For the purpose of providing relief from pollution, and for the improvementof conditions affecting the public health, and in addition to other powersconferred by law, any locality shall have power and authority to:
1. Establish, construct, improve, enlarge, operate and maintain a sewagedisposal system with all the necessary sewers, conduits, pipelines, pumpingand ventilating stations, treatment plants and works, and other plants,structures, boats, conveyances and other real and personal property necessaryfor the operation of such system, subject to the approvals required by §62.1-44.19.
2. Acquire as permitted by § 15.2-1800, real estate, or rights or easementstherein, necessary or convenient for the establishment, enlargement,maintenance or operation of such sewage disposal system and the property, inwhole or in part, of any private or public service corporation operating asewage disposal system or chartered for the purpose of acquiring or operatingsuch a system, including its lands, plants, works, buildings, machinery,pipes, mains and all appurtenances thereto and its contracts, easements,rights and franchises, including its franchise to be a corporation, and havethe right to dispose of property so acquired no longer necessary for the useof such system. However, any locality condemning property hereunder shallrest under obligation to furnish sewage service, at appropriate rates, to thecustomers of any corporation whose property is condemned.
3. Borrow money for the purpose of establishing, constructing, improving andenlarging the sewage disposal system and to issue bonds therefor in the nameof the locality.
4. Accept gifts or grants of real or personal property, money, material,labor or supplies for the establishment and operation of such sewage disposalsystem and make and perform such agreements or contracts as may be necessaryor convenient in connection with the procuring or acceptance of such gifts orgrants.
5. Enter on any lands, waters and premises for the purpose of making surveys,borings, soundings and examinations for constructing and operating the sewagedisposal system, and for the prevention of pollution.
6. Enter into contracts with the United States of America, or any departmentor agency thereof, or any person, firm or corporation, or the governing bodyof any other locality, providing for or relating to the treatment anddisposal of sewage and industrial wastes.
7. Fix, charge and collect fees or other charges for the use and services ofthe sewage disposal system; and, except in counties which are not otherwiseauthorized, require the connection of premises with facilities provided forsewage disposal services. Water and sewer connection fees established by anylocality shall be fair and reasonable. Such fees shall be reviewed by thelocality periodically and shall be adjusted, if necessary, to assure thatthey continue to be fair and reasonable. Nothing herein shall affect existingcontracts with bondholders which are in conflict with any of the foregoingprovisions.
8. Finance in whole or in part the cost of establishing, constructing,improving or enlarging the sewage disposal systems authorized to beestablished, constructed, improved or enlarged by this section, in advance ofputting such systems in operation.
9. Fix, charge and collect fees and other charges for the use and services ofsanitary, combined and storm water sewers operated and maintained by anylocality. Such fees and charges may be fixed and collected in accordance withand subject to the provisions of § 15.2-2119.
10. Establish standards for the use and services of sanitary, combined andstormwater sewer systems, treatment works and appurtenances operated andmaintained by any locality, including but not limited to implementation ofapplicable pretreatment requirements pursuant to the State Water Control Law(§ 62.1-44.2 et seq.) and the federal Clean Water Act (33 U.S.C. § 1251 etseq.). Such sewer use standards may be implemented by ordinance, regulation,permit or contract of the locality or of the wastewater authority orsanitation district, where applicable, and violations thereof may be enforcedby the same subject to the following conditions and limitations:
a. No order assessing a civil penalty for a violation shall be issued untilafter the user has been provided an opportunity for a hearing, except withthe consent of the user. The notice of the hearing shall be served personallyor by registered or certified mail, return receipt requested, on anyauthorized representative of the user at least 30 days prior to the hearing.The notice shall specify the time and place for the hearing, facts and legalrequirements related to the alleged violation, and the amount of any proposedpenalty. At the hearing the user may present evidence including witnessesregarding the occurrence of the alleged violation and the amount of thepenalty, and the user may examine any witnesses for the locality. A verbatimrecord of the hearing shall be made. Within 30 days after the conclusion ofthe hearing, the locality shall make findings of fact and conclusions of lawand issue the order.
b. No order issued by the locality shall assess civil penalties in excess ofthe maximum amounts established in subdivision (8a) of § 62.1-44.15, exceptwith the consent of the user. The actual amount of any penalty assessed shallbe based upon the severity of the violations, the extent of any potential oractual environmental harm or facility damage, the compliance history of theuser, any economic benefit realized from the noncompliance, and the abilityof the user to pay the penalty, provided, however, that in accordance withsubdivision 10 d, a locality may establish a uniform schedule of civilpenalties for specified types of violations. In addition to civil penalties,the order may include a monetary assessment for actual damages to sewers,treatment works and appurtenances and for costs, attorney fees and otherexpenses resulting from the violation. Civil penalties in excess of themaximum amounts established in subdivision (8a) of § 62.1-44.15 may beimposed only by a court in amounts determined in its discretion but not toexceed the maximum amounts established in § 62.1-44.32.
c. Any order issued by the locality, whether or not such order assesses acivil penalty, shall inform the user of his right to seek reconsideration orreview within the locality, if authorized, and of his right to judicialreview of any final order by appeal to circuit court on the record ofproceedings before the locality. To commence an appeal, the user shall file apetition in circuit court within 30 days of the date of the order, andfailure to do so shall constitute a waiver of the right to appeal. Withrespect to matters of law, the burden shall be on the party seeking review todesignate and demonstrate an error of law subject to review by the court.With respect to issues of fact, the duty of the court shall be limited toascertaining whether there was substantial evidence in the record toreasonably support such findings.
d. In addition, a locality may, by ordinance, establish a uniform schedule ofcivil penalties for violations of fats, oils, and grease standards;infiltration and inflow standards; and other specified provisions of anyordinance (other than industrial pretreatment requirements of the State WaterControl Law (§ 62.1-44.2 et seq.) or federal Clean Water Act (33 U.S.C. §1251 et seq.). The schedule of civil penalties shall be uniform for each typeof specified violation, and the penalty for any one violation shall be acivil penalty of not more than $100 for the initial summons, not more than$150 for each additional summons and not more than a total amount of $3,000for a series of specified violations arising from the same operative set offacts. The locality may issue a civil summons ticket for a scheduledviolation. Any person summoned or issued a ticket for a scheduled violationmay make an appearance in person or in writing by mail to the treasurer ofthe locality prior to the date fixed for trial in court. Any person soappearing may enter a waiver of trial, admit liability and pay the civilpenalty established for the offense charged. If a person charged with ascheduled violation does not elect to enter a waiver of trial and admitliability, the violation shall be tried in the general district court in thesame manner and with the same right of appeal as provided for by law. In anysuch trial, the locality shall have the burden of proving by a preponderanceof the evidence the liability of the alleged violator. An admission ofliability or finding of liability under this section shall not be deemed anadmission at a criminal proceeding, and no civil action authorized by thissection shall proceed while a criminal action is pending.
e. This subdivision shall neither preclude a locality from proceedingdirectly in circuit court to compel compliance with its sewer use standardsor seek civil penalties for violation of the same nor be interpreted aslimiting any otherwise applicable legal remedies or sanctions. Each dayduring which a violation is found to have existed shall constitute a separateviolation, and any civil penalties imposed under this subdivision shall beapplied to the purpose of abating, preventing or mitigating environmentalpollution.
f. For purposes of enforcement of standards established under thissubdivision, "locality" shall mean the locality's director of publicutilities or other designee of the locality with responsibility foradministering and enforcing sewer use standards or, in the case of awastewater authority or sanitation district, its chief executive.
(Code 1950, § 15-739.1; 1950, p. 1610; 1954, c. 332; 1962, c. 623, §15.1-320; 1979, c. 181; 1991, c. 194; 1997, cc. 12, 587; 2010, c. 198.)
For the purpose of providing relief from pollution, and for the improvementof conditions affecting the public health, and in addition to other powersconferred by law, any locality shall have power and authority to:
1. Establish, construct, improve, enlarge, operate and maintain a sewagedisposal system with all the necessary sewers, conduits, pipelines, pumpingand ventilating stations, treatment plants and works, and other plants,structures, boats, conveyances and other real and personal property necessaryfor the operation of such system, subject to the approvals required by §62.1-44.19.
2. Acquire as permitted by § 15.2-1800, real estate, or rights or easementstherein, necessary or convenient for the establishment, enlargement,maintenance or operation of such sewage disposal system and the property, inwhole or in part, of any private or public service corporation operating asewage disposal system or chartered for the purpose of acquiring or operatingsuch a system, including its lands, plants, works, buildings, machinery,pipes, mains and all appurtenances thereto and its contracts, easements,rights and franchises, including its franchise to be a corporation, and havethe right to dispose of property so acquired no longer necessary for the useof such system. However, any locality condemning property hereunder shallrest under obligation to furnish sewage service, at appropriate rates, to thecustomers of any corporation whose property is condemned.
3. Borrow money for the purpose of establishing, constructing, improving andenlarging the sewage disposal system and to issue bonds therefor in the nameof the locality.
4. Accept gifts or grants of real or personal property, money, material,labor or supplies for the establishment and operation of such sewage disposalsystem and make and perform such agreements or contracts as may be necessaryor convenient in connection with the procuring or acceptance of such gifts orgrants.
5. Enter on any lands, waters and premises for the purpose of making surveys,borings, soundings and examinations for constructing and operating the sewagedisposal system, and for the prevention of pollution.
6. Enter into contracts with the United States of America, or any departmentor agency thereof, or any person, firm or corporation, or the governing bodyof any other locality, providing for or relating to the treatment anddisposal of sewage and industrial wastes.
7. Fix, charge and collect fees or other charges for the use and services ofthe sewage disposal system; and, except in counties which are not otherwiseauthorized, require the connection of premises with facilities provided forsewage disposal services. Water and sewer connection fees established by anylocality shall be fair and reasonable. Such fees shall be reviewed by thelocality periodically and shall be adjusted, if necessary, to assure thatthey continue to be fair and reasonable. Nothing herein shall affect existingcontracts with bondholders which are in conflict with any of the foregoingprovisions.
8. Finance in whole or in part the cost of establishing, constructing,improving or enlarging the sewage disposal systems authorized to beestablished, constructed, improved or enlarged by this section, in advance ofputting such systems in operation.
9. Fix, charge and collect fees and other charges for the use and services ofsanitary, combined and storm water sewers operated and maintained by anylocality. Such fees and charges may be fixed and collected in accordance withand subject to the provisions of § 15.2-2119.
10. Establish standards for the use and services of sanitary, combined andstormwater sewer systems, treatment works and appurtenances operated andmaintained by any locality, including but not limited to implementation ofapplicable pretreatment requirements pursuant to the State Water Control Law(§ 62.1-44.2 et seq.) and the federal Clean Water Act (33 U.S.C. § 1251 etseq.). Such sewer use standards may be implemented by ordinance, regulation,permit or contract of the locality or of the wastewater authority orsanitation district, where applicable, and violations thereof may be enforcedby the same subject to the following conditions and limitations:
a. No order assessing a civil penalty for a violation shall be issued untilafter the user has been provided an opportunity for a hearing, except withthe consent of the user. The notice of the hearing shall be served personallyor by registered or certified mail, return receipt requested, on anyauthorized representative of the user at least 30 days prior to the hearing.The notice shall specify the time and place for the hearing, facts and legalrequirements related to the alleged violation, and the amount of any proposedpenalty. At the hearing the user may present evidence including witnessesregarding the occurrence of the alleged violation and the amount of thepenalty, and the user may examine any witnesses for the locality. A verbatimrecord of the hearing shall be made. Within 30 days after the conclusion ofthe hearing, the locality shall make findings of fact and conclusions of lawand issue the order.
b. No order issued by the locality shall assess civil penalties in excess ofthe maximum amounts established in subdivision (8a) of § 62.1-44.15, exceptwith the consent of the user. The actual amount of any penalty assessed shallbe based upon the severity of the violations, the extent of any potential oractual environmental harm or facility damage, the compliance history of theuser, any economic benefit realized from the noncompliance, and the abilityof the user to pay the penalty, provided, however, that in accordance withsubdivision 10 d, a locality may establish a uniform schedule of civilpenalties for specified types of violations. In addition to civil penalties,the order may include a monetary assessment for actual damages to sewers,treatment works and appurtenances and for costs, attorney fees and otherexpenses resulting from the violation. Civil penalties in excess of themaximum amounts established in subdivision (8a) of § 62.1-44.15 may beimposed only by a court in amounts determined in its discretion but not toexceed the maximum amounts established in § 62.1-44.32.
c. Any order issued by the locality, whether or not such order assesses acivil penalty, shall inform the user of his right to seek reconsideration orreview within the locality, if authorized, and of his right to judicialreview of any final order by appeal to circuit court on the record ofproceedings before the locality. To commence an appeal, the user shall file apetition in circuit court within 30 days of the date of the order, andfailure to do so shall constitute a waiver of the right to appeal. Withrespect to matters of law, the burden shall be on the party seeking review todesignate and demonstrate an error of law subject to review by the court.With respect to issues of fact, the duty of the court shall be limited toascertaining whether there was substantial evidence in the record toreasonably support such findings.
d. In addition, a locality may, by ordinance, establish a uniform schedule ofcivil penalties for violations of fats, oils, and grease standards;infiltration and inflow standards; and other specified provisions of anyordinance (other than industrial pretreatment requirements of the State WaterControl Law (§ 62.1-44.2 et seq.) or federal Clean Water Act (33 U.S.C. §1251 et seq.). The schedule of civil penalties shall be uniform for each typeof specified violation, and the penalty for any one violation shall be acivil penalty of not more than $100 for the initial summons, not more than$150 for each additional summons and not more than a total amount of $3,000for a series of specified violations arising from the same operative set offacts. The locality may issue a civil summons ticket for a scheduledviolation. Any person summoned or issued a ticket for a scheduled violationmay make an appearance in person or in writing by mail to the treasurer ofthe locality prior to the date fixed for trial in court. Any person soappearing may enter a waiver of trial, admit liability and pay the civilpenalty established for the offense charged. If a person charged with ascheduled violation does not elect to enter a waiver of trial and admitliability, the violation shall be tried in the general district court in thesame manner and with the same right of appeal as provided for by law. In anysuch trial, the locality shall have the burden of proving by a preponderanceof the evidence the liability of the alleged violator. An admission ofliability or finding of liability under this section shall not be deemed anadmission at a criminal proceeding, and no civil action authorized by thissection shall proceed while a criminal action is pending.
e. This subdivision shall neither preclude a locality from proceedingdirectly in circuit court to compel compliance with its sewer use standardsor seek civil penalties for violation of the same nor be interpreted aslimiting any otherwise applicable legal remedies or sanctions. Each dayduring which a violation is found to have existed shall constitute a separateviolation, and any civil penalties imposed under this subdivision shall beapplied to the purpose of abating, preventing or mitigating environmentalpollution.
f. For purposes of enforcement of standards established under thissubdivision, "locality" shall mean the locality's director of publicutilities or other designee of the locality with responsibility foradministering and enforcing sewer use standards or, in the case of awastewater authority or sanitation district, its chief executive.
(Code 1950, § 15-739.1; 1950, p. 1610; 1954, c. 332; 1962, c. 623, §15.1-320; 1979, c. 181; 1991, c. 194; 1997, cc. 12, 587; 2010, c. 198.)
For the purpose of providing relief from pollution, and for the improvementof conditions affecting the public health, and in addition to other powersconferred by law, any locality shall have power and authority to:
1. Establish, construct, improve, enlarge, operate and maintain a sewagedisposal system with all the necessary sewers, conduits, pipelines, pumpingand ventilating stations, treatment plants and works, and other plants,structures, boats, conveyances and other real and personal property necessaryfor the operation of such system, subject to the approvals required by §62.1-44.19.
2. Acquire as permitted by § 15.2-1800, real estate, or rights or easementstherein, necessary or convenient for the establishment, enlargement,maintenance or operation of such sewage disposal system and the property, inwhole or in part, of any private or public service corporation operating asewage disposal system or chartered for the purpose of acquiring or operatingsuch a system, including its lands, plants, works, buildings, machinery,pipes, mains and all appurtenances thereto and its contracts, easements,rights and franchises, including its franchise to be a corporation, and havethe right to dispose of property so acquired no longer necessary for the useof such system. However, any locality condemning property hereunder shallrest under obligation to furnish sewage service, at appropriate rates, to thecustomers of any corporation whose property is condemned.
3. Borrow money for the purpose of establishing, constructing, improving andenlarging the sewage disposal system and to issue bonds therefor in the nameof the locality.
4. Accept gifts or grants of real or personal property, money, material,labor or supplies for the establishment and operation of such sewage disposalsystem and make and perform such agreements or contracts as may be necessaryor convenient in connection with the procuring or acceptance of such gifts orgrants.
5. Enter on any lands, waters and premises for the purpose of making surveys,borings, soundings and examinations for constructing and operating the sewagedisposal system, and for the prevention of pollution.
6. Enter into contracts with the United States of America, or any departmentor agency thereof, or any person, firm or corporation, or the governing bodyof any other locality, providing for or relating to the treatment anddisposal of sewage and industrial wastes.
7. Fix, charge and collect fees or other charges for the use and services ofthe sewage disposal system; and, except in counties which are not otherwiseauthorized, require the connection of premises with facilities provided forsewage disposal services. Water and sewer connection fees established by anylocality shall be fair and reasonable. Such fees shall be reviewed by thelocality periodically and shall be adjusted, if necessary, to assure thatthey continue to be fair and reasonable. Nothing herein shall affect existingcontracts with bondholders which are in conflict with any of the foregoingprovisions.
8. Finance in whole or in part the cost of establishing, constructing,improving or enlarging the sewage disposal systems authorized to beestablished, constructed, improved or enlarged by this section, in advance ofputting such systems in operation.
9. Fix, charge and collect fees and other charges for the use and services ofsanitary, combined and storm water sewers operated and maintained by anylocality. Such fees and charges may be fixed and collected in accordance withand subject to the provisions of § 15.2-2119.
10. Establish standards for the use and services of sanitary, combined andstormwater sewer systems, treatment works and appurtenances operated andmaintained by any locality, including but not limited to implementation ofapplicable pretreatment requirements pursuant to the State Water Control Law(§ 62.1-44.2 et seq.) and the federal Clean Water Act (33 U.S.C. § 1251 etseq.). Such sewer use standards may be implemented by ordinance, regulation,permit or contract of the locality or of the wastewater authority orsanitation district, where applicable, and violations thereof may be enforcedby the same subject to the following conditions and limitations:
a. No order assessing a civil penalty for a violation shall be issued untilafter the user has been provided an opportunity for a hearing, except withthe consent of the user. The notice of the hearing shall be served personallyor by registered or certified mail, return receipt requested, on anyauthorized representative of the user at least 30 days prior to the hearing.The notice shall specify the time and place for the hearing, facts and legalrequirements related to the alleged violation, and the amount of any proposedpenalty. At the hearing the user may present evidence including witnessesregarding the occurrence of the alleged violation and the amount of thepenalty, and the user may examine any witnesses for the locality. A verbatimrecord of the hearing shall be made. Within 30 days after the conclusion ofthe hearing, the locality shall make findings of fact and conclusions of lawand issue the order.
b. No order issued by the locality shall assess civil penalties in excess ofthe maximum amounts established in subdivision (8a) of § 62.1-44.15, exceptwith the consent of the user. The actual amount of any penalty assessed shallbe based upon the severity of the violations, the extent of any potential oractual environmental harm or facility damage, the compliance history of theuser, any economic benefit realized from the noncompliance, and the abilityof the user to pay the penalty, provided, however, that in accordance withsubdivision 10 d, a locality may establish a uniform schedule of civilpenalties for specified types of violations. In addition to civil penalties,the order may include a monetary assessment for actual damages to sewers,treatment works and appurtenances and for costs, attorney fees and otherexpenses resulting from the violation. Civil penalties in excess of themaximum amounts established in subdivision (8a) of § 62.1-44.15 may beimposed only by a court in amounts determined in its discretion but not toexceed the maximum amounts established in § 62.1-44.32.
c. Any order issued by the locality, whether or not such order assesses acivil penalty, shall inform the user of his right to seek reconsideration orreview within the locality, if authorized, and of his right to judicialreview of any final order by appeal to circuit court on the record ofproceedings before the locality. To commence an appeal, the user shall file apetition in circuit court within 30 days of the date of the order, andfailure to do so shall constitute a waiver of the right to appeal. Withrespect to matters of law, the burden shall be on the party seeking review todesignate and demonstrate an error of law subject to review by the court.With respect to issues of fact, the duty of the court shall be limited toascertaining whether there was substantial evidence in the record toreasonably support such findings.
d. In addition, a locality may, by ordinance, establish a uniform schedule ofcivil penalties for violations of fats, oils, and grease standards;infiltration and inflow standards; and other specified provisions of anyordinance (other than industrial pretreatment requirements of the State WaterControl Law (§ 62.1-44.2 et seq.) or federal Clean Water Act (33 U.S.C. §1251 et seq.). The schedule of civil penalties shall be uniform for each typeof specified violation, and the penalty for any one violation shall be acivil penalty of not more than $100 for the initial summons, not more than$150 for each additional summons and not more than a total amount of $3,000for a series of specified violations arising from the same operative set offacts. The locality may issue a civil summons ticket for a scheduledviolation. Any person summoned or issued a ticket for a scheduled violationmay make an appearance in person or in writing by mail to the treasurer ofthe locality prior to the date fixed for trial in court. Any person soappearing may enter a waiver of trial, admit liability and pay the civilpenalty established for the offense charged. If a person charged with ascheduled violation does not elect to enter a waiver of trial and admitliability, the violation shall be tried in the general district court in thesame manner and with the same right of appeal as provided for by law. In anysuch trial, the locality shall have the burden of proving by a preponderanceof the evidence the liability of the alleged violator. An admission ofliability or finding of liability under this section shall not be deemed anadmission at a criminal proceeding, and no civil action authorized by thissection shall proceed while a criminal action is pending.
e. This subdivision shall neither preclude a locality from proceedingdirectly in circuit court to compel compliance with its sewer use standardsor seek civil penalties for violation of the same nor be interpreted aslimiting any otherwise applicable legal remedies or sanctions. Each dayduring which a violation is found to have existed shall constitute a separateviolation, and any civil penalties imposed under this subdivision shall beapplied to the purpose of abating, preventing or mitigating environmentalpollution.
f. For purposes of enforcement of standards established under thissubdivision, "locality" shall mean the locality's director of publicutilities or other designee of the locality with responsibility foradministering and enforcing sewer use standards or, in the case of awastewater authority or sanitation district, its chief executive.
(Code 1950, § 15-739.1; 1950, p. 1610; 1954, c. 332; 1962, c. 623, §15.1-320; 1979, c. 181; 1991, c. 194; 1997, cc. 12, 587; 2010, c. 198.)
