HomeMy WebLinkAbout092-26 (Chapter161SewageDisposalAndSewers) ORDINANCE
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Action;
BOARD OF SUPERVISORS: May 13,2026 Adopted
TO AMEND CHAPTER 161
Article I—General Provisions; Definitions; Appeals
Part 101. General Provision
§161-101.02.Definition
Article I1.General Requirements and Maintenance of On-Site Sewage Systems
Part 201. On-Site Sewage Systems
§161-201.05 Permanent pump and haul systems
WHEREAS, a proposal to amend Chapter 161- Sewage Disposal and Sewers to consider clarifying how and
when portable restrooms can be utilizedd and not be classified as an illegal pump and haul. More specifically,
clarify allowances for seasonal and special event-related use for public or community spaces and events;and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this proposed ordinance
amendment on May 13, 2026;and
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors,that in the interest
of public health, safety, and general welfare,the amendment to Chapter 161 —Sewage Disposal and Sewers to
amend definitions and additional regulations for clarifying how and when portable restroorns can be utilized and
not be classified as an illegal pump and haul_ More specifically,clarify allowances for seasonal and special event-
related use for public or community spaces and events for specific uses for permanent pump and haul to include
performance standards is adopted.
This ordimmcc shall be in effect on the date of adoption.
Passed this 13°i day of May 2026 by the following recorded vote:
John F.Jewell,Chairman Absent Michael D. Guevrcmont Ayc
Albert L.Orndorff Aye Robert T.Liero Aye
Jason C.Aikens Aye Gary R. Oates Aye
Robert W.Wells Aye
A COPY ATTEST
Michael Bollhoefer
Frederick County Admin for
No.092-26
COL NTY of FREDERICK
Department of Planning and Development
5401665-5651
Fax: 5401565-6395
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: Mark R. Cheran, Zoning and Subdivision Administrator
RE: Frederick County Code Chapter 161 Section (s) 101.02& 201.05
DATE: April 27,2026
This is a request by the Lake Holiday Country Club Inc. to allow for the use of temporary toilets
(porta toilets) within the Lake Holiday community. This proposed change to Chapter 161 will
affect sporting events, festivals and fairs, community activities, community trails, and Frederick
County Parks and Recreation activities.
BACKGROUND: Frederick County updated Chapter 161 in 2010, this update required the
County to review and approve all pump and haul systems. These systems are to be permanent
systems. The strict application of Chapter 161 does allow for temporary toilets for any of the
above-referenced activities. The use of temporary toilets is only allowed at active construction
sites and approved special event centers via an approved Condition Use Permit.
The above-referenced activities could be treated as a seasonal use with the proposed changes to
Chapter 161 Section(s) 101.02&201.05,as noted in the proposed text below.
PROPOSED CHANGES TO CHAPTER 161:
§161-101.02. Definitions
Seasonal Use.Any use that is no longer than six(6)months. To include sporting events,festivaiv
and fairs, community activities, commun ty facilities such as picnic areas, parks, or
playgrounds,and Frederick County Parks and Recreation activities.
§161-201.05. Permanent pump and haul systems
Subsection (E)Portable restrooms operated far seasonal use as defined shall not be a permnant
pump and haul system.
STAFF CONCLUSIONS: Staff is seeking a recommendation from the Board of
Supervisors regarding the Frederick County Code Chapter 161 Section (s) 101.02& 201. 05.
County of Frederick,VA
$ 161-101.02. Definitions.
A. Definitions of terms contained in this chapter shall be those given in the Virginia State Board
of Health Sewage Handling and Disposal Regulations, 12 Virginia Administrative Code,
Agency 5, Chapter 610 (12 VAC 5-610-10 et seq.) and the Virginia State Board of Health
Alternative Discharging Sewage Treatment Regulations for Individual Single Family
Dwellings, 12 Virginia Administrative Code, Agency 5, Chapter 640 (12 VAC 5-640-10 et
sail.).
B. The following definitions shall apply for additional terms contained in this chapter:
ALTERNATIVE DISCHARGING SEWAGE TREATMENT SYSTEM or DISCHARGING
SYSTEM—Any device or system which results in a point source discharge of treated sewage
for which the Health Department or the Virginia Department of Environmental Quality may
issue a permit authorizing construction and operation when such system is regulated by the
State Water Control Board pursuant to a general Virginia Pollutant Discharge Elimination
System permit issued for an individual single-family dwelling or a multifamily dwelling with
flows less than or equal to 1,000 gallons per day. Such system is designed to treat sewage
from a residential source and dispose ofthe effluent by discharging it to an all-weather stream,
an intermittent stream,a dry ditch,or other location.
ALTERNATIVE ON-SITE SEWAGE SYSTEM or ALTERNATIVE ON-SITE SYSTEM
—A treatment works that is not a conventional on-site sewage system and does not result in
a point source discharge.
ALTERNATIVE ON-SITE 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 on-site sewage systems, to certify in
accordance with applicable state regulations and local ordinances that sites are suitable for
conventional and alternative on-site sewage systems, and to design conventional and
alternative on-site sewage systems suitable for the soils.
CONVENTIONAL ON-SITE SEWAGE DISPOSAL SYSTEM — A treatment works
consisting of one or more septic tanks with gravity, pumped, or siphoned conveyance to a
gravity distributed subsurface drainfield..
HEALTH DEPARTMENT—The Virginia Department of Health(Frederick County Office)
and its authorized employees and agents.
ON-SITE SEWAGE DISPOSAL SYSTEM—Any treatment works design for the storage,
treatment, disposal, discharge, or reclamation of sewage or combinations of sewage and
industrial wastes,other than through use of a sanitary sewer system.
PUMP AND HAUL SYSTEM — Any device or system in which a sewage holding tank
is pumped out on a regular basis and the raw sewage is transported by motor vehicle by a
contractor having a valid sewage handling permit to an authorized treatment plant. The term
"pump and haul" includes all facilities and appurtenances necessary to collect and store the
sewage for handling by a contractor having a valid sewage handling permit.
SEASONAL USE —Any use that is no longer than six 6 months.To includesporting
events, festivals and fairs, community activities, community facilities such as picnic
areas,narks,,or playgrounds, and Frederick County Parks and Recreation activities.
TREATMENT WORDS —Any device or system used in the storage, treatment, disposal,
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discharge, or reclamation of sewage or combinations of sewage and industrial wastes,
§ 161-101.02 § 161-101.02
including but not limited to pumping,power,and other equipment and appurtenances,septic
tanks,and any works, including land,that are or will be
(1) An integral part of the treatment process;or
(2) Used for ultimate disposal of residues or effluents resulting from such treatment.
§ 161-201.05. Permanent pump and haul systems.
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 restrooms operated for seasonal use as
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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.
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