Making Connections is a Key to Successful Lobbying

Virginia wastewater professionals build strong relationships with regulators.
Making Connections is a Key to Successful Lobbying
Reach John Powell through the Virginia Onsite Wastewater Recycling Association at www.vowra.org or 540/377-9830.

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The Virginia Onsite Wastewater Recycling Association (VOWRA) has built an improving relationship with state regulators over the years, but the group representing onsite wastewater professionals is striving to do more with important issues, including the shortcomings of real estate transfer inspections, says its president, John Powell.
VOWRA was formed in the 1980s and today boasts a roster of about 300 members, most of them installers, pumpers, soil evaluators, engineers and regulators. The group has done a lot to raise industry standards — and the quality of onsite wastewater treatment in general, Powell says. He brings us up to date on the group’s activities.

What is VOWRA’s primary purpose?

Powell: VOWRA is an affiliate of and set up much like NOWRA (National Onsite Wastewater Recycling Association). Our mission is to support, strengthen, advance and unify the industry through education, training and representation for our members, and to collaborate with everybody in the onsite industry. I think we do well with that. We attempt to offer conveniently located trainings around the state so our members don’t have to travel so far to maintain their license.

The federal Chesapeake Bay Watershed Program has some states trying to ban or limit septic systems. What is the attitude of state regulators toward onsite wastewater?

Powell: That there are alternatives to big pipe, and onsite wastewater is critical to protecting the environment. We’re in the Chesapeake Bay program, so we have to reduce nitrogen. In 80 percent of Virginia, any new alternative system has to be a nitrogen-reduction system.

Our relationship with the Virginia Department of Health (VDH) is excellent, it’s very collaborative. Two of our board members are VDH employees. We’re heavily engaged with them on public policy and provide a forum for regulators to express their views and opinions to the industry.

We have a good set of regulations covering soils, design, installation, and operation and maintenance. An owner of an alternative disposal system is required to have an annual inspection along with maintenance requirements, which all need to be performed by a licensed operator and reported to the state’s database.

Over the last few years, what do you see as VOWRA’s biggest accomplishment?

Powell: Virginia started phasing in licensing for onsite professionals about seven years ago, so we’re finally on a smoother road with that. We supported that and are where we need to be, I feel.

There were a few who didn’t support it and still don’t. I think it put a lot of fear into the older-generation contractors who were afraid of taking the test. The Virginia Department of Professional and Occupational Regulation (DPOR) reworked the exam a couple of times to make sure it was clear and appropriate, and held several workshops last year to help those needing a license. We took that opportunity to provide a low-cost wastewater math course to provide further help.

DPOR allowed an interim license and you had four years to take the exam, along with a certain amount of continuing education. A few dragged their feet, so the Legislature granted a six-month extension for taking the test as long as you had maintained your continuing education requirements. For the most part, I think most involved are getting it.

We’ve also worked with VDH to get them to be more of a regulator than a competitor. They used to do soil work and system design much, much cheaper than the private sector could and most felt it wasn’t fair. VDH has adjusted its fee structure, does a much smaller percentage of designs and only does the most basic conventional designs. If it is a tough site or alternative system, it always goes to the private sector.

VDH has always expressed desire to get out of evaluation and design and is under considerable pressure to do so. Budgetary reduction in VDH could likely result in continued privatization. In the rural parts of the state, privatization could be difficult, plus some localities don’t want it.

This issue is tough, as VDH is responsible to ensure public health protection.

What do you see as issues to tackle in the future?

Powell: We have to have regulations to dictate proper practices for real estate transfer inspections. They are not required by law, but the lenders normally require one.  
Most real estate companies use home inspection or pest control companies that will do a $50 to $100 walkover with no assurance for the purchaser. They’ll go in and just flush some dye down the toilet and walk the yard. Almost never will you see the dye. They look in the front yard when the system could be in the back and vice versa. For the most part they don’t pull any information from the Health Department.

They just do what is minimal to close the deal. Then the purchaser is stuck with thousands of dollars of needed repairs. I see it almost daily. That needs to be stopped and we are working on it. This issue is one not limited to public health but also consumer protection and sustainable infrastructure. It’s going to be a challenge. VOWRA is just starting to discuss the issue, and we have a ways to go yet.

How are you raising awareness about the importance of effective onsite treatment?

Powell: VOWRA does not have a lobbyist or an adopted formal plan of action. For the most part, we try to be informed as much as possible and make sure things move in the right direction, or at least not the wrong one. It is very difficult as some folks expect us to straighten things out for them.

We are affiliated with NOWRA, and they’re going after funding for the industry. The Chesapeake Bay agreement has provided more funding for the big pipes and agriculture, but not for onsite wastewater systems in Virginia.

Tom Fritts, past president of NOWRA, testified before an appropriations committee last year asking Congress to direct funding more fairly and to the (U.S. Environmental Protection Agency) decentralized wastewater office. He testified that more than 99 percent of the EPA Clean Water State Revolving Fund goes to municipal wastewater, and less than 1 percent goes to onsite. We’d like to see at least 20 percent dedicated to increasing staffing and resources. The EPA has only one full-time employee focused on decentralized wastewater.

Virginia has a program to help fund septic repairs for certain situations. The only problem is, we don’t have a source of funding. Once the EPA, or whoever, starts handing money to the states, we hope to put some money into that fund.

You had a Mega Conference last November. How did that go?

Powell: NOWRA has been going around to different states, teaming up to do joint conferences. VOWRA and NOWRA presented the conference with the National Association of Wastewater Technicians (NAWT) and the State Onsite Regulators Alliance (SORA). We have a good conference every year. Having it with NOWRA and the other groups was an honor. All can attend and go away with something, whether it is good advice from others in the field or from manufacturers about new products.



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