A recent visit to the Virginia Department of Health (VDH) produced some interesting documents and a picture is evolving on the management (or complete lack of it) of the unlined septage lagoons in Accomac County. That picture is not encouraging. This is a preliminary report only. We have received volumes of information under a Freedom of Information Act request and it will take some time for your energetic volunteers to process all of it (so to speak).

KNOW THIS: when your septic tank is pumped out, as it should be every five years, the “material” pumped out into the shiny truck is hauled away and none of us think about it again. Why would we? Out of sight, out of mind – especially for this issue. Currently there are two Operators performing this service and they are hauling septic waste from both Northampton and Accomack Counties to three lagoons in Accomack County. They receive a fee for this service.

The economics of this business may be extrapolated from three numbers: total gallons pumped out, the size of the average septic tank and the fee charged by the Operators to perform the service. In the last reported year, 2006, nearly 4,000,000 gallons were dumped at the three sites. The average septic tank is 500 gallons. This implies that the Operators pumped 8000 tanks. The charge for pumping to the customer is about $125. This implies gross revenues of $1,000,000. If this number is anywhere near accurate, pleading poverty on the part of the Operators, would not be a plausible defense.

The real picture of what is happening is vastly different because, in the end, the same shiny truck drives back into the woods on the seaside, either near Coal Kiln or Wachapreague or Atlantic, and dumps the contents into surface “ponds” , or lagoons, at these “authorized” locations.

The lagoons are simply holes in the ground surrounded by earthen berms. They are not lined and the berms are made of very porous soils, long a subject of concern by the VDH. Unlined lagoons have been a concern of health officials in rural areas for many years. In Virginia, less than a handful still exist according to Health Department official James Davis, the man currently in charge of this issue. Three of them are in Accomack County. While this was once common practice in many rural locations, it was phased out long ago in favor of more environmentally sensitive solutions - except here in Accomack County.

This sewage, already partially broken down in your septic tank, is simply dumped into these ponds where a process of anaerobic and aerobic bacterial decomposition occurs. One of the primary by-products of decomposition is ammonia and from ammonia come the damaging nitrates and nitrites, harmful to everyone’s health. To one degree or another, these find their way into the water table.

Septic tank pumping companies are required to secure an annual permit for the operation of these lagoons and are obligated under the law to meet certain requirements. Operators must fence in their lagoon areas. Operators must remove the solids left after decomposition and have two options as to disposal. The first is to take it to a proper sewage treatment facility for disposal. The second is land application in agricultural areas subject to specific criteria.

Operators are required to drill shallow surface wells to a depth of twenty feet or so, to routinely sample and test groundwater for dangerous pollutants. Operators are issued a permit for the maximum amount of septage that can be dumped at each site. Operators are required to maintain the berms, keep them free of obstructions (trees, etc), and to repair leaks before they occur.

The Virginia Department of Health is the sole agency in charge of administration and enforcement. Septic and septage handling, decomposition and disposal poses well known health risks and is, therefore, carefully regulated- or is supposed to be.

None of the lagoons in Accomack County are fenced. In Accomac County, no lagoon has, apparently, EVER been pumped out. There is no fee for the license and VDH does a rudimentary, on-site inspection prior to issuing the permit. These on-site inspections appear to be extremely basic and are far from thorough. Deficiencies, if noted by VDH, are rarely corrected and there is no apparent enforcement. Additionally, a recent study done by consultants hired by the County recommended that the County declare a health emergency in order to qualify for state funding to mitigate the health hazard. To date, this has not been done.

All three lagoons are located in proximity to watershed areas draining generally into nearby creeks and then into seaside waters. The porous quality of the soils used in the berms, the lack of maintenance of those berms and the fact that some of the berms are less than 3’ tall all mitigate adversely on the subject of surface runoff in a heavy rainfall. This has, in fact, happened on many occasions. Heavy rains have caused the lagoons to overflow their berms and drain septic effluent onto the surface and into surrounding waters.

The VDH licenses the operators for specified limits of discharge of new material into their lagoons. One operator is licensed at 2.1M gallons per year and has exceeded that number in each of the last five years by substantial margins; in one year alone, the Operator exceeded the permitted limit by over 1.5M gallons. The second Operator is licensed at two lagoon sites. One is permitted at 1.0M g/yr, the other at 220K g/yr. The second operator has never exceeded the permitted levels and always reports dumping at about 10% below the stipulated levels. Curiously, this Operator has never once gone over his limits. We suspect that one operator is accurately reporting his data and that the other is not, although there is no way to verify either number-Operators use the Honor System for reporting. VDH does no monitoring.

Testing of groundwater wells around each site, not done in the last seven years, last showed ammonia levels in the water at 10x allowable levels and nitrate/nitrite levels well in excess of VDH standards. NO testing has been done since 2000. VDH has failed in its responsibility to properly administer this issue.

The questions are almost too obvious to pose. Why does the Health Department continue to issue permits when dumping violations are common? Why are the lagoons not fenced as required by law? Why are the Operators allowed to skate on the requirement for groundwater chemical testing? Why are these lagoons still unlined in 2008? Why doesn’t the County take any initiative in protecting the public and in regulating this hazard?

There is plenty of blame to be ascribed to this situation. First and foremost is the outrageous void in administration and enforcement shown by the Health Department. This is inexcusable. VDH tries to make the issue go away by saying they don’t have the manpower to do this job correctly. We disagree. This IS the job of the Health Department and they SHOULD be doing it. No excuses-just do it.

The County and the Board of Supervisors have, for forty years, ignored the problem. However, in recent years, the Board has been more vocal about the issue, even if it has done nothing, but has sloughed it off on the Health Department saying: “it’s their problem.” The truth is, it is EVERYONE’S problem.

The County took action in November and December to authorize construction of a lined septage lagoon at the North Landfill site. Construction is estimated to take a year and a half. The County’s commitment to seeing this project through to completion remains to be seen. Budget pressures in 2008 will weigh heavily on the outcome. This is only a short term solution, however.

Lastly, the Operators share heavily in responsibility. They operate for profit and it is in their best interest to spend as little as possible in the conduct of their business. We do not mean to say this is wrong or that they are bad. There is no enforcement and therefore there is no compliance. This is wrong.

It is, however, the reality of the situation. Why would they spend thousands of dollars on fencing if no agency is going to require it? Why are they going to line their lagoons? Why are they going to test the water? These questions remain and their responsibility to operate in accordance with the law remains vitally important.

The largest question remains unanswered: who is looking out for the interests of County Residents? The answer is: nobody.

It is, perhaps, less important at this point to attribute blame than it is to find a solution. Our suggestion for a solution is three part: 1) close the unlined lagoons right now, 2) immediately commence construction of a lined lagoon as a short term solution only, and 3) immediately commence an effort to build a proper sewage treatment facility in Accomack County including a central sewer system for the mid-county towns.

Because of the known health risk and the pattern of known deficiencies and lack of oversight and enforcement, these lagoons should be immediately closed. The haulers will have to take their precious cargo elsewhere to properly dispose of it at locations where administration and oversight exist. That is NOT in Accomack County. In addition, the Operators should be immediately compelled to fence the sites and commence disposal and remediation efforts.

The County should persevere in the construction of a lined lagoon at the northern landfill site. Construction should be accelerated and adequate financing provided by the County. “We cannot afford it” is NOT an answer nor an option.

The Health Department should be immediately compelled to enforce their own regulations in support of the health and welfare of Accomack’s citizens. VDH should mandate and enforce well sampling and testing in accordance with the law. The sites should be the subject of quarterly inspections and they should be monitored, administered and enforced.

The Board of Supervisors and Planning Commission should immediately create an ordinance structure regarding the termination of the practice and the remediation of the sites. Absent a legal foundation that mandates specific criteria, cleaning up these sites will never occur.

The County should immediately create a citizens advisory commission to monitor VDH, the Operators and the entire process. This commission should report to the Board of Supervisors who should make an immediate and strong resolution to see this matter corrected and a lined solution completed in a timely fashion. Budget limitations should not have a bearing on this matter.

Finally, all citizens should demand that the problems be corrected, that the Health Department do its job and that the County keep a vigilant eye turned to the issues.

In a rural county of limited financial resources, government must be watchful of all expenditures but in this case, an outrageous practice has been allowed to continue through weak-kneed administration and no enforcement. No excuses should be tolerated in seeking an immediate and environmentally sound solution. While expense is always an objection, in this case, it should not be. This solution is necessary and it is far overdue. Citizens should be mindful of what their Government is doing and what progress is being made.

The existence of three unlined septage lagoons in Accomack County is bad enough but the failure of the Virginia Department of Health to properly administer and enforce the laws is reprehensible. Blame may be spread in many areas but the one thing that is not being spread, as it should be under the law, is decomposed bio-solids piled up in these lagoons. The solution lies in constructing a new facility, (which is itself a dated but acceptable solution to the problem), within the means of County Government for the short term and construction of proper waste disposal facilities for the long term.

Operators will temporarily haul septage either across the Bay or to Maryland, where proper disposal solutions exist. Within a year and a half, they will haul to the new County controlled facility where it will be properly administered. Operators will pay a tipping fee to the County reflecting operating costs plus amortization of capital expenses. Northampton and Accomack Counties should enter into an agreement whereby a portion of the expenses associated with the facility is reimbursed on a pro rata or percentage basis by use from Northampton County.

Waste treatment in Accomack County is fifty years behind the curve. Increased development pressures mandate a response to this issue now, not later when demand will vastly exceed capacity. Chincoteague is the Accomack County poster child for the fundamental problem. This is one of the painful realities of growth-not only is there a requirement to deliver services, there is also the burden of paying for it.

Managed growth, thoughtful development and rational administration of problems is the core thesis of Save Our Necks. We shall continue to monitor this situation.