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.
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.