Virginia Law

A. The design guidelines set forth in Part III Manual of Practice for Waterworks Design (12VAC5-590-640 et seq.) of this chapter (Manual of Practice) specify general criteria for the design and construction of waterworks. The commissioner may impose standards or requirements that are more stringent than those contained in the Manual of Practice when required to meet drinking water quality standards. Any special standards or requirements with a federal mandate shall take precedence over the criteria in the Manual of Practice and will be items that warrant careful consideration at the preliminary engineering conference, referenced in 12VAC5-590-200.

B. Designs submitted for waterworks must demonstrate that the waterworks will adequately safeguard public health. Submissions that are in substantial compliance with the Manual of Practice and any additional requirements of the commissioner, as noted in subsection A of this section, will be approved. Justification for a design may be required for those portions of the submitted design that differ from the criteria set forth in the Manual of Practice and any established by the commissioner. Deviations from mandatory criteria contained in the Manual of Practice shall be identified and justified. For each deviation, the commissioner may issue a design exception or require compliance with the criteria.

C. Final, complete, and detailed plans and specifications submitted in accordance with the provisions of 12VAC5-590-200 and 12VAC5-590-210 will be evaluated by the department as soon as practicable upon receipt. Plans and specifications will be approved if they demonstrate substantial compliance with the design criteria set forth in the Manual of Practice and any established by the commissioner and if the waterworks, as constructed or modified, will be able to function in compliance with Part II (12VAC5-590-340 et seq.) of this chapter.

D. Compliance with the Manual of Practice for transient noncommunity waterworks is allowed the following exceptions as long as the conditions in subsection E of this section are satisfied:

1. The design of a transient noncommunity waterworks is not required to satisfy the professional engineer licensure requirement of 12VAC5-590-210 under the following conditions:

a. The waterworks shall serve no more than 100 persons per day.

b. The waterworks shall consist only of one supply of source water, a pressure tank no greater than 250 gallon capacity, and a single service connection.

c. The single service connection shall be a building or structure of less than 5,000 square feet total floor space. The determination of square footage shall be calculated using the outside perimeter of the building or structure.

2. Although the owner of a transient noncommunity waterworks is required to use a water well systems provider certified by DPOR for drilling wells, the remainder of the waterworks facility construction at a transient noncommunity waterworks may be performed by a master plumber or a certified water well systems provider, as defined in § 54.1-1129.1 of the Code of Virginia.

E. The conditions for exceptions to the Manual of Practice for transient noncommunity waterworks specified in subsection D of this section are as follows:

1. The owner shall submit a signed and dated statement attached to the permit application, certifying that subsection D of this section will be satisfied.

2. The owner shall submit information related to the design, construction, and materials used as required by the department.