Onsite sewage systems; prohibits VDH from issuing permits that are located in a wetland. (HB132)

Introduced By

Del. Albert Pollard (D-Lively) with support from co-patron Del. Kaye Kory (D-Falls Church)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Alternative onsite sewage systems.  Prohibits the Department of Health from issuing permits from alternative onsite sewage systems that are located in a wetland, (ii) setback less than 50 feet from any impaired waters, (iii) within one foot vertically of any groundwater resource, or (iv) discharging directly into a groundwater resource if located in the watershed of any impaired waters. Allows localities that include impaired waters to require maintenance standards and requirements for onsite sewage systems that exceed those established by the State Board of Health. Read the Bill »


Bill Has Failed


01/05/2010Prefiled and ordered printed; offered 01/13/10 10101068D
01/05/2010Referred to Committee on Health, Welfare and Institutions
01/28/2010Impact statement from DPB (HB132)
02/01/2010Assigned HWI sub: #3
02/02/2010Subcommittee recommends passing by indefinitely
02/16/2010Left in Health, Welfare and Institutions


Kimberly W. Harper writes:

By creating a mandatory 12" vertical standoff to any groundwater resource, you will essentially halt all new development (development where city sewage is not available) in the Tidewater area. In fact the entire coastal plains region of Virginia would be affected. There is a reason we have been given the ability to reduce the standoff to as little as 6"....it's called technology. There are existing regulations and GMP's already governing our ability to reduce the standoff to less than 12" and they are very strict guidlines. Delegate Pollard, you may want to do some more research before arbitrarily throwing these restrictions into a House Bill. Please contact me if you would like to discuss.

David R. Butler, P.E. writes:

We have alternative systems for poorly drained soils that were not available a few years ago. There are hundreds of lots that were platted decades ago within residential subdivisions that remained undeveloped because of high water tables and/or poor soils. Many of those lots are now approved for homes and a good number of them have recently been granted building permits and homes have been constructed. Goochland and Powhatan Counties are good examples. A call to the local Health Departments in those counties to inquire if problems with these systems have occurred is encouraged. The aforementioned technologies have been available in parts of Europe for decades. Please feel free to call me if you would like additional information.

Dennis Childress writes:

I think we should keep the stand-off distances as listed in the Virginia Deartment of Health Regulations and various GMPs. Using advanced technology ensures little threat to the wetland environments. If we are not careful we will restrict ourselves out of growth and economic recovery. We do not need to sacrifice the environment for growth but we do need to educate our stakeholders on the technology that is available so the bill patrons are better informed.

Michael E. Fiore writes:

Wastewater technology has made tremendous advances in order to provide environmental solutions to difficult groundwater situations. Property owners should be allowed to take advantage of these technology to make productive use of their property. The economic recovery of some areas is dependent upon the successful use of these technolgies,,,,,,let's not take step backward....the existing regulations adequately protect the Citizens of VA and the groundwater environment.

Jayden writes:

Define wetland by looking at a county map of wetlands and you will not agree with this bill.