Date of Meeting: January 11, 2013

TRANSPORTATION LAND USE COMMITTEE INFORMATION ITEM

SUBJECT: Presentation Covering Pump and Haul Facilities ELECTION DISTRICT: Countywide STAFF CONTACT: Joseph Lock, Health Department

David Goodfriend, Health Department BACKGROUND: This presentation has been prepared for the Transportation and Land Use Committee (TLUC) for informational purposes and to outline the procedures associated with the review of Permanent Pump and Haul requests. This information has been presented to the TLUC during prior Board of Supervisors terms and may be useful to the current TLUC in evaluating future Permanent Pump and Haul requests. ISSUES: In accordance with the Virginia Sewage Handling and Disposal Regulations, 12 VAC 5-610-599.3. Permanent Pump and Haul may be permitted with the condition that the government entity approve the proposal. Historically in Loudoun County, the government entity for approval of permanent pump and haul has been the Board of Supervisors. On September 8, 2010, delegation of approval authority for certain permanent pump and haul applications was granted to the County Administrator by the Board of Supervisors. Therefore, permanent pump and haul applications that meet the General Comprehensive Plan and the Loudoun County Health Department practice are administratively approved by the County Administrator instead of being reviewed and approved by the Board of Supervisors. This information item is to provide an overview of the approval process for a proposed permanent pump and hauls, geographic locations; minimum standards; and general condition for installed systems, the types of pump and hauls, the general permit, the three way agreement, and the annual Loudoun County Health Department inspection process for properties served by existing pump and haul facilities. ATTACHMENT: 1. PowerPoint Presentation dated December 2012

# 4

A Review of Sewage Pump

and Haul Permits

Loudoun County Health Department

January 2013

What Is Pump and Haul?

A pump and haul system consists of a sealed septic tank normally

with an audio/visual alarm.

Simply, when the tank is full, it must be pumped out.

Why Does the Transportation Land Use

Committee/BOS Need to Know About

Pump and Haul?

To understand their role in the permanent pump and haul

application process.

The County holds the General Permit that was issued by the State Health Department. Facilities approved by the

Committee and the Board of Supervisors are then added to

this permit.

Typical Pump and Haul System

Pump and Haul Types

1. Emergency

2. Temporary

3. Permanent

Emergency

Pump and Haul

Used when a serious malfunction of an existing sewage disposal system has occurred.

Pumping and hauling may be authorized for a finite period of time until corrections can be made.

For reconstructions and repairs of existing systems.

Approving authority is the Loudoun County Health Department.

Temporary

Pump and Haul Not the usual practice in order to permit premature and unplanned

real estate or commercial development in an area where sewerage facilities do not exist.

Construction of an approved sewerage system is actively in progress.

Project is fully bonded to guarantee completion of the system.

The completion is assured and is usually for a time period of less than one year (letter required from Loudoun Water).

Approving authority is the Loudoun County Health Department in conjunction with Loudoun Water.

Permanent

Pump and Haul

Pump and haul under a permanent basis is prohibited unless done under the auspices and supervision of a government entity (12 VAC §5-610-599)

Contractual agreement between the applicant, the Loudoun County Health Department, and the County of Loudoun is required.

For Loudoun County, The Board of Supervisors is the approving authority.

Historically, permanent pump and haul approvals

have been limited to circumstances of:

Malfunctions

Substandard sewage disposal systems

Special cases

ADMINISTRATIVE PROCESS

•TO EXPEDITE THE PROCESS,

LOUDOUN COUNTY

GOVERNMENT PROPOSED THE

ADMINISTRATIVE PROCESS

WHERE THESE TYPES OF

PROPOSALS WOULD NOT BE

REVIEWED BY THE TLUC OR

THE BOARD OF SUPERVISORS.

ONLY THE COUNTY

ADMINISTRATOR WOULD BE

INVOLVED WITH THIS PROCESS.

WHAT ABOUT THOSE

PROPERTIES THAT

MEET THE

COMPREHENSIVE

PLAN AND THE

HEALTH DEPARTMENT

POLICY?

ADMINISTRATIVE APPROVAL RESOLUTION

Resolution of the Loudoun County Board of Supervisors

AUTHORIZING THE LOUDOUN COUNTY ADMINISTRATOR, THE AUTHORITY TO

APPROVE PERMANENT PUMP AND HAUL REQUESTS THAT MEET BOTH THE

COMPREHENSIVE PLAN AND THE LOUDOUN COUNTY HEALTH DEPARTMENT’S

RECOMMENDATION FOR APPROVAL

WHEREAS, Loudoun County has a General Pump and Haul Permit to allow permanent pumping and

hauling of sewage in the County, and

WHEREAS, Loudoun County has the authority to add permanent pump and haul facilities to the

General Pump and Haul Permit, and

WHEREAS, The Loudoun County Health Department will prepare and submit those permanent pump

and haul requests that meet the Comprehensive Plan and the Health Department recommendation for

approval to the County Administrator, and

WHEREAS, at the May 4, 2010 Board of Supervisors Business Meeting, the Board approved the

Transportation and Land Use Committee recommendation that the Board of Supervisors delegate

approval authority to the County Administrator for Permanent Pump and Haul requests that meet both

the Comprehensive Plan and the Loudoun County Health Department’s recommendation for approval,

and

WHEREAS, it was further moved that staff be directed to prepare a resolution affirming such action to

delegate this authority and said draft resolution be brought to the Board of Supervisors for action,

BE IT RESOLVED that the Loudoun County Administrator will now have the authority to approve

those permanent pump and haul requests that meet both the Comprehensive Plan and the Loudoun

County Health Department’s recommendation for approval.

COPY TESTE FOR

ADMINISTRATIVE

APPROVAL

PROCESS

The General

Pump and Haul Permit

FOR ALL APPROVALS

General Permit County approved entering into the General Permit

agreement with the State Health Department on November 6, 1995.

As holder of the permit, the Loudoun County Government has the authority to add additional permanent pump and haul facilities to the permit.

The Loudoun County Board of Supervisors was designated to be the approving authority.

General Permit Referencing

the Three Way Agreement

The County is furthermore authorized, pursuant to its

ordinances, resolutions, or other approval and this Permit,

to add or remove individual facilities from this list ( by

withdrawing its supervision of the pump and haul ). This

permit shall be subject to the following conditions:

County may require bonding or other assurances from the

third party Owner of any served structure or facility. See

attached three - way Contractual Agreement for County

requirements.

THREE WAY AGREEMENT IN ORDER TO BE ADDED TO THE GENERAL

PERMIT, IT IS REQUIRED THAT THE PERMANENT

PUMP AND HAUL OWNER ENTER INTO A THREE

WAY AGREEMENT.

THIS SIGNED AGREEMENT IS BETWEEN THE

PUMP AND HAUL OWNER, THE COUNTY

GOVERNMENT AND THE STATE GOVERNMENT.

PERMANENT PUMP AND HAUL CONTRACTUAL

AGREEMENT BETWEEN APPLICANT, COUNTY OF

LOUDOUN, AND THE VIRGINIA DEPARTMENT OF

HEALTH Local County requirements :No sewage storage facility shall be placed into operation until the

local health department has inspected and approved the system. If the County ceases providing

pump and haul services to any individual facility, it shall notify the Commissioner immediately. In

such instances, the Commissioner, or the Commissioner's designee, shall notify the Owner of the

facility that pump and haul is no longer an approved method of sewage disposal and that a

violation of the Regulations may be occurring. The Commissioner, or the Commissioner's

designee, may initiate any lawful enforcement action necessary to enforce the Regulations If the

General Permit is revoked, the County must cease pump and haul operations at all facilities

immediately

WHEREAS, Part III, Article 2 of the Virginia Sewage Handling and Disposal Regulations

permit the disposal of sewage on a "Pump and Haul" basis by a government entity upon execution

of a contract between the government entity and the Department, and upon issuance of this by the

Department for pumping and hauling and for each sewage facility1) no practical economic

method exists, under current circumstances, except by pumping and hauling to a Department

approved sewage disposal facility; and 2) the Owner has contracted with a private contractor

holding a sewage handling permit to pump and haul sewage as required; and 3) the County does

guarantee to the Department that the Owner shall comply with all applicable provisions of said

regulations, and those in the General Permit issued by the Commissioner of Health.

Continuation of Agreement

THEREFORE, WITNESSETH: That, for and in consideration of the requirements of said regulations, the issuance of pump and

haul permits and sewage storage facility permits, and in consideration of the benefits accruing to the Owner as a result thereof,

the parties all agree as follows:

2.The County shall apply to the Department for a pump and haul permit to provide sewage collection and disposal services to

Loudoun Habitat for Humanity and the County agrees to guarantee compliance by the Owner with all applicable regulations

concerning sewage collection and disposal services.

3. The Owner shall comply with all applicable regulations and codes. The Owner shall bear all costs associated with the pump and

haul operation, including application fees, bonding agreements, and pumping contracts to assure proper operation and

maintenance of the system. The owner shall also be responsible for insuring that the pump and haul provider submits all

required reports, records, and receipts through the Health Department’s on-line tracking system. The Owner shall be

required to connect to public sewer within sixty ( 60 ) days when it becomes available to the property, or within 300

feet of the property. All costs/fees associated for the physical connection to the sewer and the abandonment of the

pump and haul system will be the Owner's responsibility. The Owner shall also comply with any additional conditions

for approval that the County may require.

4. The County will provide pump and haul services to the owner either directly or through a private contractor holding a sewage

handling permit for the period the structure and facilities are utilized or until connection can be made to public sewer.

5. The Department, upon receipt of proper application therefore, and provided all applicable regulations are adhered to, will issue

all permits required for each sewage storage facility and pump and haul operation required to provide sewage collection and

disposal from the property.

6. Loudoun Water (formally Loudoun County Sanitation Authority) shall receive and treat all sewage delivered to County's

facilities from the facility.

7. Nothing herein shall be construed to restrict the Department's ability to revoke the permit(s) for failure to comply with

provisions of applicable statutes, the Sewage Handling and Disposal Regulations, or other applicable regulations.

8. The pump and haul permit is valid only for the aforementioned residence or establishment. Any change of use must be

approved in advance by the Department and the Loudoun County Board of Supervisors.

9. The pump and haul permit is not transferable without Health Department approval.

COUNTY REQUIREMENTS

• POLICIES AND PLANS

2001 General Plan

Loudoun County Revised General Plan

Chapter 2 -- Planning Approach

General Wastewater Policy, pp. 2-21, 2-22

Suburban Policy Area The county will allow permanent pump and haul operations

only to serve existing non-residential uses in the suburban policy area if there is a demonstrated health risk associated with the existing on-site treatment facility and the use is a permitted use as identified by the zoning ordinance.

Permanent pump and haul operations will not be permitted to serve new development or serve as a means of expanding an existing use.

The Loudoun County Health Department and Loudoun Water must approve pump and haul operations.

Rural Policy Area or Existing

Rural Villages

Pump and haul operations are not permitted in the rural policy

area or existing rural villages except as a last resort and

temporary wastewater disposal method to address a proven,

public health emergency.

The County will determine the length of the period during

which pump and haul disposal will be allowed.

(Amended 04/20/2004)

Pump and Haul Permits

by Type

* These numbers fluctuate by their nature

This information is correct for November 2012

Pump and Haul

Numbers

The numbers fluctuate for types due to: 1) Repair drainfield installed or corrections completed

2) Connection to sewer

3) Conversion from Emergency to Permanent pump and haul

4) Structure abandoned

Location of Permanent

Pump and Haul Facilities

Map prepared by Christopher T. McCarthy, Office of Mapping and Geographic Information

(Thank you)

INSPECTIONS

1. On-site observation of the tank(s) to determine if the facility is being maintained as required.

2. Testing of the alarm system (if applicable).

3. Paperwork review for pump receipts (the Owner of the pump and haul facility is required, by permit, to submit pump receipts).

As part of the General Permit, annual inspections are required for each permitted permanent pump and haul facility.

Inspections include:

Components of a Pump and Haul System

Septic Tank & Riser Float

Audio/visual Alarm

Typical Pump and Haul

Pump and Haul

without Alarm

A Well Maintained Facility

Typical Problems Encountered

During Site Inspections

Lack of pumping (Observed sewage on the ground or within the

manhole).

Alarm not functioning or disabled.

Broken lids.

Failure to secure access risers.

Failure to send pump receipts or enter data in on-line data system.

Approximately 50% of pump and haul facilities are not in

compliance at the time of inspection, mostly due to not

providing receipts or entering pump data.

PROPER LID WITH

ELECTRICAL PANEL

SCREWS ARE MANDATORY!

Broken Lid

POSSIBLE CONCERNS

A property brought back by

pump and haul

Formerly abandoned, now this property has

an approved means of sewage disposal

Questions?

Respectfully Submitted:

Joseph Lock

Loudoun County Health Department