                                 CODE OF VIRGINIA

LOCALITIES AUTHORIZED TO ESTABLISH, ETC., SEWAGE DISPOSAL SYSTEM; INCIDENTAL
POWERS (§ 15.2-2122)

For the purpose of providing relief from pollution, and for the improvement of
conditions affecting the public health, and in addition to other powers
conferred by law, any locality shall have power and authority to:

1. Establish, construct, improve, enlarge, operate and maintain a sewage
disposal system with all the necessary sewers, conduits, pipelines, pumping and
ventilating stations, treatment plants and works, and other plants, structures,
boats, conveyances and other real and personal property necessary for the
operation of such system, subject to the approvals required by &#xA7;
62.1-44.19.

2. Acquire as permitted by &#xA7; 15.2-1800, real estate, or rights or easements
therein, necessary or convenient for the establishment, enlargement, maintenance
or operation of such sewage disposal system and the property, in whole or in
part, of any private or public service corporation operating a sewage disposal
system or chartered for the purpose of acquiring or operating such a system,
including its lands, plants, works, buildings, machinery, pipes, mains and all
appurtenances thereto and its contracts, easements, rights and franchises,
including its franchise to be a corporation, and have the right to dispose of
property so acquired no longer necessary for the use of such system. However,
any locality condemning property hereunder shall rest under obligation to
furnish sewage service, at appropriate rates, to the customers of any
corporation whose property is condemned.

3. Borrow money for the purpose of establishing, constructing, improving and
enlarging the sewage disposal system and to issue bonds therefor in the name of
the locality.

4. Accept gifts or grants of real or personal property, money, material, labor
or supplies for the establishment and operation of such sewage disposal system
and make and perform such agreements or contracts as may be necessary or
convenient in connection with the procuring or acceptance of such gifts or
grants.

5. Enter on any lands, waters and premises for the purpose of making surveys,
borings, soundings and examinations for constructing and operating the sewage
disposal system, and for the prevention of pollution.

6. Enter into contracts with the United States of America, or any department or
agency thereof, or any person, firm or corporation, or the governing body of any
other locality, providing for or relating to the treatment and disposal of
sewage and industrial wastes.

7. Fix, charge and collect fees or other charges for the use and services of the
sewage disposal system; and, except in counties which are not otherwise
authorized, require the connection of premises with facilities provided for
sewage disposal services. Water and sewer connection fees established by any
locality shall be fair and reasonable. Such fees shall be reviewed by the
locality periodically and shall be adjusted, if necessary, to assure that they
continue to be fair and reasonable. Nothing herein shall affect existing
contracts with bondholders which are in conflict with any of the foregoing
provisions.

8. Finance in whole or in part the cost of establishing, constructing, improving
or enlarging the sewage disposal systems authorized to be established,
constructed, improved or enlarged by this section, in advance of putting such
systems in operation.

9. Fix, charge and collect fees and other charges for the use and services of
sanitary, combined and storm water sewers operated and maintained by any
locality. Such fees and charges may be fixed and collected in accordance with
and subject to the provisions of &#xA7;&#xA7; 15.2-2119 through 15.2-2119.4.

10. Establish standards for the use and services of sanitary, combined and
stormwater sewer systems, treatment works and appurtenances operated and
maintained by any locality, including but not limited to implementation of
applicable pretreatment requirements pursuant to the State Water Control Law
(&#xA7; 62.1-44.2 et seq.) and the federal Clean Water Act (33 U.S.C. &#xA7;
1251 et seq.). Such sewer use standards may be implemented by ordinance,
regulation, permit or contract of the locality or of the wastewater authority or
sanitation district, where applicable, and violations thereof may be enforced by
the same subject to the following conditions and limitations:
			a. No order assessing a civil penalty for a violation shall be issued until
after the user has been provided an opportunity for a hearing, except with the
consent of the user. The notice of the hearing shall be served personally or by
registered or certified mail, return receipt requested, on any authorized
representative of the user at least 30 days prior to the hearing. The notice
shall specify the time and place for the hearing, facts and legal requirements
related to the alleged violation, and the amount of any proposed penalty. At the
hearing the user may present evidence including witnesses regarding the
occurrence of the alleged violation and the amount of the penalty, and the user
may examine any witnesses for the locality. A verbatim record of the hearing
shall be made. Within 30 days after the conclusion of the hearing, the locality
shall make findings of fact and conclusions of law and issue the order.
			b. No order issued by the locality shall assess civil penalties in excess of
the maximum amounts established in subdivision (8a) of &#xA7; 62.1-44.15, except
with the consent of the user. The actual amount of any penalty assessed shall be
based upon the severity of the violations, the extent of any potential or actual
environmental harm or facility damage, the compliance history of the user, any
economic benefit realized from the noncompliance, and the ability of the user to
pay the penalty, provided, however, that in accordance with subdivision 10 d, a
locality may establish a uniform schedule of civil penalties for specified types
of violations. In addition to civil penalties, the order may include a monetary
assessment for actual damages to sewers, treatment works and appurtenances and
for costs, attorney fees and other expenses resulting from the violation. Civil
penalties in excess of the maximum amounts established in subdivision (8a) of
&#xA7; 62.1-44.15 may be imposed only by a court in amounts determined in its
discretion but not to exceed the maximum amounts established in &#xA7;
62.1-44.32.
			c. Any order issued by the locality, whether or not such order assesses a
civil penalty, shall inform the user of his right to seek reconsideration or
review within the locality, if authorized, and of his right to judicial review
of any final order by appeal to circuit court on the record of proceedings
before the locality. To commence an appeal, the user shall file a petition in
circuit court within 30 days of the date of the order, and failure to do so
shall constitute a waiver of the right to appeal. With respect to matters of
law, the burden shall be on the party seeking review to designate and
demonstrate an error of law subject to review by the court. With respect to
issues of fact, the duty of the court shall be limited to ascertaining whether
there was substantial evidence in the record to reasonably support such
findings.
			d. In addition, a locality may, by ordinance, establish a uniform schedule of
civil penalties for violations of fats, oils, and grease standards; infiltration
and inflow standards; and other specified provisions of any ordinance (other
than industrial pretreatment requirements of the State Water Control Law (&#xA7;
62.1-44.2 et seq.) or federal Clean Water Act (33 U.S.C. &#xA7; 1251 et seq.).
The 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, not more than $150 for each additional
summons and not more than a total amount of $3,000 for a series of specified
violations arising from the same operative set of facts. The locality may issue
a civil summons ticket 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 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. 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 such trial, 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, and no civil action authorized by
this section shall proceed while a criminal action is pending.
			e. This subdivision shall neither preclude a locality from proceeding
directly in circuit court to compel compliance with its sewer use standards or
seek civil penalties for violation of the same nor be interpreted as limiting
any otherwise applicable legal remedies or sanctions. Each day during which a
violation is found to have existed shall constitute a separate violation, and
any civil penalties imposed under this subdivision shall be applied to the
purpose of abating, preventing or mitigating environmental pollution.
			f. For purposes of enforcement of standards established under this
subdivision, &#8220;locality&#8221; shall mean the locality&#8217;s director of
public utilities or other designee of the locality with responsibility for
administering and enforcing sewer use standards or, in the case of a wastewater
authority or sanitation district, its chief executive.

HISTORY: Code 1950, § 15-739.1; 1950, p. 1610; 1954, c. 332; 1962, c. 623, §
15.1-320; 1979, c. 181; 1991, c. 194; 1997, cc. 12, 587; 2010, c. 198; 2017, c.
736.