§ 17-8. Mandatory septic tank pump-out.

(a)

Except as otherwise provided in this section, all on-site sewage treatment systems with a septic tank and/or drain field that is located within five hundred (500) feet of the seven hundred ninety-five-foot contour of the shores of Smith Mountain Lake shall be pumped out at least once every five (5) years.

(b)

It shall be the responsibility of the property owner to provide the County with documentation demonstrating that the on-site sewage treatment system was successfully pumped out within the required five-year period, by a sewage handler permitted and certified by the Virginia Department of Health.

(c)

The property owner shall not be required to have the on-site sewage treatment system pumped out within the required five-year period, if one or more of the following are met:

(1)

The property owner provides documentation to the County, demonstrating that the on-site sewage treatment system has been inspected within the required five-year period by a sewage handler permitted and certified by the Virginia Department of Health, and that the results of such inspection demonstrate that the solid waste material within the septic tank does not exceed one-third ( 1/3 ) of the effluent height of the septic tank, and that the septic system is functioning properly.

(2)

The property owner provides documentation to the county, demonstrating that the property was vacant, dormant, or otherwise unused for a net total of thirty-six (36) consecutive months within a given five-year period. A property may be deemed vacant, dormant, or otherwise unused if monthly electricity usage is less than one hundred (100) kilowatt-hours per month, for a net total of thirty-six (36) consecutive months within a given five-year period. Usage notwithstanding, this exemption may be used only once during any given ten-year period.

(d)

Every on-site sewage treatment systems shall be kept in good repair so that the system functions as originally designed.

(e)

Within six (6) months of the effective date of this section, the owner of any septic tank covered by these provisions shall register with the department of planning and community development as to the location of the tank and the last documented pump out performed on the tank. Said registration shall be accompanied by a registration fee of thirty-five dollars ($35.00) to be used in the administration of this program.

(f)

If the county administrator, or the official designated by he/she, determines that the owner of a septic system has failed to comply with the requirements of subsection (a) or (b) of this section he shall notify the owner of such determination by certified mail, return receipt requested, sent to the address listed in the real estate tax records. Such notice shall also notify the owner that he/she is required to correct the violation. If the violation is not corrected within thirty (30) days after receipt of such notice, the county administrator or his/her designee may correct the violation. The cost of such correction, together with an administrative handling charge of one hundred fifty dollars ($150.00), shall be billed to the owner; and if not paid within thirty (30) days, the cost of correction and any administrative charge shall be added to and collected in the same manner as the real estate tax on such property. In addition, the county administrator or his/her designee shall certify to the clerk of the circuit court of the county that the cost and charge is unpaid and the clerk shall record such unpaid cost and charge in the judgment lien docket book. In the event that the county must seek compliance through court action, the court may, upon request, grant to the county a reasonable attorney's fee.

(g)

No person shall connect a storm drain to an on-site sewage treatment system. No person shall discharge unpolluted stormwater, surface water, groundwater, roof runoff or subsurface drainage or other unpolluted drainage into an on-site sewage treatment system.

(Res. No. 18-02-2006, 2-21-06, eff. 7-1-06; Res. No. 13-08-2013, 8-20-13)

(Res. No. 18-02-2006, 2-21-06, eff. 7-1-06; Res. No. 13-08-2013, 8-20-13)