Loading...
HomeMy WebLinkAboutACSA199200004 Review Comments 1992-03-05 'F ` M1;\ RECEIVED F1 MAR 6 1992 PLANNING DEPT. COMMONWEALTH of VIRGINIA IN COOPERATION WITH THE Thomas Jefferson Health District ALBEMARLE—CHARLOTTESVILLE STATE DEPARTMENT OF HEALTH FLUVANNA COUNTY(PALMYRA) 1138 Rose Hill Drive GREENE COUNTY(STANARDSVILLE) LOUISA COUNTY(LOUISA) P. O. Box 7546 NELSON COUNTY(LOVINGSTON) Charlottesville, Virginia 22906 (804) 972-6219 March 5 , 1992 William Benton Downer Montague Miller and Company P 0 Box 7666 Charlottesville VA 22906 Dear Mr . Downer : On December 9 , 1991 , Mr. Jeff McDaniel wrote you a letter explaining the options for sewage disposal at the property formerly occupied by the Galerie Restaurant . He included the option of a permanent method of pump and haul and enclosed copies of the applicable state regulation which also addressed temporary pump and haul. (see attachment - Section 3 . 10 and 3 . 11) . On or about January 7 I received an incomplete application for a temporary pump and haul from you. In place of the justification and description of the permanent facility you referenced an attached letter to the County Executive requesting the Board of Supervisors to extend jurisdictional authority for the County Service Authority to cover the property. On January 8, Mr. Gary Rice wrote to you explaining the items required to complete your application (also attached) . Item #5 in this letter refers to confirmation of action by the county on the request you had made and referenced in your pump and haul application and item #4 refers to the bonding arrangement. It is apparent that incomplete communication on several levels has resulted in a misunderstanding of the nature of the approval granted by the County Board on January 22 and the meaning of Mr. Tucker's signature on the Application for Pump and Haul. Nevertheless , it is clear that Section 3 . 10 of state regulations which were supplied to you in December require that temporary pumping and hauling be permitted only when VIRGINIA I//'DIIIIIDEPARTMEO EALHNT • Proltx lint;lou and Your Ent nonmvnt "construction of an approved system is actively in progress" and that "completion is assured with a completion date set" within one year. In addition, Section 2. 30 which you also were given , requires "submission of a detailed construction schedule for completion of the permanent receiving facilities." Because the January 8 letter did not ask for a "detailed construction scheudle " and because of the unfortunate misunderstanding which caused you to move ahead believing that you had complied with all requirements , I am willing to waive bonding and accept one of the two following alternatives to a detailed construction schedule and assurances that work is in progress : 1) Approval from Albemarle County to include the property in the jurisdictional area of the County Service Authority; a proposal including the steps and locations involved for sewer connection ; a projected time line for completion of those steps within one year and a letter of agreement from the Service Authority to the proposal and time line . 2) Approval from Albemarle County for the use of a discharging treatment facility at this site in compliance with State Water Control Board regulations and a schedule and time line for the application process and construction to be completed within one year. With either alternative you should also provide a statement that operations will cease if no facility is in place at the end of one year. You would be required to provide reports of "delays from the anticipated completion date" as in 3 . 10 D and monthly progress reports as in 2.30 E. Should you later wish to present an alternative, more economical plan for a permanent facility to be completed within the same year, that would be considered but approval is not guaranteed . An alternative to providing either of the above would be for you to request in writing that the State Health Commissioner grant a variance to Sections 2.30 and 3.10 of the Sewage Handling and Disposal Regulations to allow you to have the pump and haul permit and open the restaurant prior to obtaining the necessary assurances and construction plan. In requesting a variance you might wish to explain the special circumstances , propose to provide the assurances and construction plan within a specified time such as two months and acknowledge your understanding of the need to cease operation if no permanent facilities are in place at the end of the year. Regulations pertaining to a variance are attached. They specify that the request is to be sent to this office ( 2. 7C) . Processing may take up to 60 days after the Commissioner receives it from us but we would ask for it to be handled as quickly as possible. I apologize for any part our staff played in the misunderstanding and promise that we will work to assist you within the staffing constraints we face with any of the options listed above . Please call if you have other questions . Sincerely, L. , Q\1/41A, tkk Susan L. McLeod, MD, MPH Director SLM/sdr Attachments cc : ✓wayne Cilimberg December 9 , 1991 Mr. Benton Downer Montague Miller 500 Westfield Road Charlottesville, VA 22901 Dear Mr. Downer: The method of sewage disposal at the Gallerie restaurant property has been a mystery for years . Since there were no visible signs of a malfunction and verbal information lead us to believe that a septic system existed , the restaurant was allowed to continue operation. In recent weeks a new business has applied to use the building and it became necessary to determine the amount of drainfield and its condition . The investigation produced some surprising results. I understand that the system installed in 1960 was completely washed away during the flood in 1969 . At that time, unknown to this department, a seepage pit was installed, probably with an overflow to the nearby creek , and the entire area covered with approximately 20 feet of fill . Excavation uncovered a tank ( approximately 75% full of solids) and a completely obstructed sewer line . None of these findings support evidence of a functioning septic system. To provide adequate facilities to dispose of sewage I see four options: 1 . An easement on adjacent property to install the required amount of drainfield . Sufficient area for the required septic system and its reserve area would be necessary. 2 . Installation of a sewage treatment plant. Approval of this type facility is handled by the Water Control Board and is dependent upon approval of the local governing body . 3. Connection to the existing public sewer . The Albemarle County Service Authority and local governing body should be approached for their requirements . 4 . A permanent method of pump and haul . Application for this type of system should be made at the local health department but it would be necessary for the local governing body to assume responsibility should the business fail to comply with its agreement. A copy of pertinent procedures is enclosed . It should also be mentioned that our investigation has only considered the septic system. The restaurant equipment and the water supply would need to be evaluated before a new occupant would be permitted . It might be advisable to perform a drawdown test on the well to assure adequate flow for the proposed use as well as samples to confirm its potability. Plans for a proposed new business should be submitted for review well in advance of any construction ( preferably one month or more) . Applications can be obtained at our office. Please keep me informed of any progress. Sincerely, Jeffrey McDaniel Environmental Health Specialist Enclosure cc: Susan L . McLeod, MD, MPH , Health Director Catherine Cummins , Supervisor Food & TES Donald Hackler, Supervisor Sewage & Water , ii. conference; iii. scheduling of equipment for initial inspection;and iv. approval o .' sposal site(s). A. Application. An app; ation for a sewage h dung permit shall made to the local or district health department on a form provi.c• by the departme t(See Appen B. Conference. A conference will i held with e distric r local department forforilic purpose of discuss- ing the methods and equipment utilize• '. the h. .dlin 61 sewage. C. Initial equipment inspection. The owner ;all make arrangements with the district or local health department at a suitable time for inspecting t e e .ge handling equipment. D. Approval of disposal site(s). (i)Ay roved si, erage tem or treatment works. A system for which a certificate to operate has been issued jointly the depa ent and State Water Control Board or a system which has been issued separate per t by the com • sioner. When the applicant is not the owner of the approved sewe ge system or treat ent works, the a icant shall append a statement from the owner of the approved sewerage system or . eatment works to th ppplication stating that the appli- cant may discharge s- . age and/or sewage. Th..statement shall include til quantity per day and point of discharge as indict on the application to the . .proved sewerage system or atment works. (ii) If the disposal site is of an approved sewerage syste or treatment works, each disp. 1 site shall be consid- ered a spec;.s'�acility(See§3.15 B) and shall be spected and approved or disapprr .-. on a case by case basis by, a district or local health department a d the bureau in accordance with § 2.1 —%. • Issuance of sewage handlinBPermit. Th- commissioner shall issue a sewage handle gP mit upon atisfactory completion of the procedures outlin:. in § 2.26 and compliance with the criteria cont.' ed in Part III Article 3,and Part IV,Article 8 and 9. §2.28 Revocation of sewage handling permits. II) Each permit shall be for a time period not to exceed 12 months. (ii) Each permit may be revoked when conditions are changed from those shown in the applica- tion (iii) Each permit may be revoked when the - is a potential or real health hazard associated with the sewage handling operation. §2.29 Special permits for pump and haul of sewage. A special permit for a definite time period issued by the commissioner is required for pump and haul. (See Part III,Article 2). A.Exception 1. No such special permit is required for pump and haul associated with pumpout facilities at marinas or other places where boats are moored which are authorized by the Rules and Regulations Governing Sewerage and Sanitary Facilities at Marinas and Other Places Where Boats are Moored. 2. Where pump and haul is a maintenance requirement of an approved sewage disposal system such as pumping septage from a septic tank or periodic pumping of a holding privy, no such separate special permit is required. E, §230 Procedure for obtaining a pump and haul permit. An owner who seeks a pump and haul permit 22 shall follow the following steps: i. application; ii. conference; plans,specifications,and other data as may be required; iv. securing a contract with a sewage handling contractor having a valid Sewage Handling Permit; v. submission of a detailed construction schedule for completion of the permanent receiving facilities; and vi. bonding. A. Application. An application shall be made through the district or local health department on a form provided by the department. Application shall be made on the form described in Appendix D. B. Conference. A conference is necessary with the district or local health department for the purpose of discussing the reasons for pump and haul and the methods and equipment to be utilized in the pump and haul operation. C. Plans and specifications. Plans and specifications in sufficient detail shall be provided,when required, to show the sewage collection and holding facilities. See§§2.13 C and 2.13 E for further details relating to plans and specifications. D. Contract with a sewage handling contractor. The owner shall secure and maintain a contract with a sewage handling contractor having a valid Sewage Handling Permit. The contract shall be for a period of time sufficient to complete the construction necessary to alleviate the need for pump and haul. The contract shall contain as a minimum the following conditions: 1. duration of contract; 2. pumping schedule; 3. availability of equipment; 4. emergency response capability; 5. disposal site,including limitations, utilized by the contractor; and 6. the contractor shall maintain and submit records on a monthly basis to the owner and the depart- ment. The records shall indicate the date, time and volume of each load, the disposal site(s) utilized and overflows or spillage. _...� E. Submission of detailed construction schedules. A detailed construction schedule shall show as a minimum initial construction date and date of completion. Progress reports shall be submitted monthly. F. Bonding. The commissioner may require any owner holding or applying for a permit issued pursuant 23 to this section to post a bond with surety approved by the commissioner for the purpose of insuring con- tinuation of the pump and haul operation for the specified time period contained in the pump and haul permit. Such bond shall be forfeited if the owner ceases to continue the pump and haul operation before the need for pump and haul has been alleviated. The forfeited bond shall be expended as necessary to restore and maintain the pump and haul operation for the permitted time period. Forfeiture of the bond shall not relieve the permit holder of any other legal obligations set forth in these regulations. No bond shall be required of a government entity holding a permit in accordance with § 3.11. §231 Issuance of a construction permit for storage facilities associated with the pump and haul of sewage. A construction permit shall be issued by the commissioner after completion of the requirements contained in § 2.30 and Part IV,Article 7 (See Appendix D). §232 Issuance of the special pump and haul permit. After concurrence of the local political subdivision and upon satisfactory completion of the requirements set forth in §§ 2.30, 2.31, Part III,Article 2 and Part IV,Article 8,and if the commissioner determines that issuance of the pump and haul permit is in the best interest of public health, a permit shall be issued. 24 Article 2 Pump and Haul of Sewage §3.7 General. Pump and haul pertains to an unusual circumstance wherein sewage is permitted to be transported by vehicle to a point of disposal. Pump and haul includes all facilities and appurtenances necessary to collect and store the sewage for handling by a contractor having a valid sewage handling permit. §3.8 Permanent pumping and hauling prohibited. Pumping and hauling on a permanent basis is prohibited unless done under the auspices and supervision of a government entity as provided for in § 3.11 below (See § 2.29 A 2 for exception). Pumping and hauling for over one year shall be considered as a permanent pumping and hauling operation. §3.9 Emergency pumping and hauling. When serious malfunctioning of an existing sewage disposal system,sewerage system or treatment works occurs pumping and hauling may be author- ized for a definite time period until the malfunctioning system can be reconstructed or repaired. § 3.10 Temporary pumping and hauling. Temporary pumping and hauling may be permitted under the following conditions: A. it must be demonstrated that the temporary pumping and hauling of sewage is not the usual practice in order to permit premature and unplanned real estate or commercial development in an area where sewerage facilities do not exist; B. construction of an approved sewerage system and/or treatment works is actively in progress with personnel and machinery at work in the particular area. Bonding, cash escrow or other assurances shall be required to guarantee completion of the sewerage system and/or treatment works; C. the completion of the sewerage system and/or, treatment works is assured and a completion date within the definition of temporary pumping and hauling has been set; and D. any and all delays from the anticipated completion date shall be reported immediately by the holder of the pump and haul permit to the district or local health department, delays not resulting from circumstances beyond the control of the holder of the pump and haul permit shall be grounds for revocation of the pump and haul permit. §3.11 Permanent pump and haul. Permanent pumping and hauling of sewage may be permitted under the following conditions: A. that the government entity enter into a contract with the department setting forth that the government entity will provide pump and haul services, either directly or through a private con- tractor holding a sewage handling permit, to the home(s), commercial establishment(s) or occu- pied structure(s) for the period the occupied structure is utilized or until connection can be made to an approved sewerage facility; B. upon completion of the contract between the department and the government entity the 31 commissioner shall issue a single pump and haul permit to the government entity, a separate construction permit shall be issued to the government entity for each sewage storage facility, the sewage storage facility(s) shall be designed and constructed in accordance with Part IV,Article 7; and C. when the government entity provides the sewage pump and haul services it shall conform to the conditions contained in§2.26 and Part IV,Article 8. 32 tH.,2 o COMMONWEALTH ©f V1RQINIA IN COOPERATION WITH THE Thomas Jefferson Health District ALBEMARLE-CHARLOTTESVILLE STATE OEPARTMENTOFHEALTH 1138 Rose Hill Drive FLUVANNA COUNTY GREENS COUNTY(STANAROSVIL A) P. O. Box 7546 LOUISA COUNTY(LOUISA) NELSON COUNTY(LOVINGSTON) Charlottesville, Virginia 22906 (804) 972-6219 January 8, 1992 William B. Downer III Montague Miller and Company P. 0. Box 7666 Charlottesville , VA 22906 Dear Mr. Downer: We are in receipt of your application for a permit to pump and haul sewage. Unfortunately , the application is not complete. Information listed below will be necessary before we can even begin to process the application. 1 . Confirmation from the local sewage treatment plant that they will accept sewage. 2 . Signature of county official - Line 16 of application . 3 . Formal plans regarding storage design. Those plans should include sizing requirements to match the proposed use, alarms, location of tanks from existing • • wells, etc. 4. A copy of the bonding arrangement. 5 . Indication from the county that they will allow sewer hook-up. 6 . A completed restaurant application showing proposed use matching designed sewage flows. 7 . A more detailed contract with the sewage handling contractor. Please provide the above mentioned information as soon as possible to us at the Thomas Jefferson Health Department so that we may act on your request. As always , should you need any assistance, please contact us . • Sincerely, 4,./A4J.J G. Stephen Rice , §2.7 Variances. On1'the commissioner may grant a variance (see § 32.1-12 of the Code of Vir- ginia and § 1.4 B of these regulations) to these regulations, however, minor deviations to the criteria contained in Part IV may be granted in accordance with § 2.16 C. The commissioner shall follow the appropriate procedures set forth in this subsection in granting a variance. A. Definition of a variance. A variance is a conditioned waiver of a specific regulation which is granted to a specific owner relating to a specific situation or facility and may be for a specified time period. B. Requirements for a variance. The commissioner may grant a variance if a thorough investiga- tion reveals that the hardship imposed (may be economic) by these regulations outweighs the benefits that may be received by the public and that the granting of such a variance does not subject the public to unreasonable health risks. C. Application for a variance. Any owner who seeks a variance shall apply in writing for a vari- ance. The application shall be sent to the appropriate district or local health department for review and forwarding to the commissioner. The application shall include: 1. a citation to the regulation from which a variance is requested; 2. the nature and duration of the variance requested; 3. any relevant analytical results including results of relevant tests conducted pursuant to the requirements of these regulations; 4. a statement of reasons why the public health and welfare would be better served if the vari- ance were granted; ) 5. suggested conditions that might be imposed on the granting of a variance that would limit the detrimental impact on the public health and welfare; 6. other information, if any,believed pertinent by the applicant; and 7. such other information as the local health department and the commissioner may require. D. Evaluation of a variance application 1. The commissioner shall act on any variance request submitted pursuant to § 2.7 C within sixty calendar (60) days of receipt of request. 2. In the commissioner's evaluation of a variance application the commissioner shall consider the following factors: a. the effect that such a variance would have on the operation of the sewage handling or disposal facility; b. the cost and other economic considerations imposed by this requirement; c. the effect that such a variance would have on protection of the public health; and d. such other factors as the commissioner may deem appropriate. 10 011 —ci)A TkV6 vv• • (2 C C i 4 2 1992 v J cc_he_cf dle-/4/' 5e6, 5 d n 5e y f,c..- sea /419 h"‘)