reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-110 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Notice. Whenever
				the department has reason to believe that a violation of Title 32.1 of the Code
				of Virginia or of any section of this chapter may have occurred or may be
				occurring, the department shall notify the alleged violator. The notice shall
				(i) be in writing; (ii) cite the statute or regulations that are allegedly
				being violated; (iii) state the facts that form the basis for believing that
				the violation may have occurred or may be occurring; and (iv) include
				information on the process for obtaining a final decision or fact finding from
				the department on whether or not a violation has occurred. This notification is
				not an official finding, case decision, or adjudication but may include a
				request to the owner to respond timely and to take specific corrective action
				by a stated deadline.
B. Orders.
				Pursuant to §
									32.1-26
				of the Code of Virginia, the board may issue orders to require any owner to
				comply with the provisions of any law administered by it, the commissioner, or
				the department; any regulations promulgated by the board, including any section
				of this chapter; or any case decision of the board or commissioner. The
				commissioner, acting on behalf of the board when it is not in session, will
				sign the order, and the order may require:
1.
				The immediate cessation or correction of the violation;
2. The acquisition or use of additional
				equipment, supplies, or personnel to ensure that the violation does not
				recur;
3. The submission of a plan
				to prevent future violations;
4.
				The submission of an application for a variance or exemption;
5. Any other corrective action deemed
				necessary for proper compliance with this chapter; or
6. An evaluation and approval of the required
				submissions, if appropriate.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-115 - Administrative proceedings

Current through Register Vol. 40, No. 24, July 15, 2024
A. Types of
				administrative proceedings. Administrative proceedings before the board, the
				commissioner, or the commissioner's designee, shall include the following forms
				depending upon the nature of the controversy and the interests of the named
				party involved.
1. An informal fact-finding
				proceeding is an informal conference between the department and the named party
				held in accordance with §
										2.2-4019
				of the Code of Virginia.
2. A
				formal hearing is an adjudicatory proceeding before the commissioner or a
				designated hearing officer held in accordance with §
										2.2-4020
				of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-120 - Emergency orders

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				commissioner may, pursuant to §
									32.1-175
				of the Code of Virginia, issue emergency orders in any case where there is an
				imminent danger to the public health resulting from the operation of any
				waterworks or the source of a water supply.
B. An emergency order may be communicated by
				the best practical notice under all the circumstances and is effective
				immediately upon receipt. The commissioner may order the immediate cessation of
				the operation of any waterworks or the use of any water supply or the
				correction of any condition causing the production or distribution of any water
				constituting an imminent danger to the public health and welfare.
C. Violation of an emergency order is subject
				to civil enforcement and is punishable as a criminal misdemeanor.
D. Emergency orders shall be effective for a
				period determined by the commissioner.
E. Emergency orders may be appealed in
				accordance with the provisions of the APA.
Statutory Authority: §§
											32.1-12
					 and
					 32.1-170 of the Code
					 of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-125 - Chronically noncompliant waterworks

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the commissioner or department
				determines that a waterworks is a chronically noncompliant waterworks, as
				defined in §
									32.1-167 of the Code
				of Virginia, then the commissioner shall issue an order to the owner containing
				a schedule to bring the waterworks into compliance with this chapter and
				require the submission of a waterworks business operation plan. If capital
				improvements are necessary to bring the waterworks into compliance, and the
				owner does not possess sufficient assets to make the necessary improvements,
				the order shall require the owner to make annual, good faith applications for
				loans, grants, or both, to appropriate financial institutions to secure funding
				for such improvements, until the improvements are complete and operational. The
				owner shall provide a copy of the order to each consumer within 10 calendar
				days of issuance of the order.
B.
				Within 15 calendar days of issuance of the commissioner's order, the owner
				shall certify in writing that a copy of the order was distributed to each
				consumer within the 10-day period specified in subsection A of this
				section.
C. The commissioner shall
				send a copy of the order to the chief administrative officer of the locality in
				which the waterworks is located for appropriate action under §
									15.2-2146
				of the Code of Virginia.
D. In
				addition to the provisions of §
									32.1-27
				of the Code of Virginia, any owner who violates this chapter, an order of the
				board, or a statute governing public water supplies shall be subject to those
				civil penalties provided in Article 2 (§
									32.1-167 et seq.) of
				Chapter 6 of Title 32.1 of the Code of Virginia.
Statutory Authority: §§
											32.1-12
					 and
					 32.1-170 of the Code
					 of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-130 - Suspension of this chapter

Current through Register Vol. 40, No. 24, July 15, 2024
If, in the case of a man-made or natural disaster, the
				  commissioner determines that certain regulations cannot be complied with, then
				  the enforcement of those regulations may be suspended for designated waterworks
				  and a provisional regulatory scheme instituted until the conditions that
				  brought about the suspension have abated.
Statutory Authority: §§
											32.1-12
					 and
					 32.1-170 of the Code
					 of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-140 - Variances

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner
				may grant a variance to a PMCL, SMCL, treatment technique requirement, or an
				operational regulation by following the appropriate procedures set forth in
				this section.
1. Requirements for a variance.
				A variance may be granted to a waterworks from any requirement with respect to
				a PMCL or SMCL upon a finding that:
a.
				Alternative water supplies are not reasonably available to the
				waterworks;
b. The characteristics
				of the source water that is reasonably available to the waterworks prevents the
				waterworks from meeting the PMCL or SMCL requirements, and on condition that
				the waterworks installs the BAT, treatment techniques, or other means, that the
				department finds are generally available (taking costs into consideration);
				and
c. The granting of a variance
				will not result in an unreasonable risk to the health of persons served by the
				waterworks.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-150 - Exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner
				may grant an exemption to any PMCL or treatment technique requirement by
				following the procedures set forth in this section. An exemption may be granted
				to a waterworks upon a finding that:
1. The
				waterworks must be unable to implement measures to develop an alternative water
				supply;
2. The waterworks cannot
				reasonably make management or restructuring changes that will result in
				compliance or improve the quality of the drinking water;
3. Due to compelling factors (which may
				include economic factors), the waterworks is unable to comply with contaminant
				level or treatment technique requirements;
4. The granting of the exemption will not
				result in an unreasonable risk to the health of persons served by the
				waterworks;
5. The waterworks was
				in operation on the effective date of such contaminant level or treatment
				technique requirements; and
6. The
				waterworks has not been granted a variance.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-160

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
											32.1-12
					 and
					 32.1-170 of the Code
					 of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-170

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
											32.1-12
					 and
					 32.1-170 of the Code
					 of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-180

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
											32.1-12
					 and
					 32.1-170 of the Code
					 of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-190 - Permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. No owner or
				other person may cause or allow any waterworks to be operated in the
				Commonwealth without a written operation permit issued by the
				commissioner.
B. No owner or other
				person shall cause or allow the construction or change in the manner of
				transmission, storage, purification, treatment, or distribution of water
				(including the extension of water pipes for the distribution of water) at any
				waterworks in the Commonwealth without a written construction permit or a
				general permit for distribution mains from the commissioner.
C. Construction permits may not be required
				for the extension of water distribution piping having a diameter of eight
				inches or less and serving less than 15 connections (see §
									32.1-172A
				of the Code of Virginia).
D.
				Individual construction permits for distribution mains are not required for
				waterworks that obtain a general permit (see
				12VAC5-590-300
				).
E. Conditions may be imposed on
				the issuance of any permit, and no waterworks may be constructed, modified, or
				operated in violation of these conditions.
Statutory Authority: §§
											32.1-12
					 and
					 32.1-170 of the Code
					 of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-210 - Requirements for the submission of engineering data

Current through Register Vol. 40, No. 24, July 15, 2024
A. In accordance with Chapter 4 (§
									54.1-400 et seq.) of
				Title 54.1 of the Code of Virginia, all drawings, specifications, and
				engineer's reports submitted for approval shall be prepared by or under the
				supervision of a licensed professional engineer qualified to practice in
				Virginia, unless submitted under §
									54.1-408
				of the Code of Virginia for practice of land surveying in
				subdivisions.
B. The quantity,
				format, and method of submission shall meet the evaluation needs of the
				department and shall be consistent with the requirements in Chapter 42.1
				(§
									59.1-479 et seq.) of Title
				59.1 of the Code of Virginia.
C.
				All reports, plans, and specifications shall be submitted to the department at
				least 60 days before the date upon which action by the department or
				commissioner is desired.
D. If the
				procedures for obtaining a construction permit in
				12VAC5-590-200
				are not complied with or if plans and specifications are found to be incomplete
				or inadequate for evaluation, then the plans and specifications will be
				returned to the submitting party. If revisions to the plans or specifications
				or both are necessitated, the owner and engineer who prepared them will be
				notified in writing of the necessary revisions. Revised plans, specifications,
				or both constitute a resubmission. Every effort will be made to complete the
				evaluation of these revisions promptly.
Statutory Authority: §§
											32.1-12
					 and
					 32.1-170 of the Code
					 of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-220 - Compliance with the Manual of Practice

Current through Register Vol. 40, No. 24, July 15, 2024
A. The design guidelines set forth in Part
				III Manual of Practice for Waterworks Design (12VAC5-590-640 et seq.)
				of this chapter (Manual of Practice) specify general criteria for the design
				and construction of waterworks. The commissioner may impose standards or
				requirements that are more stringent than those contained in the Manual of
				Practice when required to meet drinking water quality standards. Any special
				standards or requirements with a federal mandate shall take precedence over the
				criteria in the Manual of Practice and will be items that warrant careful
				consideration at the preliminary engineering conference, referenced in
				12VAC5-590-200.
B. Designs submitted for waterworks must
				demonstrate that the waterworks will adequately safeguard public health.
				Submissions that are in substantial compliance with the Manual of Practice and
				any additional requirements of the commissioner, as noted in subsection A of
				this section, will be approved. Justification for a design may be required for
				those portions of the submitted design that differ from the criteria set forth
				in the Manual of Practice and any established by the commissioner. Deviations
				from mandatory criteria contained in the Manual of Practice shall be identified
				and justified. For each deviation, the commissioner may issue a design
				exception or require compliance with the criteria.
C. Final, complete, and detailed plans and
				specifications submitted in accordance with the provisions of
				12VAC5-590-200
				and
				12VAC5-590-210
				will be evaluated by the department as soon as practicable upon receipt. Plans
				and specifications will be approved if they demonstrate substantial compliance
				with the design criteria set forth in the Manual of Practice and any
				established by the commissioner and if the waterworks, as constructed or
				modified, will be able to function in compliance with Part II (12VAC5-590-340 et seq.)
				of this chapter.
D. Compliance with
				the Manual of Practice for transient noncommunity waterworks is allowed the
				following exceptions as long as the conditions in subsection E of this section
				are satisfied:
1. The design of a transient
				noncommunity waterworks is not required to satisfy the professional engineer
				licensure requirement of
				12VAC5-590-210
				under the following conditions:
a. The
				waterworks shall serve no more than 100 persons per day.
b. The waterworks shall consist only of one
				supply of source water, a pressure tank no greater than 250 gallon capacity,
				and a single service connection.
c.
				The single service connection shall be a building or structure of less than
				5,000 square feet total floor space. The determination of square footage shall
				be calculated using the outside perimeter of the building or
				structure.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-230 - Issuance of the construction permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon approval of the plans and
				specifications, the commissioner will issue a permit to the owner to construct
				or modify the waterworks in accordance with the approved plans and
				specifications.
B. The construction
				permit shall be valid for a period of five years. If construction has not begun
				within five years but were to proceed in the future, then the owner shall
				reapply for a new construction permit.
C. The construction permit may include
				conditions for securing equipment certifications and performance
				validations.
Statutory Authority: §§
											32.1-12
					 and
					 32.1-170 of the Code
					 of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-240 - Revisions of approved plans

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Any deviations from the approved plans and specifications affecting capacity,
				hydraulic conditions, operating units, the functioning of water treatment
				processes, or the quality of water to be delivered must be approved by the
				department before any of these deviations are implemented.
B. Revised plans and specifications shall be
				submitted in time to allow the evaluation and approval of these plans or
				specifications before any construction work that will be affected by these
				changes may begin.
Statutory Authority: §§
											32.1-12
					 and
					 32.1-170 of the Code
					 of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-250 - Statement required upon completion of construction

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon completion of the construction or
				modification of the waterworks, the owner shall submit to the department a
				statement signed by a licensed professional engineer stating that the
				construction work was completed in accordance with the approved plans and
				specifications, revised only in accordance with the provisions of
				12VAC5-590-240.
				This statement is called a statement of completion of construction and shall be
				based upon inspections of the waterworks during and after construction or
				modifications. These inspections are to be adequate to ensure the truth of the
				statement of completion of construction.
B. The project documents may require a
				performance validation report to confirm the design, performance criteria, and
				appropriate emergency procedures for specific processes and equipment. The
				project documents may also require operator training. If these requirements are
				included in the project documents, then the statement of completion of
				construction shall also include the performance validation report and a
				certification of successful operator training, as applicable.
Statutory Authority: §§
											32.1-12
					 and
					 32.1-170 of the Code
					 of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-260 - Issuance of the operation permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon receipt of the statement of
				completion of construction, receipt of all required certifications and test
				results, inspection by the department to ensure that the project has been
				satisfactorily completed in accordance with the approved design documents, and
				verification that bacteriological test results comply with the requirements set
				forth in Part II of this chapter, as appropriate, the commissioner will issue
				an operation permit.
B. The owner
				shall not operate a waterworks without first having obtained an operation
				permit except as provided in
				12VAC5-590-290.
C. The commissioner shall establish the type
				(community waterworks, NTNC, or TNC), classification, and permitted capacity of
				the waterworks and specify these on the operation permit. Conditions may be
				included with the permit for operator, monitoring, and reporting
				requirements.
Statutory Authority: §§
											32.1-12
					 and
					 32.1-170 of the Code
					 of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-270 - Start-up testing and inspections

Current through Register Vol. 40, No. 24, July 15, 2024
A. Before placing a new or modified
				waterworks into operation following construction, the owner shall test the
				water at the entry point to the distribution system in a manner acceptable to
				the department. The owner shall notify the department of the time and place of
				the tests. The owner shall send the results of the tests to the
				department.
B. The commissioner and
				department have a right to inspect any waterworks and to be present for any
				testing in accordance with Title 32.1 of the Code of Virginia.
Statutory Authority: §§
											32.1-12
					 and
					 32.1-170 of the Code
					 of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-280

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
											32.1-12
					 and
					 32.1-170 of the Code
					 of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-290 - Issuance of a temporary operation permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. Water treatment methods, processes, and
				equipment that are not covered by the design criteria of Part III
				(12VAC5-590-640 et seq.)
				of this chapter, and that in principle or application are new or
				nonconventional, are subject to a temporary permit application procedure
				instead of that set forth in
				12VAC5-590-200.
				A temporary permit may be issued only after detailed evaluation of all
				engineering data and after a period of extensive monitoring of the water
				treatment plant performance.
B. The
				department encourages the development of any new or nonconventional methods,
				processes, and equipment that by virtue of treatability studies appear to have
				application for water treatment. However, these new or nonconventional
				developments shall have been thoroughly tested in a full-scale or
				representative pilot plant installation before these methods, processes, and
				equipment are approved and an operation permit issued. The results shall be
				submitted to the department. The testing required on new or nonconventional
				developments shall generally follow these guidelines:
1. All procedures used in validating the
				process shall be conducted under the supervision of (i) a licensed professional
				engineer experienced in the field of environmental engineering, (ii) the
				owner's engineering staff, or (iii) a testing firm acceptable to the department
				;
2. Samples shall be collected and
				analyzed in a manner that shall demonstrate water treatment plant effectiveness
				and efficiency under adverse conditions and over extended periods of time in
				the area of the proposed installation;
3. The data shall be from the continuous
				operation of a full-scale or pilot plant treating the type of water to be
				handled;
4. Automatic indicating,
				recording, and totalizing equipment shall be provided, and the total flow shall
				be measured and recorded daily;
5.
				If the source water receives upstream discharges of treated industrial wastes
				or treated wastewater, then automatic indicating and recording equipment shall
				be provided for continuously monitoring the pH of the source and finished water
				in addition to the chlorine residual of the finished water;
6. The minimum sampling and analysis program
				will be established by the department in accordance with the process under
				investigation; and
7. All analyses
				shall utilize methods that are consistent with
				12VAC5-590-440.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-300 - Issuance of a general permit for construction of distribution mains

Current through Register Vol. 40, No. 24, July 15, 2024
A. Instead of
				obtaining a permit for each distribution main project, an owner may elect to
				obtain a general permit for the construction of distribution mains. These
				general permits are issued by the commissioner, but all requests for a general
				permit are directed initially to the department.
B. The following requirements shall be
				satisfied for the issuance of a general permit:
1. The owner shall develop, adopt, and have
				the department's approval of general specifications and plan details covering
				distribution main design and construction. The general specifications shall be
				at least as stringent as the requirements contained in this chapter.
2. The owner shall enter into a memorandum of
				understanding (MOU) with the department. The department will outline the
				waterworks-specific requirements, and the owner's method of compliance with the
				requirements. The waterworks-specific requirements include the following:
a. The maximum size of pipe to be covered by
				the general permit;
b. The means
				for modifying the department's approved general specifications and plan
				details;
c. The maintenance of
				engineering capabilities satisfactory to the department, either on-staff or
				through contractual arrangements;
d. The preparation of engineering plans and
				specifications for individual projects;
e. The maintenance of up-to-date distribution
				system maps and other appropriate records; and
f. The submission by the owner to the
				department of appropriate reports, including an annual report and summary,
				concerning all projects constructed under the terms of the MOU and information
				concerning changes to the distribution system.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-310 - Amendment or reissuance of operation permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner may amend or reissue an
				operation permit (i) when there is a change in the manner of storage,
				treatment, or supply of source water at the permitted location; (ii) when the
				existing permit is no longer valid; (iii) for any other cause incident to the
				protection of the public health; or (iv) for the supplying of potable water. A
				notice may be required to be given to the owner, and if one is required, a
				hearing held in accordance with the provisions of 12VAC5-590-115.
B. The commissioner may require submission of
				a waterworks business operation plan as a condition to amend or reissue an
				operation permit. The waterworks business operation plan shall satisfy the
				requirements of
				12VAC5-590-200
				A 5.
Statutory Authority: §§
											32.1-12
					 and
					 32.1-170 of the Code
					 of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-320 - Revocation of an operation permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner may revoke an operation
				permit in accordance with the APA. Reasons for revocation include:
1. The waterworks can no longer be depended
				upon to furnish potable water;
2.
				The capacity of the waterworks is inadequate for the purpose of furnishing
				potable water;
3. The owner has
				failed to abide by an order issued by the commissioner;
4. The owner has abandoned the waterworks and
				discontinued supplying potable water; or
5. The owner has failed to pay the waterworks
				operation fee required by §
										32.1-171.1
				of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-330 - Monitoring, records, and reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner or department may require
				the owner to install, use, and maintain monitoring equipment for the control
				and testing of water flowing through the water treatment plant to:
1. Identify and determine the cause of
				operational problems;
2. Determine
				the necessary corrective actions for these problems;
3. Ensure compliance with Part II of this
				chapter; and
4. Prepare the
				finished water for entry into the distribution system.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-350 - Assessments and sanitary surveys

Current through Register Vol. 40, No. 24, July 15, 2024
A. Frequent assessments shall be made by the
				owner of the water supply and waterworks to locate and identify health hazards
				to the waterworks. The manner and frequency of making these assessments, and
				the rate at which discovered health hazards are to be removed, shall be the
				responsibility of the owner. Every effort shall be made by the owner, to the
				extent of his jurisdiction, to prevent the degradation of the quality of water
				supplies.
B. The department is
				required to perform sanitary surveys and site visits to assess the condition of
				a waterworks and its source water. Pursuant to §
									32.1-25
				of the Code of Virginia, the department shall, upon presentation of appropriate
				credentials and with the owner's consent, have the right of entry onto the
				waterworks property and the facilities to inspect, investigate, evaluate,
				conduct tests, and collect samples for testing for the purposes of determining
				compliance with the provisions of any law, regulation, or order administered by
				the board or commissioner or any conditions in a permit, license, or
				certificate issued by the board or commissioner. The owner shall provide any
				existing information requested by the department that will enable the
				department to conduct the sanitary survey or site visit.
C. A sanitary survey includes an evaluation
				of all of the following eight components:
1.
				Source;
2. Treatment;
3. Distribution system;
4. Finished water storage;
5. Pumps, pumping facilities, and
				controls;
6. Monitoring, reporting,
				data verification, and a special monitoring evaluation during each sanitary
				survey to determine whether the waterworks monitoring is appropriate or needs
				modification;
7. Waterworks system
				management and operation; and
8.
				Number and classification of operators. Operators shall also comply with all
				applicable regulations promulgated by the Virginia Board for Waterworks and
				Wastewater Works Operators and Onsite Sewage System Professionals and
				DPOR.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-360 - Responsibilities of the owner

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				owner shall provide and maintain conditions throughout the entirety of the
				waterworks in a manner that will assure a high degree of capability and
				reliability to comply with Part II (12VAC5-590-340 et seq.)
				of this chapter. This requirement shall pertain to the source water,
				transmission, treatment, storage, and distribution system facilities and the
				operation thereof. The owner shall identify and evaluate factors with the
				potential for impairing the quality of the water delivered to the consumers.
				Preventative control measures identified in Part II of this chapter shall be
				promptly implemented to protect public health.
B. For the purpose of achieving compliance
				with this chapter, the owner shall exercise control of the waterworks from the
				source water to the service connection. This requirement does not imply
				ownership of or maintenance for any portion of the service line where local
				agreements and conditions dictate otherwise.
C. The property owner shall exercise control
				of all buildings, structures, and equipment up to the point of the service
				connection to the waterworks. This requirement does not limit or modify
				ownership of or maintenance for the service line, that may be specified by
				local agreements and conditions.
Statutory Authority: §§
											32.1-12
					 and
					 32.1-170 of the Code
					 of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-370 - Monitoring requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Bacteriological monitoring.
1. The owner
				shall collect total coliform samples at specific sites and according to a
				schedule that is representative of water quality throughout the distribution
				system, which shall be documented in a written BSSP. The BSSP shall be
				established or approved by the department after investigation of the source
				water, method of treatment and storage, and the final delivery of the drinking
				water through the distribution system. The BSSP shall include the following:
a. Specific routine, repeat, and triggered
				source water monitoring sites, identified by address or location.
b. Distribution maps showing the location
				where specific sampling sites will be selected with all monitoring sites
				identified.
c. A minimum of three
				routine sample sites identified for each required routine sample for waterworks
				serving 3,300 or fewer people.
d. A
				sample collection schedule with the number of routine samples required per
				monitoring period in accordance with Table 370.1 and subdivision A 4 of this
				section.
e. Repeat sample sites for
				each routine sample site that shall include the original routine location, at
				least one tap within five service connections upstream, and at least one tap
				within five service connections downstream with the following exceptions:
(1) Alternative repeat sample sites may be
				allowed when a routine site is one connection away from or at the end of a
				distribution system main or as approved by the department;
(2) A groundwater system serving 1,000 or
				fewer people may propose repeat sample sites, such as an entry point to the
				distribution system, that differentiate potential source water and distribution
				system contamination; or
(3) A
				groundwater system serving 1,000 or fewer people with a single well source and
				no treatment may propose that one repeat sample be collected at the triggered
				source water monitoring site, provided that representative sampling of the
				distribution system is still achieved.
f. A repeat sampling site shall not be
				eliminated from future collections solely based on a history of questionable
				water quality unless the sampling point is unacceptable as determined by the
				department.
g. A seasonal
				waterworks may collect special samples in accordance with an approved start-up
				procedure pursuant to subdivision A 12 a of this section.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-373 - Organic chemicals monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner of a community waterworks or a
				NTNC shall conduct monitoring to determine compliance with PMCLs listed in
				Table 340.2 in accordance with this section. Where two or more sources are
				combined before distribution, the owner shall sample at the entry point for the
				combined sources during periods of normal operation conditions.
1. The owner of a waterworks that uses
				groundwater shall collect a minimum of one sample at each entry
				point.
2. The owner of a waterworks
				that uses surface water, in whole or in part, shall collect a minimum of one
				sample at each entry point.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-374 - Residual disinfectant, disinfection byproducts, and disinfection byproduct precursors monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A. Unless
				otherwise noted, an owner of a waterworks that uses a chemical disinfectant
				shall comply with the requirements of this section as follows:
1. The owner of a community waterworks or a
				NTNC shall comply with this section.
2. The owner of a TNC that uses any
				combination of a surface water source, a GUDI source, or a groundwater source
				and uses chlorine dioxide as a disinfectant or oxidant shall comply with all
				the requirements for chlorine dioxide in this section.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-376 - Surface water and GUDI sources treatment monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner of a waterworks that uses a
				surface water source, a GUDI source, or both and provides filtration treatment
				shall monitor in accordance with this section.
B. Turbidity measurements shall be performed
				on representative samples of the filtered water every four hours (or more
				frequently) that the waterworks serves water to the public. The owner may
				substitute continuous turbidity monitoring for grab sample monitoring if the
				owner validates the continuous measurement for accuracy on a regular basis
				using a protocol approved by the department. For a waterworks using slow sand
				filtration or filtration treatment other than conventional treatment, direct
				filtration, or diatomaceous earth filtration, the department may reduce the
				sampling frequency to once per day if the department determines that less
				frequent monitoring is sufficient to indicate effective filtration performance.
				For a waterworks serving 500 or fewer persons, the department may reduce the
				turbidity sampling frequency to once per day, regardless of the type of
				filtration treatment used, if the department determines that less frequent
				monitoring is sufficient to indicate effective filtration performance.
1. The owner of a waterworks supplied by a
				surface water source, a GUDI source, or both using conventional filtration
				treatment or direct filtration shall conduct continuous monitoring of turbidity
				for each individual filter. The turbidimeter shall be calibrated using the
				procedure specified by the turbidimeter manufacturer. The owner shall record
				the results of individual filter turbidity monitoring a minimum of every 15
				minutes.
2. If there is a failure
				in the continuous turbidity monitoring equipment, then the owner shall conduct
				grab sampling every four hours instead of continuous monitoring but for no more
				than five working days (for a waterworks serving 10,000 or more persons) or 14
				days (for a waterworks serving less fewer than 10,000 persons) following the
				failure of the equipment.
3. If a
				waterworks serving fewer than 10,000 persons consists of two or fewer filters,
				continuous monitoring of the CFE may be used instead of individual filter
				monitoring.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-377 - Physical constituent monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A. Monitoring to determine compliance with
				the SMCLs for color, odor, pH, and total dissolved solids as specified in Table
				340.3 shall be conducted as follows:
1. The
				owner shall collect one sample at each groundwater source entry point during
				each compliance period.
2. The
				owner shall collect one sample annually at each surface water source entry
				point, in whole or in part.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-378 - Radiological monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				location of sampling points, the radionuclides measured in community
				waterworks, the frequency, and the timing of sampling within each compliance
				period shall be established or approved by the department. The department may
				increase required monitoring where necessary to detect variations within the
				waterworks. Failure to comply with the sampling schedules in this section will
				require public notification pursuant to
				12VAC5-590-540 A
				3.
B. The owner of a community
				waterworks shall conduct monitoring to determine compliance with the PMCLs
				listed in Table 340.4 and 12VAC5-590-388 in accordance with this section.
1. Monitoring requirements for gross alpha
				particle activity, radium-226, radium-228, and uranium.
a. The owner shall conduct initial monitoring
				to determine compliance with the PMCLs listed in Table 340.4 for gross alpha
				particle activity, radium-226, radium-228, and uranium. For the purposes of
				monitoring for gross alpha particle activity, radium-226, radium-228, uranium,
				and beta particle and photon radioactivity in drinking water, "detection limit"
				is defined as specified in Table 378.1.
(1)
				Applicability and sampling location for an existing community waterworks or its
				sources. The owner using groundwater, surface water, or both groundwater and
				surface water shall sample at every entry point to the distribution system that
				is representative of all sources being used under normal operating conditions.
				The owner shall collect each sample at the same entry point unless conditions
				make another sampling point more representative of each source.
(2) Applicability and sampling location for a
				new community waterworks or its sources. A new community waterworks or a
				community waterworks that uses a new source water shall begin to conduct
				initial monitoring for the new source water within the first quarter after
				initiating use. The owner shall conduct more frequent monitoring when directed
				by the department in the event of possible contamination or when changes in the
				distribution system or treatment processes occur that may increase the
				concentration of radioactivity in the finished water.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-379 - Groundwater system monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				General monitoring requirements.
1. The owner
				of a groundwater system, including consecutive and wholesale waterworks, shall
				conduct monitoring in accordance with this section, except that requirements do
				not apply to waterworks that combine all of their groundwater sources with
				surface water sources or with GUDI sources before treatment in accordance with
				12VAC5-590-395.
2. Source water
				monitoring by the owner of a groundwater system that does not provide 4-log
				treatment of viruses for their groundwater sources before or at the first
				customer is described in subsection B of this section.
3. The owner of a groundwater system that
				provides at least 4-log treatment of viruses before or at the first customer is
				required to conduct compliance monitoring in accordance with
				12VAC5-590-421
				C.
4. The owner of a groundwater
				system that has confirmed E. coli contamination, as determined by source water
				monitoring conducted under subsection B of this section or has been notified of
				a significant deficiency as described in
				12VAC5-590-350 D
				shall implement one or more of the corrective actions outlined in
				12VAC5-590-421
				A 1, as prescribed by the department.
5. The owner of a groundwater system that
				does not provide 4-log treatment of viruses before or at the first customer and
				is not performing compliance monitoring shall provide a triggered source water
				monitoring plan to the department.
6. Any source water sample collected in
				accordance with this section shall be analyzed for E. coli using one of the
				analytical methods in
				40
				CFR
				141.402(c).
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 590 - WATERWORKS REGULATIONS › Section 12VAC5-590-380 - Bacteriological compliance

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				owner needs only to determine the presence or absence of total coliforms and E.
				coli for routine bacteriological monitoring at entry points or distribution
				system locations.
B. PMCLs for
				microbial contaminants.
1. A waterworks is in
				compliance with the PMCL for E. coli unless any of the conditions identified in
				this subdivision occur. A violation may pose an acute risk to public health and
				is a Tier 1 condition requiring public notification as described in
				12VAC5-590-540 A 1
				when:
a. A repeat sample following a total
				coliform-positive routine sample is E. coli positive;
b. A repeat sample following an E.
				coli-positive routine sample is total coliform positive;
c. The owner fails to collect all required
				repeat samples following an E. coli-positive routine sample; or
d. The owner fails to test for E. coli when
				any repeat sample tests positive for total coliform.