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2004 SESSION

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(HB601)

JOINT CONFERENCE COMMITTEE REPORT

We, the conferees, appointed by the respective bodies to consider and report upon the disagreeing vote on House Bill No. 601, report as follows:

A. We recommend that the Senate Amendments be rejected.

B. We recommend that the engrossed bill be amended as follows to resolve the matters under disagreement.

    1. Line 13, engrossed,

      strike

        A.

        insert

        A.

    2. Line 19, engrossed,

      strike

        all of lines 19 through 30

      insert

        B. Every public water supply operator shall at least quarterly test the public water supply for the presence of methyl tertiary butyl ether (MTBE). The locality shall maintain a record of testing conducted pursuant to this subsection. If the results of any test conducted pursuant to this subsection indicates the presence of MTBE in excess of fifteen parts per billion, the locality shall immediately notify the Department of Environmental Quality and the Department of Health. The Division of Consolidated Laboratory Services shall maintain and make available, upon the request of any person, a list of laboratories, accredited under the provisions of the federal Safe Drinking Water Act (42 U.S.C. § 300f et seq.) to analyze samples, located throughout the Commonwealth that possess the technical expertise to analyze water samples for the presence of MTBE. Any lab seeking accreditation under the Safe Drinking Water Act may contact the Division of Consolidated Laboratory Services. The Division of Consolidated Laboratory Services shall establish a fee system to offset the costs of tests performed on behalf of public water supply operators.

    3. Line 19, engrossed, after least

      strike

        quarterly

      insert

        annually

    4. Line 30, engrossed, after operators.

      insert

        Such test may be conducted simultaneously with other tests.

        Notwithstanding the provisions of this subsection, the State Board of Health, acting pursuant to its authority regarding public water supplies, may establish an alternative schedule for water supply testing, which shall apply in lieu of this subsection, for any public waterworks where annual testing is not otherwise required, if it determines that an alternative schedule is appropriate to protect the public health and promote the public welfare.

        Respectfully submitted,

        Delegate Allen W. Dudley

        Delegate Daniel W. Marshall, III

        Delegate Ward L. Armstrong

        Conferees on the part of the House

        Senator William C. Mims

        Senator John H. Cuccinelli

        Senator Mary Margaret Whipple

        Conferees on the part of the Senate