A.
The requirements of this article shall apply to any property where
an on-site sewage system is installed or proposed to be installed,
except that the repair of a previously permitted sewage disposal system
or the replacement of an existing well when performed under a valid
repair/replacement permit issued by the Health Department shall be
exempt from this article.
B.
The requirements of this article shall apply to all new sewage disposal
systems, which are permitted or approved, whether through a construction
permit issued by the Frederick County Health Department or through
a certification letter issued by the Health Department after the effective
date of this article and shall also apply to physical additions or
expansions to existing sewage disposal systems.
C.
Building contractors, plumbers, or any person making installation
and/or repairs to existing installations, shall be responsible to
the owners of lots for compliance with this article.
A.
It shall be unlawful to use, to allow to be used, to rent or lease
for use any on-site sewage system to which this article applies unless
and until the on-site sewage system is approved and permitted by the
Health Department, and the construction shall comply with the requirements
of this article.
B.
No person shall install, construct, alter, repair or extend, or cause
to be installed, constructed, altered, repaired or extended, any on-site
sewage system in the County without first applying for and obtaining
a valid permit therefor in the name of a specific person or for a
specific location. Permits for installation, construction, alteration,
repair or extension of on-site sewage systems shall be issued by the
Health Department. In addition, no person shall materially change,
renovate, alter or remodel any structure served by an on-site sewage
system unless and until such is done in accordance with a valid health
permit or under written approval of the Health Department stating
such will not cause an increased loading on the sewage system.
C.
If, upon any inspection, the Health Department shall find any violation
of the provisions of a permit issued pursuant to an application filed
as provided in this section, the Department shall direct the person
to whom the permit was issued to make the necessary corrections within
a reasonable time.
D.
A permit issued as provided in this section may be revoked for failure
of the holder to comply satisfactorily with this chapter.
A.
On-site sewage systems shall be located only where approved by the
Health Department.
B.
Conditional permits shall not be issued for new construction applications
submitted after the date of adoption of this section unless specifically
authorized by the Frederick County Board of Supervisors.
C.
The use of alternative onsite discharging sewage treatment systems
(discharging systems) shall not be permitted for new residential applications
submitted after the date of adoption of this section. Approvals issued
prior to the adoption of this section may be honored.
D.
All structures constructed after the date of adoption of this section
and served by on-site sewage systems shall have a one-hundred-percent
reserve drainfield in addition to a primary drainfield. All requirements
pertaining to drainfields shall be as established by regulations of
the Virginia Department of Health.
A.
Installation license. No person shall install, repair or contract
to install or repair individual on-site sewage systems or parts thereof
without first obtaining an installation license from Frederick County
and the Department of Professional and Occupational Regulation (DPOR).
B.
Septic haulers permit. No person shall engage in the business of
cleaning septic tanks, settling tanks and/or vaults designed to hold
or retain solids and/or liquids in conjunction with any on-site sewage
system, by whatever name called, without first obtaining a septic
haulers permit from the Health Department and the Frederick County
Sanitation Authority. The septic tanks haulers permit shall be issued
by the Health Department upon written application and payment of a
permit fee, provided that the applicant gives evidence that he can
comply with the following requirements:
(1)
Equipment requirements. All vehicles used to transport sewage
shall meet the specifications outlined in the Commonwealth of Virginia
State Board of Health Sewage Handling and Disposal Regulations.
(2)
A copy of the septic haulers permit shall be carried in the
glove compartment of each vehicle operated.
(3)
Inspections. Any person or company engaging in the business
of cleaning septic tanks, settling tanks and/or vaults designed to
hold or retain solids and/or liquids in conjunction with any on-site
sewage disposal system must be inspected, including all vehicles,
annually by the Health Department.
A.
The Frederick County Board of Supervisors, after receiving a written
statement from the Health Department, may approve a permanent pump
and haul system permit if criteria such as the following is met:
(1)
The structure to be served is one of the following:
(2)
The Health Department has rejected an application for an on-site
sewage system otherwise permitted under this chapter, or an off-site
system;
(3)
All other options for a sewage system (i.e., off-site easement)
have been pursued and found unsatisfactory as evidenced by a denial
letter issued by the Health Department and/or documentation that a
neighboring property owner is uncooperative in giving an easement;
and
(4)
There shall be no additional bedrooms or bathrooms added to
the dwelling or structure as a result of the permitting of a permanent
pump and haul system.
B.
Upon making application and paying an application fee to Frederick
County for a permanent pump and haul system permit, the system owner
shall sign a statement giving permission to the employees of Frederick
County and the Health Department to conduct routine field inspections
of the system to ensure proper maintenance.
C.
On-site inspections shall be conducted a minimum of every three years
by the Health Department to ensure that all properties with pump and
haul system permits are in compliance with all state and local regulations.
D.
The property owner shall submit annual invoices of pump out every
year to the Health Department.
E.
Pump and haul system requirements. Pump and haul systems shall meet
the following specifications:
(1)
Pump and haul tanks are to be tanks of 1,500 gallons or greater
tanks with watertight access risers on both tanks extending to the
ground surface.
(2)
The second tank is to be fitted with an audio-visual alarm float
under the access riser and set to activate when the second tank is
1/2 full.
(3)
All connections are to be wired inside the dwelling and not
in a crawl space or other area which is not accessible.
(4)
The tanks and risers must be sealed by the contractor to assure
that they are watertight to prevent any infiltration.
F.
Violation of pump and haul system permits. If a property owner who
has been issued a permanent pump and haul system permit fails to adhere
to the conditions or requirements of the permit, including but not
limited to maintenance, inspections, and submission of annual invoices,
the Board of Supervisors may revoke said permanent pump and haul system
permit.
Any person who cleans any septic tank shall dispose of the sludge
and materials removed from such septic tank by depositing such sludge
and material in an approved water reclamation facility.
Should an existing sewage system cease to operate in a sanitary
manner or should alterations be required to provide safe and adequate
treatment, and the building or structure to be served is within 300
feet of an approved public sewer or a private sewer if available within
the Sewer and Water Service Area, the property owner shall connect
to the sewer. If the connection cannot be reasonably obtained, the
Board of Supervisors may authorize alterations to the existing sewage
system through a waiver.
A.
The Health Department may inspect any and all on-site sewage disposal
systems maintained at all premises in the County for the purpose of
determining if such system is being operated and maintained in a sanitary
manner. Such inspection shall be done at reasonable times and, whenever
practical, in the company of the owner or occupant of the premises.
B.
In addition, the Health Department or his authorized agent shall
make such inspections as may be deemed necessary during the construction
of any on-site sewage disposal system installed in the County to determine
compliance with the requirements of this chapter. No person shall
use, allow to be used or cause to be used, any system until after
the Health Department, Professional Engineer or AOSE has inspected
and approved the same in writing. No part of any system shall be covered
until it has been inspected and approved by the Health Department,
Professional Engineer or AOSE, and any such part which has been covered
prior to inspection shall be uncovered for inspection.
If, upon inspection, the Health Department shall find any violation
of this chapter or the provisions of any permit and/or licenses issued
under this chapter, the Department shall direct the owner or person
to whom the permit and/or license was issued, by written notice, to
make the necessary corrections within such reasonable period of time
specified.
Any alternative sewage system permitted under the provisions
of this chapter must comply with the following conditions and requirements:
A.
The installation and operation of any alternative on-site sewage
system must be approved by the Health Department as compliant with
this section and the applicable regulations of the Virginia Department
of Health.
B.
Prior to the issuance of an operation permit for any alternative
on-site sewage system, an agreement, in a form approved by the Health
Department, has been signed and recorded by the property owner in
the land records of the Office of the Clerk of the Circuit Court of
Frederick County. Such agreement shall, at a minimum:
(1)
Provide notice, including, without limitation, to subsequent
owners of the property, that the property is served by an alternative
on-site sewage system. The property owner's obligations under
such agreement shall run with the land and bind the property owner,
and the property owner's heirs, personal representatives, successors
and assigns. Said agreement shall be transferred with the title to
the property upon the sale or transfer of the land that is the subject
of the permit.
(2)
Impose installation, operation and maintenance conditions determined
by the Health Department or the Board of Supervisors, as applicable,
based on the maintenance requirements of such system, including, without
limitation, a requirement for a maintenance contract.
C.
The property owner annually by the anniversary date of such agreement
or as specified by the Code of Virginia shall procure an inspection
to ensure such system continues to operate as designed and in accordance
with this section and such agreement. Said inspection shall be performed
by an individual who is licensed or certified as being qualified to
operate, monitor, and maintain an alternative on-site sewage system.
D.
The property owner shall establish a contractual relationship with
an approved operator for the maintenance of such system and shall
provide the operator's name and license number to the Health
Department. The property owner shall maintain such relationship with
an approved operator at all times as long as the alternative on-site
sewage system is in operation.
E.
The property owner shall have inspections performed on the alternative
on-site sewage system as required by the maintenance contract and
the Health Department. The property owner shall also annually, within
30 days of the anniversary date of the recorded agreement, or such
longer period as may be permitted by the Health Department, file with
the Health Department a copy of the inspection report, in a form approved
by the Health Department, and repair or replace such system, as necessary,
to correct any deficiencies identified in the inspection report in
compliance with this section and the applicable regulations of the
Virginia Department of Health.
F.
The property owner shall keep at the property a copy of the operation
and maintenance log provided by the designated operator; said log
shall be provided to any future owner of the property.
G.
The property owner shall obtain approval of any modifications, alterations,
and expansions of such system that have been certified by a professional
engineer, from the Health Department.
H.
In the event of the failure of such system, as determined by the
operator or Health Department, the repair or replacement of such system
shall be subject to the applicable regulations of the Virginia Department
of Health or the State Water Control Board.
I.
The Health Department shall be permitted to enter the property to
inspect such system and to determine whether such system is installed,
operated and maintained in accordance with this section and such agreement.
J.
Failure to comply with the provisions of this section are violations
of this chapter subject to the penalties and other remedies provided
herein.
The County shall establish, set and charge such fees as it deems
necessary and reasonable to defray the cost of permits, licenses and/or
inspections as are required to be issued and/or conducted under this
chapter.
