CHAPTER 455

An Act to require approval under certain conditions by the governing
body of a county for the establishment or extension of certain water
supply systems therein; to provide when approval of State Board
of Health required for. such establishment; to prescribe conditions
under which such systems may be established or extended in event
of failure of such governing: body to act; and to provide penalties for

violation.
[H 569]
Approved April 3, 1954

Be it enacted by the General Assembly of Virginia:

1. § 1. Any person, firm, corporation or association who or which
proposes to establish a water supply consisting of a well, springs, or
other source and the necessary pipes, conduits, mains, pumping stations,
and other facilities in connection therewith, to serve or to be capable of
serving three or more connections shall notify the State Board of Health
and shall notify in writing the governing body of the county in which
such water system is to be located and shall appear at a regular meeting
thereof and notify such governing body in person.

The approval of the State Board of Health shall not be required
unless such water supply serves or proposes to serve at least the number
of persons as to which the approval of the State Board of Health is
required under § 62-50 of the Code of Virginia, as amended.

§ 2. The governing body of any county so notified of the proposed
establishment of a water system under § 1 of this act is authorized to
disapprove the same, if it finds that such water system does not have an
adequate source of supply, or that the system is not capable of serving
the proposed number of connections by reason of inadequate pipes, mains,
conduits, pumping stations, or otherwise. If at the expiration of sixty
days from the date on which the applicant appeared before the governing
body, such governing body has not disapproved the application, the
applicant may proceed with the construction and installation of such
water system, provided he first gives notice to the Chairman of the gov-
erning body by registered mail of his intention to proceed.

§ 3. The applicant shall state in the notice to the governing body
required by § 1 of this act the number and nature of the connections to
which service will be given under the certificate applied for. The govern-
ing body may require such further information as it deems desirable in
order to pass upon the application.

No person, firm, corporation or association who or which has
constructed or installed a water system after having complied with the
provisions of this act, shall extend the service in excess of the number
of connections for which approval was originally given. In case any such
extension is desired, such person shall proceed in the same manner as in
the case of an original application under this act and proceedings thereon
shall comply herewith.

§ 5. Any person, firm, corporation or association who or which
fails or refuses to notify the governing body of the county in which any
such water system is to be constructed or installed, or to notify the gov-
erning body of the county of any proposed extension beyond the number
of connections for which approval was originally given, or who fails or
refuses to notify the State Board of Health of the proposed construction
or installation of any such system, and thereafter constructs and installs
any such system, or, having given such notice and the same having been
disapproved, proceeds to construct or install any such system, shall be
guilty of a misdemeanor and punished as provided in § 6. Each day of
operation without notifying the governing body or State Board of Health
as above required or after disapproval by the governing body, shall con-
stitute a separate offense.

§ 6. Any person violating any provision of this act shall be guilty
of a misdemeanor and may be punished by a fine of not less than twenty-
five dollars nor more than five hundred dollars or by imprisonment in jail
for not less than thirty days nor more than six months, or by both; and,
in addition, may be enjoined from further violation of this act.

2. No provision of this act shall apply to a corporation the principal
business of which is the operation of a hotel and which from its surplus
facilities may furnish water to a limited number of patrons.

3. This act shall be in force on and after July 1, 1954.