054-09a r
Cr
BOARD OF SUPERVISORS
RESOLUTION RE: REQUEST FOR GUBERNATORIAL ACTION REGARDING
HB 1788 AND SB 1276 WHICH SUBSTANTIALLY PRE -EMPTS LOCALITIES'
ABILITY TO REGULATE ALTERNATIVE ON -SITE SEPTIC SYSTEMS
WHEREAS, the Virginia General Assembly, during the 2009 Session, considered legislation
regarding the pre - emption of local regulation of the installation and maintenance of alternative
on -site sewage systems (AOSS); and
WHEREAS, the General Assembly enacted HB 1788 and SB 1276, which substantially pre-
empt local regulation even though no adequate State Health Department regulations are in place
to protect the public health, safety, and welfare; and
WHEREAS, this Board finds such legislation to be premature.
NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors
does hereby oppose the recently enacted HB 1788 and SB 1276, and directs staff to send a letter
to the Governor requesting him to veto or take other appropriate action with respect to HB 1788
and SB 1276.
Approved this 25 day of March, 2009.
VOTE:
Richard C. Shickle Aye Gene E. Fisher Aye
Bill M. Ewing Aye Philip A. Lemieux Aye
Gary W. Dove A y e Gary A. Lofton Aye
Charles S. DeHaven, Jr. Aye
R. Riley, Jr., Clerk
Fre erick County Board of Supervisors
Resolution #054 -09
COUNTY of FREDERICK
Board of Supervisors
540/665 -5666
_ I77t
540/667 -0370 fax
Richard C. Shickle - Chairman
Bill A Ewing - Vice Chairman
Opequon District
Gary A. Lofton
Back Creek District
March 25, 2009
The Honorable Timothy M. Kaine
Governor of Virginia
P.O. Box 1475
Richmond, VA 23218
RE: HB 1788 and SB 1276 — Regulation of Alternative On -Site Septic Systems
Dear Governor Kaine:
Gary W. Dove
Gainesboro District
Gene E. Fisher
Shawnee District
Philip A. Lemieux
Red Bud District
Charles S. DeHaven, Jr
Stonewall District
The Frederick County Board of Supervisors respectfully requests that you veto or take other
appropriate action to prevent enactment of HB 1788 and SB 1276. This legislation pre -empts
local ordinances regulating the installation and maintenance of alternative on -site septic systems
otherwise available in § 15.2 -2157 of the Code of Virginia, 1950, as Amended.
Alternative on -site septic systems can be effective; however, such systems have failed at a higher
rate than conventional systems; therefore, proper selection of a system, installation, and
maintenance are critical. When failures occur local governments shoulder the clean-up costs
using local tax dollars. Removing this local authority when no State regulations have been
developed or tested risks adversely affecting the public health.
Although the State Board of Health permits alternative on -site septic systems, it has not yet
adopted regulations regarding maintenance of said systems, nor has it adopted licensure
requirements for installers; therefore, this legislation anticipates action by the Board of Health
which has not yet occurred. HB 1788 and SB 1276 presume that localities should have no
authority once State regulations are adopted.
Failure of alternative on -site systems poses a problem for the homeowner, as well as larger
public health and environmental issues. Concern about the higher rate of failure has caused
some Virginia localities to adopt maintenance standards and to limit the systems used in their
area. Legislation, which pre -empts local regulations regarding these systems when there is no
effective State oversight, is simply irresponsible.
107 North Kent Street • Winchester, Virginia 22601
Thank you in advance for your consideration of our request that you forestall enactment of this
legislation so that localities can retain their authority to protect their citizens and the public
- health.
Sincerely,
ti.
Richard C. Shickle, Chairman
Frederick County Board of Supervisors
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