Isle of Wight County |
Code of Ordinances |
Appendix B-1. CHESAPEAKE BAY PRESERVATION AREA ORDINANCE. |
Article 6. Septic Pump-Out Program. |
§ 6007. Administration.
A.
General procedures: .....Septic systems located within the Chesapeake Bay watershed must be pumped out at least once every five (5) years, except as noted under Item F. for systems equipped with a septic tank effluent filter. Property owners are responsible for the costs of pump-outs. The zoning administrator is responsible for the general administration and enforcement of the septic pump-out program.
To support the septic pump-out program, the county will create and maintain a database to document all affected septic systems and to serve as a tracking mechanism. The database will be organized according to Tax Parcel ID number. The database will contain the following information: name of property owner, mailing address, physical address, and last date of septic system pump-out.
Affected property owners will be required to register their septic systems with the department of planning and zoning. This includes both existing and new septic systems. The county will notify property owners and provide the forms that need to be filled out to comply with the septic pump-out program.
The department of planning and zoning will administer the program through a combination of public education, mailings, and information posted on the Isle of Wight County Internet web site. Activities to be undertaken by the county will include the following:
•
Notification to affected property owners.
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Mailings of the program verification and compliance forms (once every five (5) years).
•
Other homeowner education and outreach as deemed appropriate.
B.
Program phase-in: .....The septic pump-out program will be phased in over a period of five (5) years. The phasing in will be done by election district, with one (1) election district added per year. The county's five (5) election districts include the Carrsville, Hardy, Newport, Smithfield, and Windsor districts.
The phase-in will start with the Smithfield Election District and then continue by alphabetical order to the Windsor Election District, Carrsville Election District, Hardy Election District, and the Newport Election District. The program starts first with the Smithfield Election District to coordinate with the Town of Smithfield, which also is implementing a septic pump-out program. The Smithfield Election District includes the Town of Smithfield and parts of the county outside of town limits.
C.
Right of entry: .....The zoning administrator, or authorized designee, shall have the right to enter property where an individual or group septic system is located for the purpose of observation, inspection, monitoring and/or sampling the septic system, its drainfield and the surrounding land area.
D.
Role of property owner with septic system: .....Property owners with septic systems located within the Chesapeake Bay watershed must participate in the septic pump-out program. This includes filling out, signing and submitting forms as required by the county. Property owners are in compliance with the septic pump-out program when:
1)
They have filled out, signed and submitted the septic system verification forms as required by the county; and
2)
They have had septic system pump-outs as required by the county.
This program will be carried out in stages, by election district, with the affected property owners notified each year by the county. In any given year, those property owners who have been notified by the county will have twenty-four (24) months from the date of notification to have pump-outs completed or to demonstrate why they are exempt from the program.
Property owners who fail to provide information to the county when requested may be subject to civil penalties and/or court-ordered fines.
E.
Complaints and appeals: .....Written complaints about the septic pump-out program should first be directed to the zoning administrator, who can investigate and determine whether a complaint is valid. Any person or persons who continue to feel aggrieved by this program, or any decisions made by the zoning administrator, may appeal those decisions, in writing, to the board of supervisors. Appeals to the board of supervisors must be made within thirty (30) days of the date of the written decision by the zoning administrator, or such decision shall be final.
Any decision by the board of supervisors regarding the septic pump-out program may be appealed by petitioning the Circuit Court of Isle of Wight County within thirty (30) days after the final decision of the board of supervisors, or such decision shall be final.
F.
Septic tank effluent filters: .....The septic pump-out program allows the installation of septic tank effluent filters on all new on-site septic systems and as a retrofit on all existing septic systems, where appropriate. The Virginia Department of Health has advised that some types of septic treatment systems do not have septic tanks and are not designed to include septic effluent filters (some aerobic sewage treatment units, for example, are not appropriate for installation of these effluent filters).
Under the septic pump-out program, if deemed appropriate by the local health department and subject to conditions the local health department may set, owners have the option, in lieu of pump-out, to install and maintain a plastic filter in the outflow pipe from the septic tank to filter solid material from the effluent while sustaining adequate flow to the drainfield to permit normal use of the septic system. Please be aware of manufacturer specifications for effluent filters and any maintenance requirements associated with these filters.
The county strongly recommends that septic tank effluent filters be installed by septic tank contractors and in accordance with standards set by the Virginia Department of Health. (5-15-08; 3-20-14; 4-16-15.)