The subject regulation should be modified to incorporate the technical content of Gloucester County's Alternate Sewage Dispoal System ordinance Section 19-17.

Sec. 19-17.  Alternative sewage disposal systems (ASDS).

(a)   Following the effective date of this article, except as expressly permitted in this section, provisionally approved systems and alternative sewage disposal systems shall be prohibited in the county.

(b)   Following the effective date of this article, alternative sewage disposal systems shall be permitted in the county, subject to the following conditions:

(1)   Enforcement.  The health director shall enforce compliance with all provisions of this article. 

(2)   Permit required.  The installation and operation of any alternative sewage disposal system must be approved by the health director, as compliant with this article and all applicable regulations of the state board of health. Before installation the following conditions must be met: 

(i)   Verification that there is, at a minimum, six (6) inches of separation between point of sewage dispersal into the ground and the seasonal water table. For any site where soil wetness indicators (redoximorphic features) are encountered at a depth less than twelve (12) inches from the ground surface, the actual water table shall be determined by a water table study. Such water table studies shall be conducted using electronic data loggers and automated rain measuring devices installed on site and conducted in accordance with the guidelines and recommended procedures provided by the Virginia Department of Health. Within thirty (30) days of completion of the study, all data shall be reported to the local health department in both table and graph format. The overall decision to issue (or deny) a permit shall be based on all site and soil factors in accordance with the Commonwealth of Virginia Sewage Handling and Disposal Regulations.

(ii)   All systems must be either secondary, advanced secondary, or tertiary systems, equipped with a denitrification unit or process capable of a minimum fifty (50) percent nitrogen reduction to assure compliance with NSF/ANSI Standard 245.

(iii)   For all lots created after August 1, 2006, all systems shall be located within the boundaries of the lot to be served by the system.

(3)   ASDS agreement required.  Prior to the operation of any alternative sewage disposal system, an ASDS agreement, executed by the property owner and Gloucester County, requiring the perpetual maintenance of the system by an maintenance provider that is registered, permitted, or licensed by the permitting authority, shall be recorded in the land records of the office of the Clerk of the Circuit Court of Gloucester County. The recordation shall occur in conjunction with, but prior to the issuance of, an operational permit. For alternative sewage disposal systems in existence at the time of adoption of this article, recordation shall occur prior to, or in conjunction with, the transfer of the property, or the issuance of any permit to repair, remodel, replace, renovate, reconfigure or extend the alternative sewage disposal system. The agreement to be recorded, in a form approved by the county attorney, shall, at a minimum: 

(i)   Permit the installation and operation of an alternative sewage disposal system;

(ii)   Provide notice to the public, including subsequent purchasers/owners of the property, that the property is serviced by an alternative sewage disposal system;

(iii)   Define installation, operation, and maintenance conditions, including requiring a permanent maintenance agreement; and

(iv)   Require the property owner annually within thirty (30) days of the anniversary date of such agreement to procure an inspection to ensure that the system continues to operate as designed and in accordance with this section and the maintenance agreement.

(4)   Inspection by qualified provider required.   

(i)   No person shall conduct inspections of alternative sewage disposal systems for purposes of real estate transfer or other compliance purposes without first obtaining maintenance provider registration as a certified inspector in Gloucester County from the health director. To obtain such registration, the provider must be:

•The holder of a valid business license from the county and Class B Virginia Contractors license (or higher) if servicing an ASDS, and

•Certified by the state board of health as an authorized onsite soil evaluator or other state board of health designated agent, or

•Licensed by the Virginia Department of Professional and Occupational Regulation, or

•An accredited septic system inspector/installer as recognized by the National Sanitation Foundation or an equivalent national accrediting organization, which accreditation shall include the passage of both a written and practical examination on the principles and practice of septic-alternative system inspections; or

•Employed and certified by the system manufacturer or designated by the system manufacturer as an authorized service provider as demonstrated by evidence acceptable to the health director.

(ii)   A copy of the inspection report, in a form approved by the health officer shall be delivered by the owner to the health officer within thirty (30) days of the anniversary of the ASDS agreement, or such longer period as may be permitted by the health director.

(iii)   Owner shall repair or replace the system, as necessary, to correct any deficiencies identified in the inspection report in compliance with the County Code and the applicable regulations of the Virginia State Board of Health. Failure to repair or replace the system within thirty (30) days of an inspection report identifying such deficiencies shall constitute a violation and the county may, at its option, terminate the ASDS agreement and revoke the installation and operation authorization issued by the health director for the system.

(5)   Operation and maintenance requirements.   

(i)   Prior to the operation of any alternative sewage disposal system, the owner must provide evidence to the health director in a form acceptable to the health director, that there is a maintenance contract or professional operator in place for the system.

(ii)   The maintenance contractor or professional operator will certify to the health director that the individual or company will report all failures, deficiencies, modifications, and expansions of the system to the county within thirty (30) days of discovery.

(iii)   The property owner shall report to the health director all failures, deficiencies, modifications, alternations, and expansions of the system within thirty (30) days of discovery.

(iv)   For all systems installed after enactment of this article owner shall participate in a web-based remote monitoring program using the NSF onsite monitoring program, or equivalent, approved by the health director, to assure that systems are properly maintained in perpetuity following their initial two (2) years of oversite by the system manufacturer or designer. The cost of such participation shall be the responsibility of the property owner and shall be paid to the provider of the web-based remote monitoring system. Access to the web-based remote monitoring system shall be as follows:

•Property owner may have access to data from his system only.

•Maintenance or service providers may have access to data for his contracts only.

•The health director, codes official, and utility director may view all data within his or her jurisdiction.

•Access to monitor data by other entities is prohibited.

(v)   Participation in a web-based remote monitoring program by property owners with installed and operative alternative sewage disposal systems at the time of enactment of this article is voluntary. However, the following events will trigger mandatory participation in a program:

•Sale or transfer of the property served by an alternative sewage disposal system.

•Repair of system where repair cost exceeds two thousand dollars ($2,000.00).

•Alteration, modification, or expansion of the system.

(6)   Notice of violation and civil penalties.   

(i)   If upon any inspection, the health director, the codes official, the utility director, or their designees shall find any violation of this article, the health director shall direct, by written notice, that the violation in question be abated or remedied within thirty (30) days after receipt of notice of the violation. It shall be unlawful for any person to fail, neglect, or refuse to comply with such notice within the thirty (30) days.

(ii)   The health director, the codes official, the utility director, or their designees may issue civil summons as provided by law for a scheduled violation. No criminal prosecution may be sought when a civil penalty is imposed.

TABLE INSET:

Each day during which the violation is found to have existed shall constitute a separate offense, with a maximum penalty arising form the same set of operative facts of three thousand dollars ($3,000.00). Specified violations arising from the same set of operative facts shall not be charged more frequently than once in any ten-day period.

Any person summoned or issued a ticket for a scheduled violation may make an appearance in person, in writing, or by mail to the Gloucester County Treasurer prior to the date fixed for trial in court. Any persons so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged.

(iii)   These provisions governing operation and maintenance of onsite sewage disposal systems shall be applicable until the state enacts operation and maintenance criteria of similar effect directing the Virginia State Board of Health to supervise and control such systems.

(Ord. of 8-7-2007(1); Ord. of 3-3-2009)

Specifically, Items (a) (2) (i), (ii), (3), (4), and (5).