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.
[Amended 4-27-2026]
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:
(a) 
An existing dwelling that has no indoor plumbing and is converting to indoor plumbing, or where an existing on-site sewage system has failed;
(b) 
An existing structure used as a place of worship;
(c) 
An existing school structure;
(d) 
An existing commercial structure; and
(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. Portable rest rooms operated for seasonal use as defined shall not be a permanent pump and haul system. 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.
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.