Article 2. General Information [Repealed]
12VAC5-590-20. (Repealed.)
Historical Notes
Derived from VR355-18-002.01 § 1.3, eff. August 1, 1991; repealed, Virginia Register Volume 37, Issue 20, eff. June 23, 2021.
12VAC5-590-30. (Repealed.)
Historical Notes
Derived from VR355-18-002.02 § 1.4, eff. August 1, 1991; repealed, Virginia Register Volume 37, Issue 20, eff. June 23, 2021.
12VAC5-590-35. Delegation of authority.
The commissioner, or the commissioner's designee, may perform any act of the board provided under this chapter, except as limited by § 32.1-20 of the Code of Virginia.
Statutory Authority
§§ 32.1-12 and 32.1-170 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 37, Issue 20, eff. June 23, 2021.
12VAC5-590-40. Administration of this chapter.
A. The board is responsible for promulgating, amending, and repealing regulations to ensure a supply of potable water.
B. The commissioner is vested with all the authority of the board when it is not in session, subject to such rules and regulations as may be prescribed by the board.
C. The department is designated as the primary agent of the board for the purpose of administering this chapter. It examines the technical aspects of all applications and plans for waterworks projects before drafting a permit for final approval by the commissioner. It also has primary responsibility for monitoring waterworks operations to ensure that water supplied to consumers is potable water.
Statutory Authority
§§ 32.1-12 and 32.1-170 of the Code of Virginia.
Historical Notes
Derived from VR355-18-002.03 § 1.5, eff. August 1, 1991; amended, Virginia Register Volume 9, Issue 20, eff. June 23, 1993; Volume 37, Issue 20, eff. June 23, 2021.
12VAC5-590-45. Waterworks Advisory Committee.
A. A Waterworks Advisory Committee (WAC) shall be formed by the commissioner to review and make recommendations regarding the regulatory, policy, and legislative aspects of the department's authorities. WAC members shall consist of industry professionals employed outside the department with longstanding expertise or vested interest in waterworks operations and represent a diverse group of stakeholders. Members shall be experts in the fields of water treatment technologies, public health, water quality, economics, environmental science, public utilities, community development, or industry regulations. A minimum of nine persons shall be appointed to the committee by the commissioner.
B. The WAC will convene at least quarterly.
C. WAC meetings will be considered public meetings. Notice of scheduled meetings will be posted on the Virginia Regulatory Town Hall at least three working days before the date of the meeting. Meeting minutes will be posted to the Virginia Regulatory Town Hall within 10 working days after the meeting.
D. Each member of the WAC shall hold office for a term of three years, except that:
1. With approval by the commissioner, members are eligible for reappointment to consecutive terms.
2. Each member of the WAC serves at the pleasure of the commissioner.
E. The commissioner shall appoint the chair of the WAC.
F. The WAC shall have a member of the department serve as secretary.
Statutory Authority
§§ 32.1-12 and 32.1-170 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 37, Issue 20, eff. June 23, 2021.
12VAC5-590-50. Application of this chapter to waterworks in operation or planned before June 23, 2021.
A. The owner shall comply with Part II (12VAC5-590-340 et seq.) of this chapter unless a variance or exemption is issued by the commissioner.
B. Compliance with design criteria set forth in Part III of this chapter is limited to modifications to existing waterworks and for all construction of new waterworks commenced after June 23, 2021. Portions of waterworks not being modified are not required to comply with the design criteria of Part III (12VAC5-590-640 et seq.). Waterworks construction or modification is deemed to be commenced for purposes of this section upon issuance of the construction permit.
C. Compliance with the requirements set forth in Part III of this chapter including those for materials, construction methods, and disinfection is necessary for all repairs to pipes, tanks, pumps, and appurtenances that are part of a waterworks.
Statutory Authority
§§ 32.1-12 and 32.1-170 of the Code of Virginia.
Historical Notes
Derived from VR355-18-002.04 § 1.6, eff. August 1, 1991; amended, Virginia Register Volume 12, Issue 2, eff. November 15, 1995; Volume 27, Issue 1, eff. October 13, 2010; Volume 37, Issue 20, eff. June 23, 2021.
12VAC5-590-55. Relationship of this chapter to the Uniform Statewide Building Code.
A. This chapter governs waterworks facilities from any source water to all service connections.
B. In accordance with § 36-98 of the Code of Virginia and the USBC, the USBC governs the construction of buildings and structures, including plumbing systems and backflow prevention. The USBC also governs the water service piping from the service connection to a building or structure.
C. Notwithstanding subsections A and B of this section, this chapter shall govern:
1. Water treatment, storage, pumping facilities, and water piping that are part of a waterworks and housed in any building or structure; and
2. Backflow prevention assemblies or elimination methods, or both, installed for containment and located downstream from the service connection, including where located in any building or structure.
Statutory Authority
§§ 32.1-12 and 32.1-170 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 37, Issue 20, eff. June 23, 2021.