A. 
Frederick County is deemed to have fragile hydrogeology and to have the potential for depletion and contamination of water sources and the potential for hazards to public health, safety and welfare as a result. For the purpose of promoting the health, safety and welfare of the general public, there is imposed upon all wells and on-site sewage systems constructed or installed the standards as set forth hereafter in this chapter. Pursuant to these goals, the Board of Supervisors hereby exercises its power, as granted by § 15.2-2157 of the Code of Virginia (1950, as amended), to regulate on-site sewage systems.
B. 
To the extent permitted by state law, if any provision of this chapter conflicts with any other provision of state or local law, the more stringent provision shall apply.
[Amended 4-27-2026]
A. 
Definitions of terms contained in this chapter shall be those given in the Virginia State Board of Health Sewage Handling and Disposal Regulations, 12 Virginia Administrative Code, Agency 5, Chapter 610 (12 VAC 5-610-10 et seq.) and the Virginia State Board of Health Alternative Discharging Sewage Treatment Regulations for Individual Single Family Dwellings, 12 Virginia Administrative Code, Agency 5, Chapter 640 (12 VAC 5-640-10 et seq.).
B. 
The following definitions shall apply for additional terms contained in this chapter:
ALTERNATIVE DISCHARGING SEWAGE TREATMENT SYSTEM or DISCHARGING SYSTEM
Any device or system which results in a point source discharge of treated sewage for which the Health Department or the Virginia Department of Environmental Quality may issue a permit authorizing construction and operation when such system is regulated by the State Water Control Board pursuant to a general Virginia Pollutant Discharge Elimination System permit issued for an individual single-family dwelling or a multifamily dwelling with flows less than or equal to 1,000 gallons per day. Such system is designed to treat sewage from a residential source and dispose of the effluent by discharging it to an all-weather stream, an intermittent stream, a dry ditch, or other location.
ALTERNATIVE ON-SITE SEWAGE SYSTEM or ALTERNATIVE ON-SITE SYSTEM
A treatment works that is not a conventional on-site sewage system and does not result in a point source discharge.
ALTERNATIVE ON-SITE SOIL EVALUATOR (AOSE)
A person licensed by the Department of Professional and Occupational Regulation (DPOR) to evaluate soils and soil properties in relationship to the effect of these properties on the use and management of these soils as the locations for conventional and alternative on-site sewage systems, to certify in accordance with applicable state regulations and local ordinances that sites are suitable for conventional and alternative on-site sewage systems, and to design conventional and alternative on-site sewage systems suitable for the soils.
CONVENTIONAL ON-SITE SEWAGE DISPOSAL SYSTEM
A treatment works consisting of one or more septic tanks with gravity, pumped, or siphoned conveyance to a gravity distributed subsurface drainfield.
HEALTH DEPARTMENT
The Virginia Department of Health (Frederick County Office) and its authorized employees and agents.
ON-SITE SEWAGE DISPOSAL SYSTEM
Any treatment works design for the storage, treatment, disposal, discharge, or reclamation of sewage or combinations of sewage and industrial wastes, other than through use of a sanitary sewer system.
PUMP AND HAUL SYSTEM
Any device or system in which a sewage holding tank is pumped out on a regular basis and the raw sewage is transported by motor vehicle by a contractor having a valid sewage handling permit to an authorized treatment plant. The term "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.
SEASONAL USE
Any use that is no longer than six months. To include sporting events, festivals and fairs, community activities, community facilities such as picnic areas, parks, or playgrounds, and Frederick County Parks and Recreation activities.
TREATMENT WORKS
Any device or system used in the storage, treatment, disposal, discharge, or reclamation of sewage or combinations of sewage and industrial wastes, including but not limited to pumping, power, and other equipment and appurtenances, septic tanks, and any works, including land, that are or will be
(1) 
An integral part of the treatment process; or
(2) 
Used for ultimate disposal of residues or effluents resulting from such treatment.
Whenever administrative action is taken to deny a septic tank permit or to grant a septic tank permit with conditions or to refuse to issue, or grant with conditions, a letter recognizing the appropriateness of on-site sewage site conditions in lieu of issuing an on-site sewage system permit, the applicant shall be advised in writing by the Health Department of the administrative remedies, including appeal to the Board of Supervisors, that are available to obtain a reversal of the denial or refusal or a modification or elimination of the conditions, or, if no further administrative remedies are available, of the right of appeal provided for hereinafter. After exhausting all administrative remedies, as set forth in § 32.1-164.1:1 et seq. of the Code of Virginia, including appeal to the Board of Supervisors, any person aggrieved by a decision of the Board of Supervisors shall have the right to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).