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Chapter 17 – Ordinance Regarding On-Site ... - Fauquier County

Chapter 17 – Ordinance Regarding On-Site ... - Fauquier County

e installed with

e installed with adequate manholes, properly secured, to allow easy inspection and cleaning of the holding tank. (b) Maintenance and monitoring of alternative systems: (1) As a requirement of the design, every alternative system must have an "operation and maintenance" manual, written in lay terms that can be easily understood by the homeowner as well as the professional operator (if required). At a minimum, when the OSE/engineer prepares the original plan for the alternative system, that person must specify the effluent limits for the system as well as the routine service requirements and degree of expertise required to operate the system. When the system design incorporates a proprietary system, the manufacturer's operation and maintenance manual may be adequate to comply with this section if so stipulated by the designer. (2) Alternative systems that require routine maintenance over and above traditional systems require a conditional permit with the maintenance requirements recorded as a part of the permit approval. The conditional permit, along with the document that enumerates the conditions must be recorded and indexed in the grantee index in the land records of the county. Prior to transfer of any property subject to such conditional permit, the grantor shall notify the grantee of the existence of the alternative system and the conditions of the permit. The purchaser shall, at the time of purchase, renew the conditional permit. The health department may impose conditions based upon the maintenance requirements of the system, including but not limited to, a requirement for a maintenance contract, professional operator or demonstration of competency to operate the system by the owner/operator. (3) The maintenance plan and a contract for such maintenance must be submitted to the Health Department for approval. The maintenance plan and monitoring contract must remain in effect for the entire life of the contract. The Health Department is the approving authority for the maintenance and monitoring requirements of the system. At a minimum, semi-annual inspections and testing by a qualified service provider shall be required for systems without remote monitoring. Maintenance requirements shall be made a condition of any permit issued by the Health Department for Alternative Engineered Systems.” (4) Alternative systems in existence prior to the adoption of this article shall be operated and maintained in accordance with the manufacturer's and/or designer's specifications. Any alternative system existing on the date of adoption of this article that is repaired, altered, replaced or extended shall be governed by the provisions of this article. (c) Maintenance of disposal fields for conventional and alternative systems: (1) An appropriate ground cover shall be established and maintained over the disposal site. Permanent lawn irrigation systems are prohibited within twenty feet of any disposal area. Trees and shrubs shall not be planted or allowed to grow in the disposal field. The area reserved for the subsurface 14

disposal field and future repair of the system shall be retained for that sole purpose. (2) No structures shall be placed over the subsurface soil absorption system. Driveways or parking lots shall not be constructed on the subsurface soil absorption system unless the invert of the lead or header lines or top of the gravel in the absorption trenches is deeper than thirty (30) inches below the ground surface and the driveway or parking lot is paved with Portland cement or bituminous concrete to prevent compaction of the trench bottom. Driveways and parking lots shall not be constructed over the distribution box unless adequate structural and access provisions are provided. (Ord. No. 03-05, 7-21-03) Sec. 17-23. Neglect. In order to protect the public health, it shall be unlawful for any owner to neglect or abuse any sewage disposal system, fail to perform the routine or necessary maintenance, fail to comply with the requirements of a conditional permit, fail to file required monitoring reports, or fail to comply with any other provision of this article. (Ord. No. 03-05, 7-21-03) Sec. 17-24. Bonding of Alternative Systems. The owner of any Alternative Pre-engineered system as defined herein constructed after the date of adoption of this Section shall post with the County surety in the form of a bond, letter of credit or cash escrow to provide for the maintenance, repair or replacement of the system. Such surety shall be in the amount of $15,000 or the replacement cost of the system, if less than $15,000. A certificate of insurance or other satisfactory evidence of a Homeowners policy or similar policy of insurance sufficient to provide for the replacement of a failed or damaged system shall satisfy this requirement. The owner of any individual user Alternative Engineered system as defined herein constructed after the date of adoption of this Section shall post with the County surety in the form of a bond, letter of credit or cash escrow to provide for the maintenance, repair or replacement of the system. The owner of the system shall be the person and/or entity listed as such on the application for the operation permit. Such surety shall be in the amount of the original construction cost of the system, including the cost of all equipment and installation. The surety posted herein shall be in force for the duration of the validity of the conditional permit and lapse of the surety shall constitute grounds for revocation of the permit. The surety shall be posted prior to issuance of the operation permit by the Health Department. Proof of surety shall be provided to the Health Department with the application for the operation permit. Notice of the bond requirement shall be filed in the land records and shall run with the land. Surety for any community system or other system serving multiple users shall be at least in the amount required herein for individual user engineered alternative systems and shall be established by the Board of Supervisors at the time of permit issuance based upon the complexity and size of the system and the number of users and such other factors as are deemed appropriate by the Board. Sec. 17-245. Violations; penalties; applicability. 15

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