CHAPTER 475

An Act to amend and reenact §§ 62-46 through 62-51, 62-58, 62-54, 62-56
62-57, 62-58 and 62-61 of the Code of Virginia, and to amend the
Code of Virginia by adding new sections numbered 62-47.1 and
62-60.1, the amended and new sections relating to the authority of
the State Board of Health to regulate the production and distribution
of water to the public, to issue and revoke permits for waterworks
and water supplies; to authorize the issuance of emergency orders
under certain conditions.

[H 458]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That §§ 62-46 through 62-51, 62-53, 62-54, 62-56, 62-57, 62-58 and
62-61 of the Code of Virginia be amended and reenacted and that the
Code of Virginia be further amended by adding sections numbered 62-47.1
and 62-60.1, the amended and new sections being as follows:

§ 62-46. * As used in this chapter the words and terms hereinafter
set forth shall have the meanings respectively set forth, unless the context
clearly requires a different meaning:

(a) “Waterworks’—* All structures and appliances used in connec-
tion with the collection, storage, purification and treatment of water for
drinking or domestic use and the distribution thereof to the public or
more than twenty-five individuals, or in the case of residential consumers
to more than fifteen connections, except only the piping and fixtures inside
the buildings where such water is delivered.

*(b) “Water supply’—Water that shall have been taken into water-
works * from all wells, streams, springs, lakes and other bodies of surface
water, natural or impounded, and the tributaries thereto, and all im-
pounded ground water, but * the term “water supply’ shall not include
any waters above the point of intake of such waterworks.

(c) “Owner”’—An individual, group of individuals, partnership, firm,
association, institution, corporation, municipal corporation, authority,
which supplies water to any person within this State from or by means
of any waterworks.

(d) “Pure water”’—Water fit for human consumption and use which
is sanitary, and normally free of minerals, organic substances and toxtc
agents in excess of reasonable amounts for domestic usage in the area
served and normally adequate in supply for the minimum health require-
ments of the persons served.

(e) “Board’—The State Board of Health.

§ 62-47. The * Board * shall have general supervision and control
over all water supplies and waterworks in the State in so far as the sani-
tary and physical quality of waters furnished for drinking or domestic
purposes may affect the public health *, and may require that all water
supplies be pure water.

§ 62-47.1. The Board may adopt rules and regulations governing
waterworks, water supplies and pure water, subject to the provisions of
Chapter 1.1 of Title 9 of the Code of Virginia, which rules and regulations
shall be designed to protect the public health and guarantee a supply of
pure water in relation to such matters. Said rules and regulations shall
not apply to structural design, location and construction of water-
works established by counties or under authorities created by counties
unless requested by resolution of the governing bodies thereof.

62-48. * The Board may cause examination of such water supplies
to be made to ascertain * whether the waterworks and water supplies
supply pure water for human consumption and use.

§ 62-49. * The Board shall, when requested, consult with and advise
* owners having or intending to have waterworks installed as to the most
appropriate source of water supply, * the best method of assuring * pure
water without any * expense to such * owners; but * the Board shall not
prepare plans, specifications or detailed estimates for any proposed
improvement.

§ 62-50. No * owner shall supply water for drinking or domestic
purposes to * any person within the State from or by means of any water-
works without a written permit from the * Board * for the supplying of
such water; except that this provision shall not apply to the extension
of water pipes for the distribution of water. The application for such a
permit shall be accompanied by a certified copy of the maps, plans and
specifications for the construction of such waterworks or extensions, and
a description of the source or sources from which it is proposed to derive
the supply and the manner of storage, purification or treatment proposed
for the supply previous to its delivery to consumers; and no other or
additional source of supply shall subsequently be used for any such water-
works, nor any change in the manner of storage, purification and treat-
ment of the water supply be made without an additional permit to be
obtained in a similar manner from the * Board *

Whenever application shall be made to the * Board * for a permit
under the provisions of this section, it shall be the duty of the Board to
examine the application without delay, and as soon as practicable there-
after, to issue the permit if, in its judgment, the proposed supply * will
furnish pure water; or to make an order stating the conditions under
which the permit will be granted.

§ 62-51. Whenever an investigation of any water supply or water-
works within the boundaries of the State is undertaken by the * Board *
to ascertain * whether pure water is being furnished to * any person for
drinking or domestic purposes, it shall be the duty of the * owner in charge
of the water supply or waterworks under investigation, to furnish, on
demand, to the * Board * or the authorized agent of * the Board, such
information relative to the source or sources from which the supply is
derived, and the manner of storage, purification or treatment of the water
before its delivery to the consumers, as may be necessary or desirable
for the determination of * whether pure water is supplied, and the Board
may require any owner to submit regular samples of water for bacterto-
logical or other tests, or may authorize the owner to submit the results
of — tests if the laboratory making such tests is acceptable to the

oard.

§ 62-53. When, upon investigation, the * Board * finds that a water
supply furnished to * any person for drinking or domestic purposes is
a menace to health or is not pure water, the Board shall have authority
to make an order requiring such changes in the * water supply or such
alterations or extensions in the waterworks, or such change in the method
of process of treatment or purification as the Board may deem necessary;
provided, however, the owner of any waterworks in existence on July 1,
1964, shall have the right to make any one or more of additional or sup-
plemental charges for connections or additional charges for water to
finance or defray the cost of such changes, alterations or extensions and
to defray any extra cost incident to the maintenance and operation there-
of, but nothing in this proviso shall be construed as preventing an owner
from including in future contracts provision for such additional or sup-
mlemental charges. The Board shall name in its order such date for the
completion of the required changes as it may deem reasonable and proper
and it shall be the duty of the * owner in charge of such water supply or
waterworks to fully comply with the order within the time prescribed. *
In the event that the owner does not comply with the order issued pur-
suant to the provisions of this section, then the Board may revoke the
owner's permit in accordance with the procedure set forth in § 62-54.

§ 62-54. (a) Every permit issued by the * Board * shall be revocable
at any time it is shown by investigation that the waterworks can no
longer be depended upon to furnish pure water * or that the capacity of
the waterworks is inadequate for the purpose of furnishing pure water *;
provided, that a written notice is sent by the Board to * the owner by
certified mail, together with an order * containing the reasons for revoca-
tion of the permit and its effective date, which effective date shall not be
less than fifteen days from the date of said order of revocation.

(b) The Board may amend a permit where there is a change in the
manner of storage, the treatment or the source of supply of the water
at the permitted location, or for any other cause incident to the protection
of the public health, or for the supplying of pure water, provided notice
i fe to the owner and a hearing held in accordance with the provisions

62-56.

(c) The Board shall revoke the permit issued to any owner who shall
have abandoned the waterworks and discontinued supplying pure water.

§ 62-56. Whenever the * Board * shall issue an order to an * owner,
and the owner applies for a hearing, the Board shall appoint a time and
place within the county, city or town where such waterworks exist, for
a hearing on the subject. * At such a hearing the Board shall attend in
person, or shall deputize a committee of the Board to attend, or shall
authorize the State Health Commissioner to act for and in the name of
the Board * at such hearing. At any such hearing, all persons interested
may appear, * be heard and * present the testimony of expert and other
witnesses, and the Board may hear witnesses called upon its own motion.

The Board shall have power to issue, in the name of the Board sub-
poenas for the attendance of witnesses and the production of books, papers
and maps, relative to the sources of the water supply and the manner of
storage, purification or treatment of the supply before its delivery to *
any person, at any hearing * in any part of the State as provided by law.
The officer of the Board presiding at any hearing shall have power to
administer oaths and certify to all official acts of the Board. After such
hearings, the Board shall issue such final order as in its judgment may
be required to protect the public health or guarantee a supply of pure
water, and notice of the final order shall be sent to all parties concerned.

§ 62-57. Any * owner dissatisfied with such order or final order of,
or by the granting, revoking, amending or refusing to grant any permit
by the * Board *, or believing that such order granting, revoking, a
ing or refusing to grant such permit * is illegal or unreasonable or that
the order is not necessary for the protection of the public health or the
supplying of pure water may, within thirty days after the making of the
order, or final order, or the granting, revoking, amending or refusing to
grant, revoke or amend such permit, appeal to the circuit court of the
county, or the corporation court of the city, wherein such water is to be
used, and the court shall render a decision approving, setting aside or
modifying the order or final order or stating the conditions for the grant-
ing of the permit.

§ 62-58. (a) Failure on the part of any * owner to obtain a written
permit from the * Board *, as provided * under § 62-50, or to comply fully
with an order issued by the Board, under the preceding sections, shall be
deemed a misdemeanor and punishable by a fine of not less than twenty
nor more than one hundred dollars for each offense, each day in which
such failure is made being considered to constitute a separate offense.
All penalties under this section are to be recovered by the State in a civil
action brought by the Attorney General in the name of the Commonwealth.

(b) In addition, the Board may apply to an appropriate court for an
injunction or other legal process to prevent or stop the operation of any
waterworks by an owner who does not have a valid permit issued by the

oa

§ 62-60.1. (a) The Board by its rules and regulations may authorize
the State Health Commissioner to 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. 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 con-
dition causing the production or distribution of any water constituting
an imminent danger to the public health. Emergency orders shall be effec-
tive for a period not exceeding sixty days at the determination of the
Commissioner.

(b) An emergency order issued by the Commissioner may be appealed
to the circuit or corporation court of the county or city wherein the
alleged violation exists, and an emergency order shall remain in force
pending an appeal only if the Commissioner satisfies the court that the
public health is or will be in danger pending the final disposition of the
appeal.

(c) Any person who violates an emergency order of the Commissioner
shall be guilty of a misdemeanor, punishable by a fine not exceeding five
hundred dollars or confinement in jail not exceeding six months, or both,
and any violation in addition shall be subject to being enjoined as a
nuisance.

§ 62-61. Any provisions in any charter heretofore granted to * an
owner in conflict with the provisions of this chapter are hereby repealed;
provided the provisions of any charter heretofore granted to a municipal
corporation are not repealed.