§ 32.1-164. Powers and duties of Board; regulations; fees; onsite soilevaluators; letters in lieu of permits; inspections; civil penalties.
A. The Board shall have supervision and control over the safe and sanitarycollection, conveyance, transportation, treatment, and disposal of sewage byonsite sewage systems and alternative discharging sewage systems, andtreatment works as they affect the public health and welfare. The Board shallalso have supervision and control over the maintenance, inspection, and reuseof alternative onsite sewage systems as they affect the public health andwelfare. In discharging the responsibility to supervise and control the safeand sanitary treatment and disposal of sewage as they affect the publichealth and welfare, the Board shall exercise due diligence to protect thequality of both surface water and ground water. Upon the final adoption of ageneral Virginia Pollutant Discharge Elimination permit by the State WaterControl Board, the Board of Health shall assume the responsibility forpermitting alternative discharging sewage systems as defined in § 32.1-163.All such permits shall comply with the applicable regulations of the StateWater Control Board and be registered with the State Water Control Board.
In the exercise of its duty to supervise and control the treatment anddisposal of sewage, the Board shall require and the Department shall conductregular inspections of alternative discharging sewage systems. The Boardshall also establish requirements for maintenance contracts for alternativedischarging sewage systems. The Board may require, as a condition for issuinga permit to operate an alternative discharging sewage system, that theapplicant present an executed maintenance contract. Such contract shall bemaintained for the life of any general Virginia Pollutant DischargeElimination System permit issued by the State Water Control Board.
B. The regulations of the Board shall govern the collection, conveyance,transportation, treatment and disposal of sewage by onsite sewage systems andalternative discharging sewage systems and the maintenance, inspection, andreuse of alternative onsite sewage systems. Such regulations shall bedesigned to protect the public health and promote the public welfare and mayinclude, without limitation:
1. A requirement that the owner obtain a permit from the Commissioner priorto the construction, installation, modification or operation of a seweragesystem or treatment works except in those instances where a permit isrequired pursuant to Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1.
2. Criteria for the granting or denial of such permits.
3. Standards for the design, construction, installation, modification andoperation of sewerage systems and treatment works for permits issued by theCommissioner.
4. Standards governing disposal of sewage on or in soils.
5. Standards specifying the minimum distance between sewerage systems ortreatment works and:
(a) Public and private wells supplying water for human consumption,
(b) Lakes and other impounded waters,
(c) Streams and rivers,
(d) Shellfish waters,
(e) Ground waters,
(f) Areas and places of human habitation,
(g) Property lines.
6. Standards as to the adequacy of an approved water supply.
7. Standards governing the transportation of sewage.
8. A prohibition against the discharge of untreated sewage onto land or intowaters of the Commonwealth.
9. A requirement that such residences, buildings, structures and other placesdesigned for human occupancy as the Board may prescribe be provided with asewerage system or treatment works.
10. Criteria for determining the demonstrated ability of alternative onsitesystems, which are not permitted through the then current sewage handling anddisposal regulations, to treat and dispose of sewage as effectively asapproved methods.
11. Standards for inspections of and requirements for maintenance contractsfor alternative discharging sewage systems.
12. Notwithstanding the provisions of subdivision 1 above and Chapter 3.1 ofTitle 62.1, a requirement that the owner obtain a permit from theCommissioner prior to the construction, installation, modification, oroperation of an alternative discharging sewage system as defined in §32.1-163.
13. Criteria for granting, denying, and revoking of permits for alternativedischarging sewage systems.
14. Procedures for issuing letters recognizing onsite sewage sites in lieu ofissuing onsite sewage system permits.
15. Performance requirements for nitrogen discharged from alternative onsitesewage systems that protect public health and ground and surface waterquality.
C. A fee of $75 shall be charged for filing an application for an onsitesewage system or an alternative discharging sewage system permit with theDepartment. Funds received in payment of such charges shall be transmitted tothe Comptroller for deposit. The funds from the fees shall be credited to aspecial fund to be appropriated by the General Assembly, as it deemsnecessary, to the Department for the purpose of carrying out the provisionsof this title. However, $10 of each fee shall be credited to the OnsiteSewage Indemnification Fund established pursuant to § 32.1-164.1:01.
The Board, in its regulations, shall establish a procedure for the waiver offees for persons whose incomes are below the federal poverty guidelinesestablished by the United States Department of Health and Human Services orwhen the application is for a pit privy or the repair of a failing onsitesewage system. If the Department denies the permit for land on which theapplicant seeks to construct his principal place of residence, then such feeshall be refunded to the applicant.
From such funds as are appropriated to the Department from the special fund,the Board shall apportion a share to local or district health departments tobe allocated in the same ratios as provided for the operation of such healthdepartments pursuant to § 32.1-31. Such funds shall be transmitted to thelocal or district health departments on a quarterly basis.
D. In addition to factors related to the Board's responsibilities for thesafe and sanitary treatment and disposal of sewage as they affect the publichealth and welfare, the Board shall, in establishing standards, give dueconsideration to economic costs of such standards in accordance with theapplicable provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
E. Further a fee of $75 shall be charged for such installation and monitoringinspections of alternative discharging sewage systems as may be required bythe Board. The funds received in payment of such fees shall be credited to aspecial fund to be appropriated by the General Assembly, as it deemsnecessary, to the Department for the purpose of carrying out the provisionsof this section. However, $10 of each fee shall be credited to the OnsiteSewage Indemnification Fund established pursuant to § 32.1-164.1:01.
The Board, in its regulations, shall establish a procedure for the waiver offees for persons whose incomes are below the federal poverty guidelinesestablished by the United States Department of Health and Human Services.
F. Any owner who violates any provision of this section or any regulation ofthe Board of Health or the State Water Control Board relating to alternativedischarging sewage systems or who fails to comply with any order of the Boardof Health or any special final order of the State Water Control Board shallbe subject to the penalties provided in §§ 32.1-27 and 62.1-44.32.
In the event that a county, city, or town, or its agent, is the owner, thecounty, city, or town, or its agent may initiate a civil action against anyuser or users of an alternative discharging sewage system to recover thatportion of any civil penalty imposed against the owner which directlyresulted from violations by the user or users of any applicable federal,state, or local laws, regulations, or ordinances.
G. The Board shall establish and implement procedures for issuance of lettersrecognizing the appropriateness of onsite sewage site conditions in lieu ofissuing onsite sewage system permits. The Board may require that a surveyplat be included with an application for such letter. Such letters shallstate, in language determined by the Office of the Attorney General andapproved by the Board, the appropriateness of the soil for an onsite sewagesystem; no system design shall be required for issuance of such letter. Theletter may be recorded in the land records of the clerk of the circuit courtin the jurisdiction where all or part of the site or proposed site of theonsite sewage system is to be located so as to be a binding notice to thepublic, including subsequent purchases of the land in question. Upon the saleor transfer of the land which is the subject of any letter, the letter shallbe transferred with the title to the property. A permit shall be issued onthe basis of such letter unless, from the date of the letter's issuance,there has been a substantial, intervening change in the soil or siteconditions where the onsite sewage system is to be located. The Board,Commissioner, and the Department shall accept evaluations from licensedonsite soil evaluators for the issuance of such letters, if they are producedin accordance with the Board's established procedures for issuance ofletters. The Department shall issue such letters within 20 working days ofthe application filing date when evaluations produced by licensed onsite soilevaluators are submitted as supporting documentation. The Department shallnot be required to do a field check of the evaluation prior to issuing such aletter or a permit based on such letter; however, the Department may conductsuch field analyses as deemed necessary to protect the integrity of theCommonwealth's environment. Applicants for such letters in lieu of onsitesewage system permits shall pay the fee established by the Board for theletters' issuance and, upon application for an onsite sewage system permit,shall pay the permit application fee.
H. The Board shall establish a program for the operation and maintenance ofalternative onsite systems. The program shall require:
1. The owner of an alternative onsite sewage system, as defined in §32.1-163, to have that system operated by a licensed operator, as defined in§ 32.1-163, and visited by the operator as specified in the operation permit;
2. The licensed operator to provide a report on the results of the site visitutilizing the web-based system required by this subsection. A fee of $1 shallbe paid by the licensed operator at the time the report is filed. Such feesshall be credited to the Onsite Operation and Maintenance Fund establishedpursuant to § 32.1-164.8;
3. A statewide web-based reporting system to track the operation, monitoring,and maintenance requirements of each system, including its components. Thesystem shall have the capability for pre-notification of operation,maintenance, or monitoring to the operator or owner. Licensed operators shallbe required to enter their reports onto the system. The Department of Healthshall utilize the system to provide for compliance monitoring of operationand maintenance requirements throughout the state. The Commissioner shallconsider readily available commercial systems currently utilized within theCommonwealth; and
4. Any additional requirements deemed necessary by the Board.
I. The Board shall promulgate regulations governing the requirements formaintaining alternative onsite sewage systems.
J. The Board shall establish a uniform schedule of civil penalties forviolations of regulations promulgated pursuant to subsection B that are notremedied within 30 days after service of notice from the Department. Civilpenalties collected pursuant to this chapter shall be credited to theEnvironmental Health Education and Training Fund established pursuant to §32.1-248.3.
This schedule of civil penalties shall be uniform for each type of specifiedviolation, and the penalty for any one violation shall be not more than $100for the initial violation and not more than $150 for each additionalviolation. Each day during which the violation is found to have existed shallconstitute a separate offense. However, specified violations arising from thesame operative set of facts shall not be charged more than once in any 10-dayperiod, and a series of specified violations arising from the same operativeset of facts shall not result in civil penalties exceeding a total of $3,000.Penalties shall not apply to unoccupied structures which do not contribute tothe pollution of public or private water supplies or the contraction orspread of infectious, contagious, or dangerous diseases. The Department maypursue other remedies as provided by law; however, designation of aparticular violation for a civil penalty pursuant to this section shall be inlieu of criminal penalties, except for any violation that contributes to oris likely to contribute to the pollution of public or private water suppliesor the contraction or spread of infectious, contagious, or dangerous diseases.
The Department may issue a civil summons ticket as provided by law for ascheduled violation. Any person summoned or issued a ticket for a scheduledviolation may make an appearance in person or in writing by mail to theDepartment 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 a scheduled violation does not elect to enter awaiver of trial and admit liability, the violation shall be tried in thegeneral district court with jurisdiction in the same manner and with the sameright of appeal as provided for by law. In any trial for a scheduledviolation, the Department 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.
This section shall not be interpreted to allow the imposition of civilpenalties for activities related to land development.
K. The Department shall establish procedures for requiring a survey plat aspart of an application for a permit or letter for any onsite sewage oralternative discharging sewage system, and for granting waivers for suchrequirements. In all cases, it shall be the landowner's responsibility toensure that the system is properly located as permitted.
(Code 1950, § 32-9; 1954, c. 646; 1964, c. 436; 1970, c. 645; 1972, c. 775;1979, c. 711; 1986, c. 401; 1988, c. 203; 1990, cc. 438, 861, 869; 1994, c.747; 1999, c. 871; 2003, c. 614; 2007, cc. 514, 892, 924; 2009, cc. 695, 747.)
§ 32.1-164. Powers and duties of Board; regulations; fees; onsite soilevaluators; letters in lieu of permits; inspections; civil penalties.
A. The Board shall have supervision and control over the safe and sanitarycollection, conveyance, transportation, treatment, and disposal of sewage byonsite sewage systems and alternative discharging sewage systems, andtreatment works as they affect the public health and welfare. The Board shallalso have supervision and control over the maintenance, inspection, and reuseof alternative onsite sewage systems as they affect the public health andwelfare. In discharging the responsibility to supervise and control the safeand sanitary treatment and disposal of sewage as they affect the publichealth and welfare, the Board shall exercise due diligence to protect thequality of both surface water and ground water. Upon the final adoption of ageneral Virginia Pollutant Discharge Elimination permit by the State WaterControl Board, the Board of Health shall assume the responsibility forpermitting alternative discharging sewage systems as defined in § 32.1-163.All such permits shall comply with the applicable regulations of the StateWater Control Board and be registered with the State Water Control Board.
In the exercise of its duty to supervise and control the treatment anddisposal of sewage, the Board shall require and the Department shall conductregular inspections of alternative discharging sewage systems. The Boardshall also establish requirements for maintenance contracts for alternativedischarging sewage systems. The Board may require, as a condition for issuinga permit to operate an alternative discharging sewage system, that theapplicant present an executed maintenance contract. Such contract shall bemaintained for the life of any general Virginia Pollutant DischargeElimination System permit issued by the State Water Control Board.
B. The regulations of the Board shall govern the collection, conveyance,transportation, treatment and disposal of sewage by onsite sewage systems andalternative discharging sewage systems and the maintenance, inspection, andreuse of alternative onsite sewage systems. Such regulations shall bedesigned to protect the public health and promote the public welfare and mayinclude, without limitation:
1. A requirement that the owner obtain a permit from the Commissioner priorto the construction, installation, modification or operation of a seweragesystem or treatment works except in those instances where a permit isrequired pursuant to Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1.
2. Criteria for the granting or denial of such permits.
3. Standards for the design, construction, installation, modification andoperation of sewerage systems and treatment works for permits issued by theCommissioner.
4. Standards governing disposal of sewage on or in soils.
5. Standards specifying the minimum distance between sewerage systems ortreatment works and:
(a) Public and private wells supplying water for human consumption,
(b) Lakes and other impounded waters,
(c) Streams and rivers,
(d) Shellfish waters,
(e) Ground waters,
(f) Areas and places of human habitation,
(g) Property lines.
6. Standards as to the adequacy of an approved water supply.
7. Standards governing the transportation of sewage.
8. A prohibition against the discharge of untreated sewage onto land or intowaters of the Commonwealth.
9. A requirement that such residences, buildings, structures and other placesdesigned for human occupancy as the Board may prescribe be provided with asewerage system or treatment works.
10. Criteria for determining the demonstrated ability of alternative onsitesystems, which are not permitted through the then current sewage handling anddisposal regulations, to treat and dispose of sewage as effectively asapproved methods.
11. Standards for inspections of and requirements for maintenance contractsfor alternative discharging sewage systems.
12. Notwithstanding the provisions of subdivision 1 above and Chapter 3.1 ofTitle 62.1, a requirement that the owner obtain a permit from theCommissioner prior to the construction, installation, modification, oroperation of an alternative discharging sewage system as defined in §32.1-163.
13. Criteria for granting, denying, and revoking of permits for alternativedischarging sewage systems.
14. Procedures for issuing letters recognizing onsite sewage sites in lieu ofissuing onsite sewage system permits.
15. Performance requirements for nitrogen discharged from alternative onsitesewage systems that protect public health and ground and surface waterquality.
C. A fee of $75 shall be charged for filing an application for an onsitesewage system or an alternative discharging sewage system permit with theDepartment. Funds received in payment of such charges shall be transmitted tothe Comptroller for deposit. The funds from the fees shall be credited to aspecial fund to be appropriated by the General Assembly, as it deemsnecessary, to the Department for the purpose of carrying out the provisionsof this title. However, $10 of each fee shall be credited to the OnsiteSewage Indemnification Fund established pursuant to § 32.1-164.1:01.
The Board, in its regulations, shall establish a procedure for the waiver offees for persons whose incomes are below the federal poverty guidelinesestablished by the United States Department of Health and Human Services orwhen the application is for a pit privy or the repair of a failing onsitesewage system. If the Department denies the permit for land on which theapplicant seeks to construct his principal place of residence, then such feeshall be refunded to the applicant.
From such funds as are appropriated to the Department from the special fund,the Board shall apportion a share to local or district health departments tobe allocated in the same ratios as provided for the operation of such healthdepartments pursuant to § 32.1-31. Such funds shall be transmitted to thelocal or district health departments on a quarterly basis.
D. In addition to factors related to the Board's responsibilities for thesafe and sanitary treatment and disposal of sewage as they affect the publichealth and welfare, the Board shall, in establishing standards, give dueconsideration to economic costs of such standards in accordance with theapplicable provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
E. Further a fee of $75 shall be charged for such installation and monitoringinspections of alternative discharging sewage systems as may be required bythe Board. The funds received in payment of such fees shall be credited to aspecial fund to be appropriated by the General Assembly, as it deemsnecessary, to the Department for the purpose of carrying out the provisionsof this section. However, $10 of each fee shall be credited to the OnsiteSewage Indemnification Fund established pursuant to § 32.1-164.1:01.
The Board, in its regulations, shall establish a procedure for the waiver offees for persons whose incomes are below the federal poverty guidelinesestablished by the United States Department of Health and Human Services.
F. Any owner who violates any provision of this section or any regulation ofthe Board of Health or the State Water Control Board relating to alternativedischarging sewage systems or who fails to comply with any order of the Boardof Health or any special final order of the State Water Control Board shallbe subject to the penalties provided in §§ 32.1-27 and 62.1-44.32.
In the event that a county, city, or town, or its agent, is the owner, thecounty, city, or town, or its agent may initiate a civil action against anyuser or users of an alternative discharging sewage system to recover thatportion of any civil penalty imposed against the owner which directlyresulted from violations by the user or users of any applicable federal,state, or local laws, regulations, or ordinances.
G. The Board shall establish and implement procedures for issuance of lettersrecognizing the appropriateness of onsite sewage site conditions in lieu ofissuing onsite sewage system permits. The Board may require that a surveyplat be included with an application for such letter. Such letters shallstate, in language determined by the Office of the Attorney General andapproved by the Board, the appropriateness of the soil for an onsite sewagesystem; no system design shall be required for issuance of such letter. Theletter may be recorded in the land records of the clerk of the circuit courtin the jurisdiction where all or part of the site or proposed site of theonsite sewage system is to be located so as to be a binding notice to thepublic, including subsequent purchases of the land in question. Upon the saleor transfer of the land which is the subject of any letter, the letter shallbe transferred with the title to the property. A permit shall be issued onthe basis of such letter unless, from the date of the letter's issuance,there has been a substantial, intervening change in the soil or siteconditions where the onsite sewage system is to be located. The Board,Commissioner, and the Department shall accept evaluations from licensedonsite soil evaluators for the issuance of such letters, if they are producedin accordance with the Board's established procedures for issuance ofletters. The Department shall issue such letters within 20 working days ofthe application filing date when evaluations produced by licensed onsite soilevaluators are submitted as supporting documentation. The Department shallnot be required to do a field check of the evaluation prior to issuing such aletter or a permit based on such letter; however, the Department may conductsuch field analyses as deemed necessary to protect the integrity of theCommonwealth's environment. Applicants for such letters in lieu of onsitesewage system permits shall pay the fee established by the Board for theletters' issuance and, upon application for an onsite sewage system permit,shall pay the permit application fee.
H. The Board shall establish a program for the operation and maintenance ofalternative onsite systems. The program shall require:
1. The owner of an alternative onsite sewage system, as defined in §32.1-163, to have that system operated by a licensed operator, as defined in§ 32.1-163, and visited by the operator as specified in the operation permit;
2. The licensed operator to provide a report on the results of the site visitutilizing the web-based system required by this subsection. A fee of $1 shallbe paid by the licensed operator at the time the report is filed. Such feesshall be credited to the Onsite Operation and Maintenance Fund establishedpursuant to § 32.1-164.8;
3. A statewide web-based reporting system to track the operation, monitoring,and maintenance requirements of each system, including its components. Thesystem shall have the capability for pre-notification of operation,maintenance, or monitoring to the operator or owner. Licensed operators shallbe required to enter their reports onto the system. The Department of Healthshall utilize the system to provide for compliance monitoring of operationand maintenance requirements throughout the state. The Commissioner shallconsider readily available commercial systems currently utilized within theCommonwealth; and
4. Any additional requirements deemed necessary by the Board.
I. The Board shall promulgate regulations governing the requirements formaintaining alternative onsite sewage systems.
J. The Board shall establish a uniform schedule of civil penalties forviolations of regulations promulgated pursuant to subsection B that are notremedied within 30 days after service of notice from the Department. Civilpenalties collected pursuant to this chapter shall be credited to theEnvironmental Health Education and Training Fund established pursuant to §32.1-248.3.
This schedule of civil penalties shall be uniform for each type of specifiedviolation, and the penalty for any one violation shall be not more than $100for the initial violation and not more than $150 for each additionalviolation. Each day during which the violation is found to have existed shallconstitute a separate offense. However, specified violations arising from thesame operative set of facts shall not be charged more than once in any 10-dayperiod, and a series of specified violations arising from the same operativeset of facts shall not result in civil penalties exceeding a total of $3,000.Penalties shall not apply to unoccupied structures which do not contribute tothe pollution of public or private water supplies or the contraction orspread of infectious, contagious, or dangerous diseases. The Department maypursue other remedies as provided by law; however, designation of aparticular violation for a civil penalty pursuant to this section shall be inlieu of criminal penalties, except for any violation that contributes to oris likely to contribute to the pollution of public or private water suppliesor the contraction or spread of infectious, contagious, or dangerous diseases.
The Department may issue a civil summons ticket as provided by law for ascheduled violation. Any person summoned or issued a ticket for a scheduledviolation may make an appearance in person or in writing by mail to theDepartment 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 a scheduled violation does not elect to enter awaiver of trial and admit liability, the violation shall be tried in thegeneral district court with jurisdiction in the same manner and with the sameright of appeal as provided for by law. In any trial for a scheduledviolation, the Department 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.
This section shall not be interpreted to allow the imposition of civilpenalties for activities related to land development.
K. The Department shall establish procedures for requiring a survey plat aspart of an application for a permit or letter for any onsite sewage oralternative discharging sewage system, and for granting waivers for suchrequirements. In all cases, it shall be the landowner's responsibility toensure that the system is properly located as permitted.
(Code 1950, § 32-9; 1954, c. 646; 1964, c. 436; 1970, c. 645; 1972, c. 775;1979, c. 711; 1986, c. 401; 1988, c. 203; 1990, cc. 438, 861, 869; 1994, c.747; 1999, c. 871; 2003, c. 614; 2007, cc. 514, 892, 924; 2009, cc. 695, 747.)
§ 32.1-164. Powers and duties of Board; regulations; fees; onsite soilevaluators; letters in lieu of permits; inspections; civil penalties.
A. The Board shall have supervision and control over the safe and sanitarycollection, conveyance, transportation, treatment, and disposal of sewage byonsite sewage systems and alternative discharging sewage systems, andtreatment works as they affect the public health and welfare. The Board shallalso have supervision and control over the maintenance, inspection, and reuseof alternative onsite sewage systems as they affect the public health andwelfare. In discharging the responsibility to supervise and control the safeand sanitary treatment and disposal of sewage as they affect the publichealth and welfare, the Board shall exercise due diligence to protect thequality of both surface water and ground water. Upon the final adoption of ageneral Virginia Pollutant Discharge Elimination permit by the State WaterControl Board, the Board of Health shall assume the responsibility forpermitting alternative discharging sewage systems as defined in § 32.1-163.All such permits shall comply with the applicable regulations of the StateWater Control Board and be registered with the State Water Control Board.
In the exercise of its duty to supervise and control the treatment anddisposal of sewage, the Board shall require and the Department shall conductregular inspections of alternative discharging sewage systems. The Boardshall also establish requirements for maintenance contracts for alternativedischarging sewage systems. The Board may require, as a condition for issuinga permit to operate an alternative discharging sewage system, that theapplicant present an executed maintenance contract. Such contract shall bemaintained for the life of any general Virginia Pollutant DischargeElimination System permit issued by the State Water Control Board.
B. The regulations of the Board shall govern the collection, conveyance,transportation, treatment and disposal of sewage by onsite sewage systems andalternative discharging sewage systems and the maintenance, inspection, andreuse of alternative onsite sewage systems. Such regulations shall bedesigned to protect the public health and promote the public welfare and mayinclude, without limitation:
1. A requirement that the owner obtain a permit from the Commissioner priorto the construction, installation, modification or operation of a seweragesystem or treatment works except in those instances where a permit isrequired pursuant to Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1.
2. Criteria for the granting or denial of such permits.
3. Standards for the design, construction, installation, modification andoperation of sewerage systems and treatment works for permits issued by theCommissioner.
4. Standards governing disposal of sewage on or in soils.
5. Standards specifying the minimum distance between sewerage systems ortreatment works and:
(a) Public and private wells supplying water for human consumption,
(b) Lakes and other impounded waters,
(c) Streams and rivers,
(d) Shellfish waters,
(e) Ground waters,
(f) Areas and places of human habitation,
(g) Property lines.
6. Standards as to the adequacy of an approved water supply.
7. Standards governing the transportation of sewage.
8. A prohibition against the discharge of untreated sewage onto land or intowaters of the Commonwealth.
9. A requirement that such residences, buildings, structures and other placesdesigned for human occupancy as the Board may prescribe be provided with asewerage system or treatment works.
10. Criteria for determining the demonstrated ability of alternative onsitesystems, which are not permitted through the then current sewage handling anddisposal regulations, to treat and dispose of sewage as effectively asapproved methods.
11. Standards for inspections of and requirements for maintenance contractsfor alternative discharging sewage systems.
12. Notwithstanding the provisions of subdivision 1 above and Chapter 3.1 ofTitle 62.1, a requirement that the owner obtain a permit from theCommissioner prior to the construction, installation, modification, oroperation of an alternative discharging sewage system as defined in §32.1-163.
13. Criteria for granting, denying, and revoking of permits for alternativedischarging sewage systems.
14. Procedures for issuing letters recognizing onsite sewage sites in lieu ofissuing onsite sewage system permits.
15. Performance requirements for nitrogen discharged from alternative onsitesewage systems that protect public health and ground and surface waterquality.
C. A fee of $75 shall be charged for filing an application for an onsitesewage system or an alternative discharging sewage system permit with theDepartment. Funds received in payment of such charges shall be transmitted tothe Comptroller for deposit. The funds from the fees shall be credited to aspecial fund to be appropriated by the General Assembly, as it deemsnecessary, to the Department for the purpose of carrying out the provisionsof this title. However, $10 of each fee shall be credited to the OnsiteSewage Indemnification Fund established pursuant to § 32.1-164.1:01.
The Board, in its regulations, shall establish a procedure for the waiver offees for persons whose incomes are below the federal poverty guidelinesestablished by the United States Department of Health and Human Services orwhen the application is for a pit privy or the repair of a failing onsitesewage system. If the Department denies the permit for land on which theapplicant seeks to construct his principal place of residence, then such feeshall be refunded to the applicant.
From such funds as are appropriated to the Department from the special fund,the Board shall apportion a share to local or district health departments tobe allocated in the same ratios as provided for the operation of such healthdepartments pursuant to § 32.1-31. Such funds shall be transmitted to thelocal or district health departments on a quarterly basis.
D. In addition to factors related to the Board's responsibilities for thesafe and sanitary treatment and disposal of sewage as they affect the publichealth and welfare, the Board shall, in establishing standards, give dueconsideration to economic costs of such standards in accordance with theapplicable provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
E. Further a fee of $75 shall be charged for such installation and monitoringinspections of alternative discharging sewage systems as may be required bythe Board. The funds received in payment of such fees shall be credited to aspecial fund to be appropriated by the General Assembly, as it deemsnecessary, to the Department for the purpose of carrying out the provisionsof this section. However, $10 of each fee shall be credited to the OnsiteSewage Indemnification Fund established pursuant to § 32.1-164.1:01.
The Board, in its regulations, shall establish a procedure for the waiver offees for persons whose incomes are below the federal poverty guidelinesestablished by the United States Department of Health and Human Services.
F. Any owner who violates any provision of this section or any regulation ofthe Board of Health or the State Water Control Board relating to alternativedischarging sewage systems or who fails to comply with any order of the Boardof Health or any special final order of the State Water Control Board shallbe subject to the penalties provided in §§ 32.1-27 and 62.1-44.32.
In the event that a county, city, or town, or its agent, is the owner, thecounty, city, or town, or its agent may initiate a civil action against anyuser or users of an alternative discharging sewage system to recover thatportion of any civil penalty imposed against the owner which directlyresulted from violations by the user or users of any applicable federal,state, or local laws, regulations, or ordinances.
G. The Board shall establish and implement procedures for issuance of lettersrecognizing the appropriateness of onsite sewage site conditions in lieu ofissuing onsite sewage system permits. The Board may require that a surveyplat be included with an application for such letter. Such letters shallstate, in language determined by the Office of the Attorney General andapproved by the Board, the appropriateness of the soil for an onsite sewagesystem; no system design shall be required for issuance of such letter. Theletter may be recorded in the land records of the clerk of the circuit courtin the jurisdiction where all or part of the site or proposed site of theonsite sewage system is to be located so as to be a binding notice to thepublic, including subsequent purchases of the land in question. Upon the saleor transfer of the land which is the subject of any letter, the letter shallbe transferred with the title to the property. A permit shall be issued onthe basis of such letter unless, from the date of the letter's issuance,there has been a substantial, intervening change in the soil or siteconditions where the onsite sewage system is to be located. The Board,Commissioner, and the Department shall accept evaluations from licensedonsite soil evaluators for the issuance of such letters, if they are producedin accordance with the Board's established procedures for issuance ofletters. The Department shall issue such letters within 20 working days ofthe application filing date when evaluations produced by licensed onsite soilevaluators are submitted as supporting documentation. The Department shallnot be required to do a field check of the evaluation prior to issuing such aletter or a permit based on such letter; however, the Department may conductsuch field analyses as deemed necessary to protect the integrity of theCommonwealth's environment. Applicants for such letters in lieu of onsitesewage system permits shall pay the fee established by the Board for theletters' issuance and, upon application for an onsite sewage system permit,shall pay the permit application fee.
H. The Board shall establish a program for the operation and maintenance ofalternative onsite systems. The program shall require:
1. The owner of an alternative onsite sewage system, as defined in §32.1-163, to have that system operated by a licensed operator, as defined in§ 32.1-163, and visited by the operator as specified in the operation permit;
2. The licensed operator to provide a report on the results of the site visitutilizing the web-based system required by this subsection. A fee of $1 shallbe paid by the licensed operator at the time the report is filed. Such feesshall be credited to the Onsite Operation and Maintenance Fund establishedpursuant to § 32.1-164.8;
3. A statewide web-based reporting system to track the operation, monitoring,and maintenance requirements of each system, including its components. Thesystem shall have the capability for pre-notification of operation,maintenance, or monitoring to the operator or owner. Licensed operators shallbe required to enter their reports onto the system. The Department of Healthshall utilize the system to provide for compliance monitoring of operationand maintenance requirements throughout the state. The Commissioner shallconsider readily available commercial systems currently utilized within theCommonwealth; and
4. Any additional requirements deemed necessary by the Board.
I. The Board shall promulgate regulations governing the requirements formaintaining alternative onsite sewage systems.
J. The Board shall establish a uniform schedule of civil penalties forviolations of regulations promulgated pursuant to subsection B that are notremedied within 30 days after service of notice from the Department. Civilpenalties collected pursuant to this chapter shall be credited to theEnvironmental Health Education and Training Fund established pursuant to §32.1-248.3.
This schedule of civil penalties shall be uniform for each type of specifiedviolation, and the penalty for any one violation shall be not more than $100for the initial violation and not more than $150 for each additionalviolation. Each day during which the violation is found to have existed shallconstitute a separate offense. However, specified violations arising from thesame operative set of facts shall not be charged more than once in any 10-dayperiod, and a series of specified violations arising from the same operativeset of facts shall not result in civil penalties exceeding a total of $3,000.Penalties shall not apply to unoccupied structures which do not contribute tothe pollution of public or private water supplies or the contraction orspread of infectious, contagious, or dangerous diseases. The Department maypursue other remedies as provided by law; however, designation of aparticular violation for a civil penalty pursuant to this section shall be inlieu of criminal penalties, except for any violation that contributes to oris likely to contribute to the pollution of public or private water suppliesor the contraction or spread of infectious, contagious, or dangerous diseases.
The Department may issue a civil summons ticket as provided by law for ascheduled violation. Any person summoned or issued a ticket for a scheduledviolation may make an appearance in person or in writing by mail to theDepartment 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 a scheduled violation does not elect to enter awaiver of trial and admit liability, the violation shall be tried in thegeneral district court with jurisdiction in the same manner and with the sameright of appeal as provided for by law. In any trial for a scheduledviolation, the Department 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.
This section shall not be interpreted to allow the imposition of civilpenalties for activities related to land development.
K. The Department shall establish procedures for requiring a survey plat aspart of an application for a permit or letter for any onsite sewage oralternative discharging sewage system, and for granting waivers for suchrequirements. In all cases, it shall be the landowner's responsibility toensure that the system is properly located as permitted.
(Code 1950, § 32-9; 1954, c. 646; 1964, c. 436; 1970, c. 645; 1972, c. 775;1979, c. 711; 1986, c. 401; 1988, c. 203; 1990, cc. 438, 861, 869; 1994, c.747; 1999, c. 871; 2003, c. 614; 2007, cc. 514, 892, 924; 2009, cc. 695, 747.)
