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2014 SESSION
Be 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.