{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2157.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2157.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2157.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2157.html"}],"law_id":73804,"edition_id":1,"section_id":73804,"structure_id":14779,"section_number":"15.2-2157","catch_line":"Onsite sewage systems when sewers not available; civil penalties","history":"Code 1950, \u00a7 15-77.20; 1958, c. 328; 1962, c. 623, \u00a7 15.1-856; 1997, c. 587; 2005, c. 814; 2007, c. 924; 2009, cc. 786, 846; 2016, c. 721.","full_text":"A\n\nAny locality may require the installation, maintenance and operation of, regulate and inspect onsite sewage systems or other means of disposing of sewage when sewers or sewerage disposal facilities are not available; without liability to the owner thereof, may prevent the maintenance and operation of onsite sewage systems or such other means of disposing of sewage when they contribute or are likely to contribute to the pollution of public or private water supplies or the contraction or spread of infectious, contagious and dangerous diseases; and may regulate and inspect the disposal of human excreta.B\n\nAny locality that (i) has a record of the location of alternative and conventional onsite sewage systems and alternative discharging systems; (ii) has notified owners of their maintenance responsibility for such systems; and (iii) has a method to identify property transfer may adopt an ordinance establishing a uniform schedule of civil penalties for violations of specified provisions for the operation and maintenance of alternative and conventional onsite sewage systems and alternative discharging systems, as defined in § 32.1-163, that are not abated or remedied within 30 days after receipt of notice of violation from the local health director or his designee. No civil action authorized under this section shall proceed while a criminal action is pending and no criminal action shall proceed if the violation has been abated or remedied through civil enforcement.\n\t\t\tThis schedule of civil penalties shall be uniform for each type of specified violation, and the penalty for any one violation shall be a civil penalty of not more than $100 for the initial summons and not more than $150 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 10-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 $3,000. 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 a particular ordinance violation for a civil penalty pursuant to this section shall be 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.\n\t\t\tThe local health director or his designee 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 department of finance or the treasurer of the locality 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.\n\t\t\tIf 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.\n\t\t\tThis section shall be not interpreted to allow the imposition of civil penalties for activities related to land development.C\n\nWhen sewers or sewerage disposal facilities are not available, a locality shall not prohibit the use of alternative onsite sewage systems that have been approved by the Virginia Department of Health for use in the particular circumstances and conditions in which the proposed system is to be operating.D\n\nA locality shall not require maintenance standards and requirements for alternative onsite sewage systems that exceed those allowed under or established by the State Board of Health pursuant to § 32.1-164.E\n\nThe State Health Commissioner shall require, as a precondition to the issuance of an alternative onsite sewage system permit pursuant to § 32.1-164 to serve a residential structure, that the property owner record an instrument identifying by reference the applicable maintenance regulations for each component of the system in the land records of the clerk of the circuit court in the jurisdiction where all or part of the site or proposed site of the onsite sewage system is to be located, which shall be transferred with the title to the property upon the sale or transfer of the land that is the subject of the permit.","order_by":null,"text":{"0":{"id":265359,"text":"Any locality may require the installation, maintenance and operation of, regulate and inspect onsite sewage systems or other means of disposing of sewage when sewers or sewerage disposal facilities are not available; without liability to the owner thereof, may prevent the maintenance and operation of onsite sewage systems or such other means of disposing of sewage when they contribute or are likely to contribute to the pollution of public or private water supplies or the contraction or spread of infectious, contagious and dangerous diseases; and may regulate and inspect the disposal of human excreta.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":265360,"text":"Any locality that (i) has a record of the location of alternative and conventional onsite sewage systems and alternative discharging systems; (ii) has notified owners of their maintenance responsibility for such systems; and (iii) has a method to identify property transfer may adopt an ordinance establishing a uniform schedule of civil penalties for violations of specified provisions for the operation and maintenance of alternative and conventional onsite sewage systems and alternative discharging systems, as defined in § 32.1-163, that are not abated or remedied within 30 days after receipt of notice of violation from the local health director or his designee. No civil action authorized under this section shall proceed while a criminal action is pending and no criminal action shall proceed if the violation has been abated or remedied through civil enforcement.\n\t\t\tThis schedule of civil penalties shall be uniform for each type of specified violation, and the penalty for any one violation shall be a civil penalty of not more than $100 for the initial summons and not more than $150 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 10-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 $3,000. 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 a particular ordinance violation for a civil penalty pursuant to this section shall be 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.\n\t\t\tThe local health director or his designee 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 department of finance or the treasurer of the locality 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.\n\t\t\tIf 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.\n\t\t\tThis section shall be not interpreted to allow the imposition of civil penalties for activities related to land development.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":265361,"text":"When sewers or sewerage disposal facilities are not available, a locality shall not prohibit the use of alternative onsite sewage systems that have been approved by the Virginia Department of Health for use in the particular circumstances and conditions in which the proposed system is to be operating.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":265362,"text":"A locality shall not require maintenance standards and requirements for alternative onsite sewage systems that exceed those allowed under or established by the State Board of Health pursuant to § 32.1-164.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":265363,"text":"The State Health Commissioner shall require, as a precondition to the issuance of an alternative onsite sewage system permit pursuant to § 32.1-164 to serve a residential structure, that the property owner record an instrument identifying by reference the applicable maintenance regulations for each component of the system in the land records of the clerk of the circuit court in the jurisdiction where all or part of the site or proposed site of the onsite sewage system is to be located, which shall be transferred with the title to the property upon the sale or transfer of the land that is the subject of the permit.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14779,"edition_id":1,"name":"Miscellaneous Services, etc., in Certain Localities","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":13192,"metadata":{},"date_created":"2026-06-26 03:49:51","date_modified":"2026-06-26 03:49:51","permalink":{"id":154773,"object_type":"structure","relational_id":14779,"identifier":"7","token":"15.2\/II\/21\/7","url":"\/15.2\/II\/21\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13192,"edition_id":1,"name":"Franchises; Sale and Lease of Certain Municipal Public Property; Public Utilities","identifier":"21","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:44:25","date_modified":"2026-06-26 03:44:25","permalink":{"id":154333,"object_type":"structure","relational_id":13192,"identifier":"21","token":"15.2\/II\/21","url":"\/15.2\/II\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73804,"structure_id":14779,"section_number":"15.2-2157","catch_line":"Onsite sewage systems when sewers not available; civil penalties","url":"\/15.2-2157\/","token":"15.2\/II\/21\/7\/15.2-2157","metadata":false},{"id":83488,"structure_id":14779,"section_number":"15.2-2157.1","catch_line":"Permit for onsite sewage disposal system installation in certain counties","url":"\/15.2-2157.1\/","token":"15.2\/II\/21\/7\/15.2-2157.1","metadata":false},{"id":79158,"structure_id":14779,"section_number":"15.2-2158","catch_line":"Fee for street lighting","url":"\/15.2-2158\/","token":"15.2\/II\/21\/7\/15.2-2158","metadata":false},{"id":56557,"structure_id":14779,"section_number":"15.2-2159","catch_line":"Fee for solid waste disposal by counties","url":"\/15.2-2159\/","token":"15.2\/II\/21\/7\/15.2-2159","metadata":false},{"id":56562,"structure_id":14779,"section_number":"15.2-2160","catch_line":"Provision of telecommunications services","url":"\/15.2-2160\/","token":"15.2\/II\/21\/7\/15.2-2160","metadata":false}],"next_section":{"id":83488,"structure_id":14779,"section_number":"15.2-2157.1","catch_line":"Permit for onsite sewage disposal system installation in certain counties","url":"\/15.2-2157.1\/","token":"15.2\/II\/21\/7\/15.2-2157.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2157\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 328; in 1962, chapter 623; in 1997, chapter 587<\/a>; in 2005, chapter 814<\/a>; in 2007, chapter 924<\/a>; in 2009, chapters 786<\/a> and 846<\/a>; in 2016, chapter 721<\/a>.<\/p>","references":false,"refers_to":[{"id":64577,"section_number":"32.1-163","catch_line":"Definitions","order_by":null,"url":"\/32.1-163\/"},{"id":66759,"section_number":"32.1-164","catch_line":"Powers and duties of Board; regulations; fees; onsite soil evaluators; letters in lieu of permits; inspections; civil penalties","order_by":null,"url":"\/32.1-164\/"}],"permalink":{"id":154775,"object_type":"law","relational_id":73804,"identifier":"15.2-2157","token":"15.2\/II\/21\/7\/15.2-2157","url":"\/15.2-2157\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2157\/","token":"15.2\/II\/21\/7\/15.2-2157","dublin_core":{"Title":"Onsite sewage systems when sewers not available; civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2157","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any locality<\/span> may require the installation, maintenance and operation of, regulate and inspect onsite sewage systems or other means of disposing of sewage when sewers or sewerage disposal facilities are not available; without liability to the owner thereof, may prevent the maintenance and operation of onsite sewage systems or such other means of disposing of sewage when they contribute or are likely to contribute to the pollution of public or private water supplies or the contraction or spread of infectious, contagious and dangerous diseases; and may regulate and inspect the disposal of human excreta. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any locality<\/span> that (i) has a record of the location of alternative and conventional onsite sewage systems and alternative discharging systems; (ii) has notified owners of their maintenance responsibility for such systems; and (iii) has a method to identify property transfer may adopt an ordinance<\/span> establishing a uniform schedule of civil penalties for violations of specified provisions for the operation and maintenance of alternative and conventional onsite sewage systems and alternative discharging systems, as defined in § 32.1-163<\/a>, that are not abated or remedied within 30 days after receipt of notice of violation from the local health director or his designee. No civil action<\/span> authorized under this section shall proceed while a criminal action is pending and no criminal action shall proceed if the violation has been abated or remedied through civil enforcement.\n\t\t\tThis schedule of civil penalties shall be uniform for each type of specified violation, and the penalty<\/span> for any one violation shall be a civil penalty<\/span> of not more than $100 for the initial summons<\/span> and not more than $150 for each additional summons<\/span>. Each day during which the violation is found to have existed shall constitute a separate offense<\/span>. However, specified violations arising from the same operative set of facts<\/span> shall not be charged more frequently than once in any 10-day period, and a series of specified violations arising from the same operative set of facts<\/span> shall not result in civil penalties exceeding a total of $3,000. If the violation is not abated after the imposition of the maximum fine, the locality<\/span> may pursue other remedies as provided by law<\/span>. Designation of a particular ordinance<\/span> violation for a civil penalty<\/span> pursuant to this section shall be 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.\n\t\t\tThe local health director or his designee may issue<\/span> a civil summons<\/span> ticket as provided by law<\/span> for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance<\/span> in person or in writing by mail to the department of finance or the treasurer of the locality<\/span> prior to the date fixed for trial<\/span> in court<\/span>. Any person so appearing may enter a waiver<\/span> of trial<\/span>, admit liability, and pay the civil penalty<\/span> established for the offense<\/span> charged.\n\t\t\tIf a person charged with a scheduled violation does not elect to enter a waiver<\/span> of trial<\/span> and admit liability, the violation shall be tried in the general district court<\/span> in the same manner and with the same right of appeal<\/span> as provided for by law<\/span>. In any trial<\/span> for a scheduled violation, the locality<\/span> shall have the burden of proving by a preponderance of the evidence<\/span> the liability of the alleged violator. An admission of liability or finding<\/span> of liability under this section shall not be deemed an admission at a criminal proceeding.\n\t\t\tThis section shall be not interpreted to allow the imposition of civil penalties for activities related to land development. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When sewers or sewerage disposal facilities are not available, a locality<\/span> shall not prohibit the use of alternative onsite sewage systems that have been approved by the Virginia Department of Health for use in the particular circumstances and conditions in which the proposed system is to be operating. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A locality<\/span> shall not require maintenance standards and requirements for alternative onsite sewage systems that exceed those allowed under or established by the State Board of Health pursuant to § 32.1-164<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The State Health Commissioner shall require, as a precondition to the issuance of an alternative onsite sewage system permit pursuant to § 32.1-164<\/a> to serve a residential structure, that the property owner record an instrument identifying by reference the applicable maintenance regulations for each component of the system in the land records of the clerk of the circuit<\/span> court<\/span> in the jurisdiction<\/span> where all or part of the site or proposed site of the onsite sewage system is to be located, which shall be transferred with the title to the property upon the sale or transfer of the land that is the subject of the permit. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nONSITE SEWAGE SYSTEMS WHEN SEWERS NOT AVAILABLE; CIVIL PENALTIES (\u00a7 15.2-2157)\n\nA. Any locality may require the installation, maintenance and operation of,\nregulate and inspect onsite sewage systems or other means of disposing of sewage\nwhen sewers or sewerage disposal facilities are not available; without liability\nto the owner thereof, may prevent the maintenance and operation of onsite sewage\nsystems or such other means of disposing of sewage when they contribute or are\nlikely to contribute to the pollution of public or private water supplies or the\ncontraction or spread of infectious, contagious and dangerous diseases; and may\nregulate and inspect the disposal of human excreta.\n\nB. Any locality that (i) has a record of the location of alternative and\nconventional onsite sewage systems and alternative discharging systems; (ii) has\nnotified owners of their maintenance responsibility for such systems; and (iii)\nhas a method to identify property transfer may adopt an ordinance establishing a\nuniform schedule of civil penalties for violations of specified provisions for\nthe operation and maintenance of alternative and conventional onsite sewage\nsystems and alternative discharging systems, as defined in § 32.1-163, that\nare not abated or remedied within 30 days after receipt of notice of violation\nfrom the local health director or his designee. No civil action authorized under\nthis section shall proceed while a criminal action is pending and no criminal\naction shall proceed if the violation has been abated or remedied through civil\nenforcement.\n\t\t\tThis schedule of civil penalties shall be uniform for each type of specified\nviolation, and the penalty for any one violation shall be a civil penalty of not\nmore than $100 for the initial summons and not more than $150 for each\nadditional summons. Each day during which the violation is found to have existed\nshall constitute a separate offense. However, specified violations arising from\nthe same operative set of facts shall not be charged more frequently than once\nin any 10-day period, and a series of specified violations arising from the same\noperative set of facts shall not result in civil penalties exceeding a total of\n$3,000. If the violation is not abated after the imposition of the maximum fine,\nthe locality may pursue other remedies as provided by law. Designation of a\nparticular ordinance violation for a civil penalty pursuant to this section\nshall be in lieu of criminal penalties, except for any violation that\ncontributes to or is likely to contribute to the pollution of public or private\nwater supplies or the contraction or spread of infectious, contagious, and\ndangerous diseases.\n\t\t\tThe local health director or his designee may issue a civil summons ticket as\nprovided by law for a scheduled violation. Any person summoned or issued a\nticket for a scheduled violation may make an appearance in person or in writing\nby mail to the department of finance or the treasurer of the locality prior to\nthe date fixed for trial in court. Any person so appearing may enter a waiver of\ntrial, admit liability, and pay the civil penalty established for the offense\ncharged.\n\t\t\tIf a person charged with a scheduled violation does not elect to enter a\nwaiver of trial and admit liability, the violation shall be tried in the general\ndistrict court in the same manner and with the same right of appeal as provided\nfor by law. In any trial for a scheduled violation, the locality shall have the\nburden of proving by a preponderance of the evidence the liability of the\nalleged violator. An admission of liability or finding of liability under this\nsection shall not be deemed an admission at a criminal proceeding.\n\t\t\tThis section shall be not interpreted to allow the imposition of civil\npenalties for activities related to land development.\n\nC. When sewers or sewerage disposal facilities are not available, a locality\nshall not prohibit the use of alternative onsite sewage systems that have been\napproved by the Virginia Department of Health for use in the particular\ncircumstances and conditions in which the proposed system is to be operating.\n\nD. A locality shall not require maintenance standards and requirements for\nalternative onsite sewage systems that exceed those allowed under or established\nby the State Board of Health pursuant to § 32.1-164.\n\nE. The State Health Commissioner shall require, as a precondition to the\nissuance of an alternative onsite sewage system permit pursuant to §\n32.1-164 to serve a residential structure, that the property owner record an\ninstrument identifying by reference the applicable maintenance regulations for\neach component of the system in the land records of the clerk of the circuit\ncourt in the jurisdiction where all or part of the site or proposed site of the\nonsite sewage system is to be located, which shall be transferred with the title\nto the property upon the sale or transfer of the land that is the subject of the\npermit.\n\nHISTORY: Code 1950, \u00a7 15-77.20; 1958, c. 328; 1962, c. 623, \u00a7 15.1-856; 1997,\nc. 587; 2005, c. 814; 2007, c. 924; 2009, cc. 786, 846; 2016, c. 721.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}