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2002 SESSION
024822783Be it enacted by the General Assembly of Virginia:
1. That § 32.1-176.5 of the Code of Virginia is amended and reenacted as follows:
§ 32.1-176.5. Construction permit; local government authority to require analysis of water.
A. Any person intending to construct a private well shall apply to the
Department for and receive a permit before proceeding with construction. This
permit shall be issued The Department shall issue the permit no later than
sixty days from application and in accordance with the Board's regulations. In
addition, the Department shall conduct an inspection shall be made after
construction to assure that the construction standards are met.
B. The local governing bodies body of the Counties of Albemarle, Chesterfield,
Clarke, Culpeper, Fairfax, Fauquier, James City, Loudoun, Orange, Powhatan, Prince William, Rappahannock,
Stafford, and York and the Cities of Manassas, Manassas Park, Suffolk, and Virginia
Beach any city, county or town may by ordinance establish reasonable
testing requirements to determine compliance with existing federal or state drinking water
quality standards and require that such testing be done prior to the issuance of building
permits. Such testing requirements shall apply only to building permit
applicants proposing to utilize private ground water wells as their primary
potable water source. In developing such an ordinance, the local governing body
shall consider (i) the appropriate ground water constituents to be tested using
the above standards as guidance; (ii) the reasonable cost of such testing which
may be borne by the applicant; and (iii) the availability of certified
laboratories to perform such services. However, no such test shall be conducted
by Consolidated Laboratories Consolidated Laboratories shall not conduct such
tests. The applicant laboratory shall be notified notify the applicant of the
test results with respect to such established standards.