STAFFORD — The Stafford County Board of Supervisors put new stricter rules in place for septic systems.
The new ordinance adopted on Nov. 7 requires inspection and enforcement to ensure that these systems are running smoothly.
Stafford County residents have experienced problems when using community septic systems which are located in common open space such as a neighborhood. They are usually maintained by a homeowners association.
Many of these failed systems were developed decades ago.
“The older systems, which were established 30 to 40 years ago would be referred to as a mass drain field,” said Jason Towery, director of utilities.
The issue was originally brought up by the Stafford County Planning Commission when subdivisions Canterbury Estates, Mussleman’s Mobile Home Park, Calvin Court Mobile Home Park, and Hope Springs Marina said septic systems around them were failing.
According to state law, the county cannot require a developer to hire a private utility company to install a septic system in a subdivision of fewer than 50 lots.
Most developers in Stafford, however, will build around 45 to 49 houses during each phase on construction to avoid paying a private utility company for their services. Hartwood Supervisor Gary Snellings said a new development is being built near the Rappahonack River and that the developer plans to build 49 houses during the first phase and seven during the second phase to avoid paying for a private utility company.
The developers who use the loophole in the law have used the mass drainfield system instead of a septic system built by a private utility company.
Since 2004, The Virginia Department of Health (VDH) requires that owners of alternative septic systems, ones that are built by private utility companies, to perform yearly maintenance of the system but were not allowed to require documentation of such maintenance until 2011. Since 2004, the VDH says that they’ve had about 40% compliance through voluntary testing.
Rock Hill Supervisor Wendy Maurer appeared frustrated with the lack of compliance and authority that the VDH has over the septic system inspections.
“My job isn’t to tell the VDH what to do,” Maurer said. “Although it appears I’m giving them 50 percent of their funding. My job is to protect my citizens.”
An HOA could hire a company to maintain the septic systems and drain fields. State law says that an HOA is supposed to have a licensed operator to operate the septic systems. It’s also up to the HOA to ensure that operations are running properly.
The county has started to refer engineers to the affected communities.
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