Amendment Five and Amendment Fourteen . -7- WHEREFORE , your Petitioners pray, pursuant to Section 15 . 1-497 of the Code of Virginia (1950) as amended , that the Court allow a writ of certiorari to review the decision of the Board of Zoning Appeals and reverse , remand , or modify the same to provide your Petitioners with such relief as their cause may require . George/A . Graham Betty- Hi. Graham -8- �-t.? OF A L B S l ,jq R 1/4,0� A <F 1 G N%. DEPARTMENT OF ZONING 401 MCINTIRE ROAD CHARLOTTESVILLE. VA. 22901.4596 (804) 296-5875 November 6 , 1986 Re : Ashmere Subdivison - Lots 6-21 Plat dated/approved 5/18/79 County Tax Map 93 , Parcels 16 , 27 , 28 , & 22(part of) To Whom It May Concern : This letter is in regard to Albemarle County Zoning regula- tions about area and health regulations related to utilities . Lots of the Ashmere Subdivision (6-21) are exempt from pro- visions of Section 4 . 1 . 6 , which requires approval from the local office of the Virginia Department of Health of the location and area for both original and future replacement septic disposal fields adequate to serve such use . The ordinance was amended on June 3 , 1981 requiring the pro- vision of Section 4 . 1 . 6 . If you should have any questions , please contact the Zoning Department. Sincerely , Andrew D. Evans ISeputy Zoning Administrator ADE/st cc : Reading File Cam•,� ' .. 11,119, COUNTY OF ALI3L••MARLL Department l( iv ninq 401 McIntire Road Climb'tl�•.viIh•, Vir jinid 229(11 •1f 9 (804) 29(1 5875 July 21, 1989 Mr. George Graham 2105 Ashmere Drive Charlottesville, VA 22901 Re: Ashmere Subdivision - Requirement Relating to Septic Approval Dear Mr. Graham: This letter serves to confirm in writing for the record, that my opinion concurs with that of Andrew Evans as written in his November 6, 1986 letter to you. Ashmere Subdivision, Lots 6 - 21 was approved May 18, 1979 . Zoning regulations in effect at that tine did not require Health Department approval for "both original and future replacement septic disposal fields adequate to serve such use." Furthermore, Section 4 .2.6.2 permits an exemption or "grandfathering" of lots of record on the effective date of the present ordinance from the present requirements of Section 4 . 2, which includes two (2) septic field approvals. I would' strongly recommend, but cannot require that you attempt to find approval for two drainfield locations on each lot, even if it necessitates rearranging property lines. As you may be aware, if this issue is one of general public health, safety or welfare, the County or Health Department may become involved. If I can be of further assistance, please contact me. Sincerely, kmel . Patterst 'x''-- Zoning Administrator AMP/mlm VIRGINIA : IN TH,. CIRCUIT COURT FOR THE COUN_ 1 OF ALBEMARLE GEORGE A . GRAHAM BETTY H . GRAHAM Petitioners v. CASE NO . ALBEMARLE COUNTY BOARD OF ZONING APPEALS Defendant ORDER The Petitioners , as permitted by Section 15 . 1-497 of the Code of Virginia (1950) , as amended , presented to this Court their timely Petition for Writ of Certiorari to review the decision of the Albemarle County Board of Zoning Appeals , wherein on or after March 13 , 199n, such Defendant refused Petitioners ' application for a zoning variance (VA-90-17) by them applied for pursuant to the Albemarle County Zoning Ordinance . Now then, such Writ is hereby allowed ; wherefore , such Defendant shall within ten (10) days after service of this Writ make up and serve upon Petitioners the return with respect to such decision as required by Section 15 . 1-497 of the Code of Virginia , as amended . For notice hereof , let a copy of this Writ be served upon George St . John, attorney for the Defendant . ENTER �i✓✓ — —� .G�N�e `J— diUDGE DATE YA/ C) WE ASK FOR THIS : aGeorge Graham py TETE:J$ CLERK � L „ SHELBY . Mq� � HALL, Betty H . Graham 2105 Ashmere Drive uelp. Clerk Charlottesville , VA 22901 - VIRGINIA : IN THL .IRCUIT COURT FOR THE COUN_ _ OF ALBEMARLE GEORGE A . GRAHAM BETTY H . GRAHAM Petitioners v. CASE NO . ALBEMARLE COUNTY BOARD OF ZONING APPEALS Defendant ORDER The Petitioners , as permitted by Section 15 . 1-497 of the Code of Virginia ( 1950) , as amended , presented to this Court their timely Petition for Writ of Certiorari to review the decision of the Albemarle County Board of Zoning Appeals , wherein on or after March 13 , 199n, such Defendant refused Petitioners ' application for a zoning variance (VA-90-19) by them applied for pursuant to the Albemarle County Zoning Ordinance . A Now then, such Writ is hereby allowed; wherefore , such Defendant shall within ten (10) days after service of this Writ make up and serve upon Petitioners the return with respect to such decision as required by Section 15 . 1-497 of the Code of Virginia , as amended . For notice hereof , let a copy of this Writ be served upon George St . John, attorney for the Defendant .ENTER f -'el -V 6tiDGE DATE WE ASK FOR THIS : i LAC • s^��- George A . Grahama copy TEsrE: r SNELBy J,� � b J. MARSHALL, Betty H . Graham CLERK 2105 Ashmere Drive Charlottesville , VA 22901 Bep. C,e VERBATIM TRANSCRIPT ALBEMARLE COUNTY BOARD OF ZONING APPEALS MEETING HELD ON March 13, 1990 VA-90-17, GEORGE GRAHAM Those members present were Richard Cogan, Carl Van Fossen, George W. Bailey, William L. Rennolds, and Max C. Kennedy, Chairman. Other officials present were Amelia M. Patterson, Zoning Administrator; John W. Grady, Deputy Zoning Administrator; Kathy Dodson, Zoning Assistant; and Sharon Taylor, Recording Secretary. Mr. Kennedy: 90-17, 90-17 George Graham. That is the next one, isn't it. Ms. Patterson: Mr. Chairman, I would like to pass out two additional things: you've got two different plats to show each of the lots. I have also this afternoon received a copy of a petition signed by area residents. Mr. Kennedy: Have you all seen this? Mrs. Graham: No we haven't. Ms. Patterson: Sorry I thought they already had a copy. Mr. Bailey: 90-17 . Ms. Patterson: And a copy of comments from the Planning staff. Mr. Kennedy: Has the applicant seen this? Ms. Patterson: Have you seen this Mr. Graham? It was in the file when you were looking at it yesterday. This is from Ron Keeler of the Planning staff. Sorry, I don't know when the petition came in so I didn't know you didn't get a copy of it. (Inaudible) Mr. Van Fossen: This was written by the Planning staff. Verbatim Transcript VA-90-17 Page 2 Ms. Patterson: O.K. This is in the name of George Graham. It is tax map 93 , parcels 122 and 125. They are lots numbered 15 and 18, zoned Rural Areas. 15 is 6.22 acres and 18 is 3 1/2 acres. They are located in Ashmere Subdivision on the west side of Ashmere Drive off the west side of Route 729 about three-quarters of a mile north from Route 53 . You can see on the plat here that has been put together - here is 729 and here is Ashmere Drive and they are shown highlighted in pink. The applicant is requesting relief from Section 4 . 1. 6 of the Zoning Ordinance, which states, "For lots not served by a central sewer system, no building permit shall be issued for any building or structure, the use of which involves sewage disposal, without written approval from the local office of the Virginia Department of Health of the location and area for both original and future replacement septic disposal fields adequate to serve such use. For residential usage, at a minimum each septic disposal field shall consist of suitable soils of adequate area to accommodate sewage disposal from a three bedroom dwelling as determined by current regulations of the Virginia Department of Health. This variance is to permit individual sewage treatment with above-ground discharge, in lieu of a septic drainfield with underground discharge and reserve field area. The treatment systems are proposed for two separate lots for construction of a single family dwelling on each. Approval of such a system will require State Water Control Board approval. The system involves a sand filter, a chlorination unit, a dechlorination unit, and discharge into a drainage ditch. I believe one of the lots is proposed for Mr. Graham's residence and the second would be sold, and he can clarify that for us. And I just recalled he dropped something else off that is, I don't. Sorry I don't have multiple copies of it. But it is by the EPA and it talks a little bit about this system of septic disposal. Mr. Kennedy: Well what are we going to do with this? We don't have time to read all of that. Ms. Patterson: Here is some information that you can glance at. Mr. Kennedy: If you have a summary on it, go ahead and I'll take a glance at it. Ms. Patterson: O.K. This final plat was approved by the Commission in 1979 and the plat was signed by staff also in 1979 . And a memo in the file from the Health Department stated that the plat had received Health Department approval. At this time staff has not received information requested as necessary to this Verbatim Transcript VA-90-17 Page 3 review. This information would include comment from the Health Department and/or State Water Control Board to first substantiate the need for an unconventional method of sewage disposal rather than a standard drainfield. Second, explain the function and long term viability and maintenance of such a system. For example, how would maintenance of the system be handled? And third, who would be responsible for monitoring the quality of the discharge, and how often would it be monitored? And fourth, a grant of preliminary approval of the feasibility of such a system on these sites. Planning staff has generally cautioned against unconventional, unconventional systems. And you will notice in their memo, they are concerned about systems that require an individual homeowner to maintain them on a fairly frequent basis and they've mentioned the fact that County regulations rely on physical design as opposed to user obedience or maintenance for effectiveness. And they would recommend that Mr. Graham consider combining several of the lots that he owns in that subdivision. Mr. Kennedy: Well, let me ask you about that. I noticed that in your report. How would you combine 15 and 18 when they are separated by two other lots? Ms. Patterson: He owns 14 lots within the subdivision. Mr. Kennedy: And all of those are adjoining? Ms. Patterson: Well, well I don't know that he owns all of them, but he does own lots that adjoin some of them. Mr. Kennedy: Well we have to know if he owns lots 14 or 16 or he owns 17 . Ms. Patterson: O.K. I can tell you. I've got that information. but he does own adjoining lots, and he can tell you probably even quicker than I can. Mr. Kennedy: Well we are just concerned with 15 and 18 here. Athough he might own the other lots and you might have him to come in for a similar variance on those later on. Right? Ms. Patterson: O. K. , Planning staff would recommend that unique findings be made if approval is granted so that precedent is not set. Please note that this subdivision was approved prior to the current Zoning Ordinance and therefore was not subject to the requirement for a full reserve drainfield. It is not real clear from looking through the files or talking with the Health Department what they used to conclude that the lots had septic approval. They just have a simple memo, a standard memo from them that says that these proposed subdivision lots had approval. Verbatim Transcript VA-90-17 Page 4 Mr. Kennedy: Who was that called? By what authority? (Inaudible) Ms. Patterson: The applicant owns fourteen vacant lots in the subdivision. Staff recommends combining these lots to avoid multiple sewage treatment systems, and many of these lots are assessed below the value of others. The Planning staff gets into that in their memo. Staff would recommend deferral to allow additional time for submittal and review of relevant information. The review of such a system should be thorough and comprehensive. If the Board of Zoning Appeals should find cause for approval, staff recommends the following conditions: First, approval shall be limited to one single-family residence on each lot. Second, responsibility for long term maintenance and periodic monitoring shall be established for current and future owners. Third, Health Department approval. And fourth, State Water Control Board approval. Mr. Kennedy: Lets take a, if you have finished there, since this is new, lets take a minute and read this. Because I don't think sometimes you read it and you have this. (Inaudible) Ron Keeler's memo or a carbon copy to Ron Keeler I don't know who it is from. Thank you. Amelia says Zoning Department. (Inaudible) Mr. Kennedy: Have we finished reading? Let me, let me ask her, question the County Attorney here. It looks like we have we are being asked to or maybe I am wrong but being asked to approve a variance to a Health Department requirement. Mr. St. John: That is a good question. I have tried to get a handle on that. I don't believe that you are being asked to do that. I believe that the, I am looking at the subdivision ordinance here. You can't grant a variance to the subdivision ordinance. The zoning ordinance also requires septic fields in a subdivision that is not served by public sewer. It requires a septic field and a backup septic field. If the Health Department will not approve this system then you have no power to override them and you are not being asked to override them. This system is designed to discharge onto the surface into a ditch and therefore not only Health Department approval is required, but State Water Control Board approval is required because it does, it is not evaporated into the ground or soaked into the ground. You have a discharge and anytime you have a discharge point you get that approval from the State Water Control Board. If he can't get that you have no power to override that denial and you are not being Verbatim Transcript VA-90-17 Page 5 asked to do that. The subdivision ordinance speaks to septic fields. But it says that no subdivision will be approved until the Health Department certifies that it has made these tests and so forth and has given a written certification that while each lot may not have been tested they have made their regular general test and found that the area is suitable for the subdivision in question. And they got that. And that is not a guarantee that every lot is buildable, you understand. But, but what was necessary to get this subdivision approval, they did this and I don't think Mr. Graham was the developer at that time. There was another, there was another developer I have forgotten his name named the Ashcroft Limited Partnership or whatever. I have forgotten when they got the plat approval. What you are being asked to do is grant a variance to that portion of the zoning ordinance that requires a septic field and a backup septic field. Now you had an amendment that came along in the zoning ordinance, it used to require just a septic field, but now it requires a backup septic field as well, or an extra septic field if the main one fails. Well it is my understanding that with respect to these lots they have neither a backup septic field nor a primary septic field nor can they get one. So in that respect they do not comply with the Zoning Ordinance and all you are being asked to do is to grant variance to the Zoning Ordinance and let them deal with these other agencies. Now whether you, you know I feel that in this case you should take a close look at these required findings here because this is a. Mr. Kennedy: . I'm not. (Inaudible) Mr. St. John: This is a policy here. I mean if the County, if the County is going to start approving in the Rural Area, by that I mean where there is not public sewer and start approving individual homes that have this kind of disposal system rather than a traditional septic field. I think part of what Amelia said is that this that what you have before you is you are not being asked to set policy, but the question is whether this ought to be done as a policy rather than you know, a, a variance with one lot. Mr. Kennedy: Isn't this a recurring, recurring circumstance that would need an ordinance variation or an ordinance change itself? Verbatim Transcript VA-90-17 Page 6 Mr. St. John: I can't answer that because I don't know how many other lots there are that have been approved in subdivisions that come to find it out they won't perk, but I know there are more than just this and and here before you the solution has been that you could not build on them period. You had to combine them with a lot that you could build on. They were unbuildable lots and there are plenty of them. My understanding is that these lots . have been treated as unbuildable and have been taxed in fact on the basis that their value is an unbuildable lot. Mr. Kennedy: What I am looking at is that we're going to have even in this subdivision according to the evidence right now and maybe we will get some additional evidence that there are a lot of lots which have this circumstance. They have neither, have the first system or the second system. So the owner who was then was somebody else was going to come in and propose that they put some kind of special septic treatment on that lot. And that would require us in each case when they do that to grant a variance because they don't have those two things, neither one of the two. And it seems to me that is a reoccurring fact or transaction which would require some amendment to the Zoning Ordinance to say that where the applicant would have to come before the Board of Supervisors to show that he had a proper filtration plant or whatever it is, a handling plant on his lot. Mr. St. John: Well, that is what I was trying to say. You are talking about a policy. Maybe there should be an amendment to the ordinance if these kinds of systems are reviewed and all of this information that Amelia says she doesn't have here about who was going to monitor it, how it was monitored, and that kind of •thing, and if the Board of Supervisors finds that this is desirable and then they would amend the ordinance to allow this instead of having variances on a case by case. But that is up to you all. Mr. Kennedy: Well we are going to go ahead and listen to Mr. Graham, but Mr. Graham, I don't know whether you know it or not but one of our requirements is that we don't grant a variance when it is going to be something that is going to be coming up time and time and time again where it should be handled by the ordinance. Vebatim Transcript VA-90-17 Page 7 Mr. Graham: I think I can answer a lot of questions that are being asked and kicked around here. I have given Amelia, there are also two letters in the back of each one of these folders, and then we will go through it. I have EPA papers. I have papers from State Department of Health. I have a manual, a copy of the manual from the Department of Health. And I have talked with engineers with EPA in Washington. I have talked with EPA engineers in West Virginia at the clearing house for EPA. The federal government has put five years of study into this, into what we are going to talk about. And this is to start off with, what brought me to before this board is this form right here. Is the approval form which the County needs to sign, is the second section of the EPA in the folder which I gave you. What I requested from the County was to check one of the blocks. It says that it is a zoning requirement. That's what, and the property is in fact zoned for a single-family dwelling, and that is all that I am asking for is so this form to be signed so we can move on to meet all other requirements. We go to the first thing is a publication by the EPA and it explains the system of the sand filter system and before we go into that I will use the diagram, the drawings here to show you what we are talking about here. Mr. Kennedy: Can I interrupt you a minute? Mr. Graham: Yes, sir. Mr. Kennedy: We went by this form and rather than get back to it. Let's take it a while. What is this form about? Who signs it? Mr. Graham: The County signs it and then based on the County signing it, it authorizes, it gives the the State Water Control Board will then start to process the application along with the State Health Department. Mr. Kennedy: So the County says I hereby certify that the proposed location, operation of the facilities are consistent with all ordinances adopted pursuant to Chapter 11 or whatever that is. And the second thing is that there are no local ordinance in effect pursuant to Chapter so and so of the Code. Well, what are they certifying to? Verbatim Transcript VA-90-17 Page 8 Mr. Graham: They, they are certifying that that the property is zoned for the area that section of the Code covers. Mr. Kennedy: There are no arguments about that, is it? It is zoned, isn't it? Mr. Graham: Yes, sir. It is zoned for a single-family residence, and that's what we are trying to go with this thing. Mr. Kennedy: There . is no argument about that in this variance, is it? Mr. St. John: The question, I think that form is what you certify is that this system and the use that is being requested out there is in compliance with all ordinances and it is not in compliance with the ordinance. That is why, you, a variance is being sought. Mr. Kennedy: That is why I wanted to stop and take a look at it because (inaudible) . The top, the top of the form refers to Article 2, Section 62. 1-44 . 15: 3 of State Water Control Law. And so when the, when the County signs this they are saying that your proposed system meets something. Mr. St. John: It is in accord with all the local ordinances and it is not, so therefore that is why this variance is being sought. Mr. Kennedy: So they, so that they haven't they refused to sign this form. Ms. Patterson: Yes, sir. Mr. Graham: If you, if you will go down to the bottom of the first paragraph you will see in parenthesis there that it says zoning ordinance. Mr. Kennedy: Your argument is that they they don't require to say that it is zoned and not required to say that it is in compliance with the Water Control Board? Verbatim Transcript VA-90-17 Page 9 Mr. Graham: It, it, (inaudible) that section of the Code says they are saying does it meet with the highway, the planning for the highway, for the schools and residential area, public health. And I think this is a standard form they are using in all businesses. You wouldn't want an asbestos plant to come in right next to Stone Robinson Elementary School. So the property would not be zoned for a factory like that right next to it. Mr. Kennedy: So why, what is your issue on this form. Basically, they refused to sign and you say they should sign it? Mr. Graham: Right, well since I talked to Amelia. I don't know if I got back with her or not. They came out last Friday and said they hadn't received instructions from Richmond saying before they could not receive a letter. They had this form had to be it. Now they say they can receive a brief statement in place of this form saying that that it is in compliance with the County ordinance or the County zoning laws. Mr. Kennedy: Well go ahead. I am listening. (inaudible) Mr. Graham: O.K. I personally believe that I, that this, if we follow through will actually meet all the statements within the ordinance itself. The first, the first thing is, is the. Mr. Kennedy: Are you saying that you shouldn't be here because you can do what you are trying to get a variance for. Are we here on an appeal on the decision of the Zoning Administrator? Mr. Graham: I am here because when I brought the form in to get it signed this was the only solution that the Amelia and Wayne in discussing the thing could come up with and was suggesting that I bring this, bring this over here. So I am here to get that this form signed and move on to the State Water Control. (Inaudible) Verbatim Transcript VA-90-17 Page 10 Ms. Patterson: Whatever you say. Mr. Kennedy: I have been interrupting you a lot and I hate to do that. But I think sometimes it kind of while it is fresh in your mind to get the point cleared up. (inaudible) Go ahead. Mr. Graham: O.K. What we are talking about to start off with is (inaudible) let's look at the normal septic field. What we are saying is what the County is referring to. Where the state law requires 50 percent backup and a 100 percent field. And this, I've got it upside down. This is, this is what I believe that they are talking about. There has been a lot of, a lot of studies and a lot of work done. But what I am proposing is not new. It is something that has been here for many, many years. The there is a second proposal that is similar to this to what we would normally have, which has just been approved by the commissioner of the health department just probably about three months ago. Now that is this system. You start with a septic system, you go to a sand filter system or actually your septic system puts the water into a system that will hold it and then let it go at one time. And then it goes on into the sand filter and then it goes, then it goes into into a distribution box and then goes into the ground. And that allows for a change in the depth of the rock. What the Commissioner is allowing is that you can turn around instead of having 30 inches to bedrock, you can go 24 inches to bedrock. And then you bring in 6 inches of soil. You perc the land at 12 inches and you perk it at 20 to 24 inches. The 12 inches is the reading that is, that you go that you set your perk rate by your your 20 to 24 inches is where the to show that the water will continue to flow past that point. That is a system that I am still exploring this system with soil scientists, and we may be able to put this system in on one of the lots that we that, we are talking, maybe to both of the lots that we are talking. What I have is a friend that wants to build a house and we have warm weather coming in and I want to be able to say we know that if we don't get one of these systems through we will be able to get the other system approved, so these people can take advantage of the warm weather and move on, move on. They are calling our house every other day saying where do we stand at and such. The system that we are talking about which is covered in this pamphlet right here. The EPA, this is a brief summary of it. And we are talking about a buried sand filter system, which is under the Health Department regulation a type three septic system. A type one system is one either one of these two right here. The type two Verbatim Transcript VA-90-17 Page 11 system is either one of these that are being used for a commercial here. The type three system under the Health Department rules and regulations is what we, what we is covered in this pamphlet and in this diagram here. What you have done here, you have turned around and it goes from the sewage tank. If you understand the sewage tank. The bacteria grows in the sewage tank. It turns, the solids into a liquid form. The liquid then moves on to a dowsing tank, dowsing tank and it holds it until it, until it reaches whatever capacity the design is for. Maybe 100 gallons, it may be 200 gallons. The only reason for that is so when it comes out and goes into the sand filter system the various lines in the sand filter system will be saturated at one time. And it then moves on from the sand filter system after filtering itself. Now stop at this point. I talked with Jim Moore the Engineer for the Virginia Department of Health in Lexington, Virginia, who is an engineer who designs these systems. Jim Moore says that when it moves through here we have a 99 percent, the fluids that are moving through have been filtered 99 percent. We then go to a chlorine system and then a heat chlorine system which kills anything else that is left inside it. In talking with Steve Ditch, an engineer with EPA. He thinks that I was telling him about some of the concerns I was getting, I was understanding from Albemarle County. He said do away with the chlorine system and put a ultraviolet one. He says that we are, we have purified the system to 98 percent when you go through here and the moment the water comes in contact with the UV light it automatically kills anything else that is in it and at that point it can move right on and can go into any stream, and we have and we will have no problems'. EPA says that they have, the Federal Government has spent a good bit of money from federal grant and it was being researched throughout the United States for the last five years and they are very pleased with the system. The only problem that we could have with the system is that the septic system as you have seen on page two and this excuse me on page three is that the septic tank should be cleaned maybe three to five years. And if it is not, if it is not cleaned we don't know exactly what would happen. But in with using the system that forces the water out this, this prolongs the life of the sand and in using every three to five years with cleaning, with cleaning the sewage tank which same basically is the same thing that you do for your own home. Mr. Kennedy: Are you talking the sand or the initial tank? Mr. Graham: No, you are cleaning the the septic tank itself. You just drain, you, you clean it every three to five years like you would normally pump your, your regular system. Verbatim Transcript VA-90-17 Page 12 Mr. Kennedy: When do you clean the sand? Mr. Graham: The sand, they do not know. There is not a definite time. It depends on, on people are going to be different in what they do. Some people will pour grease right down the sink. . Some people, like with us, we do not. My wife insists that the grease be. put in a jar and can go off when the trash does, and it is gonna vary. And so that is why they are saying, if a person pours grease down the thing, that say five years or something like that they could have problems with the sand (inaudible) . They are saying maybe fifteen years was what Dick was telling me when I talked with him, to him. Now he is the engineer with the EPA. And what Dick the way that he explained to me is this, we are talking about a buried system. You are going to have 12 inches of dirt over top of the sand filter system, over top of the entire system going along anyway. Everything is going to be buried in this system. If you, if your lab analysis for monitoring the thing shows that you, that your rate is starting to decline then it is time to clean your system, clean the sand at this point. You will dig up your sand, open your sand back up and move the rocks from the top, the dirt from the top. He says that you will move the first two inches of sand the sand from it, rake it back and remove it. There are three things that you will do with the sand. One is that you can load it and carry it to the landfill and dispose of it in the landfill. Two, you could move it to a part of your property and let it set and the air will purify it, and it will go and, and it will be put right back in the system. If you want to immediately put it back into the system he says you can use a chlorox, a peroxide solution to, to soak it and dilute it and then return it right back to the system. Now when we talk about the field itself we are talking about a reserve field built in and that's why I said earlier we are in compliance of that code. You design your (audible) and your field is in sand. It is there to accommodate any size you want to put in the thing. But let's talk about a three-bedroom house. EPA says that we are going to use a system of 12 feet by 20 feet and it will be 30 inches deep in the sand. What we are using for a filtering tank is the first 9 foot 9 to 12 inches is where all the filtering is done and then the liquids move on down and it has been filtered once it has already gone from 9 to 12 . So our reserve is actually under the 9 to 12 . And then if we have problems and we want to move the sand out you pull that, pull that top layer and that 2 inches of sub and now instead of having 20, 30 inches of sand, then we now have 28 inches. When we get down to 24 inches in there, then you are required to go back and bring it back up. But if you over the Verbatim Transcript VA-90-17 Page 13 years, if you have problems you reserve the filter (inaudible) . You are putting 30 inches instead of 12 inches to start on with because the reserve system is built right in the thing. If you, the buried system if you will look on the, look on page two in this pamphlet and you will look right under the diagram. Diagram A is the, is the buried system and if you look at the first . paragraph at the bottom of it that is the, that is recommended for single family homes. You will see some other other data explaining. The thing in reading all of this material that you have here would be that there are three different types of sand filter systems and we are talking about for a single-family residence a buried system. And everything is going to be underground it is going to, it is going to finally have a discharge into a dry bed or into a creek. When the water comes out of the end it is clear water and it, it can then pass on with, with the people that were notified of this thing. They really don't even come into play in this thing because this doesn't even pass onto anybody's property that even has to worry, worry ,about anything. One, one, our, our system has purified everything going out. Two, it is going on into a bed it will go into a stream which will lead into Hinson's Creek passes, you will see passes right through the property and on the National Geologic map shows there is a year round flow of water going through that, as a matter of fact two creeks will have year round flow of water going through there. But the water is purified when it goes through there. This is, this is very similar to what the city or the county, county treatment plant is doing, but they are putting thousands upon thousands of gallons. I am only talking about this type of system just a few gallons going into a, into a dry bed or into a stream and then going into a stream and then going right on out to the east Rivanna River and this is also downstream of where the reservoir is. But what would be coming out from this thing here would be even if something failed it would be so minor that the air would purify before it before it even got down off the property. EPA says that they like the state of California was going to this system right here. This was designed for when counties turn around and do not want to spend the money to put the water and sewage pipes that it takes and costs into it to go into an area where the, the number of houses where there are not enough houses in the area to justify it. This is a, this is why the federal government has put all the money for the last five years into having different universities do additional research. One of the things that I guess came out of it was the UV light. But the I've got basically what we have just covered again and the next thing in your thing and just showed the diagram which goes through the planning of each one of the different systems and what and what they look like. Just basically it's coming in the top filtering down through the sand and then going out to discharge at Verbatim Transcript VA-90-17 Page 14 the bottom. Also included in this the lot number 17 because I, I feel that I, that I may not even have to use this type of system. I may be able to use the system that was just approved by the Commissioner of the Health Department with the, using the drainfield underground on lot 18. But I also included in the diagram just to give you an idea of how the system would be laid out. After talking with the EPA yesterday their engineer in West Virginia, I feel that the chlorine system should be, we can just forget the chlorine system and use the UV light based on, based on their studies they've got. This as I've said is a, this is not a new system. It has been here for many years. If you will go to the very back of this you will see from this diagram here, if you will look at the bottom who drew the thing. (Inaudible) This is basically the same blueprint for but this is for a commercial business. This is just I received this from Mr. Jim Moore, the Engineer from the Virginia Health Department and if you look at it it has here Commonwealth of Virginia, Department of Health,. Bureau of Sanitation Engineering. And if you look underneath there it says May 16, 1948. So it's, it's been in existence for, for many years. The federal government is just trying to put more money into improving the system so the locality that, that needs to use this system and will cost wise will not have to go out and run the pipes out to run the sewage. It just gives them an alternative to the thing. Under that section in there you have another section. This was taken from the Virginia Department of Health Manual. It spells out what the the Commonwealth of Virginia. It has a lot of breakdown of the, of the different terminology. Again keep in mind as you read, if you look through this we are talking about one system, the buried system in this here. I am not trying to go with the others, but they will, they will appear they are intermingling because some of the things can be intermingled that are in here, but when you read it you have to keep in mind that we are talking about a buried system. And again this is from the Virginia Department of Health Manual. I have something else too that I came from Mr. Moore. And I have a draft of a new proposal that hasn't even gone to law yet. And you have, and you have that. And that, that again is coming from the Health Department Engineering Department in Lexington, Virginia. Under that you have I didn't mention the copy of the whole thing because I didn't want to take the time but this again is from the Virginia Health Department rules and you will see that the system that we are talking about is described as a type three system of Virginia Department of Health. Is there any questions about the system itself? Verbatim Transcript VA-90-17 Page 15 Mr. Kennedy: I think what you are saying as far is that there are three systems and you are saying to the Board that all these three systems are adequate (inaudible) and state back up and so say that these three systems are adequate and they are being used and I suppose that the law proposed or the regulation whatever it is, is in work now to add this third system into the regulation. Mr. Graham: The third, third system. Mr. Kennedy: I don't know if we have time we might have to defer just to digest all of this because it is right much to absorb it all at this time. Mr. Graham: Well. Mr. Kennedy: Time to digest all of this and to finish your argument. Mr. Graham: Well what I am trying to do because we have you have a good weather coming in. I am trying to turn around and expedite the thing so that people, so people who want this property can (inaudible) Mr. Kennedy: We've had bad weather for about nine months so you could have been working on it then. Mr. Graham: Excuse me sir? Mr. Kennedy: We've had bad weather for about nine months. Inaudible Mr. Graham: Sir, I have, sir I have, I have been working on this for a year and a half. Mr. Kennedy: Have you? Mr. Graham: I have been to the Health Department in Richmond. I have been to the local Health Department. I have been to, I have been almost everywhere. Mr. Bailey: Mr. Graham, who monitors this? You've got a good system there it looks like, but are we set up in Albemarle County to monitor this type of operation. Mr. Graham: Sir, what, what happens it is turned over to the State Water Control Board and it is monitored by the State Water Control Board. The, the water from stream, the water from the system where it comes, where it exits into the stream is taken periodically to force and examination and you will find attached to the back of that form that I first started with a sheet that, that has to be filled out by the chemist or what have you when they the analysis is done. And then the Water Control Board will, will recertify every five years the permit. Every four years Verbatim Transcript VA-90-17 Page 16 it must be tested by the Water Control Board and then they will recertify it. If they find that something needs to be adjusted on the system then you are ordered to readjust it before they will recertify it. But with this type of system you have two things here. You have one that if the system fails you can remove the sand and you can start from scratch and just bring new sand right back in and that is all you would have to replace is the sand. The other thing is that is good about this system and it is spelled out in one of these things that I things, is that this type of sand filter system can also be added onto a normal septic system which has failed. And it gives an answer to that type of situation. But once going to the law itself I have you will find a couple of letters from the Zoning Administrator and I came down and talked with Andy Anderson and when I turned around and tried to I mean Evans and when I tried to get to find out if I needed a variance or what have you I got the first letter from him. And then I went to Planning a while later and talked to Planning and Planning told me to go talk with Amelia, and you will' see Amelia's letter on top of that which, which tells me that I am, that under 4 . 2 . 6. 2 that I am exempt from the that 4 . 1. 6 I believe is the Section number. Mr. Kennedy: Is that the July 21st 1989 letter? Mr. Graham: Yes, sir. Mr. St. John: Could I ask Mr. Graham a question at some point? Mr. Kennedy: Yes. Mr. St. John: You and I, he and I have talked some about this but I never did I didn't understand enough about it to really understand what he was saying. Mr. Graham are there companies here that are set up to install these systems, experienced in this kind of thing? Mr. Graham: Sir this system can be, can be installed by anyone who who is putting in normal systems if they follow the guidelines. If they are used to putting in the regular septic system they will not have problems putting in this type of system. Mr. St. John: But I guess my real question is whether there is anybody that you know of here that has put in any of these systems in this location. Mr. Graham: No, sir because Albemarle we have, we have these systems in neighboring counties. But Albemarle County just has not put one put one in. This is new to Albemarle County. (Inaudible) Verbatim Transcript VA-90-17 Page 17 Mr. St. John: What other counties are they in around here? Mr. Graham: I think Greene County has them in. Ms. Patterson: Louisa. Mr. Graham: Louisa, Nelson County. Ms. Graham: George, you might want to mention that your supervisor also has this kind of system. Mr. Graham: Cumberland County. My supervisor was the one when I started having problems, Jim Tiles I am a State Police, and Jim Tiles was transferred in here and built a home on his parent's property and he had problems, the same well on getting the property perced. He then was told by the Health Department to get the Water Control Permit. He got the Water Control Permit and he said he advises me that he has had no problems whatsoever. He just came up for a five year renewal. His system that was coming out the discharge percentage was so low that they told him that he had, that he could remove the chlorine system from the unit and he would not need the chlorine system any more. Mr. Tiles was going to be here today to explain his system in Cumberland County but the Commonwealth Attorney in another jurisdiction, I won't go into the investigation, but he was assigned to oversee an investigation in another part of the state. Ms. Graham: George. This man needs to leave. Is it possible he wanted to just speak up and he is one of the people that border our property and he has got to leave? Mr. Kennedy: All right. Let's interrupt a minute and we will give give him a minute. Jim Corbett: This will be quick. I own parcel 115 back there of the subdivision and I want to, just to support Mr. Graham and what he is trying to do. I have the same percolation problems on that lot as he has experienced with several of his lots. I very interested in what he is doing and what he is trying to accomplish, and I want to support what he is doing. Mr. Kennedy: You are, you are supporting that these systems work. That there be some provision made to accommodate these types of systems in Albemarle County. I take it. Mr. Corbett: That is correct. Verbatim Transcript VA-90-17 Page 18 Mr. Kennedy: So what we are going to have to determine here is whether we have the authority to do that or it falls within our jurisdiction or it should be in somebody elses. (Inaudible) I appreciate your input. Mr. Graham: If we look at the law, the ordinance itself. What is the ordinance actually saying? It says that we must have a reserve field, we must have a main field. We have within this system, within the system itself where the sand is all at. We have a main field and we have a reserve field within the system. The soil itself accommodates. It is large enough. You can make the system any size you want to to accommodate a twenty bedroom home if you want to, or to accommodate a business. So we meet that part of the law. Mr. Kennedy: Let me interrupt you there. This ordinance 4. 1. 6 says that just to paraphrase that your lot would have to have a building permit and it can't have it without written approval from the local office of the Virginia Department of Health of the location and area for both the original and future replacement of the septic disposal field adequate to serve such use. And you are apparently saying that you can't get that because they won't tell you that because what they have to tell you is something else in order for you to accommodate your sewage problems. Mr. Graham: I am having, I am having problems down there. There is one thing that, that I need to point out. Mr. Kennedy: Have they said no to this? When you have gone to them and say I want local approval, they've said no. Mr. Graham: What for this system here? Mr. Kennedy: No. (Inaudible) For 4 . 1.6. Mr. Graham: For the, for the regular system. I, I have, they have told me that they will not pass the regular system. Mr. Kennedy: And did they tell you that they would pass this system? Mr. Graham: They told me if I could get it through. I met with Gary Rice and Gary Rice told me if I could get Albemarle County to go along then I will help you. I went to Barry Simmons. Verbatim Transcript VA-90-17 Page 19 (Inaudible) Mr. Kennedy: Wait a minute now. Mr. Cogan: Before you get away from that question. Did you., did they disapprove the standard drainfields system, did you request for a regular system and a reserve or just the just the one system by itself because the letter of '89 said that you were grandfathered from having to have a reserve system? Mr. Graham: Well what, what happened. We started with with lot number 19. I got full approval on lot number 19. It might be misleading. I have approvals for lot 19, lot 10 and lot 5. I already have regular Health Department approval. There are six other homes already in the subdivision. What we are looking at is about four of these systems even going in here and we're going to probably. Because I am thinking about, I don't want to combine any of the lots right now because I think that maybe you gentlemen will know what's coming down the road. But with all the growth and the County pushing for growth to the eastern side I think it would be foolish for me to say let's combine any lot. I would like to leave them like they are. Mr. Cogan: But getting back to the question. Have you been denied approval of any of the lots that you applied for, for a standard system which with only one drainfield? • Mr. Graham: I have, I am in the process at the present time of, of going with trying to get approval. Mr. Cogan: You are still not answering the question. Let me ask you a question. Mr. Graham: Well let me, let me. Mr. Cogan: To make it simpler, are any of the lots that you own where you have made an application to the local Health Department for a septic field location and permit. O.K. And you are only required to have just the one drainfield and you are not required to have the one plus the reserve. Mr. St. John: It falls under the Health Department regulations aside from any Zoning Ordinance you are required to have 1 1/2. Mr. Cogan: Alright 1 1/2 . O.K. Verbatim Transcript VA-90-17 Page 20 Mr. St. John: They won't give you anything if you don't have 1 1/2 . Mr. Cogan: Have they come back to you and say no you can't put that on that lot? Mr. Graham: O.K. They have not came to me. What happened I met with them in Richmond and Richmond called Gary Rice with the Health Department. They had him pull his file and he said that that he had showed in his file where he could not. Mr. Kennedy: That is not what the ordinance says. The ordinance says the local office of the Virginia Department of Health. Mr. St. John: I believe the file if I may, I think sometime before Mr. Graham ever got these lots the Health Department here looked at them and said you can't, there is nowhere here on these lots to put any septic field. It will not perc. It met somewhere in the records, not with Mr. Graham. Mr. Graham: Well what happened we are reaching the point of expense. I mean if I keep hiring soil engineers to come in here at $500 each time they come in here, it becomes I will have a lot that I have put $100, 000 in and sell it for $20, 000 let's say. But what, what I. Mr. Cogan: You are not answering our question. Please just answer the question. Question. Mr. Kennedy: The answer is no, I think. Mr. Rennolds: You think. You don't know. (Inaudible) Mr. Cogan: This variance might not be necessary is what I am going at. Mr. Rennolds: Has lot 18 been turned down? Mr. Graham: It is my understanding that lot 18 has been passed. Yes, lot 18 in fact has been turned down. Mr. Kennedy: Has been turned down. Mr. Graham: It was just turned down, yes sir. Mr. Rennolds: How about lot 15? Verbatim Transcript VA-90-17 Page 21 Mr. Graham: Lot 15 it is my understanding from what, what Gary Rice told in Richmond that he had turned it down. Mrs. Graham: He is more or less saying that it is contingent on your decision whether it will be turned down. Contingent on. your decision. (Inaudible) Mr. Rennolds: I am talking about turning down for a septic system. Ms. Graham: That he will not accept it under that. Mr. Cogan: Well let me just tell you how I am looking at this right now. Because I don't want to get too far off track here. Apparently Mr. Graham wants to go for this other kind of a system and before he can do so he has got to get this form signed by the proper authority in Albemarle County. The proper authority in Albemarle County says I can't sign something that says the proposed location and the operation of the facility is consistent with all ordinances adopted because first of all we don't even have an ordinance as far as operation of this kind of facility. And I don't even know_ if we could give a variance even if we gave the variance for 4 . 1. 6 you know there is nothing that we know that says anything about the operation of this facility. We just don't anything have anything regarding that. Well anyway, you know going one step beyond that, Mr. Kennedy pointed out earlier and I • concur that what you are talking about probably makes sense. It's probably a viable system that can be used in a lot of locations. And because of that possibility this board can't get involved in something that could be far reaching usage in many different: locations in the County. You know we take things that are one exception type basis and if the fact is that this is a viable use, a viable way of disposing of sewage it would seem more likely and in the better interest of the County and its citizens that it would be researched and properly inserted into the Zoning Ordinance. Not just do it on a one by one basis. Mr. Kennedy: See what we are struggling. Mr. Cogan: We are not experts on all this stuff. There is no way that we can absorb all of this, how. You know if this is something that the County wants to do or wants to look at it should be done with the proper experts, our engineering staff and what have you looking at it, making recommendations to the Board of Supervisors as, as maybe an amendment to Section 4 . 1. 6. Verbatim Transcript VA-90-17 Page 22 Mr. Graham: Well, I understand what you are saying there. But what I am saying. There are two things that I would like to be able to point out. One, that the system that we are talking about here has Health Department Approval, a state approved system, it is a class three system and it is being used in other jurisdictions. And the other thing is if you stop and break that section of the law down I feel that this system is in compliance with it. It has its own field. It has its own reserve field. It has its own discharge. It creates it's own self to comply with that section of the law. Mr. St. John: The answer to that though and I agree that this sounds like this might even be a better system than any other system, but Mr. Graham is right on those last two points. And what he is really saying is that he doesn't even think he needs this variance in the first place and that he is entitled to ;put it in without a variance and again that if that be true then there is really nothing before the board. Ms. Graham: But what he is saying he needs this first. Mr. Cogan: There would be if Amelia didn't agree then we would have to support (Inaudible) Mr. St. John: But you are not here on an appeal. Mr. Cogan: Because what I am looking at here is that it says right in the ordinance for residential use that there is a minimum each septic disposal field should consist of suitable soils of adequate area to accommodate sewage disposal for a three bedroom dwelling. Well, again that is a (inaudible) on words. I could not make a decision as to whether that meets what you are .talking about. Mr. Graham: The sand, the sand becomes the soil. (Inaudible) Mr. Cogan: Well the soils aren't suitable for standard underground septic system because the Health Department told you that it wasn't. But for your system maybe these soils are suitable. The soils maybe don't even become relevant in this kind of system. Mr. Graham: The soil, the soil on the site doesn't even enter into this. If the sand itself becomes suitable and the sand itself creates its own drainfield and reserve field. Mr. Cogan: O.K. 1 Verbatim Transcript VA-90-17 Page 23 Mr. Graham: And the local Health Department says that we can if I can get through the County and then they,will help me prepare the stuff for the State Water Control Board. And so what I am looking at is if we can move on the State Water Control Board says that when you bring us this thing. I have been stalled now for about a month or so for this hearing. They are saying when you put this form in my hand because of personnel matters, we have a part-time employee who covers this area, and it will be at least ninety days before we can give you an answer back. So when we march into ninety days then the parties that want to build their home will be moving on into the winter time. So that is why I am trying to get this form signed so that we can move on. Mr. Kennedy: I am, I am sympathetic to your time problem from what I have heard here without hearing any other side to it. I have studied these documents. It would appear that the system that you are proposing is a good system. I know that a lot of people will be grateful that you turned it up, but I still have a problem that we can't grant a, variance when we, it is something that the ordinance should take care of. One of our criteria says this, no variance shall be authorized unless the Board finds that the condition or the situation of the property, let me make sure that I read the right one, yes the conditions of the property or situation or intended use of the property is not of so general or reoccuring in nature as to make it reasonably practical that formulation of a general regulation to be adopted as an amendment to the ordinance. And it seems like to me that this is something that should be an amendment to the ordinance and should all the questions you have to do is march into the building permit office or the Planning Department and say I. am putting in a type three system and they say fine. Mrs. Graham: Yes, but what makes this unique though is that even though we have letters that say that we are grandfathered from this ordinance and that we are approved under some of the other and what makes this unique is that plus we cannot get anyone within Albemarle County to, to sign this form. To step forward and say that you know that that we are in compliance. (Inaudible) Mr. Kennedy: Well let 's just go through the regulations. We will ask you again. He has asked you two or three times, and I have asked you. Do you have Health Department approval for lots 8 and 15. Mr. Graham: No sir, I do not have Health Department approval. Mr. Kennedy: Well then that is the end of it. Mrs. Graham: We don't have it because we don't have it under the conventional way according to Albemarle County Ordinance. Mr. Kennedy: See we can't change (Inaudible) We can't change the ordinance that way when it is going to change it over and over on a reoccuring basis. (Inaudible) Verbatim Transcript VA-90-17 Page 24 Mrs. Graham: Yes, but see (inaudible). Mr. Kennedy: Our board is not constituted to do that. Mrs. Graham: We were grandfathered under that ordinance. That ordinance should not apply to us. Mr. Cogan: No, the only thing that is different is the reserve field. That is the only thing that you are grandfathered for. You don't have to have a full separate reserve field. Mr. Kennedy: Well we can go back to that and take a look at that and see what. If the argument is that we have something new, then we' ll go back to our ordinance and see if they comply with the old. Mr. Cogan seems to think that it don' t comply with the old, you are not going to get Health Department approval even on the old ordinance. Mrs. Graham: You see our problem is, is that (inaudible) . Mr. Kennedy: Why don' t you get traditional Health Department approval that if this so and so and so applies, we do approve it. And you don't have that. Mr. Graham: I went to the Health Department. I am in a revolving door is what it is. And I went, I went to. Mr. Kennedy: You are in a revolving door until they change the ordinance to approve this type three system. Which it seems to be a pretty good system as far as I can tell. It is a great salvation to a lot of problems in the County. I don't dispute that. (Inaudible) Mr. Graham: But, but the thing I guess another thing because remember, I know you gentlemen want to get out of here. Mr. Kennedy: No, we will sit here as long as we can help you but (:inaudible) , but we have to go by certain principles. Mr. Rennolds: There is another meeting at 7:00 isn't it? We can stay to 7:00. Mr. Graham: Is that the federal government is spending millions of dollars and if the localities do not take advantage of the research that the EPA is doing then our federal tax dollars are being wasted. Mr. Cogan: Well we are willing to do it, but we can't do it in the time frame that you would like us to do it in. I look at this and I think that you have some good research here and some good ideas, o.k. , but at the same time I feel that it has to be gone about in the right way. They have to be reviewed properly by our Engineering Department within the County here and that the Engineering Department should make a recommendation to the Board of Supervisors and should be incu upon the Board to review it and decide if they want to put something in the ordinance that would permit this kind of system. Verbatim Transcript VA-90-17 Page 25 But it is too far reaching you know for us to handle it by ourselves. Plus the fact one of the requirements that we are confronted with before we grant a variance is that you have to provide evidence that this hardship is not shared generally by other properties, and there are a lot of properties in your area there that have this same problem. Mr. Graham: Well, there is something that. Mr. Cogan: It is not just yours. Mr. Graham: That I haven' t, that I haven't pointed out. Maybe I should have pointed out is that a lot properties are not going to qualify under the State Water Control Board for this system. They will not come, come within the boundary lines. The State Water Control Board looking at the, at the map of this subdivision is saying that possibly we are looking at four lots that could be approved in this thing. We are not going to be able to get all of them under, under the State Water Control Board because of the distance that they will have to travel to a stream or what have you is not going to comply. So you are not going to have a bunch of people running in here because we don't have them running into all, into all the other places saying we want this system. It costs a little bit more money. You can look, look at maybe two thousand, three thousand dollars more than what a normal system is going to cost me and you start adding the, the, the sand, you start adding the UV light and what have you to it. Mr. Cogan: But you see you have the benefit of a year and a half' s research into this. Mr. Graham: Yes sir. Mr. Cogan: We have been looking at this for about an hour. Mr. Graham: I understand. Mr. Cogan: O.K. so. Mr. Graham: And I grant you it took time for me to absorb it and I had to go back and reread material. Mr. Kennedy: Let me tell you my problem with it. I don't think, I. don't think that this board is constituted to get into the business of approvir..g septic fields, whether they are too close to a stream or properly chlorinated or that type of thing. We are constituted to grant a variance to the ordinance where the ordinance is unduly restricted and is not the restrictions is not of reoccuring nature. This is obviously going to be of reoccuring nature type of variance. Mrs. Graham: Why were we directed to this Board if that is the case? • Verbatim Transcript VA-90-17 Page 26 Mr. Kennedy: Well I don't know. I can't answer that. Mr. Cogan: Well you have to start somewhere. (Inaudible) Well all is not lost because you came to this board. I think that you are getting some good information from this board about a proper direction to go. And now there are two things that you can do basically. Mr. Kennedy: Well let me, let me ask you this. Have you been to your Supervisor and asked him to propose an amendment to the Zoning Ordinance? Mr. Graham: No, sir. I have not. Mr. Kennedy: Has anybody suggested that to you? All this research into all of that. It looks like you would have a little research into our laws. Mr. Graham: Well as when as I read, as I read this, looking at the law. Mr. Kennedy: Well maybe you don't need the Board of Supervisors. Maybe you need the the local office of the Virginia Department of Health to say it is o.k. Mrs. Graham: We don't want your approval of the system. We just want your approval (inaudible) to go on. Mr. Kennedy: Well you have spent 45 minutes here talking about the system. That is my point, it is not the system that is an issue. It is the way the ordinance is constructed and what our duties are that is an issue. Mr. Graham: But the Health Department says they won't even start to help me prepare the form until I get this until I start the process here. The Water Control Board says we won't help you until you get this form here. So I am, I am sitting where most people walk into the local government and say will you sign this form and they sign it, and the process then starts. I go from this form and I give it to the Water Control Board. And the Water Control Board, the Health Department sits down with me and fills out the form, and then I carry the form on. Mr. Kennedy: Mr. Graham, I am going to tell you quite frankly, we don't get issues that are quite this complicated. When I looked at that form its got references to a lot of statutes which I am not familiar with and I don' t even know if Mr. St. John is familiar with right off the top of his hat. And he is probably the most familiar guy within 150 miles of this question and these things. I think that we would have to defer it to study it or turn it down. But I, I don't maybe the Board would be inclined to approve a variance, but I am inclined to say we need more study. It is not fair to put all these things on the Board and ask us to make a decision in 45 minutes on ,3omething this complicated. I kind of agree with the staff's recommendation that it be deferred. Now we can have a special meeting on it. Maybe not defer it for 30 days, but we have done that to accommodate people we meet within 15 to 20 days. Verbatim Transcript VA-90-17 Page 27 Mr. St. John: If you feel like it is a reoccuring thing then (inaudible) then what good is it going to do to defer and study the details of the system itself going to do? Mr. Kennedy: I feel that way, but somebody might convince me that it is not a reoccuring thing. Mr. St. John: Well, O.K. Mr. Cogan: Well I think that the other question is that I know that Amelia wanted to say something. As long as you want to say something, I am going to ask you something. Mr. Kennedy: Let me put it this way. Mr. Cogan: Your interpretation of this. You interprete this to exclude this. Mr. Kennedy: Let me put it this way. I would be inclined to deny the application now if we didn't defer it. Now just because of it. Mr. St John: I think everybody would work to process if any application is made to amend the ordinance to recognize this kind of system that everybody would work to process it as fast as possible in getting it before the Supervisors. Mr. Kennedy: That's what, I haven't even called (inaudible) . Mr. Rennolds: What counties? Louisa? Inaudible Mr. Kennedy: Because the ordinance doesn't recognize the system as being used now. Mr. St. John: That's right (Inaudible) Mr. Kennedy: The ordinance recognizes Health Department signing off, and apparently they won' t sign off on it. Mr. Rennolds: Louisa is the closest one you referred to. Mr. Graham: Louisa. My boss has one in Cumberland County. Nelson. County has one. Mrs. Patterson: Mr. Chairman. Mr. Graham: I would like to, I would like to in the back of your thing there are two letters from from my neighbors and I would like to take one quick minute to, to they were both given to me to give to Amelia. And if you will see that one is from Conrad Isak. (inaudible) Both cif them are in favor. Conrad Isak is just a retired (inaudible) Verbatim Transcript VA-90-17 Page 28 Mr. Cogan: We have read them. Mr. Graham: Do you know Conrade? Mr. Cogan: No, they passed the letters. We have read them already. Mr. Graham: O.K. Keith, do you know Keith? I think he was -a retired Engineer from General Electric. And Keith Smith is our next door neighbor and he runs a plant over in Orange. I know he has his bachelor's degree in Engineering and a bachelor's degree in business administration, and his wife is a school teacher. (Inaudible) Mr. Graham: And the both, both of those are in favor of the thing. The letter, the letter that Amelia got, and I am really shocked about that letter because one of our friends called us this weekend and said that he had called and was told by someone at the County that the Grahams they owned 14 lots and they were going to be discharging sewage out onto the ground and that the whole community would be stinking. And I don't know who that, who that was, but it was but it was Mrs. Ford that told our friend at a wedding that they went to over the weekend. Because they knew that these people and us were real close friends. I think that, I don't know (inaudible) who it was who made that statement. (inaudible) Mr. Kennedy: Is that letter in the record? Mrs. Graham: Yes. Mr. Bailey: Is that the letter that has five or six names on it saying that they oppose it? Mrs. Graham: Yes, that one. And it was the top name on the list and we had told these people that we couldn' t grant them a right-o:E-way to come through our property and we felt that that was one of the reasons that they initiated that, that little thing anyway because we had just denied them the access to the stream. Mr. Graham: We have no way of knowing if anyone at the County did make any such statement about our property. (Inaudible) But a friend of ours called up Sunday night telling us about that. Mr. Kennedy: Alright well we've got all of the letters and all of that. I think Mrs. Patterson wants to say something. Mrs. Patterson: Mr. Chairman, as you've stated this is complex and it's not the run of the mill variance material. And Mr. Graham has provided with us, us with a great deal of information today and it seems to me that we have two things that I would like his permission to look into a little bit further. We can delay this to a later meeting and I don't want to do it too soon because I want to be sure I've researched this completely. The question is, is it a recurring variance. Well let' s ask the Health Department how many lots do they just outright deny. Is it, is it in Verbatim Transcript VA-90-17 Page 29 their opinion, they are the ones who are dealing with it on a daily basis, something that would be a reoccuring variance to where we would need to go the route of changing the zoning text because Mr. Cilimberg and I didn't consider that and didn't even recommend that to Mr. Graham when we spoke with him. The other thing that I would like to look into is their mentioning their unique situation due to the grandfather's status of the property and the fact that the County approved it before the new zoning ordinance. What I would like to do is to look into the regulations in effect at the time both from the Health Department and the County zoning ordinance and come back to you with that to let you hear their case under what they would have approved at the time. And let me also mention that I believe there are members of the public here who would like to make some statements that have some concerns about future maintenance and monitoring of this and perhaps we can address that a little bit better at a later meeting also. Mr. Kennedy: Alright, we've heard from the applicant. We've heard from the County. Is there anybody else here that wants to speak? If you want to speak now. I guess we should go on. We might defer it, and if you would like to come back we would understand that. Lois Rochester: I understand that. Because it is so late, I am not going to read this entire statement. Just to summarize. I am Lois Rochester from the League of Women Voters. We, we are recommending that you deny this application and of course now that I have heard a lot more in:Eormation about thi particular treatment and we are not familiar with this particular treatment system, so we might change our minds a little bit. Mr. Kennedy: Are you going to study that? Ms. Rochester: I am sorry. Mr. Kennedy: Is the board, is the league going to study the? Ms. Rochester: Oh, we' ll, we' ll keep up with it, yes. But our concerns up to this point have been as you have expressed already expressed. That it would set a very dangerous precedent in the county if this were, were. And it is not in conformity with the comprehensive plan as adopted by the County. And the other areas of monitoring such systems and maintaining such systems are a great concern to us. I, I will leave a copy of our statement here, and perhaps it can be copied and distributed to all of you, but for your consideration. And we will certainly continue to follow this issue with great interest and will probably be back. Thank you. Mr. Kennedy: Sharon will take care of that and send Mr. Graham a copy. Mr. St. John: You know I think that this is a good idea, but are we if this stays with this board and you defer it and it ultimately it is to be decided by this board. Then that means that the only staff that is assigned to support this board is the Zoning Administrator and whatever else she gets is voluntary. Whereas, if it is an amendment to the ordinance then that brings into play all of the County departments, Planning Department and whatever Verbatim Transcript VA-90-17 Page 30 other. Engineering Department and then they would reach out to the State Health and Water Control Boards. And to me that seems like something to think about. And Amelia and her staff they are suppose to be really their job is the enforcers. You see they are the policemen here as far as the zoning ordinance is concerned. But they are not assigned to make policy or to determine policy. Are we using the right staff here? I don't know how Amelia feels about this, but this is putting a load of work on her that really isn't her function here under the normal setup of departments. Mr. Kennedy: Alright. Mr. Rennolds: Who should Mr. Graham go to next? The Board of Supervisors? Mr. St. John: Well I think he ought to go to. (inaudible) Well the amendment process ultimately the Board of Supervisors either grants or either amends or elects not to amend the ordinance. But an application for an amendment is filed, you can file that with Amelia and she will pass it on to the proper authority. But if this matter is to stay here and be decided as a variance question. You know, I don' t feel like you all have the support staff to deal with something like this. That is my concerns. Whoever deals with it ought to have a complete staff study of this thing and it ought to be permitted. If it is permitted here it ought to be something that is adopted you know and maybe even encouraged throughout the County. And this is not the agency to make a decision like that. Mr. Rennolds: If Louisa is using it and it is successful then they must have a program set up. Mr. St. John: Well I wonder if the BZA of Louisa County was the was the department of the county that approved it down there. That is the question. Did the Louisa BZA do this or did the county government do it? Mr. Van Fossen: Mr. Chairman, I have been sitting very quietly. I haven't said anything for one-half of an hour. Can I say something? That I think that I concur with you that I think that this system, I have never studied it before either, it looks very good and I think we have some good applications in Albemarle County. But I don' t think that we can act upon this. When you read the ordinance there and all the powers of the board. I don't think this board can act on this. It is of a recurring nature and if we grant a variance for Mr. Graham, I am sure that probably 100 other people will come in with the same thing. It doesn' t meet the guidelines in which we can act on.. I think that we have no alternative but to turn it down and let him proceed on with going to the Planning Commission or the Board of Supervisors to get the ordinance changed. But that is not what we can act on. We have to act on a variance, and I don't think that we can do that. Mr. Kennedy: Well I think that it is a judgement call on whether you think it is going to be reoccuring or not reoccuring. You have to make your own judgement. • Verbatim Transcript VA-90-17 Page 31 Mr. Van Fossen: He admits that he has got more lots of his own that would have this same situation. Mr. Cogan: I can tell you right now there are some very bad sections of this County, especially to the east that it would be reoccuring. There are a lot of areas out. Mr. Van Fossen: The gentlemen who spoke on his behalf. Mr. Cogan: I remember when Mr. Curtis came in for a subdivision and he couldn't get it because he couldn't get. (Inaudible) Mr. Rennolds: We just had a man in here today. Inaudible Mr. Kennedy: Alright, well lets, lets. Is there anyone else here to speak? We haven' t heard from you ma'am. You have been sitting very patiently. Mary Jane Rea: I am a relatively new resident here. I am Mary Jane Rea. And my feeling is that I too wonder who is going to certify that ones system does work. Who's going to police it? Is the Health Department ready and equipped to check whatever is going out of this system and how frequently will it be done? Because whatever goes into the Rivanna goes into the water system for Lake Monticello. Your drinking water as I understand it comes out of the Rivanna. Mr. Bailey: No it goes up way up above it. Mr. Kennedy: It is up above it, but it doesn't mean that somebody else doesn't get it on their property or somebody else is going to get some water from it somewhere along the line. Ms. Rea: I don't know anything about these systems and they might be a boom. But I am not sure that this is the right number of steps or in the right order. Mr. Rennolds: Well we don't either. (Inaudible) Mr. Van Fossen: Well, I don't even think that we can even decide on the system itself. That is not what we are here for. We cannot decide on a system. The system has been explained I think very well. Mr. Kennedy: I have tried to tell Mr. Graham that. I am not taking issue with your system. And unfortunately we, I don't think that we can give you the relief we would like to give you. And we're try to do the best we can and to work with you. You might not get the decision you want in the long run, but at least we try to give the decision as best we can give it. Had you come here during Christmas maybe we could be ready to do something or somebody else could be ready to do something to meet the warm weather requirements. Let's just hope that we have some cold weather and you won't have this problem. • Verbatim Transcript VA-90-17 Page 32 Mrs. Graham: I guess that our big problem though sir, is that we have just like we said a family who has literally been calling us either weekly or daily to inquire because they are ready. They would put the house up next week. (Inaudible) And, and they know Albemarle County and they know what the land is like and they would be willing to accept it. Mr. Kennedy: It is not the fault of this board that it comes to us at this time. Mr. Rennolds: Have you got another lot that they might want? What was that lot number? Mr. Graham: They want lot number 15. Inaudible Mr. Cogan: And that has already been refused by the Health Department? Mr. Kennedy: Alright, if there is no one else to be heard, I think we have gone over all of the grounds. So we will close the public hearing. The matter is before the Board. What' s your pleasure? Mr. Van Fossen: Mr. Chairman, I think that his system appears to be a very good system but I don' t think that this Board can properly act . I think that he is going to have to look for some other avenue. I don't think that we have the right to grant him a variance of this. I have to movethat we deny it. Mr. Cogan: I consider that this is something that would be reoccuring and it is a hardship that could be generally shared by many others. And therefore I would second the motion. Mr. Kennedy: Alright, it has been moved and seconded that the application be denied. I suppose on the basis that there is no hardship and that it is not something generally shared, and find the vote, the vote will be a finding in that respect. There is nothing unique about this situation. Mr. Bailey: It looks like it might be a citizen (inaudible). It should be taken to the Board of Supervisors because there are a lot of mighty nice lots that won't pert. And with all of the research he has done and if it is a good system, it looks like the Board would pick it up and give us. Like I say, they should act on it, not us. And I am inclined to push it on to the Board of Supervisors. Mr. Kennedy: Alright, call role. Mrs. Taylor: Mr. Rennolds. Mr. Rennolds: Aye. Verbatim Transcript VA-90-17 Page 33 Mrs. Taylor: Mr. Bailey. Mr. Bailey: Aye. Mrs. Taylor: Mr. Cogan. Mr, Cogan: Aye. Mrs. Taylor: Mr. Van Fossen. Mr. Van Fossen.: Aye. Mrs. Taylor: Mr. Kennedy. Mr. Kennedy: Aye. So the application is denied for that particular request, and you can proceed us. Mr. Van Fossen: Mr. Graham, do you want your folders to use for a presentation to another board? A lot of work has gone into. that. . . Mr. Kennedy: We want to keep one. Inaudible Mr. Graham: Where do I , where do I go to from here? Mr. St. John: File an application to amend the ordinance. Amelia will help you do that and that will process right on. As there was no further business, the meeting adjourned at 6:20 p.m. Index of Documents Submitted to Board of Zoning Appeals on. March 13, 1990, for George Graham for VA-90-17. 1. Letter dated March 2 , 1990 from George A. Graham to Amelia Patterson (Request to sign Virginia State Water Control Board's form) 2 . County tax map 93 displaying. parcels 122 & 125 3 . Plat displaying lot 18 & lot 15 signed by County on 5/18/79 4 . Legal Ad which was ran in Daily Progress on 2/26/90 & 3/5/90 5. Enlarged copy of plat signed by County on 5/18/79 displaying both sheet one and two 6. Variance Application VA-90-17 dated February 16, 1990 7 . Cost Form 8 . Letter dated February 28, 1990 from George St. John to Amelia Patterson 9. Adjacent owner's list dated 3/5/90 10. Adjacent owner's notification letter dated March 5, 1990. from Amelia Patterson 11. Letter dated March 5, 1990 to George Graham from Amelia M. Patterson 12 . Memo dated March 7 , 1990 from Wayne Cilimberg to Amelia Patterson 13 . Letter dated March 12, 1990 from Roger Fuller, Marian Fuller, Patsy A. Himelsick, Ralph L. Himelsick, Cathy Good, Bobby Good, Amy Butler, and Jeffrey Butler to County of Albemarle Department of Zoning, Attn: Ms. Patterson 14 . Staff Report 15. Letter dated March 16, 1990 to George Graham from Amelia Patterson Index of Documents Submitted to Board of Zoning Appeals On March 13 , 1990, for George Graham for VA-90-17 Page 2 16. Documents submitted by the Piedmont Environmental Council which includes House Bill No. 755 & & 78 and Virginia Acts of Assembly -- Chapter 17. Memo dated October 7, 1988 from Malcolm Tenney, Jr. , M.D. in referenced to Proposed VPDES Policy NOTE: The following documents were submitted to the Board on March 13th by George Graham: 18 . Letter dated November 6, 1986 To Whom It May Concern from Andrew D. Evans, Deputy Zoning Administrator 19 . Letter dated July 21, 1989 to George Graham from Amelia M. Patterson 20. Sections 4 . 2 . 5 and 4 . 2 . 6 (page 26) of the Albemarle County Zoning Ordinance 21. Section 4 . 0 General Regulations of the Albemarle County Zoning Ordinance (Amended 6-3-81 and 11-15-89) 22 . Memo dated February 1, 1979 from Jack Collins to Donald Gaston, Senior Planner 23 . State Water Control Board application form & Effluent Limitations and Monitoring Requirements 24 . Commonwealth of Virginia "Draft" Sewerage Regulations 25. Profile of Septic Tank - Sand Filter & Attachments (17 pages) 26. Pages 31 - 35 from Impacts of Septic Systems on Water Quality: Considerations for VA's Chesapeake Bay Protection Act 27 . EPA An Emerging Technology Intermittent Sand Filtration A Process Assessment 28 . Onsite Wastewater Treatment Intermittent Sand Filters 29 . Commonwealth of Virginia State Board of Health - Sewage Handling & Disposal Regulations, Page 13 30. VA-90-17 Staff Report for George Graham March 2, 1990 Amelia M. Patterson Zoning Administrator 401 McIntire Rd. Charlottesville, VA 22901 RE: Virginia Water Control Board - single family sewage treatment system I am requesting that Albemarle County sign the Virginia State Water Control Board's form acknowleging that I am in compliance with Albemarle County's zoning ordinances in that Ashmere Subdivision is zoned for a single-family dwelling on each lot. It is my intent to install a single family sewage treatment system which has been approved by the Commonwealth of Virginia's Health Department and the Water Control Board. This system is regulated and monitored by the Virginia Water Control Board. Sincerely, Georce-A. Graham MAR 2 1990 AL ►a 1 E COUNTY ._e ftt.._� ZONING DEEPARTME's7 I I 0 lb Ii 1Q3 ((g !a4 BEMARLE COUNTY \79 1 r p',/,,,,y 7 -.,,,f3\y\. 5 . 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F Zs \ w $ O .�J r0• ,1/4 / 6 lsJp 1a i EJ pF :i q \ ` 1 t � � l�� ; LOT Fi R A /• ••� a e.37/f r 'tTD l Shoot Two of Two `Shoots `� LOT /7 i 4 1� ^r PLAT SHOWING LOTS 6 — 21 • 16SAC7 Z- I 1 $CLASS, VA-ADS, Public Hearing March 13 , 1990 . . .The Albemarle County Board of Zoning Appeals will conduct a public hearing on Tuesday, March 13 , 1990, at 3 : 00 P.M. , in Meeting Room #7 , Second Floor, County Office Building, 401 McIntire Road, Charlottesville, VA to consider the following: \qlr\ VA-90-11. C. Ray Beard (owner) , property known as tax map 32 , parcel 22I, located on Rt. 29 north approximately 1 mile north of the Rt. 29 and Rt. 649 intersection on the west side of Rt. 29, zoned LI, Light Industrial . Applicant seeks a variance from Section 26. 10. 1 of the Albemarle County Zoning Ordinance to reduce the required front yard setback from 50 feet to 32 feet, a variance of 18 feet for the location of a freestanding business sign./qlr/ VA-90-12 . S . Vance Wilkins, Jr. (owner) , property known as tax map 126, parcel 31A, located at the Alberene Quarry on the east side of Rt. 800 at the County line, zoned Rural Areas. Applicant requests variances for proposed subdivision: 1) Two (2) lots for reduced building site of 18, 500 and 20, 000, variances of 11, 500 and 10, 000 (Section 4 . 2 . 1) ; 2) Six (6) lots for no approved septic area, 1 lot for no reserve area (Section 4 . 1. 6) ; 3) Six (6) lots for lot frontages reduced to 80 to 240 feet, variances of 10 to 170 feet (Section 10. 4) ; 4) Six (6) lots for lot width reduced to 80 to 240 feet, variances of 10 to 170 feet (Section 4 . 6. 1. 3) ; 5) Two (2) lots for side yard setback of 15 and 22 feet, variances of 3 and 10 feet (Section 10. 4) . /qlr/ VA-90-13 . Emanuel or Mary A. Corey (owners) , Debra L. Feggans (contract purchaser) , property known as tax map 128 , parcel 96B, located on the north side of Rt. 6, approximately . 5 mile west of its intersection with Rt. 627 , zoned RA, Rural Areas. The applicant seeks a variance from Section 30. 5. 6. 2 . 1 of the Albemarle County Zoning Ordinance to allow a single-family dwelling to be located 75 feet from the front property line, a variance of 75 feet. /qlr/ VA-90-14 . Phillip & Tammy Jamerson (owners) , property known as tax map 90, parcel 14B1, located on Rt. 20 south, approximately 1. 5 miles south of the Rt. 20 and Rt. 742 intersection on the east side of Rt. 20, zoned RA, Rural Areas . Applicant seeks a variance from Section 4 . 15 . 3 . 1 of the Albemarle County Zoning Ordinance to increase the aggregate area of an identification sign from 4 square feet to 5. 75 square feet, a variance of 1. 75 square feet, and from Section 30. 5 . 2 . 2 to reduce the required front yard setback from 150 feet to 1 foot, a variance of 149 feet for the location of an identification sign./qlr/ Page 2 VA-90-15. Maryann MacConochie (owner) , property known as tax map 128 , parcel 1, located on the north side of Rt. 6 and the west side of Rt. 715, known as Gutherie Hall, zoned Rural Areas. Applicant requests a variance of Section 10. 4 of the Albemarle County Zoning Ordinance to reduce the lot frontage requirement for a proposed lot from 250 to 177 feet, a variance of 73 feet.,/qlr/ VA-90-16. Rick James Reece (owner) , property described as tax map 19 , parcel 40F, located . 05 mile northwest of the intersection of Rt. 817 and Rt. 604 , zoned RA, Rural Areas. The applicant seeks a variance from Section 10. 4 of the Albemarle County Zoning Ordinance to allow a proposed addition to a single-family dwelling, and an existing deck to remain as located, 39 feet from the front property line, a variance of 36 feet. VA-90-17 . George Graham (owner) , properties known as tax map 93 , parcels 122 and 125, located on the west side of Ashmere Drive off the west side of Rt. 729, approximately 3/4 mile north of Rt. 53 , zoned RA. Applicant requests a variance of Section 4 . 1. 6 of the Albemarle County Zoning Ordinance to permit individual sewage treatment instead of drainfields. /qlr/ . . .All applications are available for your review in the Albemarle County Zoning Department, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Va. BILL TO: ALBEMARLE COUNTY ZONING DEPARTMENT Date: February 23 , 1990 DATE RUN: FEBRUARY 26, 1990 and MARCH 5, 1990 r r B8 THE DAILY PROGRESS, Chat i?AILY PROGRESS,I.._ Legals Legals 12 • feet(Section 4.6.1.3):5)Twc(2) F 5 1, 1! 1 Lt'',r�� lots for tide yard setback of 15 �Y • and 22 feet,variances of 3 and ' 10 feet (Section 10.4)144 VA-90.13. Emanuel or Mary"A. Corey (owners), Debra L Fe - gans (contract purchaser), property known as tax map 128, parcel 96B,located on the norm side of Rt. 6, approximately .5 mile west of its intersection with Rt 627,zoned RA,Rural Areas. '10 } The applicant seeks a variance 3 c' from Section 30.5.6.2.1 of the Albemarle County Zoning Or. 1< dinance to allow a single-family dwelling to be located 75 feet ..The Albemarle County Board !� from the front property line, a of Zoning Appeals will conduct a IP variance of 75 feet°/qlr/ public hearing on,-Tuesday. VA-90.14. Phillip & Tammy March 13,1990,at 3:00 p.M.,in ,k' Jamerson (owners), property Meeting Room #7 Second C r known as tax map 90, parcel Floor, County Office Building, \ '-" t 1481, located on Rt. 20 south, 401 McIntire Road, Charlottes- u. approximately 1.5 miles south of ville,VA to consider the follow- 6' the Rt.20 and Rt.742 in:ersec. ing: ----- Lion on the east side of Rt. 20, - VA-90.11. C. Ray Beard zoned RA, Rural Areas. Appii.(owner),property known as tax cant seeks a variance from Sec- f! , 1)‘) map 32,parcel 221, located on tion 4.15.3.1 of the Albemarle c , Rt.29 north approximately I mile County Zoning Ordinance to in- north of the Rt.29 and AC 649 crease the aggregate area of an intersection on the west side of i identification sign from 4 square Rt.29,zoned LI,Light Industrial. %1` feet to 5.75 square feet, a var- Applicant seeks a variance sec- ,t,', /' lance of 1.75 square feet, and t) tion 26.10.1 of the Albemarle / 1 from Section 30.5.22 to reduce ri,. County Zoning Ordinance to re- 1'� the required front yard setback duce the required front yard 1 from 150 feet to 1 foot, a var- setback from 50 feet to 32 feet. iance of 149 feet for the location a variance of 18 feet for the lo- of an identification sign-/qlr/ cation of a freestanding busi- _ VA-90-15. Maryann MacCono- ness sign./qlr/ VA-90.12. S: chie(owner),property known as _�\ Vance Wilkins, Jr. (owner), tax map 128,parcel I,located on �1-E, property known as tax map 126, the north side of Rt. 6 and the ] (P.as, parcel 31A, located at the Al- west side of Rt. 715, known as } `ttr•,,, berene Quarry on the east side Gutherie Hall, zoned Rural l of Rt. 800 at the County line, Areas.Applicant requests a var- W '* zoned Rural Areas. Applicant lance of Section 10.4 of the Al- requests variances for proposed bemarle County Zoning Ordin- ,7 subdivision: 1) Two (2) lots for ance to reduce the lot frontage reduced building site of 18,500 requirement fur a proposed lot and 20,000,variances of 11,500 from 250:o 177 feet,a variance and 10,000 (Section 4.2.1); 2) of 73 feet./alit VA-90-16. Rick i Six(6)lots for no approved sep- James Reece(owner),property tic area,1 lot for no reserve area described as tax map 19,parcel (Section 4.1.6);3)Six(6)lots for 40F,located.05 mile northwest lot frontages reduced to 80 to of the intersection of Rt.817 and 240 feet,variances of 10 to 170 At.604,_cned RA,Rural Areas. ,� feet (Section 10.4); 4) Six (6) The applicant seeks a v /ariance r� -1 lots for lot width reduced to 80 to from Sec:,on 10.4 of the Abe- 1.-3 240 feet,variances of 10 to 170 merle County Zoning Oroinance • to allow a proposed audition to a m A. YOUR ' single-fam.'y dwellu,g, and an '- -r- existing deck to remain as lo- cated, 39 feet from the front property line, a variance of 36 feet. VA-90-17. George GrahartT'--- (owner), properties known as tax map 93, parcels 122 and 125,located on the west side of 5 5 + Ashmere Drive off the west side • of Rt. 729, approximatelya'4 C a mile north of Fit 53,zoned RA. Applicant requests a variance of Section 4.1.6 of the Albemarle County Zoning Ordinance to permit individual sewage treat- ment instead of drainfields./qlr/ ...All applications are availabTr' for your review in the Albemarle County Zoning Department,Se- cond Floor,County Office Build- ing, 401 McI BTO:e Road, Char- 1 Char- lottesville,Va.. BILL TO:ALBE• ,` MARLE COUNTY ZONING DEPARTMENT Date: February 23, 1990 DATE RUN: FE- 5 BRUARY 26,1990 and MARCH q 5,1990 w^p 1 '� • ...The Albemarle County I VA-90-17. George.Graliam ff • of Zoning Appeals will conduct a (owner), properties'',Inowtl,''ae' public hearing on Tuesday, tax map 93,'parcels,122 and March 13,1990,at 3:00 p.M.,in 425,boated on the weal side of Meeting Room #7 Second Ashmore Drive offlhe west side Floor, County Office Building, of Rt 720, approxIma 3/4 401 McIntire Road, Charlottes- mile north of Rt.53,zoned RA, ville,VA to consider the follow- Applicant requests a variance of ing: Section 4.1.6 of the Albemarle VA-90-11. C. Ray Beard CountyZoning Ordinance to (owner),property known as tax Individuals treat- • map 32,parcel 221, located on ment instead of drain car/ Rt 29 north approximately I mile AN applications are 4p It ti north of the Rt.29 and Rt.649 for your review n*A16 . intersection on the west side of County Zoning Department Se-, 07 Rt.29,zoned L I,Light Industrial. cond Floor,County Office Bulk!.' CO Applicant seeks a variance sec- ing, 401 Melntre fload,Chr- tion 26.10.1 of the Albemarle Iottesville,Va. _ County Zoning Ordinance to re- CO duce the required front yard m m setback from 50 feet to 32 feet, re 0 • a variance of 18 feet for the lo- D cation of a freestanding busi- ness sign./qlr/ VA-90-12. S. -- Vance Wilkins, Jr. (owner), property known as tax map 126, parcel 31A, located at the Al- berene Quarry on tt•e east side 0 of Rt. 800 at the County line, zoned Rural Areas Applicant 77 requests variances for proposes M subdivision: 1) Two (2) lots for C/) reduced building site of 18,500 f' 0) and 20,000,variances of 11,500 - and 10,000 (Section 4.2.1); 2) op ? Six(6)lots for no approved sep- tic area,1 lot for no reserve area (Section 4.1.6);3)Six(6)lots for p lot frontages reduced to 80 to 240 feet,variances of 10 to 170 N feet (Section 10.4; 4) Six (6) lots for lot width reduced to 80 to 240 feet,variances of 10 to 170 cp feet(Section 4.6.1.3);5)Two(2) ' lots for side yard setback of 15 C and 22 feet,variances of 3 and 10 feet (Section 10.4)./glr/ VA-90.13.Emanuel or Mary A. f• 1p E.- a 1 Corey(owners), Debra L F - i7 gans (contract purchaser , a property known as tax neap 12 , e1- parcel 96B,located on the north r- , side of At 6, approximately .5 i .. Q- mile west of its intersection with Rt.627,zoned RA,Rural Areas. § - - - F. The applicant seeks a variance from Section 30.5.6.2.1 of the At Albemarle County Zoning Or- • n dinance to allow a single-family dwelling to be located 75 feet from the front property line, a fJt variance of 75 feet./qlr/ .s TammyVA-90-14. Phillip 8 Tammy a n CAD Jamerson (owners), property S known as tax map 90, parcel 14BI, located on Rt. 20 south, a approximately 1.5 miles south of 0 the Rt.20 and Rt. 742 intersec- lion on the east side of Rt. 20, zoned RA, Aural Areas. Appli- cant seeks a variance from Sec- tion 4.15.3.1 of the Aibemar'de County Zoning Ordinance to in- crease the aggregate area of an identification sign from 4 scuare feet to 5.75 squaw feet, a var- iance of 1.75 square feet, and from Section 30.5.2.2 to reduce the required front yard :r_•'Zack from 150 feet to 1 foot, a 4ar- iance of 149 feet for the location of an identification sign./gtrr VA-90-15. Maryann MacCono- cnie(owner),property known as tax map 128,parcel I,located on the north side of Rt. 6 and the west side of Rt 715. known as Gutherie Hall, zoned Rural Areas.Applicant requests a var- iance of Section 10.4 of the Al- bemarle County Zoning Ordin- ance to reduce the lot frontage requirement for a proposed lot from 250 to 177 feet,a variance of 73 feet./qlr/VA-90-16, Rick James Reece(owner),property described as tax map 19,parcel 40F,located.05 mile northwest of the intersection of Rt 817 and Rt 604,zoned RA,Rural Areas. The applicant seeks a variance from Section 10.4 of the Albe- marle County Zoning Ordinance • to allow a proposed addition to a single-family dwelling, and an existing deck to remain as lo- cated, 39 feet from the front • property line,a variance of 36 I • 1 1 ;,,r== .-�. -,�• a 7 YO I r l a Ca C LM 20 20.°ar'3I ._.6� ICI 23 ��? q ol'i '^ Lei 19 30'10'VA 130.04 252 54 2J0.37 139.20 / � /re n .g•� o" ��!j .t,.et 0 2Un03.10 i0.v2 —WI00 .0 .'ram a %i 1`.•,w ti``� co ,0 JIlir 2.,,,__. 21e00_fi 000 OUS• 1a0:r 299 22 291 Odd '� p <w.n ^00�� by m 0 I o _I s' T7 96 151 ar 151 2+. b ` .1 Lai 10 IQ ,SJ SZ !!!�•^• tat r9 I AEI ST.. �t; k".—. . w 'Q ,t,,; t'.' , , e! I.eI 1/ 10°Qa OD 1 eft 0a ' 3 '3^^0..»�'a�..,..,..-..44 P\i D. 0'b� 3 1.0 3U sae oo a j Lesley Al. Ta es IAO PD 1 ae 3 8r� 5' . `� u o` 4. O ` as 61/0/.6 00�30• roe_Co 92 02 to3 os 10s�l5_ 1 1� Zr\ 1°I ,b Q0 Ip,Jd7O '� 9a°06' 305 00 171 ra t3a 09T 232 IC _•„r„••,� y� . O ` d a ....�• sd 90 110 S! 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NUMBER APPLICATION FOR: $ %�' 9 �hec one) , „:-11�_1 i'sllllfll ` , .Q-1(0--�j t VARIANCE 0 ' �� DATE SUBMITTED PERMIT ,,-v-r-,...--74 ��❑ SPECIAL USE +. a ? ° vJ i L Y�c�\,I 0 REZONING :t �c'�'P _ FEE PAID (see reverse) •❑ ZONING TEXT AMENDMENT IRGI Q_)(0o ❑ MOBILE HOME DATE OF PRELIM CONF. ❑ HOME OCCUPATION ❑ ACCESSORY TOURIST LODGING STAFF AT PRELIM. CONF. l'ZOO.5�ac2- (ce ve . OWNER (a current).y listed in Real Estate) Day 0160 , Name P,9t,y A fo I FM-) Phone (, jy.. ,1 • Address ^ CV;ileCj,r,V93 .z52,73 r A LICANT (if different from owner) Day • Nam Phone (_) - Addres C ACT PERSON (if different from above) Day N Phone (_) Addre LOCATION• TAX MAP/PARCEL NUMBERS (use reverse if needed) 2. Q1.3 ©0 - 0.d- L �? p� 4. - - D- At? a,7x EXISTING ZONING PROFFERED? Yes _- No __ Acreage if different y' _ DESIRED ZONING PROFFERED? Yes No Acreage if different �_ 35_, \ EXISTING USE ) IL C wg- PROPOSED USE 4',1 re,,`rl.ep t ,Q ORDINANCE SECTION(S): 4,I,G GJco C� L. Ce�UUm' - DESCRIPTION OF REQUEST: �i&hd6ad do/AnJeg47imxl���11 (ft1.%,i._.-tvicr4 (!Jr i ataeue) iM a.f i. I D I- Q.a 1 hc),Nir-uutO `rreRvfr 4-1T <-1,44p41r _ IN 1 I 1 I C i v,9`tLt:C a, VA-90-17. George Graham (owner) , properties known as tax map 93, parcels 122 and 125, located on the west side of Ashmere Drive off the west side of Rt. 729, approximately 3/4 mile north of Rt. 53, zoned RA. Applicant requests a variance of Section 4.1.6 of the Albemarle County Zoning Ordinance to permit individual sewage treatment instead of drainfields. /q1r/ • The foregoing information is complete and correct to the best of my knowledge. I have read and understand the provisions of the Albemarle County ,Zoning Ordinance applicable to this application. • Signed Date 2 -14 , 19 Z2_• Owner, Contract Purchaser, Agent) LL � Fee $ (.9S . 61) a/Date P id 1_/ Received By _ ). i in Notesa�sloa),P S�s��kci .3-g3 `10 vick_(1 ct y � _o(f n1 rin-�— '+ 6 Site Review Date: _/_/ PLANNER: Recommendation: _ al 6 Planning Commission Date: _/_/ Action: I Board of Supervisors Date: __/__/_ Action: • — Board of Zoning Appeals Date: / /jQ Action: 11,,i0J -4) 40 v,A2poiV 4W/p9J1Ai ,y, - / „ Algn. RCI COUNTY OF ALBEMARLE Office of County Attorney 416 Park Street Charlottesville, Virginia 22901 Telephone 296-7138 JAMES M. BOWLING, IV GEORGE R. ST.JOHN DEPUTY COUNTY ATTORNEY COUNTY ATTORNEY February 28, 1990 Mrs. Amelia M. Patterson Zoning Administrator County Office Building 401 McIntire Road Charlottesville, Virginia 22901-4596 Re: Ashmere Subdivision - Lots 6-21 Dear Amelia: I am returning the materials you put in my box relating to the variance application of Mr . George Graham in Ashmere Subdivision, requesting relief from the requirement of a replacement septic field. Because these materials do not contain all of the facts, I still do not understand what the trouble is. These documents do not indicate whether the lot has room for one septic field without replacement area, or no septic field at all . In other words, is Mr. Graham seeking a variance from the requirement of any septic field at all, or merely the requirement of a backup septic field? Sincerely yours, George R. St. John County Attorney GRStJ/tlh Enclosures . ,c�OF A1,42) ,, 9� "IRGI1** COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 I3 i • et Cr1 6+ _._ 3 1 1 -r , 1,:: --- 0 0 cr. (5-- ti__ -el Iii. 300 (5-1 4, __415• .„. • . • . t _._.. .,::::c. ..is..31 0 1 ( --. i I . t d 4 r ..... \io )--1 1 IQ co L1 0 cc O o 0 0 Ncocoo M to N LA O O O \ O O O O O O O O O O O O O O O (0 O M O 0 0 O' In M M `O 0 0 O I7 _ r O O O O IC Y I- Y O O O CD >-- N MT rT 'O N N I- [O W N Al I- CO O CC 0 0 W o 8 0 0 O > a > ce 0000 ` 0 0 \ O > "'� IL .:• O LIJ F- M O O O ) 3 > • IX > V) O. M M M S W S W < K W Q OC LU CC J O J O ILa J O W O J 0 >- a J .. 0 0 0 O W M J O W M J co 0 J O 0 .J 0 IC ` �• � M a 'O a N CC LUMn Cr W : � 0 LU V) . • . 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N 0 tr$ N O U) U) W W `�- OC ao 0 0 CI 6 C Uj W pF Al ' lNL11; COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 March 5, 1990 French, Clyde H. or Doris K. Graham, George A. or Betty H. Criss, Gregory R. or Rebekah G. Corbett, James D. Stewart, Edward, Jr. Clark, Magdeline B. & Etal. New, David M. or Marla Cantor-New & Seymour Cantor Parr, Steven Dale or Elizabeth Ann Burton, Ecklie H. Fuller, Roger R. or Marian G. Hensley, Lester M. & Mary L. Raher, David G. or Mary Jane Godrey, Gregory H. or Sally M. Smith, Keith L. or Patricia R. Franger, Marvin J. , Jr. or Stephanie S. Porter, William J. or Constance L. Isak, Conrad J. , Sr. or Barbara R. Dear Ladies and Gentlemen: This letter is to notify you, as adjoining property owners, that George Graham & Betty H. (owners) , property described as tax map 93 , parcels 122 & 125, zoned RA, Rural Areas, have made application for VA-90-17, requesting relief from Section 4 . 1. 6 of the Albemarle County Zoning Ordinance, as follows: The applicant requests a variance from Section 4 . 1. 6 of the Albemarle County Zoning Ordinance to permit individual sewage treatment instead of drainfields. A public hearing will be held by the Board of Zoning Appeals on March 13 , 1990, at 3 : 00 p.m. , in Meeting Room #7, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. -~\ March 5, 1990 VA-90-17 Adjacent Owner's Letter Page 2 This application is made available for your review in the Albemarle County Zoning Office, 401 McIntire Road, Charlottesville, Virginia. Sincerely, Amelia M. Patterson Zoning Administrator AMP/st cc: VA-90-17 Aa/0444, Tp '4, • COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 March 5, 1990 George Graham 2105 Ashmere Drive Charlottesville, VA 22901 Re: Variance Application, VA-90-17 Tax Map 93 , Parcels 122 & 125 Dear Mr. Graham: This letter is to inform you that your variance application, VA-90-17, will be heard during the public hearing by the Albemarle County Board of Zoning Appeals on March 13 , 1990, at 3 : 00 p.m. , Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. • It will be necessary for someone to be present to speak for the variance application. If you have any questions, please contact our office. Sincerely, 0,AmiL-ta Amelia M. Patterson Zoning Administrator AMP/st cc:- VA-90-17 r d�3 ti 3✓ • Yc Memo to: Amelia Patterson March 7 , 1990 • Page 2 VA-90-17 George Graham proposes installation of individual sewage treatment as opposed to septic system or central sewer. This proposal is for two ( 2) lots in Ashmere subdivision; but the applicant owns thirteen ( 13) vacant lots in the development. These lots are generally less than $4,000 in assessed value while developed lots exceed $20, 000 in value. Therefore, it may be possible to combine 7-10 lots to create a building site of comparable value to other lots in the development. (The Virginia Department of Health should be consulted in this regard) . At any rate,, it appears that the County Finance Department has taken development restriction (as well as purchase price) into consideration regarding assessment. A major concern is' t.hat the proposed method of sewage disposal relies on vigilant_ homeowner maintenance as opposed to physical design for effectiveness. Septic systems require only multiyear attention, however, the proposed system requires maintenance of chlorination and dechlorination elements as well as periodic sand filter replacement. County regulation relies on physical design as opposed to user obedience/maintenance for effectiveness. This is reflected from parking requirements to installation of the $2,000,000.00 regional run-off control basin in Crozet. In this case, should the BZA grant variance, such variance could be conditioned upon measures consistent with County effort towards environmental protection of water resources. The Planning Commission recently required the Keene Transfer Station to be served by a sealed system requiring pump-and-haul to Moore' s Creek RWTP. A similar requirement could be placed on these lots. This would allow the owner to reconsider combination of lots into self-supporting lots or allowing purchasers to more clearly assess their costs while ensuring environmental protection. VWC/meb cc: Ron Keeler HEIDELBERG EAS1 CRN, INC. TECHNICAL ' RAINING CENTER 71¢i%e /__/2, /790 _ - Cz ,a2-4Te3/ cze91_€... -P 0:cold • 44, - --- ---------- zt.L __ V STAFF PERSON: Amelia M. Patterson PUBLIC HEARING: March 13 , 1990 STAFF REPORT - VA-90-17 OWNER/APPLICANT: George Graham TAX MAP/PARCEL: 93/122 and 125 (Lots #15 and 18) ZONING: RA, Rural Areas ACREAGE: #15 = 6. 22 acres, #18 = 3 . 5 acres LOCATION: In Ashmere Subdivision on the west side of Ashmere Drive, off the west side of Route 729, approximately 3/4 mile north of Route 53 . REQUEST: The applicant requests relief from Section 4 . 1. 6 of the Albemarle County Zoning Ordinance, which states: "4 . 1. 6 For lots not served by a central sewer system, no building permit shall be issued for any building or structure, the use of which involves sewage disposal, without wrj,tten approval from the local office of the Virginia Department of Health of the location and area for both original and future replacement septic disposal fields adequate to serve such use. For residential usage, at a minimum, each septic disposal field shall consist of suitable soils of adequate area to accommodate sewage disposal from a three (3) bedroom dwelling as determined by current regulations of the Virginia Department of Health. (Amended 11--15-89) " This variance is to permit individual sewage treatment with above-ground discharge, in lieu of a septic drainfield with underground discharge and reserve field area. The treatment systems are proposed for two separate lots for construction of a single family dwelling on each. Approval of such a systen will require State Water Control Board approval. The system involves a sand filter, a chlorination unit, a dechlorination unit, and discharge into a drainage ditch. One lot is proposed for the applicant's residence, and the second will be sold. RELEVANT HISTORY: Ashmere Lots #6 - 21 Final Plat was approved by the Planning Commission on February 20, 1979. The plat was signed by staff on May 18, 1979 . A memo dated February 1, 1979 from the Health Department states that the plat had received Health Department approval. Page 2 Staff Report VA-90-17 George Graham RECOMMENDATION: At this time, staff has not received information requested as necessary to this review. This information would include comment from the Health Department and/or State Water Control Board to: 1. Substantiate the need for an unconventional method of sewage disposal, in lieu of the standard drainfield; 2 . Explain the function and long-term viability/maintenance of such a system. For example, how would maintenance or system failure be handled? and; 3 . Who would be responsible for monitoring the quality of the discharge? How often would it be monitored? 4 . Grant preliminary approval of the feasibility of such .a system on these sites. Planning staff has generally cautioned against such unconventional systems. They would recommend that unique findings be made if approval is granted such that precedent is not set. Please note that this subdivision was approved prior to the current Zoning Ordinance, and was therefore not subject to the requirement for a full reserve drainfield. It is not clear however, what soil study was performed prior to subdivision approval, to determine septic field suitability. The applicant owns 14 vacant lots in this subdivision. Staff recommends combination of several of these lots, to avoid multiple sewage treatment systems. Many of these lots are assessed significantly lower than others. Staff recommends deferral to allow additional time for submittal and review of relevant information. Review of such a system should be thorough and comprehensive. If the Board of Zoning Appeals should find cause for approval, staff recommends the following conditions: 1. Approval shall be limited to one single-family residence on each lot; 2 . Responsibility for long term maintenance and periodic monitoring shall be established for current and future owners; 3 . Health Department approval; and 4. State Water Control Board approval. \�RGI'�1P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 March 16, 1990 • Mr. George Graham 2105 Ashmere Drive Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-90-17 Dear Mr. Graham: This letter is to inform you that on March 13, 1990, during the regular meeting of the Albemarle County Board of Zoning Appeals, your application for VA-90-17 was denied. Anyone aggrieved by a decision made by the Board my appeal the decision to the Circuit Court of Albemarle County within 30 days of the decision. If you have any questions, please contact our office. Sincerely, atc..suo r80 Amelia M. Patterson Zoning Administrator AMP/rp cc: VA-90-17 File ti 05/01/90 14:46 PIEDMONT ENVIRONMENTAL COUNCIL P.SP $ r a'l LT L. )31 79359 F4OIJSE SILL NO. 755 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Education and Health on March 1, 1'.90) (Patron Prior to Substitute--Delegate Abbitt ) = A BILL to amend and reenact r""%. 32. 1-163 and 32. 1-164 of the Code of= =Virginia, relating to regulation of sewage disposal etrcd= =alternative discharging sewage systems. = Be it enacted by the Seneral Assembly of Virginias 1 . That •""` ;32 1-163 and 32. 1--1,64 of the Code of Virginia are Amended and reenacted as follows a 32. 1-• 163. Definitions. --As used in this article, unless the context clearly require% a different meanings -• "Alternative discharging sewage system" means any device or: =systermm which results in a point source discharge of treated sewage for which the Board may issue. as permit authorizing construction and= =operatiCan when such system ' is regulated by the State Water C'^antra-:=i»R Board pursuant to a general Virginia Pollutant- Discharge El :i • System permit issued for an individual single farni ly dwelling withr ==floawss less than or equal to 1 , 000 gallons per day.' au>, "Owner" means the Commonwealth or any of its political subdivisions, including sanitary districts, sanitation district commissions and authorities, any individual , any group of individuals acting individually or as a group, or any public or private institution, corporation, company, partnership, firm or asssoci aat tr, which owns or proposes to own a sewerage system or treatment wos kiti:. "Review Board " meanssss the State Sewage Handling and Disposal Appeals Review Board. ' Regulations"" means the Sewage Handling and Disposal I m—, .us ra•t; ionsss, heretofore or hereafter enacted or adopted by the State or Health, "Sewage" means water-carried and non-water-carried hurnaz' excrement ent together with such kitchen, laundry, shower, bath, :stvatory, • • • • r' • 05/01/90 15:49 PIEDMONT ENVIRONMENTAL COUNCIL P. 02 65 • underground, surface, storm and other water and and liquid industrial .•1 wastes ass may be present from residences, buildings, vehicles, industrial establishments or other places. "Sewerage system" means pipelines or conduits, pumping station and force mains and all other construction, devices and appliances Appurtenant thereto, used for the collection and conveyance of sewage to a tr•taeaatrnent works or point of ultimate disposal. "Subsurface drainfield " memnss a system installed within the soil and d ear ss i L:J n ed to accommodate treated sewage from a treatment works. "Transportation" moans the vehicular conveyance of sewage. "Treatment works" means arty device or system used in the storage, treatment, disposal or reclamation of sewage or combin►atione of sewage 1�• and ir►duotrial wastes, including but not limited to pumping, pewee and other equipment and appurtenances, septic tanks, and any works, including land, that are or will be ( i ) an integral part of the treatment process or (i i ) used for ' 3.t i mate disposal of r'ese i deees or effluents resulting from such treatment. " 38. 1-184. Powers and duties of Board ; regulations; fees. --A. The 1:somed have supervision and control over the safe and sanitary collection, conveyance, transportation, treatment , end disposal of sewage, all sewerage systems and treatment wo r k.se as they affect the public health, and welfare. The regulation of sewage, as it may affect the public health, shall be primarily the resspcsneibi l ity of the Board and, in cases to which the provisions of Chapter 3. 1 (.'^ +2. 1-44. 2 et seq. ) of Title G2. 1 are applicable, the joint responel bi l ity of the Board and the State Water Control Board in accordance with such chapter. =However, upon the final adoption of a= wtiaenieral VirLlinia► Pollutant Discharge Elimination Permit by the State mWater Control Board, the Board of Health shall assume thee mreepor►sibility for permitting alternative ditsc,haeginq sewage ssysternss= Wass defined in ' 38. 1--183. All such permits shall comply with the= I eaapp.l icable regulations of the State Water Control Board and bey tree:lsttered with the State Water Control Heard. = " The Board shall establish requirements for maintenance contracts� for alternative discharging sewage systems. The Board may require, as, =a condition for issiuinll a permit to operate an alternative discharging, messwage system, that the applicant present an executed main,enarncem =c:o nt raact . Such contract shall be maintained for the life of arsye =general Virginia Pollutant Discharge Elimination System permit issued= wily the 8tatca+ Water Control Board. ' tb B. The reeuiatione of the Board shall govern the collect ion, conveyance, transsportaation, treatment and disposal of sewaagee. Such ;, regulations shall be designed to protect t h e public health and promote the public welfare and may include, without limitation; 1 . (a requirement that the owner obtain a permit from the Commissioner prior to the construction, installation, rib cJi •fieat icin or operation of a sewerage system or treatment works except in those instances where a permit is required pursuant to Chapter 3. 1 of Title 62. 1. 2. Criteria for the granting or denial of such permits. a=• 3. Standards for the design, construction, installation., modification and operation of sewerage systems and treatment works. rss; 4. Standards governing disposal of sewage on or in soils. 5. Standards specifying the minimum distance between sewerage fi05%01/90 14:45 PIEDMONT ENVIRONMENTAL COUNCIL P-51 3 SC systems or tr^eatmesr, wor'kss,: and: (a) Public and private wells supplying water for human consumption, (b) Lakes and other impounded waters, (c) Streams and river^sa, (d) Shellfish waters, ( : ) Groundwater, ( f) Aresaass and pieces of human habit:mtion, ( ) Property line's. • 6. Standards as to thse adequacy of an approved water supply. 7. Standards governing the t rensssportat i cars of sewage. 8. A prohibition against the discharge of untreated sewage onto land or into waters of the Commonwealth. J. A requirement that such residence:., building's, structures and other places designed for human occupancy as the bard may prescribe be provided with a sewerage system or treatment works. • = 10« Notwithstanding the provissions of subdivision l above s r d e =Chapter 3. 1 of Title=! 62« 1 , a requirement that the ownee obtain a= per,mi.t; from the Commissioner prior to the construction, installation =modi. •f i cyat i on, or operation of an alternative di s::cchaef i r',CI sewage sis:yast eas defined in, A 32« 1-16:3. = 11 . Criteria for granting, denying, and revoking of permits fc+ =ra l terr,at i ve di sch•raeg i ng sewage systems. C. The tsoaed may prescribe a reas:aar,ab le fee, not to exceed fifty dollars , to be charged for riling an application for an onsite sewage dispo ai syss;}tTarsi=nor an alternative diechar'ging sewage t;sysster,si+tperrnit with the Department. Funds received in payment of such charges shell be transmitted to the Comptroller for deposit. The funds from the fees shall I::re credited t,:., a special fund to be appropriated by the • Oer►cerai Assembly, as it deems necessary, to the Department for the purpose of carrying out the provisions of this title. The Board shall establish a procedure for the waiver of fees for persons whose incomev are below the federal poverty guidelines established by the United States Department of Health and Human Services or when the applir.:at :ice is for a pit privy or the repair of a failing onssite sewage dissaposaa1 cyst ern. If the Board prescribes such fee and the Department den t ess the permit for land on which the applicant seeks to construct h i s principal place of residence, then such fee shall be refunded to the applicant. Fr"c m such funr:l.;, am Are appropriated to thro Deprae'bmant frem the special. fund, the Board shall apportion a share to local oe district health departments to be allocated ir, the same ratios as provided for- ' the operation of such health departments pursuant to A 3 t -31 . Such funrl's shall be transmitted to the local or district health departmerrtt ' or, a quarterly basis. e D. Any owner who violates any provision, of this section or any= =regulation of the Board of Health or the State Water Control Board= relating to alternative discharging sewage systems or who fails t;= ==ccornply with any order of the Board of Health or any spebia►1 final= order of the State Water Control ward shall be subject to the j =penalties provided in AA 32. 1--27 and 82. 1-44. 32. e = In the event that a county, city, or town, or its agent ,lent , is the - =owner, the county, city, or town, or its agent may initiate a civil= =action, against any user or users of an alternative discharging sewage =ssystern to recover that portion of any civil penalty imposed against= =the owner which directly resulted from violations by the user or user + of any applicable federal, state, or local laws, regulations, or= 05/03/90 10:52 PIEDMONT ENVIRONMENTAL COUNCIL P.02 VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Art to amend and reenact ^ 32. 1-164 of the Code of Virginias =relating to regulation of onsite sewage systems. a aH 1(43: Approved Se it enacted by the General Assembly of Virginias 1 . That ^ 32. 1-164 of the Code of Virginia is amended and reenacted as follows: A 32. 1-164. Powers and duties of Board : regulations; feces. --A. The Board shall have supervision and control over the safe and sanitary collection, conveyance, tsr'�t�n�r~andion,trwsatmeertitMent wt�rk+and a� they disposal of sewage, all sewerage sy •�Iry discharging thta� affect the public health and welfare. g g =responsibility to supervise and control the safe and sanitary= =treatment and disposal of sewage as they affect the public health arid awe l fare, the Board shall exercisedue diligence to protect the quality =of both surface water, and groundwater. =The regulation of sewage, as it may affect the public health, shall be primarily the responsibility of the Board and, in cases to which the provisions i nstofhe Cjhapter 3. 1 (^ 62. 1-44. 2 et seq. ) of Title 62. 1 are applicable, responsibility of the Board and the State Water Control Board in accordance with such chapter. B. The regulations of the Board .hall govern the collection, conveyance, tran :.pc+rtation, treatment and disposal of Sewage. ' Such regulations shall be designed to protect the public health and promote the public welfare and may include, without limitations 1. A requirement that the owner obtain a permit from the Commissioner prior to the construction, installation, modification or operation of a sewerage system or treatment works except in those instances where a permit is required pursuant to Chapter 3. 1 of Title 62. 1. 2. Criteria for the granting or denial of such permits. 3. Standards for the design, construction, installation, rnodi f i cant i on and operation of sewerage systems and treatment works. 4. Standards governing disposal of sewage on or in soils. 5. Standards specifying the minimum distance between sewerage systems or treatment works and : (a) Public and private wells supplying water for human consumption, (b) Lakes and other impounded waters, (c) Streams and rivers, (d) Shellfish waters, (e) troundwaterss, ( f) Areas and places of human habitation, (g) Property 'lines. 6. Standards 'ass` to the adequacy of an approved water supply. 7. Standards governing the transportation of sewage. 8. A prohibition against the discharge of untreated sewage onto land or into waters of the Commonwealth. 9. A requirement that such residences, buildings, structures and other places designed for human occupancy as the Board may prescribe be provided with a sewerage system or treatment works. 10. Criteria for determining the demonstrated ability c'f= alternative onssitte systems, which are not permitted through the then= =curreerst sewage handling and disposal regulations, to treat and and dispose =of sewage as effectively as approved methods. •4 . 05i 03/90 10:51 PIEDMONT ENVIRONMENTAL COUNCIL P.01 • C. The Beard may preic:ribeA reasonable fee, not to exceed fifty dollars, to be charged for filing an application for an orssite sewage disposal system permit with the Department. Funds received in payment of such charges shall be transmitted to the Comptroller for deposit. The funds from the fees shall be credited to a special fund to be appropriated by the General As membly, as it deems necessary, to the Department for the purpose of carrying out the provisions of this title. The Board shall establish a procedure for the waiver of fees for persons whose incomes are below the federal poverty guidelines • established by the United States Department of Health and Human Services or when the application is for a pit privy or the repair of a failing onsite sewage disposal system. If the Board prescribes such fee and the Department denies the permit for land on which the applicant seeks to construct his principal, place of residence, then such fee shall be refunded to the applicant. From such funds as are appropriated to the Department from the special fund, the Board shall apportion a share to local or district health departments to be allocated in the same ratios as provided for the operation of such health departments pursuant to A. 32. 1-•31 . Such funds shall be transmitted to the local or district health departments on a quarterly basis. . . D. In addition to factors related to the +oard' ss= wresponsibilitiee for the safe and sanitary treatment and disposal of= =sewage as they affect the public health and welfare, the Board shawl 1 , =ir, establishing standards, give due consideration to economic costs of= such standards in accordance with the applicable provisions of them =Aram i n i sat raft i ve Process Act. • • • • 05/01/90 14:35 PIEDMONT ENVIRONMENTAL COUNCIL P.02 I-.03i i6553 3 HE HOUSE II-.,L NCI_. 7 rl NL')MENT IN THE NATURE OF A SUBSTITUTE (Proposed by t h ee Senate Committee on Education and Health on Ferabr^uery E20 199s1.1s) (Patron Prior to Substitute--••-Densle~seata flrebauih) e A BILL to armed and reenact .,,, 38. 1. 1.6S and 32. i 164 of the Code . of- eVirginia, relating to sewage disposal and inspect ions ofe aft, rrnativea discharging asc• wartI e systems. aa' Be it enacted by the General ral Aes`serib1y of Vir•'yiniaa 1 That 32 1 4 of the Code of Virginia are amended ewid reenacted as follows: ;' „u usedin this article, i.Anla#=iss the :���a. i• i C�,..s. )Cam•f�:t r•,:t t; :t�::�n a. ��s :s a r t i , context cleAr^ly requires a different meaning : e "Alternative discharging s:newar Ie system" means any device r:or =esyystern which reesul•ts in a point source discharge of treated sewage fore auwh'r :tch the 13c.ar•'d may issue a per"mit authori i.nu construction arid =operation when such staysssteirri is regulated by the State Water Control=• =Board pursuant to a general Virginia Pollutant Discharge ELimination-= eSys'tein permit iills9ss»tied for an individual single family dwelling with= =flows less than or equal to 1, 000 'gallons per day. "Owner" means the Commonwealth or any of its polittra3. .a.i PRC)f:;EEL) pq subdivisions, including sanitary disintricts, ssisaarritation district H1 ccr,lmIseic'nsss And Authorities, any individual , any group of individuals act i1„'►q individually or as a grr.)u1::r, or any public or private i rist f t ut i on, corporation, company, partnership, firm or association which owns or proposes to own a sewerage system or treatments works. " Review Boated" means the State Sewage a Handling and Disposal Appeals Review Board. " Regulations" means the Sewage Handling and Disposal Rel;lu:i,a-t; ions, heretofore or hereaftee enacted or adopted by the State Board of Health. "Sewage" moans water-carried and non-water-carried human excrement together with such kitchen, laundry, shower, bath, ' lavatory, underground, surface, storm and other water ar•nc:i liquid industrial wastes As may be present from residences, buildings, vehicles, industrial ostAblishmente or other places "Sewerage my stem" means pipelines or conduits, pumping stations and force mains and al 1 other construction, devices and appliances appurtenant thereto, used foe the collection and conveyance of sewage to a treatment work% or poiet of ultimate disposal . "Subsurface draainfield" means a syetem installed within the soil 05i01/90 14:36 PIEDMONT ENVIRONMENTAL COUNCIL P.03 . • .• ., and designed to accommodate treated sewage from as treatment works. "Transportation" means the vehicular conveyance of sewage. "Treatment works" means any c:lev:lc:e or ssysstem used in the storage, treatment, disposal or reclamation of sewage or combinations ofseware and industrial wastes, including but not limited to pumping, pow er other equipment and appurtenances, sepl: is tanks, and any works, including land, that are or will be ( i ) an integral part of the treatment process or ( i i ) used for ultimate disposal of re 4 i.dues or effluents resulting from such treatment. 32. 1--164. Powers and duties of Board ; regulations; fees. --A. The Board sshtal l have supervision and control over the safe and sanitary collection, conveyance, transportation, treatment nt and dicApc'eal of sewage, all FEiiewer'`SVisiie systems and treatment works idle they affect the public health and welfare. The rkegi,.slati n of sewage, as it may affect the public health, shall be primarily the responsibility of the Board rd and, in cases to which the provisions of Chapter 3. 1 (' 62. 1-4r4. 8 et ssseq. ) of Title 62. 1 are applicable, the joint responsibility lity of the Board and the State Water Contro1. X oerd in accordance with such chapter. al In the exerc.i1ilie of its c:Iuty to supervise and control.- the =treatrnent and disposal of sewage, the Board ::ha11 require and the =lie parr ment shall conduct re i;;t u l are inspections of a:l•t;c rnat i vee ==riissch-sargirig onwaai;)e systems. The Board shall also establish. =:reP uirermments for maintenance contracts for alternative d .lsschaargirir muss ewaa ge systems, The Board may require, ae a condition for issuing a<t =permit to operate an alternative discharging sewage system, that the: e' p.pl icerit present: an executed maintenance contract. Such contract:- esssha11 be maintained for the life of any general Virginia Pollutant =Diemahaarge Elimination System permit isseeed by the State Water Cantrc'1 =Boanrd. = F . The regulations of the Board shall ;iovern the collection, conveyance, transportation, treatment and disposal of sewage. Such rcesciu1atic n% shall be designed to protect the public health and promote the public. welfare and may include, without l irnitat ioni 1. A requirement that the owner obtain a permit from the Commissioner prior to the construction, installation, amod :ifi.cation or operation of a F"8c werage system or treatment works except :Lr1 those instances where a permit is required pursuant to Chapter 3. 1 of Title 62. 1. 2. Criteria for the granting or denial of such permits. 3. Standards for the design, construction, installation, modification and operation of sewerage ssyssstemssss and treatment works. 4. Standards governing disposal of sewage on or in soils. 5. Standards specifying the minimum c_I i lt..=445t' e b !' wU2f vAt raci systems or treatment works and ' (a) Public and private wells supplying water for human consumption, (b) Laken and other impounded waters, (c) Stream% and rivers, (d) Shellfish waters, (e) traundwaater"s, 05/01/90 14:37 PIEDMONT ENVIRONMENTAL COUNCIL P.04 r .. . ._ ... . . . , _..... _ _,*__«..... .� ( f) Areass>, and pieces o.f humans habitation, (g) Property lines. 6. Standards as to the adequacy of an approved water supply. 7. Staandar d% governing the transportation of sewage. S. A prohibition against the discharge of untreated sewage onto land or into waters of the Commonwealth. 9. A requirement that such reside news, buildings, structures and other pl af,',ais designed for human occupancy as the Board may prescribe be provided with a sewera1;le system or treatment works. 10. :.3t anc:iar•"dssa 'for i.maps: ct ioress • 0f ;and requirements foor=== ei'a :t nt Crr:ianic e contracts for alternative d i lfrrch ar g i n %emot s siiyst ecr m. = C. The Board may prescribe b>7: a r+ aeorrab le fee, riot to exceed fifty dcil lers, to be charged for filing are application for an onsite sewage ci i sspoea l ssyratem===or an alternative discharging sewage system===perrrl i t with the Department. Funds received in payment of such ch'rasriniarsiss shall be transmitted to the Comptroller for deposit. The funds from the few shall be credited to a special fund to be appropriated by the PROCEED p i General Assembly, es it deems necessary, to the Department for the purpose of carrying out the provisions of thls•=sr title. The Board trsshal l establish a procedure for the waiver of fees for, persons whose incomes are below the federal poverty guidelines established by the United Stetess Department of Health and Human, Servicess or when the application ea :for a pit privy or the repair of a failing onc>site sewage disposal stis•y!! tem. If the Board prescribes such fee and the Depaetrrrent denies the p e r=m i t f o r land on which the applicant seeks to construct h i s principal place of residence, then such fee shall be refunded to thee applicant. From such funds as are appropriated to the Department from the special fund, the Board :`shall apportion a share to 1ro+cal or district health departments to be allocated in the sarrre ratios as eeovi.ded for the c{per"ation of such health departments pursuant to a 32. i-31. yueh funds:Es %hall, be transmitted to the local or district heal'te departments on a quarterly basis. e D. Further, the Board may prescribe a reasonable fae, not to:== eexr_eed fifty dollars, to be charged for such installation and:r ='=rnconitoring inspections of alternative discharging sewage sysssternsss as= emay be required by the Board. 'rhe funds received in payment of such -•-fees shall be credited to a special fund to be appropriated by the =Gerrera1 Assembly, as it deems necessary, to the Department for thee PROCEED pg ==purpose of carrying out the provisions of this section. The Board= eshall establish a procedure for the waiver of fees for persons whasee =inr_crmes are below the federal poverty guidelines established by thee eUnited States Department of Health and Human Services. 0 co It /" ec : MCI .e3� J o.ck - IAD e tk EL -4D 4t7 )obt` Tr- by tOov . I ,t. From: VA.ENVHLTH IPHF13057 . Delivered: Fri 7-Oct-55 15 :04 EDT Svs 132 . '333l Subject : Proposed VPDES Policy Mail Id: IPM-133-331007-135651310j )0;A/a October 7. 1988 MEMORANDUM / To: Regional Directors From: Malcolm Tenney, Jr. , M.D. Regional Director � 41-1� ,f- � Subject: Proposed VPDES Policy j/ 41 For the past several months I have been chairing a committee assigned to develop a statewide policy addressing how the Department of Health will comment on VPDES (previously NPDES) permit applicationt. Members of this committee represented local government, the State Water Control Board, the Council on the Environment, and the Health Department. Needless to say many view points were represented and the attached document reflects our consensus opinion. My intention is to bring this issue up for discussion and hopefully adoption at our next Regional Directors Meeting. Please review the proposed policy with staff and be prepared to discuss it at our next meeting. Interim Municipal VPDES Administrative Procedure The statutory authority to issue municipal VPDES permits belongs to the Virginia Water Control Board (VWCB) . The Depart ment of Health, in cooperation with the Virginia Water Control Board, comments on all applications for municipal VPDES permits with flows under 1 ,000 gallons per day. This policy will provide a uniform basis for local, district and regional offices to offer comments to the VWCB on such proposed -systems. Further this policy will provide guidance for local, district and regional offices to advise local governing bodies concerning their options under this program. STATEMENT OF POLICY It is the policy of the Department that prior to offering favorable comment on any municipal VPDES application, all reasonable options for onsite wastewater disposal must be explored and found unsatisfactory. All reasonable options include (a) site evaluation(s) by the Department and when /r . J . appropriate, a soil consultant report indicating that no wastewater disposal sites exist on that property. Further, a conventional septic system using a pump. low pressure distribution ! LPD ' . or an elevated sand mound are options that must be explored prior to supporting a municipal VPDES application. The Department considers these onsite systems to be more appropriate for residential use than VPDES systems. Septic tank drainfield systems, LPD, and elevated sand mounds require less maintenance, and do not result in effluent being discharged onto the land surface or water where direct or indirect human contact is likely. Further, the time to process an application is shorter for onsite systems and the cost of a system is typically less. It is the policy of the Department to recommend against the use of mechanical package treatment systems until a permanent policy can be developed that addresses long term maintenance of these systems and the collective impact of multiple systems discharging into a single waterway. It is the policy of the Department that prior to issuing any response to the VWCB, the Department will make a site inspection to determine what public health considerations are relevant to the specific application. The two areas of primary concern are: 1 . Point of discharge - All weather stream, dry ditch, no ditch, /shellfish waters, or drinking water source, and 2. Development density in the area of the discharge. These considerations are discussed in detail below. Point of Discharge For the purpose of this policy a dry ditch is any stream, ditch, or channel where effluent is discharged which will not be diluted at least 10: 1 as measured during a 7 day average of a 10 year low flow (7-Q-10) . Intermittent stream, dry ditch, and no ditch discharges will not be recommended. far approval unless the applicant can demonstrate that the following conditions can be met: 1 . Direct contact between minimally diluted effluents and the general public will be prevented for the life of the system. Sewage effluents treated with conventional disinfection can contain viable pathogenic organisms. 2. The minimum controlled access distances shown below.— shall be provided below each residential discharge. Access may be restricted by ownership or easement. Where accom plished by easement, the easement must be recorded in ac \\\\\ cordance with 4.5 E.2 (old section 8.05.05 B) of the Sewage Handling and Disposal Regulations. Type of System Typical Restriction a. Aerobic biological treatment 500 feet downstream and disinfection with point within homeowner's • discharge. property. b. Aerobic biological treatment 250 feet downstream followed by biological sand within homeowner's filtration and disinfection property. with point discharge. c. Anaerobic treatment followed 500 feet downstream by biological sand filtrat- within homeowner's ion and disinfection. property. These controlled access distances may not be modified. 3. The maximum slope permitted for dry ditch discharge systems will be 15%. All discharges within five miles of any public water supply intake, or within five miles of any public swimming or bathing area requires approval of the appropriate local governing bodies pursuant to Section 15 .1-292 of the Code of Virginia. Individual home discharges proposed within one mile (upstream) of any public water intake, or within one mile of any public swimming or bath ing area, or into any shellfish waters will not be recommended for approval. Development Density For the purpose of implementing this interim administrative procedure, a subdivision is any two adjacent lots which would result in point source sewage discharges within 500 feet of each other. It is the policy of the Department not to support multi ple (two or more) lot subdivisions developed on individual dis charge systems unless a public service authority exists which will perform at least quarterly inspections and maintain the treatment systems as needed, or upon request. Where subdivisions are proposed with.VPDES systems, a large single treatment plant is nearly always a more appropriate solution. • Application Review It is the policy of the Department to assist persons applying for municipal VPDES permits by maintaining a supply of -.►..- all appropriate forms in each local office. Assistance completing the forms is part of implementing a program and is therefore the responsibility of the VWCB. Where a district director deems the personnel resources adequate, and priorities justify the need. field staff may assist homeowners in completing the application. However, in all cases, the VWCB is responsible for establishing what elements are necessary for an application to be considered complete. It is the policy of the Department that prior to accepting a' municipal VPDES application for review and comment that an infor mal site plan must be submitted. Site Plan . A site plan must be submitted to the Department for review prior to commenting to the Water Control Board on the proposed application. The purpose of the site plan is to give the Department sufficient information to make sound comment on the public health impacts of the proposal. The site plan must show the following. 1 . The location of the house, treatment system, discharge point or area, property lines, adjacent point source dis charges, and wells within 500' . 2. The elevation of the house sewer line where it exits the house, the elevation of the inlet and outlet ports or tees on all treatment units, and the elevation of the discharge point. 3. The distance between all elevation points requested in. item 2 so that the grade can be established. Gravity sewer lines must have a minimum grade of 1 .25" per 10' for 3" and. 4" sewer lines. Discharge lines after primary or secondary treatment units must have a minimum grade of 6" per 100' . Where minimum grades cannot be maintained pumping arrange ments must be shown on the site plan. Plans and specifications for sand filter systems and discharge systems must be submitted by a licensed professional. engineer. Installation Review The Virginia Water Control Board and the Virginia Department of Health have joint authority for certifying the operation of sewage treatment 'systems installed under the municipal VPDES program. The Department of Health conducts advisory inspections„ The Department of Health will inspect municipal VPDES systems for compliance with the plans and specifications which were permitted by the VWCB. Where engineering plans and specifications are re quired, a statement of completion, signed by the design enginetw.. affirming that the construction was completed in accordance with the approved plans shall be submitted to the Cepartment. Within 5 working days of the Department's inspection, or receipt of the completion statement, the local health department will Lutwat'l a letter Lu the VWCh, with a copy to the owner indicating .the results of the inspection and recommending approv al or disapproval of the system installation. • Effective Dates This policy is effective October 1, 1988 and will continue • in effect until a permanent municipal VPDES policy is developed. The committee which developed this policy is working toward a final policy which is anticipated to be effective by January 1, 1989. • • • 7.74 1‘- .( OF ALBEMS v � DEPARTMENT OF ZONING 401 MCINTIRE ROAD CHARLOTTESVILLE. VA. 22901.4596 (804) 296-5875 November 6 , 1986 Re : Ashmere Subdivison - Lots 6-21 Plat dated/approved 5/18/79 County Tax Map 93 , Parcels 16 , 27 , 28 , & 22(part of) To Whom It May Concern : This letter is in regard to Albemarle County Zoning regula- tions about area and health regulations related to utilities . Lots of the Ashmere Subdivision (6-21) are exempt from pro- visions of Section 4 . 1 . 6 , which requires approval from the local office of the Virginia Department of Health of the location and area for both original and future replacement septic disposal fields adequate to serve such use . The ordinance was amended on June 3 , 1981 requiring the pro- vision of Section 4 . 1 . 6 . If you should have any questions , please contact the Zoning Department . Sincerely , Andrew D . Evans Iieputy Zoning Administrator ADE/st cc : Reading File • it& • COUNTY 01: ALBLMARLL Department of Zoninq 401 McIntire Road Charlottesville, Virjinin 22')0I 45')() (SO4) 29() 5875 July 21, 1989 Mr. George Graham 2105 Ashmere Drive Charlottesville, VA 22901 Re: Ashmere Subdivision - Requirement Relating to Septic Approval Dear Mr. Graham: This letter serves to confirm in writing for the record, that my opinion concurs with that of Andrew Evans as written in his November 6, 1986 letter to you. Ashmere Subdivision, Lots 6 - 21 was approved May 18, 1979. Zoning regulations in effect at that time did not require Health Department approval for "both original and future replacement septic disposal fields adequate to serve such use. " Furthermore, Section 4.2.6. 2 permits an exemption or "grandfathering" of lots of record on the effective date of the present ordinance from the present requirements of Section 4 . 2 , which includes two (2) septic field approvals. I would strongly recommend, but cannot require that you attempt to find approval for two drainfield locations on each lot, even if it necessitates rearranging property lines. As you may be aware, if this issue is one of general public health, safety or welfare, the County or Health Department may become involved. If I can be of further assistance, please contact me. Sincerely, mel . Patters _ Zoning Administrator AMP/mlm 4 . 2 . 5 MODIFICATION OF REGULATIONS As part of the review of any plat of subdivision or site development plan, the commission may modify anv regulation and requirement of this section in a particular case , subject to the following limitations : 4 . 2 . 5 . 1 The applicant shall demonstrate to the commission that such modification is consistent with sound engineering and design practice and that the public interest and the intent of this section would be served to at least an equivalent degree 'b_ such modification. 1 . 2 . 5 . 2 Nc such modification shall be granted until the recommenda- tion of the county engineer , Virginia Department of Health , and other aopron_ ate officials with regard to such modifica- tion shall have been considered by the commission. 4 . 2 . 5 . 3 In granting such modification, the commission may im,rosc such conditions .as it dooms necessary to protect the public interest and to insure that such development will be con- sistent with the intent of section 4 . 2 . 4 . 2 . 6 EXEMPTIONS 4 . 2 . 6 . 1 Any structure which was lawfully in existence prior to the effective date of this ordinance and which is nonconforming solely on the basis of the requirements of section 4 . 2 , may be expanded, enlarged, extended, modified and/or reconstruc- ted as though such structure were a conforming structure. For the purposes of this section, the term "lawfully in existence" shall also apply to any structure for which a site development plan was approved or a building permit was issued prior to the effective date of this ordinance , provided such plan or permit has not expired. 4 . 2 . 6 . 2 Any lot or parcel of record which was lawfully a lot of record on the effective date of this ordinance shall be exempt from the requirements of section 4 . 2 for the esta- blishment of the first single-family detached dwelling unit on such lot or parcel ; provided that section 4 . 2 . 3 . 2 shall apply tc such lot or parcel if the some shall contain -.e 1f l oss t ?n tent_�-f..Ve � i 1 �:dequate land area in slo.��.s c. . _F �.. h• --- percent for the location of such structure . For the pur- poses of this section a mobile home shall be deemed a single-family detached dwelling unit. 4 . 3 DRAINAGE No building shall be erected on any land and no change shall be made in the existing contours of any land, including any change in the course , width or elevation of any natural or other drainage channel, in any manner that will obstruct , -26- ARTICLE II. BA-.LC REGULATIONS /0 GENERAL REGULATIONS Except as otherwise specifically provided, the following general regulations shall apply . 4 . 1 AREA AND HEALTH REGULATIONS RELATED TO UTILITIES (Amended 6-3-81. ) The following regulations shall apply to all districts : 4 . 1. 1 For a parcel served by both a central water supply and a central sewer system, the minimum area requirements of the district in which such parcel is located shall apply. 4 . 1. 2 For a parcel served by either a central water supply or a central sewer system, there shall be provided a minimum area of forty thousand (40 , 000 ) square feet per ✓ commercial or industrial establishment or per dwelling unit as the case may be . 4 . 1. 3 ' For a parcel served by neither a central water supply nor a central sewer system, there shall be provided a minimum o1' sixty thousand (60 , 000) square feet per commercial or industrial establishment or per dwelling unit as the case may be. • 4 . 1. 4 The provisions of sections 4 . 1. 2 and 4 . 1. 3 notwith- standing, in such cases where a greater minimum area is required by the regulations of the district in which the parcel is located, said district regulations shall apply . 4 . 1. 5 In the case of unusual soil conditions 'or other physical factors which may impair the health and safety of the neighborhood, upon the recommendation of the Virginia Department of Health, the commissicn may increase the area requirements for uses utilizing other than a public sewer system. 4 . 1. 6 For lots not served by a central sewer system, no building permit shall be issued for any building or structure , the use of which involves sewage disposal, without written approval from the local office of the Virginia Department of Health of the location and area for both original and future replacement septic dis- posal fields adequate to serve such u:.;e . (Added 6-3-81) 4 . 1. 7 In a cluster development , open space may be used for septic field location only after the septic field locations on such lot are determined to be inadequate by the local office of the Virginia Department of Health. (Addrd 6--3-81 . ) -24- (Supp. #3 , 6-3-81) ARTICLE BASiC REGULATIONS 4. 0 GENERA REGULATIONS Except as otherwise specifically provided, the following general regulations shall apply. 4 . 1 AREA AND HEALTH REGULATIONS RELATED TO UTILITIES (Amended 6-3-81) • The following regulations shall apply to all districts : 4 . 1 . 1 For a parcel served by both a central water supply and a central sewer system, the minimum area requirements of the district in which such parcel is located shall apply. 4 . 1 . 2 For a parcel served by either a central water supply or a central sewer system, there shall be provided a minimum area of forty thousand ( 40 , 000 ) square feet per commercial or industrial establishment or per dwelling unit as the case may be. 4 . 1. 3 For a parcel served by neither a central water supply no:: a central sewer system, there shall be provided a minimum of sixty thousand ( 60 ,000 ) square feet per commercial or industrial establishment or per dwelling unit .as the case may be. 4 . 1. 4 The provisions of sections 4 . 1 . 2 and 4 . 1 . 3 notwithstanding,- in such cases where a greater minimum area is required by7 the regulations of the district in which the parcel is located, said district regulations shall apply, 5 in the case of unusual soil conditions or other physical factors which may impair the health and safety of the neighborhood, upon the recommendation of the V__rginia Department of !iealth, the commission may increase he area requirements for uses utilizing other than a public sewez system. 4 . 1. 6 For lots not served by a central sewer system, no building -permit shall be issued for any building or structure, the use of which involves sewage disposal, without written approval from the local office of the Virginia Department of Health of the location and area for both original and future replacement septic disposal fields adequate to serve such use . For residential usage, at a minimum, each septic disposal field shall consist of suitable soils of adequate area to accommodate sewage disposal from a three ( 3 ) bedroom dwelling as determined by current regulations of the Virginia Department of Health. (Amended 11-15-89 ) 4 . 1 .% In a cluster development, open space may be used for septic field location only after the septic field locations on su . lot are determined to be inadequate by the local office of the Virginia Department of Health. (Added 6-3-81 ) -24- (Supp. 452 , 11-15-89 ) ti • COMMON WE A LT of VJRCifi\TIA LARD A. PRINDLE M.D. Thomas Jefferson Health District ALBEMARLE•-CHARLOTTESVILLE ECTUR HEALTH DEPARTMENT 1138 ROSE HILL DRIVE P.O. BOX 7546 ��..•' � 5CHARLOTTESVILLE 22906 C 4F4 I3041 290161 7 MEMORANDUM r' ' 2/ 15/., .°J3 T0 : Donald A. Gaston � OF � Senior Planner AtB�jA �.� lE •1vj FROM: Jack Collins - d 'Zr IOC DATE : February 1 , 1979 RE : Memo dated January 26 , 1979 NORTH PINES PRELIMINARY PLAT - Needs health dept . approval. NORTHWOOD NEIGHBORHOOD FINAL PLAT - Has health dept . approval. •ASHMERE FINAL PLAT - Has health dept . approval . PINE RUN FINAL PLAT - Needs health dept . approval. NETTIE JONES PRELIMINARY AND FINAL PLAT - Needs health dept . a,,pproval . HATTON CANOE LIVERY SITE PLAN - Has existing septic system. IGA CROZET ADDITION SITE PLAN - Will need health dept . approval. STEPHEN GELLETLY FINAL PLAT - lots A,B ,C - Will need health dept. approval. DALGLEISH/DRAKE FINAL PLAT - Needs health dept , approval. CLIFFORD NAPIER FINAL PLAT - Has health dept . approval . BOCOCK FINAL PLAT - Will need health dept . approval . WAVERTREE HALL FARM FINAL PLATS - Needs health dept . approval. Site Plans and Subdivisions : John Gibbs Final Plat - Will need health dept . approval . Northwest Limited Partnership Final Plat - Has public water & sewer . Jahrsdoerfer Final Plat - Needs health dept . approval . • SUBJECT: Local and Areawide Planning Requirements • TO: Applicants For VPDES and Virginia Pollution Abatement Permit Article 2 , G; . 1-44 . 15 : 3 of the State water Control Law states : "No application for a certificate to discharge sewage, industrial wastes and other wastes into or adjacent to state • waters shall be considered complete unless the applecant has provided the Executive Director with notification from the governing body of the county, city or town in which the discharge is to take place that the location and operation of the discharging facility is consistent with all ordinances adopted pursuant to Chapter 11 ( § 15 . 1-427 et seq. ) of Title 15 . 1 of the Code . " (These are -local zoning ordinances) In accordance with this section, new applications for Virginia Pollution Abatement Permits or VPDES permits will not be considered complete until the information below is submitted to the SWCB Regional Office . (County, City, or Town Administrator/Manager) To: • I am in the process of completing a SWCB application form for a certificate . In accordance with Chapter 11 ( § 15 . 1-427 et seq. ) of Title 15 . 1 of the Code , I request that you sign one of the two statements below certifying my application is consistent with your local ordinances . Please return this form to: (Applicant ' s address) Return to : • 1 . I hereby certify , ( 1) that the proposed location, and operation of the facility is consistent with all ordinances adopted pursuant to Chapter 11 ( § 15 . 1-427 et seq . ) of Title 15 . 1 of the Code or _ (2) That no local ordinances are in effect pursuant to Chapter 11 ( §15 . 1-427 et seq. ) of Title 15 . 1 of the Code. • Signature Title Print Name Date Rev. 7/1/88 a) In v a) Z H O .-i 4 14...1 I I I I 1 I N X y tx I I I I I I •c 00laO, l0 Cif) CO VI O 1-) 3 CT •t7 O. 14 rl 0 1.-4 ._4 O �' 4 .� t\ 0 +J N 0 �..1 v o -,-Ia Z a > N ca l:G U a) O H W 1 I I I I I CD E .0 ca • w C. 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C v ).1 ,.>i Z E < ,-1 Z 0) ,-1 3 a) a co0) 0. .-1.1 °I 1C `� ,C-I E .c 3 a `-' 0i Ia la U .° QO Cl) .--1� x co .-s .-. CO,CU E U W c0 E w p a Cl) Cu w cn v) U a Ca `tl .0 •U• H c � 00 00 H a) �, w cV r'1 s 'ti v 00 v v CL) ..0 N U H •., SEWER REGULATIONS o rr ry orNweo k \4%(61 n"(4 Drr;c4 Sewerci,P s a it treatment works subject to strong waste resulting from industrial operations. Roughing filter designs differ from other filters principally on the basis of volume of liquid handled. Since it is used to reduce loading rather than to provide a stabi- lized effluent, it is designed to receive greater organic loading than other filters. (' D. ;$4 BIOLOGICAL SAND FILTERS �esic-NYI `-'ri r A 1. 26.04.01 Applicability Intermittent biological sand filters should -be limited to schools, day camps and other installations that have part time usage designed for 20,000 gallons per day or less which will provide lengthy rest periods for the filters. i-liti-es Biological sand filters to serve year-round occupancy dwellings shall not exceed a design capacity of 1 ,000 gallons per day. 2. 26.04.02 General Biological sand filters shall not be used to treat raw wastewater. a. General Construction Sand filter beds shall consist of level areas of sand beneath which there are graded layers of gravel surrounding the underdrains. Each filter bed shall have an impervious bottom. The sewtge Sewage is discharged onto the beds through rotary distributors or 4trovghr pipes onto splash plates or, in the case of ee-vered- subsurface filters, through lines of drain tile laid with open joints. for open-sand. filters, the- Open sand beds shall be surrounded by a concrete, brick or cinder block wall extending above the sand and at least one foot above ground level . -i.R— g. elay —boam which might clog tha .sand.-bad, . t--prawmt encroachment of vegetation or 444ed4g. For covered sub- surface sand filters, the surrounding wall is not necessary except to prevent caving of the earth walls while the sand and gravel are being placed. The underdrainage system shall consist of open joint or perforated pipe •• fi. eperr joints, tied together into a manifold; and vented to the atmosphere_ err& connect Minimum size for the underdrain shall be 4 inches laid on a slope or not less than one percent. b. Materials Gravel and sand shall be clean and free of organic matter, clay or load soils and limestone material . 1. Sand The sand beds shall not be less than 30 inches in depth. Sand shall have an effective size of 0.30 rim to 0.50 mm and a uniformity coefficient of not more than 4.0. No more than two percent shall be finer than 0.177 mm (80 mesh sieve) and not more than one percent shall be finer than 0.149 mm. No more than - SEWERAGE REGULATIONS two percent shall be larger than 4.76 mm (4 mesh sieve). 2. Gravel Gravel for sand filters shall conform to .seelien 201 tuJ-Tablc II the latest edition of the Virginia Department of Transportation's Road & Bridge Specifications. The base gravel shall consist of No. 3 sized gravel with at least a 3-inch depth above the sloped underdrains. The middle layer shall consist of at least three inches of No. 68 gravel , and the top layer shall consist of at least three inches of No. 8 gravel . c. Application Dosing tanks with either siphons or pumps for sand filters shall have the capacities to effect the dosage volumes required. The siphons and the rotary distributor should be supplied by the same manufacturer. The influent line to the rotary distributor shall be equipped with a valved drain. 3. 2G.04.03 Design a. Sand Filters with Intermittent Flooding Sand filters designed for intermittent flooding should be divided into at least two beds for small filters and three beds for the larger filters. Distribution boxes 'SEWERAGE REGULATIONS must be provided for diverting the sewage onto the filter bed or beds desired, as it is often necessary to cut one filter bed out of operation for rest periods. Providing such rest periods will also prolong periods of trouble free use of the filter. When three filters are • employed, only two beds are normally used at any one time; the other bed being held out of operation for rest periods or maintenance, if required. In the design, the area of the filter beds is normally based upon a rate of application of 2.3 gallons per. square foot per day. On filters employing intermittent flooding, a sufficient amount of settled sewage should be run onto the bed at each discharge of the siphon to cover the sand to a depth of two inches. b. Sand Filters with Rotary Distributors A rotary distributor will effect the most even appliica- tion of settled sewage over a bed, thereby increasing the efficiency of the filter bed, making it possible to use a higher dosage rate or, for equal sewage flows, to safely reduce the area of sand bed required. The design of the area of the filter beds equipped with rotary distributors should be based on an application rate of 3.5 gallons per square foot per day. The amount of sewage applied to the sand filter at each discharge of the dosing siphon should be equal to a depth of 3/8 SEWERAGE REGULATION. 2611 inch to 3/4 inch over the entire sand bed area being dosed. The use of fixed spray nozzles in lieu of a rotary distributor is prohibited. c. Subsurface Sand Filters The rate of dosage shall not exceed 1.15 gallons per square foot per day. Settled sewage shall be applied to the filter through lines of drain tile laid with open joints with the tile placed in a 12-inch layer of No. 3 stone. The top of the filter may be finished with a 12-inch layer of stone. Where it is not feasible or desirable to finish the top of the subsurface filter with stone, a 3-inch layer of straw covered with a 4 to 8-inch layer of top soil may be used. Open joint underdrain tiles shall be sloped one inch per 10 feet and shall be installed in the base gravel and connected to the effluent pipe. The ends of the distribution lines should be tied together into a manifold and should be vented to the atmosphere. All open joints shall be covered with collars of asphalt paper or other suitable material . Distribution boxes must be provided for diverting sewage onto the filter beds through headers, with each header connecting to not more than four distribution lines, where multiple units are used. Each application must completely fill the tile lines in use. d. Recirculation Consideration should be given to providing recirculation for biological sand filters. E. ROTATING BIOLOGICAL CONTACTORS 1. Applicability The rotating biological contactor (RBC) treatment process may be used to accomplish carbonaceous and nitrogenous oxygen demand reductions. Expected performance of RBC equipment shall be based upon experience at similar full scale treat- ment works or through documented pilot testing with the particular wastewater. 2. General a. A minimum of two independent RBC units shall be provided for treatment works greater than 100,000 GPD. Provisions for positive and measurable flow control to individual units shall be provided. Piping shall permit each unit to be operated in the parallel or series flow mode. b. The design of the RBC shaft and media support structures shall assure protection from structural failure for the design life of the treatment works. 3. Design Considerations a. Loading Rates In determining design load rates, the following para- meters shall be considered: design flow rate and _ ._. .; ..._. ) t .. . ' . 1 . I • I... • . r I 1 t. • . I j :-. ___ , --- .• I _ 1_, • SEPTIC. TANK r1 -71 --z : : 1 0 I • — C • <..._ (-- .T., , - . . j 1 T1 CD 0 Cr' -° I (71 • -1-1 P.'. I DOSING TAN1:1< 0 z _r_ En . . AS NEEDED (D10 . 01 (---; C. ; :-.-s, (-2, 0 / 1 . . . i - IT1 DISTRIBUTION . ; . i , i N.) , • c i cc, 6, : -1==::: . ; (r, 0 . 71 BOX I 1 2 -7/ -0 . • --i l . • _. . : 04 — i - ' -T-1 (-): Q-1 ! • i '-' ; C 0 --H ' ( NM:. RMITTENT - > : I 1-,--- -,----L----.7 -----------—-- I SAND FILTERS Z li r-.) — I i il i ,, ..o 1 )--.. -- 1 I . ,. 0 '---) i . 1-. 1 . _ .. 1, i r•-) r-.; 1 r..• . — ! — 1 ct_ ____-- ;\.: . 0 1 r, ,-- 2_ DISINFECTION ! x )( • •;,. -,‹ ! / i r-;-: -.4 .___, A c._-1, NEEDED i r\.. • r,, ! 1--; — : 7- 1 r-r-• ____, -- - , C' --,1 • -'sj 1 -7-• ...---•• 71 1 . ----- 1 . ---i--‘ --) 1 i I I . I _ STREAM _ .--.. sA, . , I .....,pr 7 / ,1 S ~ z o STANDARD SEPTIC TANK ... PROVIDED WITH TWO O I CONCRETE LIDS AND I INLET AND OUTLET 1 KNOCKOUTS )_ —_ ___ J r i 6 -2" 3'- I' t r 1 ' • • A ff _s _ .a. _ y . m I , I I 2 1 1 N • v V Y PLAN w/ 24" x 24" ALUM. ACCESS HATCH g N _____r ...t I ,•..._, r i ' :I ---f. T O P S C.9 0 S't TO SAND cILTEFZ ti 3.. Pv� > i1( NI _,--) 1 j ill I Ti n::.. INV. OUT 46.40 3 " FVC DISCHARGE PIPE SECTION A-A • DOSING SIPHON NOT TO SCALE -3- TOP SOIL FILL DISTRIBUTION LATERALS ofixitix0E A /\\�� r• /--to > 6 IN. 'if.-- !it .: _11%,,i, > 6 IN. psi► 'o• �or,j:,,• .,. . r�}',•C r�rci f,1:'•;•-!. �.••4',u-.6,'C,;,i.v.�+..•f: ..,.% l � •.' �,S..e 'en •ovic„'.`'`, 24-301N. GRADED GRAVEL V:•r5r• 0;•i'.Wjl •tf4,'!kiboi'�r2n_Y'Si..• PEA GRAVEL A: ai, A'- > 8 IN. ":;;AL GRADED GRAVEL 1/4'T011/2 UNDERDRAIN FIGURE II . A-1 Section of a Buried Intermittent Sand Filter Profile 36" 1.4 18' ►4 18' ' GND. 1.8.0 1Z"' MAX. TOPSOIL FILL ` '�„ , , r 6EOTEXTILE SOIL FILTER 1 1 4- ADS PERFORATED TUBING, INLET 1 INV. 46.30 Fes— I2' NO. 4 STONE ____1— 30' SAND EFFECTIVE SIZE : 0.3 „,rn - O.Smm UNIFORMITY COEF: 4- 3. NO. 12 STONE { Ar--- -- 3" NO. 9 STONE „4.-, 6" NO. 4 STONE INV. 42.47 4 ADS PERFORATED TUBIM6 OUTLET SAND FILTER - TYPICAL SECTION h SCAI F : 1/ = 1' -14- Chapter Y Subsurface Sand Filters and Individual Home Aeration Treatment Systems A. Design Example of a Subsurface Sand Filter with Distribution Tile Lines - Example for Facilities Necessary for a Three-bedroom Home • 1 . Flow - 3 bedrooms - 2 people/bedroom 3 x 150 gal /day/bedroom = 450 gpd 2 . Septic Tank - to be sized by Health Department' s Sewage Handling and Disposal Regulations , 1982. 3 . Distribution Box - design sized by Sewage Handling and Disposal Regulations , 1982 . 4 . Sand Filter Area - 1 .15 gal per ft2/dayy 450 = 1 .15 = 391 ft Use dimensions 20' x 20' and use distribution drains -• 4 ' on centers 5 . Sand Filter Depth - 30" minimum Use sand specs. in Sewerage Regulations. 6. Other components of design are: a . Underdrains - 4" diameter b. Gravel support c . Vents , piping, earth d. Disinfection facilities , if necessary - see Sewerage Regulations for specific criteria . 7 . Size the components of the system according to the design flow. • t1 1111\ I M I r 4 PVC, _ . _ _ —) • I (7 — k4"ALUM. 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(q a O80• O ♦ VN - R or]' 1 3 1 protection and septic systems.111 Even Virginia's 1986 Joint Subcommittee Report stresses this a Health)Department is encouraged to developmaterials on the perspective stating"(T'h g maintenance and operation of septic tanks for homeowners. Particularly in view of the apparent increase in the numbers of inexperienced people purchasing property in unsewered areas. . . .The Department should look for effective methods of distribution(of this information)and should consider cooperation with realty companies."112 Alternative Technolo for On-Site Wastewater Treatment There are several alternatives to conventional septic system use for on-site wastewater treatment and disposal. Some of these systems are more effective in areas with high watertables or in areas with soils which do not allow the absorption of effluent quickly enough to prevent surface discharges. Two systems which have been widely studied and used are Wisconsin Mound systems and Low Pressure Distribution(LPD) systems. The Wisconsin Mound system is recommended for slowly permeable soils and permeable soils with high watertables.113 (To be effective, these systems must have a minimum of 24 inches of unsaturated soil beneath the mound.) Under these conditions,mound systems are more effective in removing pollutants than conventional gravity flow septic systems. For example, in a field study of 33 mound systems in Wisconsin,denitrification removed an average of 44 percent of the nitrate formed. Another advantage of the mound system is that it makes use of the upper natural soil layers under the mound where lateral movement of effluent improves biological treatment and permits uptake of nutrients and water by plants.114 The top foot of soil is where the most biological activity takes place and where most of the plant roots are concentrated. Traditional septic systems are installed 111 Dabagian,Lyn A.and David G.Roberts,c ��pr t�,,,,r� (:mundwa•P*Management ^d rotec►ion Mani 1, Sussex County Planning Department,January 1983;and others. 112Commonwealth of Virginia,Senate Document No.25,p. 10.nr`�licrnnsin Mounds,Small Scale Waste T1ec1Q❑an con�tt»c�ion Manuai_f 113University of Wisconsin,�— Management Project,University of Wisconsin 114Moellcr, William B.,pp. 97, 100. 32 below this level and lose the benefits of this soil layer. Low Pressure Distribution Systems,with shallow effluent distribution lines,have been used in soils which do not percolate well and in soils with seasonally fluctuating groundwater tables. In these conditions, LPD systems achieve uniform distribution of effluent and better maintain an unsaturated flow condition in absorption fields. These systems have shown some promise in studies by Virginia Polytechnic Institute and State University.115 With shallow placement of effluent distribution lines,these systems also make use of the biological activity and absorption by roots in the top foot of soil. Another method of treating wastewater is the use of recirculating sand filters to treat septic tank effluent prior to subsurface disposal. These filters are effective in removing solids,fecal coliform bacteria and other pathogens, soluble BOD, and nitrate (through denitrification).116 The effluent then discharged through the leaching field is much less likely to contribute to pollution of groundwater or surface waters. Composting toilets have also been suggested as alternative wastewater treatment facilities especially in areas with unsuitable soils. The problem with such systems is that an additional wastewater treatment system needs to be employed for the disposal of the gray water produced in a residence. Package treatment plants are another alternative to septic systems. The recent advances in technology have designed systems which discharge effluent that meets high water quality standards. These systems present three problems. The first problem is a logistical problem created by the requirement for a NPDES discharge permit from the Virginia Water Control Board. In addition to the permit requirement,the discharge will cause shellfish beds to be closed in areas where these systems are used. The third problem is one of maintenance. Package treatment plants have a poor history of proper maintenance. Robert Hicks is concerned about increased use of these systems because of the out of sight, out of mind phenomenon. With septic systems this lack 115Stewart,L.W. and R.B.Reneau Jr.,"Shallowly Placed,Low Pressure Distribution System to Treat Domestic Wastewater in Soils with Fluctuating High Water Tables,"Journal of Environmental Quality,Volume 17,Number 3,July-September 1988,p.499. 116Mocller,William B.,pp. 103-111. , g require much ry� r:" of maintenance creates problems and failing sy terns. Package treatment facilities more frequent maintenance,ll7 and failure leads tointo surface direct disposal of untreated sewage waters. Maint enance also presents problems for the composting toilets and the recirculating sand filters. In their 1986 report the Virginia Joint Subcommittee recommended the development and ized the problems of maintenance use of alternative sewage disposal systems. They also recogn systems: The Subcommittee and the requirement of NPDES permits for some of the alternative y st recommended the use of drain-fieldin use in Chesapeake and management contracts such as are , Virgin ia Beach.118 This approach could reduce maintenance problems of other systems as well. Maintenance contracts and frequent inspections by licensed personnel could be required by regu lations for any systems needing routine maintenance. In addition to maintenance problems, the use of alternative technology requires knowledgeable sanitarians and contractors. Researchers in North Carolina found that sanitarians,contractors, and homeowners need further education in late s stems and do not use them because of a lack of familiarity.119 This is probably the cas e alter Y in Virginia as well and if regulations are adopted which prevent the use of conventional septic systems in the Bay region, such regulations might be more easily accepted and enforced if they are accompanied with information on alternate technology which is more effective in coastal soils. ac com p onclu ions and Recomm ndations for Ba Area Re ulation e of se tic systems around the Bay creates surface water and groundwater pollution The us P problems. These problems are exacerbated by the placement of septic systems in moderate or high nd in man of the coastal soils which are not suitable for effective renovation of effluent. densities a Y hos horns, Thepollutants most frequently discharged are viral and bacterial pathogens, nitrate,p P P presentation to the Chesapeake Bay Local Assistance Board. 11'lHicks,Robert,December 14,1988,p 8, 10. 118Commonwealth of Virginia,Sand StDocumente innbeck.5'pp. 119Car1ile,B.L.,C.G.Cogger, , 3 4 aft.. N'. • chemical contaminants such as synthetic organic substances. The Virginia Department of ' Health regulations are inadequate for protecting public health and water quality. The Code of Virginia appears to enable local jurisdictions to,adopt more stringent local regulations for septic systems and other methods of on-site wastewater treatment. In addition, the Chesapeake Bay Preservation Act appears to permit the Local Assistance Department to recommend water quality standards for septic systems to the Department Inf Health and to require local governments in• Tidewater to adopt more stringent regulations i order to protect water quality. In light of this information,the following actions are recommended: • The Code of Virginia should be amended to specifically enable local jurisdictions to adopt septic system regulations which are more stringent than state regulation. •The regulations adopted by the Chesapeake Bay Local Assistance Board should require Tidewater Counties to provide and publicize a community disposal facility for pesticides,cleaning products, solvents, and chemicals. •The regulations adopted by the Chesapeake Bay Local Assistance Board should require the inspection and cleaning of septic tanks every 4-5 years. •The regulations adopted by the Chesapeake Bay Local Assistance Board should ban the-use of garbage disposals in coastal areas using septic systems or should require septic systems owners who use garbage disposals to have a larger tank and have it pumped and inspected annually or semi-annually. •Chesapeake Bay criteria should designate sandy soils as sensitive water quality areas and should require local regulations which prohibit the use of septic systems in sandy soils, those which percolate at a rate exceeding one inch in five minutes,unless it can be shown that layers of soils with slower percolation rates lie between the sandy soils and the seasonally high groundwater level. 35 p . Criteria should require the local adoption of stringent design standards for septic systems including regulations which require septic system effluent distribution lines to be installed in the e t:.• top three feet of soil. 4e5.'.. •Chesapeake Bay preservation regulations should require septic systems to have a minimum p horizontal setback of 150 to 300 feet from any i Surface-water body including streams and wetlands. Setbacks from drainage lines should be at least1175 to 100 feet. • Chesapeake Bay preservation regulations should be adopted which require two vertical feetof unsaturated flow between the bottom of effluent distribution lines and the seasonally high watertable. Regulations should prohibit the installation of conventional septic systems in soils where the seasonal watertable is within four feet of the ground's surface. •The use of water conserving devices on household plumbing should be encouraged in areas using septic systems. • •The sale and use of septic system additives and chemical plumbing cleaning substances should be banned in Tidewater areas. • Chesapeake Bay preservation criteria should require reserve septic fields for any lots with septic systems within 300 feet of a water body, stream,or wetland. •Chesapeake Bay preservation criteria should require local regulations which specify that septic systems in Tidewater areas be designed conservatively with large absorption fields. • Criteria should be adopted which prohibit the placement of septic system absorption fields off the lot they serve unless their density in the off-lot sites is less than the minimum lot density. •Criteria should require that septic systems have a maximum permitted density of one penacre d a preferred density of one per two acres with a setback of 250 feet between the edgesadjacent systems. • Env!•orrn.r&Protection t 984 • Norio/ Intermittent Sand Filtration .=.EPA An Emerging - Technology "Introduction - A goal of wastewater treatment processes is to produce an environmentally acceptable effluent at the lowest possible cost. The task of choosing a process wt lch fulfills this goal can be challenging • Intermittent when the volume of wastewater is small, For example, treatment of wastewater from a sparsely . Sand populated community at a central facility may be inappropriate due to4he high cost of construction, operation, and maintenance of long sewer lines. Filtrationnumerous manholes, and lift stations. Where only small wastewater volumes are generated, on-site treatment is a possible cost-effective solution. One • such system - capable of effective treatment of wastewater from residences and small commercial AProcess establishments at a reasonable.cost - is the. Intermittent Sand Filter (ISF). Assessment This brochure discusses the technology of the ISF • - system and addresses design, performance, operation and maintenance, and cost aspects of the process • • In an ISF system, the effluent from a septic tank or an aerobic unit receives additional treatment - , • .1through periodic application to a filter. ISFs can be �� used to upgrade existing wastewater facilities such � �, ,� ',qRl�•}... , :_,� +.,N as lagoons or replace failed soil absorption systems �'',t,•1: '+I Z `L SO,;e0f ; t _,' (SAS). The ISF system can also be a low cost S��y. . +.+g ;,. �t,;•5;.:�� • '� alternative when site, soil, or other conditions z 3"`•ti..^ '�:t ,y; , z.,'_ restrict the use of SASS. :Y.'•��• •. .ti .� ins P. �� ��yy �y��. .N:L.i.�.! ='tt ,.::: ' fp'.•!,[+t1 i;'f,iis ,-: ::::.;; 4 Technology '_..-4.1.0 ..:;•' ••• • '', 't.. +,� �s•`:%c:+� ',`� The ISF relies primarily on biological and physical t_��� ti�;��si :�: .� �`�.' �. ,r__:. . processes to remove was ewater contaminants. ,A5W„.—=`' -`� ?.f t, "4�•Z' �• �,. - 'i�'-"-'- The effluent thent ;.ti.t''}t•, ;Q��• . ,L �;�;.,� .�;.�, can bedischarged in an ,s 1.` '� C ., .� -+ '••.jq;.;z::t- ';�: environmentally sound manner. A simplified flow • 1 •'' =y" '—;..f. K e� •a 1, ;�*-: schematic of the ISF process is shown in Figure f. Aogot . . . • °•.• ::a::.3:, -°ai G'.i? •'b,:o •-{9 i1•q:Q; o•�•;:. a:` Ra. Swobc Tank or •<'O:•::o-b-•'..q.•r :.e.. .-'*y:.•:�:.'R::•::::*•:b• ` ;'- wasie...a�et•*- Aerobic Urrt •. 'r.Ei;i` (}sr. ...':b.�•. • ,'•. 7pFrt6�, -,C F.nw Mack' .... •• . . , • Cs • ---..1 arc ,Mt.. . •- . •`c% I , �' s,• � i:.,..t. ,'• ti QPx� �—a _ ' ar:3iy..'�;t•_�iw?fii�. +°•.; •:i,. .,y:�'..r- a k4,«r aspoaaJ' .. Figure 1 ISF Process Flow Schematic • (22 2/9/y6 {� K r cam- - A Process Assessment • Raw wastewater first receives preliminary treatment Recirculating: Recirculating filters are open filters in a septic tank or aerobic unit. The effluent is then that treat a mixture of the pretreatment unit effluent periodically applied to a bed of granular material and recycled litter effluent. This filter depends on • Curing its passage through the filter, the biological activity for treatment, as do buried or open wastewater is treated further by biological and filters. When the system is operating properly, physical processes. Sand is the common choice as odors from the recirculation tank and open filter are filter media because of its low cost and availability. usually not objectionable since septic tank effluent is mixed with aerobic effluent returning from the _;._L , y 1 filter. ,g a..w...by -►� r� i '',"� —__ Design F�...J. A. Buried ISF •,o,�= _ =�+ Treatment of domestic wastewater prior to filtration Fr ,..c,..,, is usually provided by a septic tank or aerobic unit., . 1 ,• Large wastewater volumes can be pretreated in I n•- lagoons. • ,ow.. V Fitter media particle sizes can strongly influence _ • • final effluent quality.•Media that is too coarse allows , B. Open ISF -- -- ...wr wastewater to pass rapidly through the filter which ) * �„ •resultS'in insufficient detention time for biological , �--- 'L -�` decomposition. Fine media limits the quantity of 1 ►� .......s, wastewater filtered and may cause premature 1 clogging. The most effective filter media particle • c--1"I : 01,�:,,,_„ size is different for each type of ISF. , C.'Recirculating ISF Each typeof ISF requires , a different method and Figure 2 Three Types of ISFs rate of wastewater application. Wastewater characteristics also influence the loading rate. In . general, the higher the organic strength of the . Three types of ISFs are illustrated in Figure 2 and waste, the lower will be the recommended loading described as follows: • rate. • Buried: Pretreated wastewater is distributed through t a network of pipes laid above the filter: Perforated Typically recommended filter media particle sizes piping beneath the filter collects and conveys the _and loading rates for the three different types of effluent for surface disposal. Buried ISMS are best ISFs are shown in Table 1. • suited for single-family residences and sinall commercial establishrnentg. . A fitter bed depth of 9 to 1 Z inches is sufficient to Open: Wastewater from•either aerobic treatment or treat most wastewaters. Additional depth of filter a septic tank is applied to the filter surface,by a media will not appreciably improve effluent quality; distribution pipe. A buried concrete-box structure is however, it is recommended that ISFs be supplied often used to contain the filter media and can be operated with or without a Cover depending.on the `'a•'•"'O'• W'•"a'•f p.n.cw Su., yprca on&Me wvwa a climate. When septic tank treatment precedes an ,u i,p• u,.a..n.'..•) )rfterw••,•w.•.a«) Wn.,.-N«ww<.,.O open ISF, two independent filters may be required u•a•1 !: .J <15 F lowed?w.v....w44 4o.allow for recovery periods. Open filters, Sometimes referred to as "free access" ISFs, Can .a. ors ,w 25 ,w•Lea ellkArrd owu.a. 7.a.., 5 I0 4..ret.c elk.. oval/run.un..,o.+, ,Napd,kiarger Wsistewater volumes than buried ISFs - ilawrtaik. ,i!•I b 3 n e w..c u..s....•, •ilnd can also be used as small community, duster, Ne nd-Corru erc fal systems.2 '.; s. '•. Table I Typical ISF Design Parameters • • ?tern Buried Open Recirculating Pretreatment . Septic Tank Inspect at I to 2 year Same Same intervals.pump solids a necessary(usually • • . once every 3 to 5 years) • Aerobic Unit Inspect at 4 to 6 month Same Same intervals.pump solids every 8 to 12 months Do.►rng Chamber Pimps and Controls Check every year Check every 3 months Check every 3 months Irmo(Sequence • Chock and adjust every Check and adjust every Check and adjust every 8 months 3 months 3 mvnrns Appurtenances Check every 6 months Check every 3 months Check every 3 months • Filter Media • Raking None To 3 inches deep when pending . To 3 Inches ceep when Occurs p0nding occurs Replacement None Replace top 1 10.4-of sand when Skim sand it heavy ponded more man tr deep, incrustations occur. add seohc tank fed filters are rested new sand when bed approximately 6 to 9 months depth falls below 24' • • while an alternate unit operates. aerobic unit led fillers can immediately be returned to service • j ceaaneous Weed as required,maintain • Weed-as required,maintain thstnbution device, protect fitter distribution device. protect against ice sheeting.check high filter against ice sheeting water alarm • Table 2 ISF Operation'and Maintenance Activities be performed by an informed homeowner. Service Costs of pti-0% electrical equipment. and pretreatment The expenses incurred in constructing ISFs are a units should. however, be performed by function of local labor and material costs and are experienced maintenance personnel. Communities greatly influenced by the land acquisition and filter may wish to consider establishing a community-run media costs. Approximate costs (1982 dollars) for or contract maintenance-program;thereby relieving construction of three types of ISFs are as follows: thefio(9eowner of direct-involvement in Buried: $2400 to $4500 • maintenance activities. Open: $3900 (average) Recirculating: $3500 (average) One of the most important O & M activities.for an ,(SF.system is the periodic pumping of solids that • These examples assume a four bedroom house aocumulate.in the pretreatment unit. Properly having a 1.000-gallon septic tank and a design flow scheduled, pumping reduces the possibility that of 600 gallons/clay. The costs include $300 to $600 materials such as Oils, grease. and scum will to reflect the costs of the septic tank. An aerobic overflow and clog the filter surface. This is • pretreatment unit will increase the system's cost by especially critical foi buried ISFs. since the'filter $600 to 53600. Annual 0 & M costs range from media is inaccessibie for maintenance. $30 if pretreatment is a septic tank to $500 if • = y pretreatment is an aerobic system r• equiring ,EPA An Emerging Technology pumping plus a recirculating pump and final disinfection. • Implementation Several factors should be assessed prior to the Intermittent construction of an ISF system. Local jurisdictions should be consulted to determine the acceptable ���� methods of effluent disposal. ISF effluent can be • discharged to surface waters, subsurface to ground •.• Filtration water, or to land. As with any wastewater treatment • system, it will be necessary to determine the need for Federal or State discharge permits for the specific application. . • Careful planning may allow-for the implementation' A Process of ISF systems in situations where lot size and topography may limit disposal by other processes. Assessment A lot of .25 acres is usually large enough for �•� s G ' ' 1 e 1 t installation of an ISF. Topography is rarely • restrictive for ISF construction, but wastewater may be conveyed to a nearby site where an ISF system can be installed. However, where the topography of . . • • individual lots is not amenable to standard - • construction of an ISF, special•designs•such•as .. -•- filter trenches often overcome the problem. • • ' _• • Prepared by Environmental Resources Management,Inc: A. .4 z N•►,�L .� l tiff . • •� For Small flow Information contact • -1 . a coordinators: l3 •y�� ••J ' •'l114 Small flow Coo ,. , w..:!;•`t ,,Z.'.:�:..'ram', r ,.. •'�f!`�`� EP West St. : •^ �.. t;••�.. y .i -. 1Z•;. • .ot wast Street.C C West St. N.4Clai Skeet9 :.�L'.•1•t•fr `= <`l •' •.t► :Ir'Sv.;�.`;: (513/6,M,.ON•sz5a •i ;4s':.•• }i.�'+, .'+'�4' .•tt S i.� 1- EPA • 263 20460 (5131Ragt 611 • • •. • ': , 40 w„y% �•.{`t••:4''i �r..'i'.*'... EPA Region 1 EPA Rn,su 6 tS v� .C, .- .. ,s(4• ti•r t., :'.:•.C1' k' b Jahn F IAA 022 Federal 8t#n9 ,• 1201/4�1')C . '•• .S1: ;3,'t• ,<�-,ii 3•.,' +•.•1. r. Q•.00'••.,. .O L:♦per EPA Region 7 •:o::c•:i1 :!• :.:,y;,.. __..h:' [:•p: . •• 26F dare 2 324 East 11h Skeet ,•.o..;p.•.::•••FilA,.b•;F:p•.'.DiP,e� 9." Q•Y; ¢:• Qi 2B Fede<r Ptaz. 1 1•••.•O•.;::QLd••••4: ••'•.z..ASA;.•.•";.'iSc' %.•• ...&..-.. .. ti..York,NY t 0278 K.naaa pN.MO 6.1 (X r ..:.;•..-' t7 �' • 3 EPA R.yton( :� ••k•'•--" .. .' •':- •EPA Region 1660 lir,oni'+Street .. a'�.< .�i:{p •.D-:• .4C•.. -� .A tih&Walnut Streets CO80203., :'A' •'� fcte..1`'`10.;,:b ',•Q�' ��.: t:5 ,, < pt<i,cecr.a.PA,9106 Dw,•.n 3't�a •�y'-f.��.=: tG" •� ' : .l•� �,•• EPA Region• �•��_jy,�. ;&,_��•[" i yip;...°� + ' w �l5s_ M^• b'P'.:' EPA Rect•onw6.'4 218 Fremont Strad 1n• J'�• w `i.' • ':X ;�'i":'r {��� cl 3e5 t&GA 3 Street.NE 94105 . :eI E- •:4;477 A � �.t :1,� i� p,.!; .n ,,.. �a3.�` • San Fnncso.U 3S !t•y .;i.. .z... S.T4 AMrutl GA 3o3oe ` ..d� a. . EPA Region 10 �< i i •`' EPA Region S 1200 art Avenue • .. ..• a.t.f'• • <.^•.-+. 230 Soup.50604n,.Street Seattle.WA 98101 .• .-_.. _ . U+r�.k 6060A ONSITE WASTEWATER TREATMENT INTERMITTENT SAND FILTERS I . Introduction A. In areas where site and soil conditions preclude the use of septic tank-soil absorption systems, alternative means of disposal are needed. Further treatment beyond that provided by the septic tank is an alternative that often is suggested. The objective of the improved treatment is either to enhance soil absorption, permitting subsurface disposal in areas where septic tank systems do not function well , or to allow discharge of the effluent directly into surface waters. B. Further treatment has not been shown to enhance soil infiltration rates except in granular soils (Laak, 1976; Univ. of Wis . , 1978). Therefore, the primary objective of improved effluent qualities is to allow surface water disposal . Surface discharging systems pose administrative problems for regulatory agencies because of the difficulties ensuring the required treatment levels are maintained. Because of this problem, systems which discharge treated wastewater . directly to surface waters generally are not permitted except for large institutions. C. Intermittent sand filters have been shown to Droduce a high quality effluent which approaches and can exceed tert ;ary levels consistently with a minimum of attention. They are also relatively inexpensive to construct and have low energy requirements. Because of these advantages, their use in onsite management districts, clusters and small communities will grow. II . Application A. Description 1 . Physical Description Intermittent sand filters are beds of granular materials , usually 24 to 36 in. deep and underlain with collection drains . Pretreated wastewater is intermittently applied to the surface to percolate through the bottom of the bed where it is collected by the underdrains for additional treatment or disposal . IJ -2- 2. Mechanisms of Treatment The treatment mechanisms are complex, involving physical , chemical and biological transformations. Straining and sedimen- tation of suspended solids occurs between the sand grains and chemical sorption on the grain surfaces plays a role in the removal of some materials. However, it is the biological transformations which occur within the filter that are the most . significant (Calaway, 1957). Therefore, aerobic conditions within the sand must be maintained. Intermittent application of the wastewater and venting of the underdrains helps to ensure this. Biomass, which develops during treatment, is retained within the filter due to the small media size and undergoes endogenous respiration. However, with time accumulations of biomass and other particulate matter can build to a point where a portion of the sand must be replaced. 3. Filter Designs , Three filter designs are currently in use for onsite treatment of wastewater. They are depicted in Figures II . A-1 to II . A-3. • Buried The surface of the filter is buried below grade. A network of distribution pipes placed in gravel over the surface of the sand is used to apply the wastewater. These are used most commonly for very small flows such as single homes,schools and restaurants. • Open The surface of the filter is left exposed or covered with removable covers. Troughs or pipes mot be placed on the surface to distribute the wastewater, but flooding of the surface from a single inlet is common . Open filters are used for large-flows generated from small communities or industries . ▪ Recirculating These are open filters using a somewhat coarser media than the other two. Wastewater is dosed from a recirculating tank which receives septic tank effluent and the returned filtrate . A recirculation ratio of 3:1 to 5:1 is maintained. A portion of the filtrate is diverted for further treatment or disposal during each dose or when the recirculation tank is full . Recirculating filters have been developed only recently and have not yet seen wide application. B. Effluent Quality Intermittent sand filters produce high quality effluents with respect to BON and suspended solids . Tables II . B-1 to II . B-3 present effluent qualities achieved by each design in treating household wastewaters . -3- • TOP SOIL FILL DISTRIBUTION LATERALS DRAINAGE A • w /IIIII -. iT-40. -�•.. ill( 410 1` :aEtr>;^1 �:9�.�<I :iS,•t..tJ'�1fi�.tii;lli�•i►0. 1 � R. 1( .V•u r.�i�i.1, ..tQP./1 lit I} Y• j?=t!. •`^, :t}' (• i . ;. +.Ay 2t?'•S c .,d.'n; , , ',..• 1 . 1,.:.Utit »:•; 24-34IN. GRADED GRAVEL 1r�•ete...?.tr' j4-.T'i '•MEVi � 0 si�;.7'a(: 1/4' TO 21/2^ a;,q, .tri:!-.c `'��;C'..ev o.��•uJ:i'"t1:;E•:��'ti;'pf �ti ' • • + ti ti.!i"? 1: '••5;1r,:3`�'1+:.:;�•�.s�k.Sl4?;,::;�:��:......s,`!�`,`-�ati;,,�c.,.:r. :.2.,.,r'•r•eeR•.:: 3 IN. PEA GRAVEL :ti ': ::. 8 IN. GRADED GRAVEL • 1/4'TO11/2' UNDERDRAIN FIGURE II . A-1 Section of a Buried Intermittent Sand Filter Profile • • INSULATED COVER z (IF REQUIRED) DISTRIBUSTION PIPE � L i7. , SPLASH 'VENT J — PLATE ` "�~' PIPE — ee :L�L.[J`t^•4+•9t,:I'L:�`•1°q5••i";'% i 1 t it •y:'', a('r �7.1;;;.,;\f-?^�\.�.� ', '�~C1.'iN+ft••'f i/OA?'.•'• •1•ia e:r,.:1, tii\s11..;•.-c.:I,.^1^.."....L"' 'P•lio .!ir d:' r S.. I.\ C,,Al,h•J t?:. .• •'1 "'.ii•r 01�,v••,. ':Ot+)i :,,; �,�,^�'4�r`rf:�yl.1i •��;•b t•~. �•L*•�A1•`� .i Sc'?I ^d +�e•t`,•., eft,, J,.'t \) ;Ca 2 4•-3 6• • • , •. , -, \ •.4`P�.2y Jr 1i : C ,' q ❑'•':.ti" '�. • 1: `)1'.t !' . .t,• ''1i�l`' C• 4 ;i. D.V',i.,4, ?• •l -:o�¢dl�t\,., .f, a,t 0,s. PEA GRAVEL (11 il Y i • . : . DISCHARGE .'" ' 4 15';2;:ti -jtR • •• . ' n >10' i---- ..ro ZCONCRETESLABGRADED GRAVEL COLLEC TION PIPE PERFORATED OR OPEN JOINT 1/4 TO 11/2" FIGURE II . A-2 Section of an Open Intermittent Sand Filter . -4- • RAW WASTE �- J_ PRETREATMENT ';r..t' '�' UNIT t•� "ti 1'tt� . " i' j SEPTIC 1. TANK DIVERSION , ' ; EFFLUENT FILT ATE VALVE lf , vt, 44 • FREE ACCESS QSAND FILTER DISC ARCM RECIRCULATION • TANK SUMP PUMP FIGURE II . A-3 Recirculating Sand Filter 1 . BODS and SS Concentrations of BOD5 and suspended solids in effluents from each filter design are consistently below. 20 mg/1 and frequently below 10 mg/1 (Brandes et.al , 1975 ; Saivato, 1955) . Recirculating filters have demonstrated that concentrations below 5 mg/1 can be achieved routinely (Hines and Favreau, 1974). 2. Nitrogen Under normal operating conditions , nearly complete nitrifi- cation is achieved through the filters. Rates of nitrification may decrease in winter months or when the filter surface remains ponded between doses (Univ. of Wis, 1978) . Little or no denitrification will occur in properly operating filters. 3. Phosphorus Total and ortho-phosphate concentrations can be reduced up to 50 percent in clean sand but sorption capacities of sand are low and the sorption sites are quickly covered by biological films. Intermixing materials containing calcium, aluminum or iron within the sand can result in significant phosphorus removal . Intermixing "red mud" , a bauxite processing waste containing calcium, aluminum and iron oxides , with the sand can reduce effluent phosphorus concentrations by 70 to 90 percent (Chowdhry, 1977; Brandes et. al , 1974), but they must be replaced when their capacity is reached. -5- • a) U c a) Ln LC) LI) In U) N 01 .-. - N N N N N N O a) Cn . 4- 0' a) r Cr • Q C1 Li) Z t- U) M I-- OD N n L!) O cn N N N N .-4 M •--L V1 Z E • = U • •r 4-) • 4) N C .r • .-4Ir.. N- CDt— a1 S_ 1 C.z C M CO U = E O M M Cy) LO .-i CD 4_ R7 . ill L r0 Y .0 • C U tt Ol re) 01 Ol O I—ro +4 (,)IC.. 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N 0) N ,D I•') 0) .0 > N ca d CDO• A U -8- 4. Fecal Coliforms Two to four log reductions in total and fecal coliforms by buried and open sand filters have been reported (Univ. of Wis. , 1978; Salvato, 1955; Chowdhry, 1977). Effluent counts range from 1 ,000 to 100,000/100 ml and 100 to 3,000/100 ml ' for total and fecal coliforms respectively. Data for recirculating filters are not available. C. Pretreatment Required Performance and operation of intermittent sand filters is affected directly by the applied wastewater quality (Clark and Gage, 1909; Univ. of Wis. , 1978). Proper operation of the filters requires maintaining an adequate balance between the oxygen supply and organic loading within the filter. Pretreatment by septic tanks to remove settleable solids is sufficient and is most common, but aerobic pretreatment permits higher hydraulic loading rates and reduced maintenance frequency of the sand surface. D. Use Intermittent sand filters are well-adapted for onsite treatment of wastewater because of their ability to produce high quality effluents consistently with little routine maintenance. They are simple to operate and are low in cost. They are applicable for single homes or ' small communities. Disinfection of the effluents is often required. The use of intermittent sand filters is restricted largely by availability of an acceptable site for discharge of the effluent. Odors from open filters treating septic tank effluent may be a problem and therefore isolation from nearby dwellings is advisable . In climates with severe winters, open and recirculating filters should be covered to protect against frost. Buried filters should be located in areas with good surface drainage. III . Design A. Factors Affecting Performance 1 . Media • Size and distribution The characteristics of the. sand media used are very important in filter design because of their direct effect on effluent quality, hydraulic loading rate and frequency of maintenance. The characteristics primarily used to describe the media are its effective size, or the grain diameter in mm of which 10 percent of the grains by weight are smaller, and its uniformity coefficient, or the ratio of the diameter of the 60 percent size to the 10 percent API -9- size. Media with too coarse an effective size allow the wastewater to pass through the filter too quickly to provide adequate -j, biological treatment. Media which are too fine reduce the hydraulic loading and filter runs. Media with high uniformity coefficients also reduce the hydraulic loading rate and lower the treatment efficiency. Recommended media for intermittent sand filters are those having effective sizes in the range of 0.25 to 1 .5 mm and uniformity coefficients less than 3.5 to 4.0 (U.S. PHS, 1967; ASCE, 1937; WPCF, 1967; Savato, 1955). • Composition The media selected should be a clean durable material that is not soluble in water. Total organic content should be less than 1 percent and the total acid soluble matter should not exceed 3 percent (U.S. EPA, 1980). Media'other than silica sand that have been used for filtration include anthracite, garnet, ilmenite , activated carbon and mineral tailings. Any clay, silt, limestone or organic material may increase the initial adsorption capacity ;;: for various cations, but may lead to serious filter clogging. • Depth Intermittent sand filter media is typically 24 to 36 in. in depth. Deeper beds tend to produce a more constant effluent quality and are not as affected by rainfall or snow melt (Brandes, 1970), but they create greater losses in head. Most treatment occurs in the top 9 to 12 in. of sand. Additional bed depths do not improve the treatment significantly (Clark and Gage, 1909). To facilitate maintenance, deeper beds may be desirable so that sand which is removed need not be replaced until a minimum depth of 2 ft. is reached. 2. Wastewater Application • Hydraulic loading rate Hydraulic loading rates vary with the characteristics of the media and the wastewater. They typically range from 0. 75 to 12 gpd/ft2 . Higher rates generally reduce the effluent quality and increase the frequency of maintenance. • Organic loading rate Organic loading rates usually are not specified for intermittent a ,;. = filters. However, the organic content in the applied wastewater : `°' , :- does affect filter performance (Clark and Gage, 1909; Univ. of Wis . , 1978) . To account for this, hydraulic loading rates are given for a particular type of wastewater. Increasing degrees of treatment increases the allowable loading rates. -10- • Methods The way in which the wastewater is applied to the filter is critical to its performance. Uniform application over the filter surface is necessary to prevent short circuiting and localized overloading. Also, sufficient time between doses is necessary to provide adequate aeration of the media. Methods commonly used are troughs, distribution pipe, ridge and furrow, spray distribution and surface flooding. In each case, the wastewater is applied in discrete doses one or more times daily. Buried filters typically use distribution pipe. • Dosing frequency The dosing frequency is related to the media size and wastewater. strength. Smaller, more frequent doses are desirable for coarse media to insure adequate residence time in the sand. Stronger wastes require more frequent dosing to ventilate the filter but not so frequent that the time between doses does not allow the sand to drain (Hills and Krone, 1971 ). Typical dosing frequencies range from 1 or 2 times up to 50 times daily. B. Design Criteria 1 . ;Buried Filters! Because these filters are buried severely limiting access to the sand surface for cleaning, the filters must be designed and operated such that clogging will not occur throughout their design life. A summary of the design criteria used is given in Table III . B-1 . • Media The media must not be so fine that it is susceptible to clogging nor should it be so coarse that poor treatment is provided. Typically, the effective size of the media ranges from 0.25 to lmm but 0.25 to 0.6mm is preferred (USPHS, 1967; Salvato, 1955) . A uniformity coefficent of less than 4.0, and preferably less than 3.5 is recommended. • Hydraulic loading rate The hydraulic loading rate should be no greater than the loading rate used in soil absorption systems constructed in sands if clogging is to be prevented. Recommended loading rates are generally 1 gpd/ft or less for filters in continuous operation while alternating filters or filters used only on a seasonal basis may be loaded at rates up to 2 gpd/ft2. -11- • Distribution Distribution is provided by 4 in. perforated pipe laid level over the sand surface spaced every 3 ft. They are surrounded by 8 in. of clean 3/4 to 2 1/2 in. gravel or stone. ,Dosing I siphons-or-pumps lare .used to apply the wastewater toy,the filter lop�t at least'"twice• daily and-preferably more' frequently. . 2. Open Filters . Open filters are designed similarly to buried filters but operation may differ because access to the sand surface allows easy maintenance. A summary of the design criteria used is given in Table III. B-2. • Media Somewhat larger media may be used in open filters because distribution over the sand surface can be controlled to ensure uniform application (GLUMR, 1960). Recommended effective size ranges from 0.35 to 1 .00mm with a uniformity coefficient of no more than 4.0. • Hydraulic loading rate Higher loading rates can be tolerated by open filters since access to the surface allows removal of the clogging mat periodi- cally. The rate used is determined by the size of the media , quality of the applied wastewater, desired level of treatment and desired frequency of maintenance (Univ. of Wis, 1978) . Typical loading rates range from 5 to 10 gpd/ft2. • Distribution The wastewater may be applied by troughs , pipes, central inlet, rotory distributors, spray nozzels, etc. During winter, flooding into furrows dug into the sand is used to prevent icing problems . The wastewater should be dosed onto the filter at least twice daily. Each dose should flood the surface to a depth of about 2 in. • Number In most applications , standby units should be constructed to allow continued operation while a clogged filter is being main- tained. Because of the nature of the clogging mat, standby units are not necessary for filters receiving aerobically treated wastewater because the clogging mat does not extend deeply into the sand and can be quickly removed (Univ. of Wis . , 1978). For larger installations, they are recommended, however. -12- ,J TABLE III . B-1 Design Criteria for Buried Intermittent Filters (II.S.EPA, 1980) Item Design Criteria Pretreatment Minimum level - sedimentation (septic tank or equivalent) Hydraulic Loading All year <1.0 gpd/ft2 Seasonal <2.0 gpd/f t2 Media Material Washed durable granular material (less than 1 percent organic matter by;weight) Effective size 0.50 to 1.00 mm Unif. Coeff. <4.0 ( <3.5 preferable) Depth 24 to 36 inches Underdrains Material Open joint or perforated pipe Slope 0.5 to 1.0 percent Bedding Washed durable gravel or crushed stone (1/4 to 1-1/2 i n. ) Venting Upstream end Di stri buti on Material Open joint or perforated pipe Bedding Washed durable gravel or stone (3/4 to 2-1/2 i n. ) Venting Downstream end Dosing Flood filter; frequency greater than 2 per day -15- TABLE III . B-3 Design Criteria for Recirculating Intermittent Filters (U.S.EPA, 1980) Item Desi gn Cri teria Pretreatment Minimum level - sedimentation (septic tank or equivalent) Hydraulic Loading 3.0 to 5.0;gpd/ft2 (forward flow) Media Material Washed durable granular material (less than 1 percent organic matter by weight) Effective size 0.3 to 1.5 mm Unif. Coeff. <4.0 ( <3.5 preferable) Depth 24 to 36 inches Underdrains Material Open joint or perforated pipe Slope 0.5 to 1.0 percent Bedding Washed durable gravel or crushed stone (1/4 to 1-1/2 in. ) Venting Upstream end Distribution Troughs on surface; splash plates at center or corners; sprinkler distribution Recirculation Ratio 3:1 to 5: 1 (5: 1 preferable ) . Dosing Flood filter to approx. 2 inches; pump 5 to 10 min per 30 min; empty recirculation tank i n less than 20 ruin Recirculation Tank Volume equivalent to at least one day 's raw wastewater flow -16- DISCHARGE 11 FILTER '- OVEABLE GAT RETURN - • • TO FILTER TO RECIRCULATION { ------ TANKQ '-'--- FILTER Q------ b RETURN DISCHARGE -_---_ SLIDING WEIR GATE FIGURE III . B-1 By-Pass Alternatives for Recirculating Intermittent Filters -17- B. Underdrains • Underdrains are typically 4-in. perforated pipe set within a minimum of 10 in. of washed, graded gravel or stone 1/4 to 1 1/2 in. in diameter. The floor of the filter is often sloped toward the pipe which is laid on the floor before being covered with the rock. The pipe is sloped toward the outlet at a 0.5 to 1 percent grade. The upstream end of the drain is vented to the atmosphere. C. Media The media must be carefully placed in the filter to prevent stratification of the material . It should be homogeneous throughout its depth. To prevent the media from piping into the gravel below, two to three inches of 1/4 to 3/8 in. gravel may be placed on top of the gravel before adding the media. D. Distribution • Distribution may be provided by any of several methods as described earlier. Buried filters require that perforated pipe be used. They are usually spaced 3 ft. apart and surrounded by 10 to 12 in. of 3/4 to 2 1/2 in. • gravel or crushed rock. A barrier material is placed over the rock before backfilling the excavation. The buried lines are vented to the atmosphere at their terminal ends. Open and recirculating filter surfaces must be . protected from erosion by the applied wastewater. Splash plates or similar devices may be necessary. V. Maintenance All filters must be checked periodically to see that the dosing equipment is operating properly. Open and recirculating filters, however, must be checked regularly, at least every 3 to 4 months . Any vegetation found growing on the surface should be removed. At the higher loading rates , clogging of the filter surface will occur, slowing infiltration. If the surface remains ponded between doses, insufficient aeration of the media will occur, lowering the effluent quality. If the filter surface remains ponded between doses, the filter should be taken out of service for rejuvenation. Resting, raking of the surface and sand replacement are common rejuvena- tion techniques (EPA, 1980) . Raking may be sufficient to break up the clogged surface to allow continued loading, but raking combined with 3 or 4 months resting seems to prolong filter runs (Univ. of Wis . , 1978). Eventually, however, removal of some of the sand becomes necessary. VI . Questions 1 . What are the relationships between media size, hydraulic and organic loading rates and dosing frequencies? 2. If the treatment mechanism is primarily biochemical , could intermittent sand filters be designed as trickling filters? What other considerations must be included? -18- 3. What are the advantages and disadvantages of each type of sand filter? What factors would influence your choice of one over another? 4. What functions do raking and resting perform in filter rejuvenation? VII . References American Society of Civil Engineers. 1937. Filtering materials for sewage treatment plants. In: Manual of Engineering Practice, No. 13. New York. Brandes, M. 1970. Effect of precipitation and evapotranspiration on filtering efficiency of wastewater disposal systems. Ontario Ministry of the Environment. Publication No. W.70. Toronto. Brandes, M. , N.A. Chowdhry and W.W. Cheng. 1975. Experimental study on removal of pollutants from domestic sewage by underdrained soil filters. Proceedings of the National Home Sewage Disposal Symposium. American Society/of Agricultural Engineers. . Pub. Proc. 175. St. Joseph, Michigan. Calaway, W.T. 1957. Intermittent sand filters and their biology., Sewage and Industrial Wastes •Journal , 29:1 . V Chowdhry, N.A. 1977. Septic tank sand filter system for treatment of domestic sewage. Ontario Ministry of the Environment. Publication No. W64. Toronto. Clark, H.W. and J. Gage. 1909. A review of twenty-one years' experiments upon the purification of sewage at the Lawrence Experimental Station. Fortieth annual report. State Board of • Health of Massachusetts. Public Document No. 34. Great Lakes-Upper Mississippi River Board of State Sanitary Engineers (GLUMR). 1960. Recommended standard for sewage works. Health Education Office. Albany, N.Y. Hills, D.J. and R.B. Krone. 1971 Hydraulically ventilated underground filter. Journal of the Sanitary Engineering Division, ASCE. 97:851 . Hines , J. and R.E. Favreau. 1974. Recirculating sand filter: An alternative to traditional sewage absorption s /stems. Proceedings of the National Home Sewage Disposal Symposium. American Society of Agricultural Engineers. Publication No. Proc. 175. St. Joseph, Michigan. Laak, R. 1976. Pollutant loads from plumbing fixtures and pretreatment to control soil clogging. Journal of Environmental Health, 39:1 . Salvato, J.A. , Jr. 1955. Experience with subsurface sand silters . Sewage and Industrial Wastes, 27:909. U.S. Environmental Protection Agency. 1980. Onsite wastewater treatment and disposal systems. Design manual . Technology Transfer. Cincinnati , Ohio. U.S. Public Health Service. 1967. Manual of septic tank practice. PHS Publication No. 526. Washington, D.C. University of Wisconsin. 1978. Management of small waste flows. EPA- 600/2-78-173. Municipal Environmental Research Laboratory, U.S. EPA. Cincinnati , Ohio. Water Pollution Control Federation. 1967. Sewage treatment plant design. Manual of Practice. No. 8. Washington, D.C. -19- VIM . Problem A. Situation The wastewater from a small rural community presently receives only primary treatment prior to discharge into a small stream. Because the stream flows into a large reservoir used for recreation and a water supply for a large metropolitan area, the effluent • standard of the stream is 10 mg/L for both BOD5 and suspended solids. Therefore, it is necessary for the community to upgrade its ' treatment plant. Several alternatives have been investigated. Conventional secondary treatment followed by sand filtration were considered too complex and costly to operate. Insufficient land area exists for stabilization ponds followed by intermittent filters . Land application is being investigated, but a suitable site has not been found. Recirculating sand filters are very attractive because of their simplicity, low cost and consistent effluent quality with a minimum of attention. Present flows at the plant range from 8000 gpd to 10,000 gpd. Little growth has occurred over the past 20 years because the area is economically depressed. However, the community is in the center of a popular recreational area so the plant must be designed with some flexibility. 1 . Calculate the total surface area necessary to provide treatment of the primary waste for a minimum of 10,000 qpd. How would you lay out the filters? 2. Size the recirculation tank needed. What capacity pump is needed? 3. How would you provide for additiolal growth? -20- • B. Solution 1 . Filter Area Required • Size the filters using 3 gpd/ft2 for present flows • Provide one standby unit to allow periodic rejuvenation of other units • Total Area _ 10,000 gpd = 3333 ft => 3500 ft2 Required 3 gpd/ft' Use 4 cells each containing 3500 ft2 = 875 ft2 4 , A fifth cell will be provided for a standby unit. Common wall construction will be used. Each cell will be 22 ft x 40 ft. 2. Recirculation Tank Volume • Recirculation ratios will be 5 to 1 for average flows, 1 to 1 for peak flows • Pumping cycle will be 20 min every 3 hrs • Assume peak flows to be 200% of average flows Average hourly flow = 10,000 gpd = 417 gph => 420 gph 24 hr/d Peak hourly flow = 2 x 420 gph = 840 gph Peak hour tank volume = inflow/3 hr + recycle = 3 hr x 840 gph + 3 x 840 ga 1 = 5040 gal => 5000 gal Average hour tank volume = inflow/3 hr + recycle = 3 hr x 420 gph + 5 x 420 gal 3360 gal => use 5000 gal If substantial growth is a real possibility, the size of the tank should be increased to handle additional filter units. Pump capacity = 5000 gal = 250 gpm 20 min 1 -21- • 3. Additional Growth The 5 units provide some flexibility in treatment. The loading rate onto the filters can be increased from 3 gpd/ft2 assuming the effluent quality does not deteriorate. If the loading rate can be increased to 5 gpd/ft2, the facility can treat 5 gpd/ft2 x 3500 ft = 17,500 gpd or a 75% increase over present flows. Peak flows of 5 gpd/ft x 5 x 875 ft2 = 21 ,875 gpd can be handled for short periods. If the effluent quality cannot be maintained at the higher rates, an additional filter unit can be constructed. • c.,247 iy, _ - i gs- _->___ . 1< cr' p) I 9Y. -� Ai.; //. ... ',, , 4~To12-NL�.YEAOF SOIL �r or s hJ I l J0 4" DRAM T1 LE.(1 70 MIN. SWPE-TOWARb CNLDR]NA i !jii .12" —414 STONE e a is ....:0`'41:1 ;'i ;';r•,% i:e .• .Z1 „i•... • • • es • ,• •• • . 71-1_ .SAND SHALL RAVE AN E�FETIvE SIY_E • • of o. 30 MM To 0. So MM AND A WWI F 1 ' ' CoE1`FI L �I .IT 01` NoT MoP,E -11a1.14.0. tloZ • MO E TITAN 2.0 • SHALL BE FI►,1E_P___TNfaN • . O. I'17 MM Coo MESH S1E_vE)AND NOT MoP__E_ ` THAN 1 .0 % 5 NA L L BE... FINER TRA kl 0. 14-9 Mt . ` (100 1`11ESN SIEVE. NOT MODE MAN 2.0% • • , i. . :. ' • SHALL B1- LA-P1'.,ER T1-I401 4.76 1"t-1 (4 ME- I' 0 4i— 3 '' .1-' STo► 1E. ellar ,-.A-.' ,�..N. S. . „ _ ' p S T S U E • .I 9 or ....I '- ( "+ 4' ',To 1�1 E. -. . "' D�4ir� T1LF.4.17o MIN. SLOPE TOW ARC, ``��, / c.v.;Lo RI N ATo R.) SAID D F. I LT ER SECTION Commonwealth of Virginia State Board of Health Sewage Handling & Disposal Regulations .....,-,, 7' dry' g Apy . . 10 till F1'W �. � v `iftir21 '11 A,+v 414Lb to ;y Virginia Department of Health 109 Governor Street Richmond,Virginia 23219 May 1989 �rtiar•� �� ‘,; peed Q VPDC 5 pe rm ' sc. y 'n 5y sle-Tr) • a ds5 c II s stem. §4.29)is necessary,the system shall be considered a Typ Y tank Type II. A Type II sewage disposal system is a sewage disposal system incorporating a septic . B. and subsurface soil absorption system whichumNng,enhancees a d now distribution (See § � l or other establishment, dwelling unit,or wherepumping,A) or than pressurea agle distribution 4.29) is necessary. The procedure for obtaining a permit A) low distribution (See § includes the following steps: 1. the submission of an application; 2. a preliminary conference as necessary; and specifications, design criteria, and other data, as may required3 be the submissionofthe eof informal Depending on the size and coma lexity by t the district or local health department. system,the submission of formal plans and specifications may�rc quired. stem is a sewage disposal system other than a septic III. A Type III sewage disposal system privy. The procedure for obtaining a permit under tankC. Typesystem or a p vy subsurface soil absorption s this subsection includes the following steps: 1. the submission of an application; 2. a preliminary conference;and data 3. the submission of formal plans, specifications of and design criteriaal facilitiesO Other sup plansrt a d speci- ficationsa reon h a case by case basis.taIn the case fiance with §32.1me accumu- lated the shall include sufficient land area for disposal of comp production volume year longoperating period. Forpurposelocalgovernment Cod ofVga pe artment following satisfactory completion of steps 1 and 2 listed above. Code of Virginia, as aacnded, relating to land disposal of stabilize septage, will be notified by the P to initiate D Type IV-Privies. The submission of an application is all that is normally necessary the procedure for obtaining a permit under this section. E. Application applications for any type sewage disposal system except a special facility ac district for or handling g and h 1. All application form provided by h disposal n septagedapproved shall be nthe deade partment. A copy of a model form can be found in Appendix department and by P B. lication for special facilities for handling and di sposaaa of septage ge shall be in letter form to the department requesting permission to establish a p g e department lity. Preliminary conference. A preliminary conference with th district tor local septagelthdisposalrtmt is F. P Type III systems. When a TypeY and/or his planned, be held for Type II and uch conference he owner planned, the conference shall be with the department. At roblems and thetp�posed solution in agent shall be prepared to set forth the sewageP • such a manner to support his conclusions and recommendations. 13 STAFF PERSON: Amelia M. Patterson PUBLIC HEARING: March 13 , 1990 STAFF REPORT - VA-90-17 OWNER/APPLICANT: George Graham TAX MAP/PARCEL: 93/122 and 125 (Lots #15 and 18) ZONING: RA, Rural Areas ACREAGE: #15 = 6. 22 acres, #18 = 3 . 5 acres LOCATION: In Ashmere Subdivision on the west side of Ashmere Drive, off the west side of Route 729, approximately 3/4 mile north of Route 53 . REQUEST: The applicant requests relief from Section 4 . 1. 6 of the Albemarle County Zoning Ordinance, which states: "4 . 1. 6 For lots not served by a central sewer system, no building permit shall be issued for any building or structure, the use of which involves sewage disposal, without written approval from the local office of the Virginia Department of Health of the location and area for both original and future replacement septic disposal fields adequate to serve such use. For residential usage, at a minimum, each septic disposal field shall consist of suitable soils of adequate area to accommodate sewage disposal from a three (3) bedroom dwelling as determined by current regulations of the Virginia Department of Health. (Amended 11-15-89) " This variance is to permit individual sewage treatment with above-ground discharge, in lieu of a septic drainfield with underground discharge and reserve field area. The treatment systems are proposed for two separate lots for construction of a single family dwelling on each. Approval of such a system will require State Water Control Board approval. The system involves a sand filter, a chlorination unit, a dechlorination unit, and discharge into a drainage ditch. One lot is proposed for the applicant's residence, and the second will be sold. RELEVANT HISTORY: Ashmere Lots #6 - 21 Final Plat was approved by the Planning Commission on February 20, 1979 . The plat was signed by staff on May 18, 1979 . A memo dated February 1, 1979 from the Health Department states that the plat had received Health Department approval. Page 2 Staff Report VA-90-17 George Graham RECOMMENDATION: At this time, staff has not received information requested as necessary to this review. This information would include comment from the Health Department and/or State Water Control Board to: 1. Substantiate the need for an unconventional method of sewage disposal, in lieu of the standard drainfield; 2 . Explain the function and long-term viability/maintenance of such a system. For example, how would maintenance or system failure be handled? and; 3 . Who would be responsible for monitoring the quality of the discharge? How often would it be monitored? 4 . Grant preliminary approval of the feasibility of such a system on these sites. Planning staff has generally cautioned against such unconventional systems. They would recommend that unique findings be made if approval is granted such that precedent is not set. Please note that this subdivision was approved prior to the current Zoning Ordinance, and was therefore not subject to the requirement for a full reserve drainfield. It is not clear however, what soil study was performed prior to subdivision approval, to determine septic field suitability. The applicant owns 14 vacant lots in this subdivision. Staff recommends combination of several of these lots, to avoid multiple sewage treatment systems. Many of these lots are assessed significantly lower than others. Staff recommends deferral to allow additional time for submittal and review of relevant information. Review of such a system should be thorough and comprehensive. If the Board of Zoning Appeals should find cause for approval, staff recommends the following conditions: 1. Approval shall be limited to one single-family residence on each lot; 2 . Responsibility for long term maintenance and periodic monitoring shall be established for current and future owners; 3 . Health Department approval; and 4 . State Water Control Board approval.