Virginia Law

A. Construction permits are issued by the commissioner, but all requests for a construction permit are directed initially to the department. The procedure for obtaining a construction permit includes the following steps:

1. Owners shall notify the department of all proposed construction projects, except distribution main projects that are permitted under the provisions of a general permit for distribution mains (see 12VAC5-590-300), or when the project is for the extension of water distribution piping having a diameter of eight inches or less and serving less than 15 connections (see § 32.1-172 A of the Code of Virginia).

2. The submission of a Waterworks Permit Application to the department on a form approved by the department.

3. Based on the application received, the department shall notify the owner if a preliminary engineering conference is required. A preliminary engineering conference shall be required for projects proposed using alternative delivery methods authorized under § 2.2-4380 of the Code of Virginia. The preliminary engineering conference shall define the scope of the project, project phasing, milestones, and deliverables. An evaluation procedure shall be agreed upon and the conference shall be documented.

4. The submission of preliminary engineering or intermediate design reports if required by the department. The need for and scope of the reports shall be established during the preliminary engineering conference.

5. The submission of a waterworks business operation plan that demonstrates the waterworks TMF capabilities. The waterworks business operation plan consists of four primary components:

a. Waterworks information that includes ownership data, a waterworks facility description, operator requirements, staffing needs, and staff training.

b. Management information that identifies critical business practices necessary for effective management and operation of the waterworks. Management information includes the requirements essential for managing and operating the waterworks and defines the processes, methods, and tasks necessary for complying with this chapter.

c. Financial information that identifies projects, considering the waterworks revenues and cash flow, which will be sufficient for meeting the cost of operation and maintenance for at least five full years from the initiation of operations. Financial information also demonstrates the owner's ability to direct the waterworks' finances to support technical and managerial capacities and includes a self-assessment consisting of the following financial metrics: operating cash reserve, debt service coverage, emergency reserve, and revenue sufficiency.

d. Sustainability improvements that are identified throughout the waterworks business operation plan to address TMF aspects of the waterworks' business processes that need improvement.

6. The submission of plans, specifications, final design criteria, and other supporting design data. This submission may include manufacturers equipment data sheets, drawings, and specifications when the specific materials or equipment to be used in the project have been preselected by the owner with the engineer's concurrence.

B. Well site inspection. When, upon inspection by the department, one or more well locations are found suitable for well sites, tentative approval in writing shall be furnished to the owner authorizing the drilling of wells, the exact location where each well is to be drilled, and the well construction requirements. This tentative approval will become void after a 12-month period.

C. Plans for waterworks construction shall provide the following information, where applicable:

1. A general layout that includes:

a. Suitable title, to include name of waterworks;

b. Name of owner of waterworks;

c. Area or institution to be served;

d. Scale;

e. North Point;

f. Datum used;

g. Date, address, and name of owner's engineer;

h. Location and size of existing distribution system; and

i. Location and nature of existing waterworks structures and appurtenances affecting the proposed construction noted on one sheet.

2. Detailed plans that include, where applicable:

a. Stream crossings, providing profiles with elevations of the stream bed and the normal water level;

b. Profiles having a horizontal scale of not more than 100 feet to the inch and a vertical scale of not more than 10 feet to the inch, with both scales clearly indicated;

c. Location and size of property to be used for groundwater development with respect to known references such as street intersections or section lines;

d. Topography and arrangement of present or planned wells or structures, with contour intervals not greater than two feet;

e. Elevation of highest known flood, floor of structure, upper terminal of protective casing, and outside surrounding grade, using United States Coast and Geodetic Survey, United States Geological Survey, or equivalent elevations where applicable as a reference;

f. A completed Uniform Water Well Completion Report, Form GW-2, and schematic drawings of well construction, showing diameter and depth of drill holes, casing and liner diameters and depths, grouting depths, elevations and designation of geological formation, water levels, and other details to describe the proposed well completely;

g. If not previously submitted in the preliminary engineering report (PER): the location of all potential sources of pollution within 1,000 feet of drilled wells, 100 feet of treated water storage facilities, five miles upstream from surface water intakes, and the entire drainage area of springs;

h. Size, length, identity, and location of sewers, drains, distribution systems, and water treatment plant structures;

i. Schematic flow diagrams and hydraulic profiles showing the flow through various water treatment plant units;

j. Piping in sufficient detail to show flow through the water treatment plant, including waste lines;

k. Location of all chemical feeding equipment and points of chemical application;

l. All appurtenances, specific structures, equipment, water treatment plant waste disposal units, and point of discharge having any relationship to the plans for distribution system or waterworks structures;

m. Location of sanitary or other facilities such as lavatories, showers, toilets, and lockers;

n. Location, dimensions, and elevations of all proposed water treatment plant facilities; and

o. Adequate description of all features not otherwise covered by the specifications.

D. Specifications for waterworks construction improvements shall provide the following information, where applicable:

1. A program for keeping existing waterworks facilities in operation during construction of additional facilities so as to minimize interruption of service;

2. The laboratory facilities and equipment, as well as sampling taps and their locations;

3. The number and design of treatment process components;

4. The materials or proprietary equipment for sanitary or other facilities including any necessary backflow or backsiphonage backflow protection;

5. Workmanship; and

6. Other equipment.

E. Design criteria. A summary of complete design criteria shall be submitted for the proposed project, containing but not limited to the following information, where applicable:

1. Source water capacity;

2. Estimated water consumption, including average day, maximum day, and peak hour flows;

3. Number and type of proposed services;

4. Firefighting requirements;

5. Basin capacities;

6. Retention times;

7. Unit loadings;

8. Filter area and proposed filtration rate;

9. Backwash rate; and

10. Feeder capacities and ranges.

F. For community waterworks, a copy of the duly recorded (i) plat plan of the well lot or subdivision plan showing the well lot and (ii) dedication document stating that the well lot shall be used only for waterworks appurtenances as long as the lot is utilized as part of a waterworks.

G. For noncommunity waterworks, the department may on a case-by-case basis require a copy of a duly recorded plat plan of a well lot and a dedication document stating that the well lot shall be used only for waterworks appurtenances as long as the lot is utilized as part of a waterworks. In imposing such a requirement, the department shall take into consideration public health protection and the waterworks operations, treatment processes, and appurtenances.