[Adopted 9-16-1991; amended in its entirety 8-21-2001]
Warren County is deemed to have fragile hydrogeology
and to have the potential for depletion and contamination of water
sources and hazards to public health, safety and welfare. For the
purpose of promoting the health, safety and general welfare of the
general public, there is imposed upon all wells and sewage disposal
systems constructed or installed the standards as set forth hereafter
in this article.
As used in this article, the following words
shall have the meanings indicated:
The County Health Officer or his duly authorized representative,
the Environmental Health Specialist.
A single existing parcel upon which the owner or his agent
intends or desires to construct a structure for public or private
occupancy.
A Type I, II, III, IV sewage disposal system, an alternative
on-site sewage disposal system or an alternative discharging system
as those terms are defined by regulations promulgated by the Virginia
Department of Health.
An artificial excavation that derives water from the interstices
of the rocks or soil which it penetrates.
A.
The requirements of this article shall apply to any
property on which there is to be or are constructed or installed wells
and sewage disposal systems, and which is not served by a state-approved
central water system.
[Amended 11-20-2001]
B.
The requirements of this article shall apply to all new wells and sewage disposal systems, as applicable, which are permitted or approved, whether through a construction permit issued by the Warren County Health Department or through a certification letter issued by the Warren County Health Department after the effective date of this article and shall also apply to physical additions or expansions to existing sewage disposal systems. 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. Exceptions set forth in § 179-8E.
C.
Building contractors, plumbers, well diggers and well
drillers, or any person making installation and/or repairs to existing
installations, shall be responsible to the owners of lots for compliance
with this article.
It shall be unlawful to use or to allow to be
used or to rent or lease for use any well or sewage disposal system
to which this article applies unless and until such well or sewage
disposal system is approved and permitted by the Health Department
and the construction shall comply with the requirements of this article.
The Health Department is authorized to inspect
any well or sewage disposal system to which this article applies for
the purpose of ascertaining whether or nor such well or sewage disposal
system is installed properly and is operating satisfactorily.
If upon inspection the Health Department shall
find any violation of this article or the provisions of any permit
issued hereunder, it shall direct the person to whom the permit was
issued, by written notice, to make the necessary corrections within
such reasonable time as may be specified therein. Upon the failure
of the person to whom the permit was issued or such person's successor
in interest to comply with the terms of such notice, the Health Department
shall forthwith cause to be remedied the condition which is the subject
of such notice, and the expense incurred by the Health Department
in so doing shall be charged to the person to whom the permit was
issued or his successor in interest, to be collected by legal action
or in any other manner authorized by law.
The Health Department shall have the right to enter upon public or private premises for the purposes specified in §§ 179-5 and 179-6. Unless it appears probable that advance warning would defeat the purpose of such entry, occupants of private premises to be entered shall be given reasonable notice in advance, and in any case it shall be unlawful for any owner or occupant to prevent such entry which is sought to be made in compliance with law.
A.
All wells shall be properly located on the lot consistent
with the general layout, topography and surroundings, including abutting
lots.
B.
All wells shall be placed or drilled not less than
100 feet from any existing well or permitted well.
C.
All wells shall be placed or drilled not less than
100 feet from all existing or new drainfields and sewage disposal
systems. New wells are to be Class IIIB only, with 50 feet of casing
and 50 feet of grout.
D.
All sewage disposal systems shall meet the following
setback requirements:
[Amended 4-16-2013]
|
Table of Setback Distances
| ||
|---|---|---|
|
|
Location
|
Distance
(feet)
|
|
Well to drain field/absorption area
|
100
| |
|
Well to a well (new IIIB)
|
100
| |
|
Well to septic tank/pump chamber/other tanks
|
50
| |
|
Well to distribution box
|
100
| |
|
Well to building sewer
|
50
| |
|
Well to conveyance line
|
50
| |
|
Well to spring
|
100
| |
|
Well to cistern
|
20
| |
|
Spring to a drain field/absorption area
|
100 (spring is upslope)
200 (spring is downslope)
| |
|
Cistern to drain field/absorption area
|
100
| |
|
Sinkhole to a well
|
100 to the discernible edge
| |
|
Sinkhole to a drain field/absorption area
|
100 to the discernible edge
| |
|
Well to a discharge point
|
100 (well is upslope)
200 (well is downslope)
| |
|
Drain field/absorption area to a drainageway
|
50 from the low point
| |
E.
No repairs to or replacements of existing wells or
sewage disposal systems shall be drilled or placed closer to other
existing wells and sewage disposal systems or state standards, whichever
is lesser.
A.
Sewage disposal systems shall be located only where
permitted by the Health Department.
B.
All newly constructed structures served by sewage
disposal systems to which this section applies shall have a one-hundred-percent
reserve to drainfield in addition to a primary drainfield, which reserve
drainfield shall have the same soil requirements as the primary drainfield
areas, and shall be located not less than 100 feet from any existing
well or permitted well. All requirements pertaining to drainfields
shall be as established by regulations of the Virginia Health Department.
A.
For well and/or sewage disposal permits which have
expired, a permit holder may renew his permit within a period of one
year after the expiration date, provided that the renewed permit complies
with the current requirements of the Virginia Department of Health.
B.
No well and/or sewage disposal permit which has been
expired for a period of more than one year shall be renewed, and reissuance
of a permit in this case shall require that all current state and
County requirements are met, which shall include the provisions of
this article.
Any person, firm or corporation, whether a principal,
agent, employee or otherwise, who violates or causes or permits the
violation of any of the provisions of this article shall be guilty
of a misdemeanor. If the violation is found to be willful or deliberate
or is continued beyond a reasonable time allowed by the Health Department
or County Building Official for corrections, each day such violation
shall continue shall be considered a separate offense.
There shall be created a Board of Appeals empowered
to grant variances to the requirements of this article, as follows:
A.
The Board shall consist of three members, consisting of one member of the Board of Supervisors appointed by the Board of Supervisors, one member appointed by the Board of Supervisors who shall be a resident of and own real estate in an area to which this article is applicable under § 179-3 of this article and one member appointed by the Health Department. The initial term of office of the non-Supervisor member appointed by the Board of Supervisors shall end with the ending of the term of the Supervisor from such member's election district; thereafter, such member's term of office shall be only for the unexpired portion of the term. Members may be reappointed to succeed themselves. The Supervisor/member of the Board and the member appointed by the Health Department shall serve at the pleasure of the Board of Supervisors and the Health Department, respectively.
B.
The Board shall have the following powers and duties:
[Amended 10-16-2001]
(1)
To hear and determine appeals from any order, requirement,
decision or determination made by any person in the administration
or enforcement of this article. Such appeals shall be made only within
60 days from the date of such order, decision or determination.
(2)
To authorize upon appeal or original application in specific cases such variance or variances from the terms of this article as will not be contrary to the public interest, as set forth in § 179-1.
(3)
To determine the applicability of this article and
to determine whether or not any parcel of land is within the area
affected by this article.
Variances may be granted only as follows:
A.
Variances may be granted if a thorough investigation
reveals that the hardship, which may be economic, imposed by this
article outweighs the benefits that may be received by the public,
provided that the granting of such variance shall not subject any
member of the public to unreasonable health risks or jeopardize groundwater
resources.
B.
Any person seeking a variance shall apply in writing
to the Board. Such application shall be in writing and shall include:
(1)
A citation to the order, decision, determination or
regulation from which a variance is requested;
(2)
The nature and duration of the variance requested;
(3)
Any relevant analytical results, including results
of relevant tests conducted pursuant to the requirements of this article;
(4)
Statements or evidence why the public health and welfare,
as well as the groundwater resources, would not be degraded if the
variance were granted;
(5)
Suggested conditions that might be imposed on the
granting of a variance that would limit the detrimental impact on
the public health and welfare or groundwater resources;
(6)
Other information, if any, deemed pertinent by the
applicant; and
(7)
Such other information as the Board may require.
C.
The Board shall act on any variance request within
60 calendar days of receipt of the request. In the evaluation of a
variance application, the Board shall consider the following factors:
(1)
The effect and cost and other economic considerations
in granting a variance as opposed to not granting a variance;
(2)
The effect such variance would have on protection
of the public health;
(3)
The effect that such a variance would have on protection
of groundwater resources; and
(4)
Such other factors as the Board may deem appropriate.
D.
The Board may attach reasonable conditions consistent
with the intent of this article in granting variances.
E.
A denial of a variance, or an appeal from the terms
or conditions set forth in the variance, shall be made within 30 days
to the Circuit Court and not thereafter.
F.
All variances are transferable unless otherwise stated.
Each variance shall be attached to the permit to which it is granted.
Each variance is revoked when the permit to which it is attached is
revoked.
G.
No variance shall be authorized except after notice
and hearing as follows: Adjacent property owners to the property for
which the variance is sought shall be given notice, in writing, at
least 10 days prior to the hearing. Such notice shall inform such
adjacent property owners of the nature of the variance application
and shall inform such adjacent property owners of the time and the
place of the hearing for consideration of the variance application
and that persons affected may appear and present their views.
H.
All applications for a variance shall be accompanied
by a nonrefundable application fee in accordance with the current
fee schedule as adopted by the Board of Supervisors.
[Amended 7-25-2023]
I.
No variance shall be granted exempting an applicant
from the provisions of this chapter.
