transportation and land use committee 01... · dr. david goodfriend, health department purpose: the...

Date of Meeting: December 16, 2016

# 1

BOARD OF SUPERVISORS TRANSPORTATION AND LAND USE COMMITTEE

ACTION ITEM SUBJECT: Permanent Pump & Haul Request: E. A. Burns,

Sterling Glass ELECTION DISTRICT: Sterling CRITICAL ACTION DATE: December 16, 2016 STAFF CONTACTS: Joe Lock, Rural Supervisor, Health Department Dr. David Goodfriend, Health Department PURPOSE: The purpose of this item is for the Board of Supervisors (Board) to consider the request from E. A. Burns, Sterling Glass, to provide “permanent” (greater than 12 months) Pump and Haul services for the existing commercial establishment located at 21563 Cascades Parkway. RECOMMENDATION: Staff recommends, consistent with previous recommendations, that the Transportation and Land Use Committee (TLUC) recommend that the Board not enter into a contractual agreement with E. A. Burns, Sterling Glass to provide “permanent” (greater than 12 months) Pump and Haul services for the existing commercial establishment located at 21563 Cascades Parkway (PIN 030-10-3735), based on current Health Department practice and Comprehensive Plan Policy. That said, staff understands that the owner does not have a viable option until public sewer becomes available. BACKGROUND: The Commonwealth of Virginia recognizes three types of Pump and Haul permits: Emergency, Temporary and Permanent. Emergency Pump and Haul permits may be authorized by the Health Department while repairs are being made to an existing septic system in need of serious repair. Temporary Pump and Haul permits may be authorized by the Health Department for up to 12 months when the intended use is for less than that time period or when assured by Loudoun Water or other local water authority that a permanent means of sewage disposal will be available within 12 months. Permanent Pump and Haul permits involve any expected requirement for Pump and Haul services greater than 12 months in total and, in accordance with 12 VAC 5-610-420, must be approved by Loudoun County (County) through a mechanism determined by the Board. The County has an agreement with the Virginia Department of Health’s (VDH) Commissioner to approve permanent Pump and Haul applications within the County and its towns. This master agreement allows the County to approve individual permanent Pump and Haul applications through

Item 1, Permanent P&H Request: E. A. Burns, Sterling Glass Transportation and Land Use Committee

December 16, 2016

a contractual agreement between the applicant, the Loudoun County Health Department and the County. At its May 4, 2010 business meeting, the Board delegated approval authority to the County Administrator for permanent Pump and Haul requests that meet both the Comprehensive Plan and the Health Department’s recommendation for approval, with all other requests requiring approval by the Board. The Tall Oaks Subdivision includes a group of lots abutting the west side of Cascades Parkway between Maries Road and Woodland Road, zoned Planned Development-Industrial Park (PD-IP) located in the Sterling District in the Suburban Policy Area. Attachment 2 shows the proposed Talls Oak Sewer District and the Burns property referenced in this item. The subject lots do not currently have public sewer, and have not been able to have it extended to the commercial businesses that exist there. In 2004, in order to facilitate the extension of public water and sewer to this portion of the Tall Oaks Subdivision, the Board requested that Loudoun Water fund the infrastructure project with the proposed repayment by the property owners through Special Assessment. Of the ten subject property owners, nine petitioned the Board to establish the Special Assessment. In 2005, the Board adopted a Special Assessment ordinance; however, one impacted property owner filed a Bill of Complaint for Declaratory Judgement and Injunctive Relief in the Circuit Court which was essentially an appeal of the Special Assessment. This case was not litigated and the Special Assessment was not implemented. In 2010, eight of the ten property owners requested that the County assist with funding water and sewer improvements, but no formal Board action was taken. In 2015, the property owners again requested that the County assist with funding water and sewer improvements. The County and Loudoun Water staff met with the property owners in September 2015 to provide updated information on the project costs and an estimate of the annual cost that would be assessed against each property owner. The one property owner that initiated the previous legal action in 2005 had sold the property, and the current owner of that property supports the proposed project. Currently all ten property owners support the proposed Special Assessment and Loudoun Water has agreed to fund the project. An Action Item (Item #15) was submitted to the Board of Supervisors’ Finance/Government Operations and Economic Development Committee (FGOEDC) on November 15, 2016 and the Committee passed a motion to recommend that the Board direct staff to provide notice to the affected property owners and advertise a public hearing concerning the proposed Special Assessment for the Tall Oaks Water and Sewer Project. On December 6, 2016 the Board voted (9-0) to approve the FGOEDC recommendation to direct staff to provide notice and advertise a public hearing pursuant to Title 15.2, Chapter 24, Article 2 of the Code of Virginia.” In 2002, an Aquarobic mound permit was issued to serve the Sterling Glass structure to be constructed at 21563 Cascades Parkway. However, prior to completion of the building, VDH determined that the Aquarobic mound could no longer be constructed as an approved means of sewage disposal in Virginia. A Temporary Pump and Haul permit was issued for this property by the Loudoun County Health Department to replace the proposed Aquarobic mound since public sewer, although existing within the area, was not within 300 feet of the property. The condition placed on the permit was for the structure to be connected to sewer when it was within 300 feet. The issues and circumstances described above, pertaining to the Tall Oaks Subdivision sewer, are the primary reasons why the existing facility has continued to operate on pump and haul since


December 16, 2016

2002. No Permanent Pump and Haul permit had been issued in anticipation of connection to public sewer facilities. E. A. Burns, Sterling Glass, is requesting permanent Pump and Haul approval (Attachment 1) for the existing commercial establishment located at 21563 Cascades Parkway. The property is planned to be sold, but currently the structure is utilizing a pump and haul system that is not permitted as a permanent pump and haul facility. The physical structure is shown on Attachment 3 along with the pump and haul tank. Chapter 1066 states that public sewer must be within 300 feet of any new structure before connection is required. However, although the extension of public sewer is planned for the ten properties pursuant to the proposed Tall Oaks Water and Sewer Project, including the subject property, the Board must approve the initiation and establishment of the Special Assessment for the Tall Oaks Water and Sewer Project and all of the issues that pertain to construction and extension. The actual connection date is not known at this time, and public sewer would not be available prior to the proposed sale of the commercial establishment. E. A. Burns, Sterling Glass, is requesting to be permitted for Permanent Pump and Haul until public sewer is available. ISSUES: 1. Health Department Practice: Historically, the Health Department has recommended against all

permanent Pump and Haul applications with the exception of existing occupied structures that had failing or substandard sewage disposal systems at the time of the initial Pump and Haul request. The rationale for this practice is that Pump and Haul facilities pose an increased risk to the environment as they require continued frequent pumping and other active steps to function as designed. The current request does not meet the Health Department’s practice in that the pump and haul approval is requested to serve an existing facility with no anticipated timeline for public sewer availability.

2. Comprehensive Plan Policy: In the Revised General Plan, as amended, the County envisions

the extension of central sewer to serve new development for the Suburban and Transition Policy Areas (Attachment 4). All development in the Suburban Policy Area is planned to be served by public central sewer and water. County policy for allowing permanent Pump and Haul in areas to be served by central utilities is limited to existing uses where there is a demonstrated health risk. In general, the approval of permanent Pump and Haul for new construction has the potential to encourage premature development in an area where sewerage facilities do not yet exist, thereby removing the incentive to finance the ultimate solution of extending central facilities to the area. The extension of central utilities is dependent on new development financing the extension.

3. Historical Approval of Permanent Pump and Hauls: The Board has historically approved

permanent Pump and Haul applications absent staff recommendation for approval. Typically, the applications approved by the Board have been for properties for which available public sewer is expected to be available in the future and the contractual agreement includes a requirement for the applicant to hook up to sewer when it is within a specific distance from the property.


December 16, 2016

FISCAL IMPACT: The Health Department monitors permitted Pump and Haul facilities by conducting annual inspections to ensure compliance as well as the monitoring of pump outs as required by State Code. These inspections are included in current staff workloads and will have no additional fiscal impact. ALTERNATIVES: 1. The County may choose to not enter into a contractual agreement with E. A. Burns, Sterling

Glass and the Virginia Department of Health to permit permanent Pump and Haul services to serve the existing commercial establishment located at 21563 Cascades Parkway.

OR 2. The County may choose to enter into a contractual agreement with E. A. Burns, Sterling Glass

and the Virginia Department of Health to permit permanent Pump and Haul services to serve the existing commercial establishment located at 21563 Cascades Parkway.

DRAFT MOTIONS: 1. I move that the Transportation and Land Use Committee recommend to the Board of

Supervisors that the County not enter into a contractual agreement with E. A. Burns, Sterling Glass, based on current Health Department practice and Comprehensive Plan Policy.

OR 2. I move that the Transportation and Land Use Committee recommend to the Board of

Supervisors that the County enter into a contractual agreement with E. A. Burns, Sterling Glass, (or successors) and the Virginia Department of Health to allow permanent Pump and Haul services to serve the existing commercial establishment located at 21563 Cascades Parkway, upon condition that: (i) the Permanent Pump and Haul permit will be active only until the sewer connection to the Tall Oaks properties has been established, or for a five year duration from the date of Board of Supervisors approval, whichever occurs first; (ii) all costs associated with the Pump and Haul operation, and ultimately the approved connection to the public sewer, shall be borne by E. A. Burns, Sterling Glass, (or successors); (iii) E. A. Burns, Sterling Glass, (or successors) shall also be responsible for ensuring that the Pump and Haul provider submits all required reports, records, and receipts through the Health Department’s on-line tracking system; and (iv) that this Pump and Haul approval shall only be for the existing commercial use, or similar commercial use, and must be abandoned when public central sewer is available to the properties pursuant to the Tall Oaks Water and Sewer Project, at which time all Pump and Haul tanks and appurtenances must be properly abandoned by the owner at that time by permit.

OR 3. I move an alternate motion.


December 16, 2016

ATTACHMENTS: 1. Copy of the Application 2. Facility Map 3. Facility Photos 4. Suburban Policy Area

Attachment 1

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Attachment 2

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Attachment 3

Sterling Glass Store Front

Existing Pump and Haul Tank Components

Attachment 4

Local Policies Relating To Pump and Haul Operations

Revised General Plan - 7/23/01, Amended 04/20/04 Chapter 2 - Planning Approach Infrastructure General Water and Wastewater Policies General Wastewater Policies, pp 21 – 22 11. 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 Health Department and the LCSA must approve pump-and-haul operations. 12. 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 04/20/04).

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