§ 15.2-2157. Onsite sewage systems when sewers not available; civil penalties.
A. Any locality may require the installation, maintenance and operation of,regulate and inspect onsite sewage systems or other means of disposing ofsewage when sewers or sewerage disposal facilities are not available; withoutliability to the owner thereof, may prevent the maintenance and operation ofonsite sewage systems or such other means of disposing of sewage when theycontribute or are likely to contribute to the pollution of public or privatewater supplies or the contraction or spread of infectious, contagious anddangerous diseases; and may regulate and inspect the disposal of humanexcreta.
B. Any locality that (i) has a record of the location of alternative onsitesewage systems; (ii) has notified owners of their maintenance responsibilityfor such systems; and (iii) has a method to identify property transfer mayadopt an ordinance establishing a uniform schedule of civil penalties forviolations of specified provisions for the operation and maintenance ofalternative onsite sewage systems, as defined in § 32.1-163, that are notabated or remedied within 30 days after receipt of notice of violation fromthe local health director or his designee. No civil action authorized underthis section shall proceed while a criminal action is pending.
This schedule of civil penalties shall be uniform for each type of specifiedviolation, and the penalty for any one violation shall be a civil penalty ofnot more than $100 for the initial summons and not more than $150 for eachadditional summons. Each day during which the violation is found to haveexisted shall constitute a separate offense. However, specified violationsarising from the same operative set of facts shall not be charged morefrequently than once in any 10-day period, and a series of specifiedviolations arising from the same operative set of facts shall not result incivil penalties exceeding a total of $3,000. If the violation is not abatedafter the imposition of the maximum fine, the locality may pursue otherremedies as provided by law. Designation of a particular ordinance violationfor a civil penalty pursuant to this section shall be in lieu of criminalpenalties, except for any violation that contributes to or is likely tocontribute to the pollution of public or private water supplies or thecontraction or spread of infectious, contagious, and dangerous diseases.
The local health director or his designee may issue a civil summons ticket asprovided by law for a scheduled violation. Any person summoned or issued aticket for a scheduled violation may make an appearance in person or inwriting by mail to the department of finance or the treasurer of the localityprior to the date fixed for trial in court. Any person so appearing may entera waiver of trial, admit liability, and pay the civil penalty established forthe offense charged.
If a person charged with a scheduled violation does not elect to enter awaiver of trial and admit liability, the violation shall be tried in thegeneral district court in the same manner and with the same right of appealas provided for by law. In any trial for a scheduled violation, the localityshall have the burden of proving by a preponderance of the evidence theliability of the alleged violator. An admission of liability or finding ofliability under this section shall not be deemed an admission at a criminalproceeding.
This section shall be not interpreted to allow the imposition of civilpenalties for activities related to land development.
C. When sewers or sewerage disposal facilities are not available, a localityshall not prohibit the use of alternative onsite sewage systems that havebeen approved by the Virginia Department of Health for use in the particularcircumstances and conditions in which the proposed system is to be operating.
D. A locality shall not require maintenance standards and requirements foralternative onsite sewage systems that exceed those allowed under orestablished by the State Board of Health pursuant to § 32.1-164.
E. The State Health Commissioner shall require, as a precondition to theissuance of an alternative onsite sewage system permit pursuant to § 32.1-164to serve a residential structure, that the property owner record aninstrument identifying by reference the applicable maintenance regulationsfor each component of the system in the land records of the clerk of thecircuit court in the jurisdiction where all or part of the site or proposedsite of the onsite sewage system is to be located, which shall be transferredwith the title to the property upon the sale or transfer of the land that isthe subject of the permit.
(Code 1950, § 15-77.20; 1958, c. 328; 1962, c. 623, § 15.1-856; 1997, c. 587;2005, c. 814; 2007, c. 924; 2009, cc. 786, 846.)
§ 15.2-2157. Onsite sewage systems when sewers not available; civil penalties.
A. Any locality may require the installation, maintenance and operation of,regulate and inspect onsite sewage systems or other means of disposing ofsewage when sewers or sewerage disposal facilities are not available; withoutliability to the owner thereof, may prevent the maintenance and operation ofonsite sewage systems or such other means of disposing of sewage when theycontribute or are likely to contribute to the pollution of public or privatewater supplies or the contraction or spread of infectious, contagious anddangerous diseases; and may regulate and inspect the disposal of humanexcreta.
B. Any locality that (i) has a record of the location of alternative onsitesewage systems; (ii) has notified owners of their maintenance responsibilityfor such systems; and (iii) has a method to identify property transfer mayadopt an ordinance establishing a uniform schedule of civil penalties forviolations of specified provisions for the operation and maintenance ofalternative onsite sewage systems, as defined in § 32.1-163, that are notabated or remedied within 30 days after receipt of notice of violation fromthe local health director or his designee. No civil action authorized underthis section shall proceed while a criminal action is pending.
This schedule of civil penalties shall be uniform for each type of specifiedviolation, and the penalty for any one violation shall be a civil penalty ofnot more than $100 for the initial summons and not more than $150 for eachadditional summons. Each day during which the violation is found to haveexisted shall constitute a separate offense. However, specified violationsarising from the same operative set of facts shall not be charged morefrequently than once in any 10-day period, and a series of specifiedviolations arising from the same operative set of facts shall not result incivil penalties exceeding a total of $3,000. If the violation is not abatedafter the imposition of the maximum fine, the locality may pursue otherremedies as provided by law. Designation of a particular ordinance violationfor a civil penalty pursuant to this section shall be in lieu of criminalpenalties, except for any violation that contributes to or is likely tocontribute to the pollution of public or private water supplies or thecontraction or spread of infectious, contagious, and dangerous diseases.
The local health director or his designee may issue a civil summons ticket asprovided by law for a scheduled violation. Any person summoned or issued aticket for a scheduled violation may make an appearance in person or inwriting by mail to the department of finance or the treasurer of the localityprior to the date fixed for trial in court. Any person so appearing may entera waiver of trial, admit liability, and pay the civil penalty established forthe offense charged.
If a person charged with a scheduled violation does not elect to enter awaiver of trial and admit liability, the violation shall be tried in thegeneral district court in the same manner and with the same right of appealas provided for by law. In any trial for a scheduled violation, the localityshall have the burden of proving by a preponderance of the evidence theliability of the alleged violator. An admission of liability or finding ofliability under this section shall not be deemed an admission at a criminalproceeding.
This section shall be not interpreted to allow the imposition of civilpenalties for activities related to land development.
C. When sewers or sewerage disposal facilities are not available, a localityshall not prohibit the use of alternative onsite sewage systems that havebeen approved by the Virginia Department of Health for use in the particularcircumstances and conditions in which the proposed system is to be operating.
D. A locality shall not require maintenance standards and requirements foralternative onsite sewage systems that exceed those allowed under orestablished by the State Board of Health pursuant to § 32.1-164.
E. The State Health Commissioner shall require, as a precondition to theissuance of an alternative onsite sewage system permit pursuant to § 32.1-164to serve a residential structure, that the property owner record aninstrument identifying by reference the applicable maintenance regulationsfor each component of the system in the land records of the clerk of thecircuit court in the jurisdiction where all or part of the site or proposedsite of the onsite sewage system is to be located, which shall be transferredwith the title to the property upon the sale or transfer of the land that isthe subject of the permit.
(Code 1950, § 15-77.20; 1958, c. 328; 1962, c. 623, § 15.1-856; 1997, c. 587;2005, c. 814; 2007, c. 924; 2009, cc. 786, 846.)
§ 15.2-2157. Onsite sewage systems when sewers not available; civil penalties.
A. Any locality may require the installation, maintenance and operation of,regulate and inspect onsite sewage systems or other means of disposing ofsewage when sewers or sewerage disposal facilities are not available; withoutliability to the owner thereof, may prevent the maintenance and operation ofonsite sewage systems or such other means of disposing of sewage when theycontribute or are likely to contribute to the pollution of public or privatewater supplies or the contraction or spread of infectious, contagious anddangerous diseases; and may regulate and inspect the disposal of humanexcreta.
B. Any locality that (i) has a record of the location of alternative onsitesewage systems; (ii) has notified owners of their maintenance responsibilityfor such systems; and (iii) has a method to identify property transfer mayadopt an ordinance establishing a uniform schedule of civil penalties forviolations of specified provisions for the operation and maintenance ofalternative onsite sewage systems, as defined in § 32.1-163, that are notabated or remedied within 30 days after receipt of notice of violation fromthe local health director or his designee. No civil action authorized underthis section shall proceed while a criminal action is pending.
This schedule of civil penalties shall be uniform for each type of specifiedviolation, and the penalty for any one violation shall be a civil penalty ofnot more than $100 for the initial summons and not more than $150 for eachadditional summons. Each day during which the violation is found to haveexisted shall constitute a separate offense. However, specified violationsarising from the same operative set of facts shall not be charged morefrequently than once in any 10-day period, and a series of specifiedviolations arising from the same operative set of facts shall not result incivil penalties exceeding a total of $3,000. If the violation is not abatedafter the imposition of the maximum fine, the locality may pursue otherremedies as provided by law. Designation of a particular ordinance violationfor a civil penalty pursuant to this section shall be in lieu of criminalpenalties, except for any violation that contributes to or is likely tocontribute to the pollution of public or private water supplies or thecontraction or spread of infectious, contagious, and dangerous diseases.
The local health director or his designee may issue a civil summons ticket asprovided by law for a scheduled violation. Any person summoned or issued aticket for a scheduled violation may make an appearance in person or inwriting by mail to the department of finance or the treasurer of the localityprior to the date fixed for trial in court. Any person so appearing may entera waiver of trial, admit liability, and pay the civil penalty established forthe offense charged.
If a person charged with a scheduled violation does not elect to enter awaiver of trial and admit liability, the violation shall be tried in thegeneral district court in the same manner and with the same right of appealas provided for by law. In any trial for a scheduled violation, the localityshall have the burden of proving by a preponderance of the evidence theliability of the alleged violator. An admission of liability or finding ofliability under this section shall not be deemed an admission at a criminalproceeding.
This section shall be not interpreted to allow the imposition of civilpenalties for activities related to land development.
C. When sewers or sewerage disposal facilities are not available, a localityshall not prohibit the use of alternative onsite sewage systems that havebeen approved by the Virginia Department of Health for use in the particularcircumstances and conditions in which the proposed system is to be operating.
D. A locality shall not require maintenance standards and requirements foralternative onsite sewage systems that exceed those allowed under orestablished by the State Board of Health pursuant to § 32.1-164.
E. The State Health Commissioner shall require, as a precondition to theissuance of an alternative onsite sewage system permit pursuant to § 32.1-164to serve a residential structure, that the property owner record aninstrument identifying by reference the applicable maintenance regulationsfor each component of the system in the land records of the clerk of thecircuit court in the jurisdiction where all or part of the site or proposedsite of the onsite sewage system is to be located, which shall be transferredwith the title to the property upon the sale or transfer of the land that isthe subject of the permit.
(Code 1950, § 15-77.20; 1958, c. 328; 1962, c. 623, § 15.1-856; 1997, c. 587;2005, c. 814; 2007, c. 924; 2009, cc. 786, 846.)
