Legislation # 07-0018 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 1/24/2007
Title AN ORDINANCE TO AMEND CHAPTER 30, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “SEWERS AND SEWAGE DISPOSAL.”
 
Legislation History 07-0018
DateNotice Of ActionDescription
1/24/2007 Moved to approve consent agenda items 1 through 6 on first and final reading.
1/24/2007 Moved to waive the second reading of consent agenda items 1 through 6.
1/10/2007 Received By Clerk's Office
 
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Chapter 30 - Sewers and Sewage Disposal - REDLINE - January 10, 2007.doc Other 74K Chapter 30 - Sewers and Sewage Disposal Redline Version
 
Legislation Text 07-0018

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 07-0018

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 30, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED SEWERS AND SEWAGE DISPOSAL.

 

 

 

 

 

Chapter 30

 

SEWERS AND SEWAGE DISPOSAL*

__________

* Charter References: Authority of city as to sewer improvements, 2.01a; responsibility of department of public works as to construction of sewers, 10.02.

Cross References: Toilet facilities at public bathhouses, 7-77; building and development regulations, Ch. 9; requirements of site plan ordinance as to installation of sewers, 9-169; excavating, filling and similar operations, Ch. 13; disposal of liquid and sanitary wastes from food establishments, 15-33; sewers and sewage disposal in mobile home parks, 20-44, 20-48; sewage disposal at campsite areas, 26-24.5; stormwater management, Ch. 33.1; sewage disposal system required for subdivisions, 35-79; water supply, Ch. 39.

State Law References: Sewage disposal generally, Code of Virginia, 32.1-163 et seq.; authority of city to establish, maintain and operate sewage disposal systems, Code of Virginia, 15.2-2122; septic tanks and sewage disposal when sewers not available, Code of Virginia, 15.2-2157.

__________

 

Article I. In General

Sec. 30-1. Violations of chapter.

Sec. 30-2. Jurisdiction and control of sewers by city.

Sec. 30-3. Sewers in streets or other areas open or dedicated to public use to be installed by city or its contractors.

Sec. 30-4. Sewer specifications.

Sec. 30-5. Deposit, etc., required for construction of sewer system.

Sec. 30-6. Disposition of funds collected under this article, article II, article III and section 35-79.

Sec. 30-7. Obstructing, damaging, etc., sewers generally.

Sec. 30-8. Buildings or structures interfering with, or impeding access to, sewers.

Sec. 30-9. Drainage of rainwater into sanitary sewer.

Secs. 30-10--30-20. Reserved.

 

Article II. Connections to Public Sewers

Sec. 30-21. When required.

Sec. 30-22. Permit generally.

Sec. 30-23. Fees--Generally.

Sec. 30-24. Same--Installment payment.

Sec. 30-25. Same--Payment prerequisite to issuance of permit for installation of building sewer.

Sec. 30-26. Extension of system for connection.

Sec. 30-27. Supervision.

Sec. 30-28. Additional connection to same property.

Sec. 30-29. Connection of replaced sewer.

Sec. 30-30. Discontinuance of storm water connections.

Secs. 30-31--30-45. Reserved.

 

Article III. Sewer Use Charges

Sec. 30-46. Definitions.

Sec. 30-47. Imposed; purpose; basis.

Sec. 30-48. Amount.

Sec. 30-49. Determination of billing.

Sec. 30-50. Discontinuance of water service for failure to pay.

Sec. 30-51. Previous balance to be paid prior to new service or transfer of service.

Secs. 30-52--30-65. Reserved.

 

Article IV. Individual Sewage Disposal Systems

Sec. 30-66. Compliance with state regulations.

Sec. 30-67. Registration, license and bond of installers, repairers or cleaners.

Sec. 30-68. Misuse or neglect.

Sec. 30-69. Maintenance and repair of on-site sewage treatment systems.

Sec. 30-70. Abandonment of septic tanks, cesspools, etc.

 

ARTICLE I.

 

IN GENERAL

 

Sec. 30-1. Violations of chapter.

 

Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor.

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 30-2. Jurisdiction and control of sewers by city.

 

All sewers, storm water, sanitary or combined, except house connections on curb lines or lot lines, that have heretofore been or may hereafter be constructed by any person under any street, lot, alley or parking space, or under any private court or alley, and have been or may hereafter be connected into any sewer constructed by or belonging to the city, shall be under the jurisdiction and control of the city, as long as any such sewer shall remain connected with any such sewer constructed by or belonging to the city.

(Code 1956, 17-40; Code 1964, 30-3)

 

Sec. 30-3. Sewers in streets or other areas open or dedicated to public use to be installed by city or its contractors.

 

All sewers, except those installed in subdivisions by the developer in accordance with section 35-79 of this Code, that may be constructed by any person in any street, lot, alley or parking space now open to public use or in any street, lot, parking space or easement duly dedicated for public use in the city shall be installed by, or under contract with, the city.

(Code 1956, 17-42; Ord. No. 589, 10-25-78; Code 1964, 30-5; Ord. No. 749, 4-13-83)

 

Sec. 30-4. Sewer specifications.

 

All sewers constructed by, or under a contract with, the city as provided in the preceding section 30-3 shall be of such size and established with such grade and constructed in accord with such other specifications as may be prescribed by the director of the department of public works in accordance with uniform city standards.

(Code 1956, 17-43; Code 1964, 30-6)

 

Sec. 30-5. Deposit, etc., required for construction of sewer system.

 

The city shall require a one thousand dollar ($1,000.00) deposit for advertising for construction bids for sewer systems. Such deposit shall be refunded upon award of the construction contract. In the event no contract is awarded, such deposit is forfeited to the city. Prior to the contract award, the developer shall either submit to the city a cash payment or submit to the city an executed escrow agreement approved by the city attorney in an amount certified by the director of public works equal to the greater of:

 

(1) The cumulative total of the tap connection fees for each lot or each unit in an apartment development, or

 

(2) The cost of construction plus ten (10) percent for bidding, stakeout and as-built drawings.

 

Such sum shall be adjusted by the final actual construction costs.

(Code 1956, 17-42; Ord. No. 589, 10-25-78; Code 1964, 30-5; Ord. No. 749, 4-13-83)

 

Sec. 30-6. Disposition of funds collected under this article, article II, article III and section 35-79.

 

(a) All funds collected under the provisions of this article, article II and article III of this chapter and section 35-79 of this Code shall be collected by the city departments designated to administer this article or section 35-79 of this Code and credited to a special revenue waste water management fund within the general fund. Funds from this account collected pursuant to article III of this chapter shall be used to provide for the operation and maintenance, including the cost of materials and equipment replacement for the sewerage system. Funds from this account collected pursuant to this article and article II of the chapter and section 35-79 of this Code shall be used to provide for the extension of sewer lines, except as provided for in section 35-79 of this Code, and to provide for participation by the city in the construction of sanitary sewerage pumping stations, force mains and off-site gravity sewers in new developments, if the same services other properties. The city would, to the amount available in the revolving reserve account, pay the lesser of:

 

(1) One-half ( 1/2) the difference between the pumping station and force main construction or off-site gravity line cost and the anticipated tap fees from the proposed development; or

 

(2) The amount of tap connection fees anticipated from other properties served by the system.

 

(b) The subdivider's participation in the construction of pumping stations, force mains and off-site gravity sewers shall be in lieu of tap fees until his cumulative amount of tap fees for properties using that system exceeds the amount of his participation. Any subdivider denied the cost sharing privilege because there are no funds available may elect to be put on a chronological waiting list for approval when funding again becomes available.

 

(c) If, at some future time, development is complete within the city and the special revenue waste water management fund is not needed, then an amount not to exceed the two hundred thousand dollars ($200,000.00) originally appropriated to the account, plus compound interest, at the then-current legal rate, from January 1, 1953, and any additional appropriations, plus compound interest at such rate from the date of each such appropriation, shall be returned to the general fund. The balance, if any, in the account may be used to repair existing sewer facilities.

(Code 1956, 17-56; Ord. No. 589, 10-25-78; Code 1964, 30-12; Ord. No. 749, 4-14-83; Ord. No. 1247, 5-12-99)

 

Sec. 30-7. Obstructing, damaging, etc., sewers generally.

 

It shall be unlawful for any person to obstruct, break or injure, in any manner, any public sewer, or to obstruct, break or injure, in any manner, any catch basin or manhole, or to place any garbage, earth, trash or any other material of any kind in any catch basin or manhole.

(Code 1956, 17-53; Code 1964, 30-9)

Cross References: Damaging property generally, 24-31.

 

Sec. 30-8. Buildings or structures interfering with, or impeding access to, sewers.

 

It shall be unlawful for any person to construct any building or structure of any kind around or upon any alley or easement beneath which a sewer is laid, when such building or structure interferes with or impedes free access to such sewer. Any person having constructed a building or structure upon such alley or easement, or any owner of such property which interferes with or impedes free access to such sewer shall, upon forty-eight (48) hours' written notice given by the director of public works, cause to be removed such building or structure to be removed at his own expense, when it shall be necessary for the city to have access to such sewer for repairs or construction. Upon refusal to do so, the city shall remove such building or structure for the purpose aforesaid, and the owner thereof shall be charged with the expense of removal.

(Code 1956, 17-41; Code 1964, 30-4)

Sec. 30-9. Drainage of rainwater into sanitary sewer.

 

It shall be unlawful for any person to connect any roof, downspout, yard or walkway drain or any other drain carrying rainwater into any house service sewer or other sewer connected with any public sewer designed and constructed as a sanitary sewer only, or into any sewer leading into any public sewer designed and constructed as a sanitary sewer only.

(Code 1956, 17-54; Code 1964, 30-10)

 

Secs. 30-10--30-20. Reserved.

 

ARTICLE II.

 

CONNECTIONS TO PUBLIC SEWERS

 

Sec. 30-21. When required.

 

(a) The owner of any dwelling or other building in which human beings live or congregate shall, whenever a trunk line or lateral sewer line is available, connect such dwelling or building with such trunk or lateral line sewer. Except as otherwise provided in this section, it shall be unlawful for any person to empty any sewage or sewerage system into any well, septic tank or open stream or waterway in the city, when a public trunk or lateral line sewer is reasonably available for connecting to the same.

 

(b) Properly functioning septic tank systems may continue in use to serve properties where a trunk line or lateral line sewer is available, until such time as such septic tank system becomes in need of repair or until a period of three (3) years shall have elapsed from the time the public trunk or lateral line sewer is constructed to serve such property, whichever occurs first; provided, however, that if the connection fee prescribed by section 30-23 is voluntarily paid, a properly functioning septic tank system may continue to be used beyond such three (3) year period, until such time as it becomes in need of repair.

 

(c) Buildings or dwellings located where public sewer lines are available on May 11, 1960, and having their building line more than one hundred (100) feet from the right-of-way wherein the public sewer line is available, shall not be required to be connected thereto until the septic tank system serving the building or dwelling becomes in need of repair.

 

(d) The director of public health may grant extensions of time, not exceeding six (6) months, to individuals falling within the terms of this section, when the same would not be detrimental to the health and safety of the community; provided, that such an extension of time shall only be granted when not to do so would constitute an undue hardship.

(e) It shall be unlawful for any person to occupy, lease or rent any premises not connected to a public sewer, as required by this section, and each day of such occupancy shall constitute a separate and distinct violation.

(Code 1956, 17-45; Ord. No. 55; Ord. No. 113; Code 1964, 30-13--30-14.1)

State Law References: Authority of city to require sewer connections, Code of Virginia, 15.2-2122.

 

Sec. 30-22. Permit generally.

 

No person shall connect, for sewer service from his premises, through any sewer constructed by or belonging to the city, or through any private sewer connected with any sewer constructed by or belonging to the city, without first obtaining, from the director of public works, a permit to make the connection. Application for such permit shall be filed with the director of public works and the permit shall be issued in the name of the owner of the property to be served by the connection.

(Code 1956, 17-46, 17-47; Code 1964, 30-17--30-19)

 

Sec. 30-23. Fees--Generally.

 

(a) The director of public works shall issue a permit for a sewer connection, as provided for in section 30-22, when and after the applicant therefor has paid into the city treasury a tap connection fee based on average construction costs as follows:

 

(1) Lots having a frontage of not more than thirty (30) feet: Four hundred dollars ($400.00).

 

(2) Lots having over thirty (30) feet of frontage, but not more than forty (40) feet: Five hundred dollars ($500.00).

 

(3) Lots having over forty (40) feet of frontage, but not more than fifty (50) feet: Six hundred dollars ($600.00).

 

(4) Lots having over fifty (50) feet of frontage, but not more than sixty (60) feet: Seven hundred dollars ($700.00).

 

(5) Lots in excess of sixty (60) feet of frontage: Seven hundred dollars ($700.00) for the first sixty (60) feet and ten dollars ($10.00) per foot for each additional foot of frontage.

 

The frontage of lots shall be calculated on the shorter frontage, when the property has more than one frontage line, except for connections to serve buildings used or to be used for industrial purposes.

 

(b) Notwithstanding the provisions of subsection (a) above, the amount to be paid for a sewer connection in the following cases shall not be less than the amount indicated below:

 

(1) For a two-family duplex: Six hundred eighty dollars ($680.00).

 

(2) For an apartment house: Three hundred fifty dollars ($350.00) for each apartment therein.

 

(3) For a lot embracing more than one building, mobile home or housekeeping trailer requiring sewer service, served by a single connection: Three hundred fifty dollars ($350.00) for each unit served or to be served.

 

(4) For a building used or to be used for commercial purposes: Seven hundred dollars ($700.00).

 

(c) The amount to be paid in for sewer connections to serve buildings used or to be used for industrial purposes shall be eight cents ($0.08) per square foot of building space, but in no case less than seven hundred dollars ($700.00).

 

(d) In the event a single family residence is located on acreage and there is no enclosure separating the residence from the remaining acreage, the sewer connection fee shall be based upon the minimum frontage required for a lot in the particular zone in which the residence is located, or to be located, and meeting all side yard setback requirements.

 

(e) The connection, through an existing sewer connection, of any separate residential, commercial or industrial unit shall be deemed a "sewer connection" within the meaning of this section.

 

(f) In the event that any person required by this article to have his property connected to a public sewer shall fail, after ten (10) days' notice in writing from the city manager, to have such connection made, it shall be the duty of the director of public works to compute the sewer connection fee applicable in each instance under the provisions of this section and certify the same to the city treasurer. The amount so certified shall be a lien against the real estate as a part of and the same as taxes duly assessed against the real estate by the city.

(Code 1956, 17-48; Ord. No. 267; Ord. No. 383; Code 1964, 30-20)

Cross References: Plumbing permit fees, 9-45.

 

Sec. 30-24. Same--Installment payment.

 

(a) Persons desiring a connection of a single-family residence to the public sewer system may, in lieu of the prepayment required in section 30-23, enter into an agreement with the council, acting through the city manager, which agreement shall contain the following:

 

(1) That the payment required by section 30-23 shall be paid by payment of a minimum of one-third at the time of the agreement, and the balance of the same due shall be paid either in two (2) equal installments to be paid one year and two (2) years, respectively, from the date of the agreement, or upon sale of the property described in the agreement, whichever shall occur first, which balance shall carry an interest rate of eight (8) percent per annum on the unpaid balance until paid.

 

(2) That such person shall agree that, upon nonpayment of any amount due and not paid, at the option of the city manager, the sewer connection may be broken and any amount already paid shall not be refunded.

 

(3) That any amount due and unpaid, in lieu of subparagraph (2) above, shall be a lien against the real estate the same as taxes duly assessed.

 

(b) In the event that any person affected by any of the provisions of an agreement entered into pursuant to subsection (a) above should fail, after ten (10) days' notice in writing from the city manager, to do that which may be required under the provisions of the agreement, it shall be the duty of the city manager to compute the amount due to the city that may be applicable in each instance under the provisions of such agreement and certify the same to the city treasurer. The amount so certified shall be a lien against the real estate as a part of and the same as taxes duly assessed against the real estate by the city.

(Code 1956, 17-49; Ord. No. 386; Code 1964, 30-21)

 

Sec. 30-25. Same--Payment prerequisite to issuance of permit for installation of building sewer.

 

No permit shall be issued under the building code for the installation or construction of a building sewer until the fees prescribed by section 30-23 have been paid or an agreement has been entered into pursuant to section 30-24.

(Ord. No. 428, 8.1-31; Code 1964, 8.1-31)

 

Sec. 30-26. Extension of system for connection.

 

Subject to the availability of funds in the revolving reserved account, the city may extend public sewer to developed areas provided a majority of the property owners to be served by the sewer commit in writing to paying their pro-rata share of the cost of construction of the public sewer line. Such pro-rata share shall be determined by allocating the cost of the construction to each property, according to each lot front footage. In the case of a developed residential property with an existing septic system, such pro-rata share may be reduced by fifty (50) percent, as an inducement for the elimination of the septic system, provided the property owner connects to sewer within one year of availability, and pays the sewer connection fee in full or by the installment method as prescribed in section 30-24.

(Code 1956, 17-44; Code 1964, 30-7; Ord. No. 1203, 1-14-98; Ord. No. 1247, 5-12-99)

Sec. 30-27. Supervision.

 

It shall be the duty of the plumber or other person making any service connection to a public sewer, directly or indirectly through any other sewer, to notify the director of public works when the trench is open and ready for the connection. No connection shall be made by any person with the public sewer system, directly or indirectly through any other sewer, except under the supervision of the director of public works or his authorized inspector.

(Code 1956, 17-51; Code 1964, 30-16)

 

Sec. 30-28. Additional connection to same property.

 

Any person desiring an additional sewer service connection to any one separate piece of property shall make application to the director of public works for the construction of such additional service connection to the curb line or alley lot line and, when and after the estimated cost made by the director of public works for such additional connection shall have been paid into the city treasury by the owner of the property desiring such additional connection, the director of public works shall construct such connection.

(Code 1956, 17-50; Code 1964, 30-15)

 

Sec. 30-29. Connection of replaced sewer.

 

Whenever, in the opinion of the council, any sewer or sewer system heretofore constructed by any private person, and which is now or may hereafter be connected with any sewer constructed by or belonging to the city, shall become inadequate or damaged, so that such sewer or sewer system fails to render reasonably satisfactory service, the city shall, in its discretion, install a new sewer to replace such inadequate or damaged sewer or sewer system and the person connected with such replaced sewer shall make the connection with such new sewer installed by the city, after the payment of the fee required under the provisions of this article, less, however, such amount as may have been previously paid as a connection fee.

(Code 1956, 17-52; Code 1964, 30-8)

 

Sec. 30-30. Discontinuance of storm water connections.

 

The city manager is hereby authorized to cause storm water connections to sanitary sewers to be disconnected, after ten (10) days' written notice to the property owner.

(Code 1956, 17-55; Code 1964, 30-11)

 

Secs. 30-31--30-45. Reserved.

 

 

 

 

ARTICLE III.

 

SEWER USE CHARGES

 

Sec. 30-46. Definitions.

 

For the purpose of this article, the following words and phrases shall have the meanings ascribed to them by this section:

 

Sewage: A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments. The admixture of sewage with industrial wastes or other wastes shall also be considered sewage within the meaning of this definition.

 

Sewer: Pipe or conduit carrying sewage in which owners of abutting properties shall have the use, subject to control by the city.

 

Sewerage system: All facilities for collection and pumping of sewage.

 

User charge: The charge made to those persons who discharge sewage into the city's sewerage system.

(Ord. No. 675, 11-12-80; Code 1964, 30-112)

 

Sec. 30-47. Imposed; purpose; basis.

 

All users of the city's sewerage system shall be required to pay a user charge in order for the city to recover its operation and maintenance expenses, including the cost of materials and equipment replacement, for the sewerage system. The user charge shall be based entirely on metered water consumption at a flat rate for each one hundred (100) cubic feet.

(Ord. No. 675, 11-12-80; Ord. No. 701, 9-9-81; Code 1964, 30-113)

Charter References: Authority of city to impose sewerage rates, 2.02a.

State Law References: Authority of city to charge and collect compensation for sewerage services, Code of Virginia, 15.2-2122.

 

Sec. 30-48. Amount.

 

The user charge for all persons shall be one dollar and seven cents ($1.07) for each one hundred (100) cubic feet of water consumption.

(Ord. No. 675, 11-12-80; Ord. No. 701, 9-9-81; Code 1964, 30-114; Ord. No. 823, 5-14-86; Ord. No. 931, 5-11-88; Ord. No. 967, 5-9-90; Ord. No. 1084, 5-12-93; Ord. No. 1248, 5-12-99; Ord. No. 1277, 5-10-00; Ord. No. 1297, 5-9-01; Ord. No. 1350, 5-14-03)

 

Sec. 30-49. Determination of billing.

 

The method of determining the quantity of water consumption for billing the charges prescribed by this article shall be through use of the individual water meter. In cases where it can be positively demonstrated that a certain amount of the metered water is not discharged to the sewerage system, the billing shall be based on the amount of metered water which actually enters the sewerage system.

(Ord. No. 675, 11-12-80; Ord. No. 701, 9-9-81; Code 1964, 30-115)

 

Sec. 30-50. Discontinuance of water service for failure to pay.

 

When any bill for charges prescribed by this article remains unpaid twenty-one (21) days after the billing date, such bill shall be deemed delinquent and water service may be discontinued, unless such bill is paid prior to the commencement of any action by an employee or agent of the City of Newport News in connection with cutting off or discontinuing such service. After water service has been discontinued, it shall not be restored until all bills and a service charge of eight dollars ($8.00) have been paid.

(Ord. No. 675, 11-12-80; Ord. No. 701, 9-9-81; Code 1964, 30-116)

 

Sec. 30-51. Previous balance to be paid prior to new service or transfer of service.

 

In the event that any person applies for sewer service while owing a balance for sewer service previously furnished, regardless of the length of time the same has been owing, sewer service shall not be furnished until all accounts in connection with past sewer services furnished, as provided for in this article, have been paid in full. In the event that a customer moves from one location to another and desires sewer service at the new location, all amounts owed in connection with sewer service at the old location must be paid in full before sewer service shall be furnished at the new location.

(Ord. No. 675, 11-12-80; Code 1964, 30-117)

 

Secs. 30-52--30-65. Reserved.

 

ARTICLE IV.

 

INDIVIDUAL SEWAGE DISPOSAL SYSTEMS

 

Sec. 30-66. Compliance with state regulations.

 

All individual sewage disposal systems in the city shall be installed, maintained and operated in compliance with all applicable regulations of the state board of health. In the case where there is a conflict between the state regulations and any local regulations regarding such systems, the more stringent requirements shall apply.

(Ord. No. 993, 12-12-90)

State Law References: Sewage disposal, Code of Virginia, 32.1-163 et seq.

 

 

Sec. 30-67. Registration, license and bond of installers, repairers or cleaners.

 

It shall be unlawful for any person to engage in the business of installing, repairing or cleaning any individual sewage disposal system until such person has registered with the director of public health, obtained a license in accordance with chapter 18.1 of this Code and given a bond acceptable to the city, in the penalty of two thousand dollars ($2,000.00), issued by a bonding company licensed to do business in the state, and payable to the city. The conditions of such bond shall be to indemnify and save harmless the city from all loss, damage expense or cost by reason of any claim, suit or action made or instituted against the city, or against any agent or employee thereof, on account of any injury, loss or damage sustained in consequence of any defect in the installation, repair or cleaning of an individual sewage disposal system, done by the principal obligor in such bond or in consequence of any neglect on the part of the principal obligor to guard any such work sufficiently and properly or in consequence of the use of any improper material or appliances or in consequence of any act or neglect of the principal obligor, his agent or employees, in or about any such work. Such bond shall be further conditioned that all such work performed by the principal obligor or under his supervision shall be performed in accordance with the provisions of this article and all other applicable ordinances of the city.

(Ord. No. 64, 33; Code 1964, 30-110)

Cross References: License tax on persons engaged in business of septic tank cleaning and pumping, 18.1-43.

 

Sec. 30-68. Misuse or neglect.

 

It shall be unlawful for any owner, tenant or lessee of any premises properly supplied with an individual sewage disposal system or other approved device for the disposal of sewage to misuse or neglect the same, so as to allow or cause it to cease to be sanitary.

(Ord. No. 64, 30; Code 1964, 30-107)

 

Sec. 30-69. Maintenance and repair of on-site sewage treatment systems.

 

(a) All septic systems located within Chesapeake Bay Preservation Districts shall be pumped out at least every five (5) years, by a person qualified under section 30-67 and holding a valid sewage handling permit from the state board of health. Such person shall certify completion of the pump-out to the health department.

 

(b) All septic systems located outside the Chesapeake Bay Preservation Districts shall be examined at least every five (5) years by a person qualified under section 30-67 and holding a valid sewage handling permit from the state board of health. Such person shall determine if pump-out is necessary and notify the property owner and the health department of such determination. All required pumping shall be certified to the health department upon completion.

 

(c) For all new construction any on-site sewage disposal systems not requiring a Virginia Pollutant Discharge Elimination System (VPDES) permit shall provide a reserve sewage disposal site with capacity equal to or greater than that of the primary disposal site. Any lot or parcel recorded prior to October 1, 1989 shall not be required to provide such reserve disposal site if the size of the lot or parcel, as determined by the health department, is insufficient to accommodate such a reserve disposal site.

 

(d) Construction of any impervious cover shall be prohibited on the area of all sewage disposal sites or over an on-site sewage treatment system which operates under a permit issued by the state water control board, until such time as the property is served by public sewer, and the site is no longer needed for this purpose.

 

(e) Any application for an on-site sewage treatment system serving a single-family residence or an individual lot shall include a surveyed plat. Such plat shall clearly delineate the following: property lines; existing and proposed buildings; bodies of water; ditches; resource protection area components; streets; existing on-site sewage treatment systems within one hundred (100) feet of the proposed sewage disposal system site; and wells within one hundred (100) feet of the proposed sewage disposal system site.

(Ord. No. 993, 12-12-90; Ord. No. 1098, 8-11-93)

 

Sec. 30-70. Abandonment of septic tanks, cesspools, etc.

 

All septic tanks, cesspools and open wells, whether in use or not, shall be maintained in a safe, sanitary manner. Subsequent to the enactment of this section, when a building is disconnected from an existing septic system or other on-site sewage disposal system and connected to a sanitary sewer system or said building is razed or demolished, it shall be the building owner's responsibility to properly abandon the existing septic tank/sewage disposal system, unless the existing septic tank is incorporated as part of the sewer connection. Such abandonment shall include, at a minimum, the removal of all liquid waste and sludge from the septic tank by a licensed septic tank contractor and the subsequent crushing and backfilling of said tank with clean fill material.

(Ord. No. 1334, 6-26-02)

 

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council