(a) There is hereby established a uniform schedule of civil penalties for the following violations of these regulations.
(1) Failure by an operator to submit a pump-out report within the required time frame in accordance with 1066.07(b) - fifty dollars ($50.00) for each summons.
(2) Failure by an owner to pump-out a septic tank within the required time frame in accordance with 1066.07(b) - one hundred dollars ($100.00) for an initial summons and one hundred fifty dollars ($150.00) for each additional summons.
(3) Failure by an owner to maintain, repair or replace any conventional or alternative discharging system which has ceased to function as designed in a sanitary manner in accordance with Section 1066.07(a) - one hundred dollars ($100.00) for an initial summons and one hundred fifty dollars ($150.00) for each additional summons.
(4) Failure by an owner and/or installer to obtain the approval of the Health Department for any modification, alteration, or expansion of an onsite sewage treatment system in accordance with 1066.03(a) - one hundred dollars ($100.00) for an initial summons and one hundred fifty dollars ($150.00) for each additional summons.
(5) Failure by an operator to obtain a septic tank cleaners license before cleaning septic tanks, settling tanks and/or vaults designed to hold or retain solids and/or liquids in conjunction with any sewage disposal system - one hundred dollars ($100.00) for an initial summons and one hundred fifty dollars ($150.00) for each additional summons.
(6) Failure by an operator to dispose of septage, sewage, grease or other material from septic or other sewage retention tanks at an approved septage receiving facility - one hundred dollars ($100.00) for an initial summons and one hundred fifty dollars ($150.00) for each additional summons.
(7) Failure by the owner of an alternative discharging sewage system to procure and file an inspection report or required sampling results as required in 1066.06 - one hundred dollars ($100.00) for an initial summons and one hundred fifty dollars ($150.00) for each additional summons.
(8) Failure by an owner of a structure with interior plumbing, not served by an approved onsite sewage treatment system, to connect to an approved sanitary sewer when within 300' of the structure in accordance with Section 1066.09 - one hundred dollars ($100.00) for an initial summons and one hundred fifty dollars ($150.00) for each additional summons.
(9) Failure by an owner or person to cease discharging into any natural outlet or in any area under jurisdiction of the County, sewage, septage, or sullage where a permit has not been issued and suitable treatment has not been provided in accordance with Section 1066.02(c) - one hundred dollars ($100.00) for an initial summons and one hundred fifty dollars ($150.00) for each additional summons.
Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any ten-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties exceeding a total of three thousand dollars ($3,000.00). If the violation is not abated after the imposition of the maximum fine, the locality may pursue other remedies as provided by law. Designation of these particular ordinance violations for a civil penalty are in lieu of criminal penalties, except for any violation that contributes to or is likely to contribute to the pollution of public or private water supplies or the contraction or spread of infectious, contagious, and dangerous diseases.
The Health Department may issue a civil summons ticket as provided by law for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the Treasurer of Loudoun County, Virginia, prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged.
If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. In any trial for a scheduled violation, the locality shall have the burden of proving by a preponderance of the evidence the liability of the alleged violator. An admission of liability or finding of liability under this section shall not be deemed an admission at a criminal proceeding.
(b) Except as otherwise provided in this section, whoever violates any provision of this ordinance is subject to the General Code Penalty provisions in Section 202.99 of the Codified Ordinances of Loudoun County.
(c) In addition to the enforcement of the penalties provided in this section, the Health Director may bring a civil action for injunction, abatement or any other legal or equitable remedy to prevent, enjoin, abate or remove a violation of the provisions of this chapter.
(Ord. 17-03. Passed 1-19-17; Ord. 19-17. Passed 11-13-19.)