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2014 SESSION
14101877DBe it enacted by the General Assembly of Virginia:
1. That §§ 32.1-167 and 32.1-169 of the Code of Virginia are amended and reenacted as follows:
§ 32.1-167. Definitions.
As used in this article, unless the context clearly requires a different meaning:
1. "Aesthetic
standards" means water quality standards which involve those physical,
biological, and chemical properties of
water that adversely affect the palatability and consumer acceptability of
water through taste, odor, appearance, or
chemical reaction.
2. "Chronically
noncompliant waterworks" means a waterworks that is unable to provide pure
water for any of the following reasons: (i) the waterworks' record of
performance demonstrates that it can no longer be depended upon to furnish pure
water to the persons served,; (ii) the owner has inadequate
technical, financial, or
managerial capacity to furnish pure water to the persons served,;
(iii) the owner has failed to comply with an order issued by the Board or
Commissioner pursuant to § 32.1-26 or 32.1-175.01,; (iv) the owner has abandoned
the waterworks and has discontinued supplying pure water to the persons served,;
or (v) the owner is subject to a forfeiture order pursuant to § 32.1-174.1.
3. "Domestic
use" means normal family or household use, including drinking, laundering,
bathing, cooking, heating, cleaning and flushing toilets.
4. "Governmental
entity" means the Commonwealth, a town, city, county, service authority,
sanitary district, or any
other governmental body established under state law, including departments,
divisions, boards, or commissions.
"Human consumption" means drinking, food preparation, dishwashing, bathing, showering, hand washing, teeth brushing, and maintaining oral hygiene.
5. "Owner"
means an individual, group of individuals, partnership, firm, association,
institution, corporation, governmental entity,
or the federal government, which that supplies or proposes to
supply water to any person within this Commonwealth from or by means of any
waterworks.
6. "Pure
water" means water fit for human consumption and
domestic use that is
(i) which is sanitary and normally
free of minerals, organic substances, and
toxic agents in excess of reasonable amounts and (ii) which
is adequate in quantity and quality for the minimum health
requirements of the persons served.
7. "Special
order" means an administrative order issued to any person to comply with:
(i) the provisions of any law administered by the Board, (ii) any condition of
a permit, (iii) any regulation of the Board, or (iv) any case decision, as
defined in § 2.2-4001, of the Board. A special order may include a civil
penalty of not more than $1000 for each day of violation.
8. "Water
supply" means water taken into a waterworks from wells, streams, springs,
lakes, and other bodies of surface
water, natural or impounded, and the tributaries thereto, and all impounded
ground water but does not include any water above the point of intake of such
waterworks.
9. "Waterworks"
means a system that serves piped water for drinking
or domestic use human
consumption to (i) the public, (ii) at
least fifteen 15
service connections or (iii) an average of twenty-five
25 or more individuals
for at least sixty 60
days out of the year. The term
"waterworks" shall include "Waterworks"
includes all structures, equipment,
and appurtenances used in the storage, collection, purification, treatment, and distribution of pure
water except the piping and fixtures inside the building where such water is
delivered.
§ 32.1-169. Supervision by Board.
The Board shall have general supervision and control over all
water supplies and waterworks in the Commonwealth insofar as the
bacteriological, chemical, radiological, and
physical quality of waters furnished for drinking
or domestic use human
consumption may affect the public health and welfare and
may require that all water supplies be pure water. In exercising such
supervision and control, the Board shall recognize the relationship between an
owner's financial, technical, managerial, and operational capabilities and his
capacity to comply with state and federal drinking water standards.