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032-09Action: BOr"��.D OF SUPERVISORS: October 14, 2009 x APPROVED DENIED RESOLUTION Directing the Planning Commission to Hold a Public Hearing Regarding an Ordinance Amendment to Chapter 161 to Implement Enhancements to the Existing Heaith System Requirements WHEREAS, the Frederick County Planning Department has been directed to prepse revisions to Chapter 161 — Sewage Disposal Systems, Water and Sewers to address the recommendations commendations contained within the Rural Areas Report and Recommendations which was adopted by the Board of Supervisors on Agril 22, 2009; and, WHEREAS, The Development Review and Regulations Committee (DRRC) discussed the draft ordinance on August 27, 2009 and recommended it be sent to the Planning Commission; and WHEREAS, the Planning Commission discussed the draft ordinances on September 16, 2009; and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that it is in the public necessity, convenience, general welfare, and good planning practice, to direct the Frederick County Planning Commission hold a public hearing regarding implementation to the existing health system requirements; and NOW, THEREFORE, BE TT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing regarding an Ordinance Amendment to Chapter 161 to implement the recommendations commendations contained within the Rural Areas Report and Recommendations applicable to on -site private residential health systems, and forward a recommendation to the Board of Supervisors. Passed this 14th day of October, 2009 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary W. Dove Aye Bill M. Ewing Absent Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTE T �� Jo . R.iley, Jr: Frederick County Administrator BOS Res. 4032 -09 0 COUNTY of FREDERICK Department of Planning and Development MEMORANDUM FAX: 540/ 665 -6395 To: Frederick County Board of Supervisors , From: Candice E. Perkins, AICP, Senior Planner �"' Subject: Discussion— Health System /Sewage Disposal Ordinance Date: October 6, 2009 On Apri122, 2009, the Board of Supervisors approved the Rural Areas Report and Recommendation as a policy component of the Comprehensive Policy Plan. This report contained recommendations from the Rural Areas Subcommittee, which was a group created by the Board of Supervisors. The Subcommittee was charged with identifying growth and development trends and related issues in the rural areas of the County, gathering ideas to address those issues and forwarding a recommendation for resolution to the Board of Supervisors. One of the recommendations contained within the report was to revise the health system requirements. This item is presented for discussion. Staff is seeking comments and direction from the Board of Supervisors on this Zoning Ordinance text amendment The report recommended the following enhancements to the existing health system requirements �'" applicable to on -site private residential health systems: • Increase the reserve drainfield area to 100 percent. The current regulations require a 50 percent reserve area, which does not enable a homeowner to fully replace a failed health system. • Continue to allow health systems that meet the Virginia Department of Health (VDH) General Approval requirements. Prohibit health systems that are permitted through the Provisional and Experimental Approval process. • Prohibit the use of Discharge Health Systems, and require Board of Supervisors approval for Pump- and -Haul permits. • Support Operation and Maintenance Requirements for alternative health systems. Staff has prepared a revision to Chapter 16l (Sewage Disposal Systems, Water and Sewers) to address the recommendations contained in the Rural Areas Report, as well as to update various portions of the chapter. These draft changes have been reviewed by the Health Department on various occasions and they are satisfied with the proposed. changes. Proposed changes are as follows: • Complete revision of Article I (Septic Tanks) o Broken up into two articles; new purpose section and definitions section created and placed in Article I. o Revised section regarding when a permit is required by the Health Department. o Requirements of onsite sewage systems — Prohibits the use of conditional approvals, discharging systems, and requires a l 00 %reserve drainfield area. 107 North Kent Street, Suite 202 •Winchester, Virginia 22601 -5000 Frederick County Board of Supervisors Re: Health System/Sewage Disposal Ordinance Page 2 October 6, 2009 w o License Requirements —New section would require anyone installing or repairing systems or hauling sewage to obtain an Installation License or Septic Haulers Permit from Frederick County. o Permanent pump and haul systems —New section that states that the Board of Supervisors may issue pump and haul permits based on specific criteria, and requires that these systems be inspected. o Replacement or repair of onsite systems — Requires property owners within 300 feet of a public or private sewer system to connect to that system when their system ceases to operate in a sanitary manner or requires major alterations. o Maintenance requirements for alternative onsite sewage systems —New section that requires maintenance for alternative systems. New requirement for agreements to be executed between the property owner and the Health Department (that must be recorded). This section outlines inspection requirements, requirements that the inspection reports be provided to the Health Department, modification procedures and a noncompliance statement. Revision to the Violations and Penalties Section (Article III) o New Article VI and titled Enforcement, Violations and Penalties. o Institutes civil penalties for violations of the maintenance requirements for alternative systems. The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on August 27, 2009. The DRRC requested minor changes to the draft chapter and recommended it be sent to the Planning Commission for further discussion. Since the DRRC meeting, the chapter has been revised to address the DRRC comments as well as minor revisions requested by the Health Deparhnent. Planning Commission Discussion The Planning Commission discussed this item at their September 16, 2009 meeting. Commissioners discussed the provisions for requiring property owners with failing systems to connect to public sewer systems if they are within 300 feet of the public system. Staff explained that a provision was added that allowed the Board of Supervisors to waive this requirement when connection is not possible. Commissioners were concerned over the reserve drainfield increase from 50 percent to 100 percent and how it would affect existing lots. Staff informed the Commission that existing lots that did not have an approved system would have to conform to the new standards. Commissioners also briefly discussed the civil penalties included in the proposed ordinance amendment. If adopted, additional steps that would be necessary to implement this ordinance would include the creation of a fee schedule with the Health Department and an amendment to the Local Government Agreement with the Health Department. This item is presented for discussion. Staff is seeking comments and direction from the Board of Supervisors on this Zoning Ordinance tent amendment; attached is a resolution directing the item to public hearing should the Board deem it appropriate. Attachments: 1. Revised ordinance with additions shown in bold italics and deletions shown with a strikethrough (Chapter 161). 2. Resolution CEP/bad DRAFT REVISIONS TO CHAPTER 161 Chapter 161 Sewage Disposal �••� * °^� °, � "�-• * °� and Sewers Article I Part 101 - General Provisions § 161 - 101.01 Purpose and Intent. § 161 - 101.02 Definitions . ARTICLE 11 Port 201 - Onsite Sewage Systems § 161 - 201.01 § 161 - 201.02 § 161 - 201.03 § 161 - 201.04 § 161 - 201.05 § 161 - 201.05 § 161 - 201.07 § 161 - 201.08 § 161 - 201.09 § 161- 201.10 § 161 - 201.11 ARTICLE Ill Applicability. Health Department Approval; permit�eg, Requirements of onsite sewage s sy terns• License Requirements. Permanent pump and haul systems. � _ �,�: § 161 - 301.01 Purp�'o §-�-€r § 161 - 301.02 Discha §�-� § 161 - 301.03 sanitary sewer. Disposition of wastewater from plumbing fixtures. ARTICLE IV Part 401 - Violations and Penalties §gq1��6..��1 -pp401.01 Maintenance of Alternative Onsite Sewage Systems, civil penalties. �"ye § 161 - 401.02 Violations and Penalties. 1 Article l Part 101 - General Provisions § 161 - 101.01 Purpose and intent. DRAFT REVISIONS TO CHAPf ER 161 Frederick County is deemed to have fragile hydrogeology and to have the potential for depletion and contamination of water sources and the potential for hazards to public health safety and welfare as a result. For the purpose of promoting the health sofetV and welfare of the General public there is not a conventional onsite sewage system and does not result in a point source discharge ALTERNATIVE ONSITE SOIL EVALUATOR (ROSE) - A person licensed by the Department of Professional and Occupational Regulation (DPOR) to evaluate soils and soil properties in relationship to the effect of these properties on the use and management of these soils as the locations for conventional and alternative onsite sewage systems to certify in accordance with applicable state regulations and local ordinances hat sites are suitable for conventional and alternative onsite sewaae systems and to design conventional and alternative onsite sewaae systems suitable for the soils DRAFT REVISIONS TO CHAPTER 161 CONVENTIONAL ONSITE SEWAGE DISPOSAL SYSTEM — A treatment works consisting of one ormore sepitc tnks with gravity pumped or siphoned conveyance to a gravity distributed subsurface drain field. HEALTH DEPARTMENT- The Virginia Department of Health (Frederick County Office) and its authorized employees and agents. AGE DISPOSAL SYSTEM than through use of a sanitary sewer system. HAUL SYSTEM — �l having a valid sewage handling permit.. or 3 n DRAFT REViSfOlVS TO CHAPTER 161 ARTICLE 11 Part 201 - Qnsite Sewage Systems § 161 - 201.01 Applicability A. The requirements of this article shall apply to any property where an Qnsite 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. e. The requirements of this artic {e shat! apply to a/1 new sewage disposa! 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 dote 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. § 161 - 201.02 Health Department approval; permit required. A. It shall be unlawful to use, to allow to be used, to rent or lease for use any Qnsite sewage system to which this article applies unless and until Qnsite sewage system is approved and permitted by the Health Department and the construction shall camply 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 Qnsite sewage system in the County without first applying for and obtaining a valid permit therefore in the name of a specific person or for a specific location Permits for installation, construction, alteration, repair or extension of Qnsite sewage systems shall be issued by the Health Department In addition no person shall materially chance renovate, alter or remodel any structure served by an Qnsite 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 laadina an the sewage system. C. urr►r. D. A permit issued as provided in this section may be revoked for failure of the holder to comply satisfactorily with this Chapter. § 161 - 201.03 Requirements of Qnsite sewage systems. A. Onsite sewage systems shall be located only where approved by the Health Department. DRAFT REVISIONS TO CHAPTER 161 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 maybe honored D. All structures constructed after the dote of adoption of this section and served by onsite sewage systems shall have none- hundred - percent- reserve drainfield in addition to a primary drainfield which reserve drainfield shall have the same disposal requirements as the primary drainfield areas All requirements pertaining to drainfields shall be as established by regulations of the Virginia Department of Health. § 161 - 201.04 License requirements. A. Installation License. No person shall install, repair or contract_to in_stall_or repair individual onsite sewage systems or parts thereof without first obtaining an installation license from Frederick County and the Department of Professional and Occupational Regulation (DPORI. B. Septic Haulers Permit. No person shall engage in the business of cleaning septic tanks settling tanks and /or vaults designed to hold ar retain solids and /or liquids in coniunction with any onsite 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: o) The tank into which sewage is pumped or delivered -and carried is to be fully watertight; - b) All inlets and outlets to such tanks shall be fully enclosed�and provided watertight valves; -° c) Suction and discharge hoses shall be watertight and provisions shall be made for `�: carrying such hoses in a manner that will prevent any spillage or leakage; dJ All exposed surface shall be maintained in a clean and sanitary condition by frequent washing; e) The name and address of the person owning or operating such equipment and the Lord Fairfax Health District hauling permit number shall be painted on the vehicle in letters at least four inches high so as to be visible from either side of the vehicle; and fJ A_ copy of the Septic Haulers Permit shall be carried in the glove compartment of each vehicle operated. 2) 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 onsite sewage disposal system must be inspected, including all vehicles, annually by the Health Department. DRAFT REVl560NS TO CHAPTER 161 § 161- 2Q1.05 Permanent pump and haul systems A. The Frederick County Board of Supervisors after receivina a written statement from the Health Department, may approve a permanent pump and haul system permit for increments three nears if all the followina criteria is met• 1. The structure to be served is one of the followina• a. An existing occupied dwelling that has no indoor plumbina and is converting to ._ e. c. indoor plumbina, or where an existing onsite sewage system has failed- E Pump and haul system requirements Pump and haul systems shall meet the following specifications: 1. Pump and haul tanks are to be 1500 gallon or greater tanks with watertight access risers on both tanks extending to the around surface 2. The second tank is to be fitted with an auto- visual alarm float under the access riser and set to activate when the second tank is one -half full 3. All connections are to be wired inside the dwelling and not in a crawl space or other area which is not accessible. DRAFT REVlStQNS TO CHAPTER 161 4. The tanks and risers must be sealed bar the contractor to assure that they are watertight to prevent vny infiltration. 161- 201.06 Disposition of materials removed during cleaning. Anv person who cleans any septic tank shall dispose of the sludcre and materials removed from such septic tank by depositing such sludge and material in an approved Water Reclamation Facility. § 161- 201.07 Replacement or repair of onsite systems within 300 feet of a sanitary sewer. 161 - 201.10 Maintenance requirements for alternative onsite sewage systems Anv 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 onsite sewage system must be approved by the Health Department as compliant with this section and the applicable regulations of the Virginia Department of Health. 7 DRAFT REVIS10N5 TO CHAPTER 161 8. Prior to the issuance of an operation permit for any alternative onsite sewaae system an agreement, in a form approved by the Health Department has been signed and recorded by ... the proderty owner in the land records of the Office of the Clerk of the Circuit Court of Frederick County. Such agreement shall, at a minimum: C. D. E. 1_ Provide notice, including, without limitation, to subsequent owners of the property that the property is served by an alternative onsite sewaae system. The property owner's obligations under such agreement shall run with the land and bind the 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 Obta %n apprOVal of any modifiCOtlORS alterations, and expansions of such system that have been certified by a professional engineer from the Health Department DRAFT REV15 /ONS TO CHAPTER 16I H. In the event of the failure of such system, as determined by the operator or Health Department reaulations of the repair or replacement the Urainia Department of such system sha11 be subject to the applicable of Health or the State Water Control Board. 1. 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 ordinance subject to the penalties and other remedies provided herein. § 161 - 201.11 Fees. The this chapter. E DRAFT REVISIONS TO CHAPTER 161 �ib1 -��1�� ����s#ess�e�►al- Fe�a�i��efla�ee; � ^,:+ .� .tea .. 10 ©RAfT REVISIONS TO CHAPTER 161 ARTICLE 111 11 - -� +.. +h., lJ.,,I +h Il£�, -..� t.. h� .- ,IFf:a.,l +., ., ..-F, F,..�7r,o�.- �_ ARTICLE 111 11 DRAFT REV/Sf011lS TO CHAPTER 161 ARTICLE VI Port 401 - Enforcement, Violations and Penalties 161- 401.01 Maintenance of alternative onsite sewage systems civil penalties A. In accordance with § 15.2 -2157 of the Code of Virainia the owner of property on which is located remedies as provided by law. Desianation of these particular ordinance violations for a civil penalty are in lieu of criminal pens /ties except for any violation that contributes to or is likely to contribute to the pollution of public or private water supplies or the contraction or spread of in }ectious contoaious, and dangerous diseases. The Health Department moy issue a civil summons ticket as provided by law for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mai! to the Treasurer of Frederick County Virainia prior to 12 DRAF7" REV15101VS TO CHAPTER 161 the date frxed for trial in court Any person so appearina may enter a waiver of trial admit l�ab�lity and pay the civil penalty established for the offense charaed /f a person charaed with a scheduled violation does not elect to enter a waiver of trio! and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law In ony aria/ for a scheduled violation the locality shall have the burden of proving by a preponderance of the evidence the liability of the alleged violator An admission of liability or finding of liability under this section shat! not be deemed an admission at a criminal proceeding. t C. 13