Vol. 40 Iss. 4 (Proposed) 12VAC5-635, Rainwater Harvesting System Regulation October 09, 2023

REGULATIONS
Vol. 40 Iss. 4 - October 09, 2023

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TITLE 12. HEALTH

DEPARTMENT OF HEALTH

Chapter 635

Proposed

Titles of Regulations: 12VAC5-635. Rainwater Harvesting System Regulation (adding 12VAC5-635-10 through 12VAC5-635-370).

Statutory Authority: §§ 32.1-12 and 32.248.2 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 8, 2023.

Agency Contact: Julie Henderson, Director, Environmental Health Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23235, telephone (804) 864-7455, FAX (804) 864-7475, TDD (800) 828-1120, or email julie.henderson@vdh.virginia.gov.

Basis: Section 32.1-12 of the Code of Virginia permits the State Board of Health to make, adopt, promulgate, and provide for reasonable variances and exemptions therefrom as may be necessary to carry out the provisions of Title 32.1 of the Code of Virginia. Section 32.1-248.2 of the Code of Virginia requires the board to adopt regulations regarding the use of rainwater and rainwater harvesting systems, including the conditions under which rainwater may be appropriately used and for what purpose.

Purpose: Rainwater has been harvested and used for centuries in the Commonwealth in the absence of guidance or regulation addressing the protection of human health. Over the past decade, rainwater harvesting systems have become more common across North America. Officials responsible for inspecting these systems have voiced their need for more detailed design parameters to ensure safe implementation of these systems to protect public health. New information and research has improved understanding of risk to public health associated with rainwater harvesting, which is addressed in the proposed regulation. Examples of recent advancements in considerations for public health impacts include the development of standards for use of harvested rainwater developed by the American Rainwater Catchment Systems Association and the International Code Council.

Water used for human consumption in Virginia is currently provided from permitted waterworks and from private wells; both programs are regulated by the Virginia Department of Health (VDH). However, a demand for another source of water supply exists where public source and groundwater availability is limited. For example, groundwater limitations may occur as (i) a result of natural scarcity or contamination, or (ii) in coastal areas under threat of inundation or salt water intrusion. In addition, rainwater harvesting is an emerging technology with early adopters having interest in natural resource protection. The Uniform Statewide Building Code (§ 36-97 et seq. of the Code of Virginia) relies upon VDH to provide water quality standards, including treatment standards for nonpotable applications. The proposed regulation will allow VDH to provide certification to building officials that rainwater harvesting systems applicable to both potable and nonpotable use are protective of public health. The goal of this proposed regulation is to provide a mechanism for VDH to approve rainwater harvesting systems as protective of public health.

Substance: The following substantive provisions are being considered for inclusion in the Rainwater Harvesting System Regulation (12VAC5-635):

Definitions as necessary for consistency with the Code of Virginia, other regulations, and code documents related to rainwater harvesting and water reuse, stormwater, the Uniform Statewide Building Code (USBC), and current industry standards;
Reference to administrative processes to reflect current law and to provide consistency with other VDH regulations;
Identification of reasonable exemptions from the regulation (e.g., rain barrels, waterworks);
Criteria to acknowledge nationally recognized standards and certifications for approval of rainwater harvesting components and certification of persons involved in the design, installation, inspection, repair, and maintenance of rainwater harvesting systems;
Standards for rainwater harvesting performance objectives;
Requirement that rainwater system components meet national lead-free standards;
Standards for rainwater harvesting collection parameters;
Standards for drought response;
Standards for rainwater harvesting conveyance system requirements;
Standards for rainwater prefiltration;
Standards for harvested rainwater storage;
Pump and filtration parameters;
Disinfection and other treatment parameters;
Water quality parameters for systems used for human consumption;
Inspection, operation, and maintenance requirements for rainwater harvesting systems;
Cross connection prevention and backflow prevention standards;
System permit requirements; and
Alternate compliance pathways for rainwater to be used both for human consumption and not for human consumption applications.

Issues: Primary advantages to the public include provision of an additional source of water supply for beneficial use to all persons in the Commonwealth. The regulation will also provide clarity to designers and builders regarding water quality standards applicable to rainwater harvesting systems as described in the USBC. It is possible that some members of the public may consider the need to obtain a permit for a rainwater harvesting system intended for potable use to be a disadvantage. VDH had not identified other disadvantage to the public.

Primary advantages to the agency or Commonwealth are that the regulation will assist the Commonwealth by enhancing protection of public health and the environment and provide an additional avenue to address current disparities throughout the Commonwealth by providing an additional source of water to persons with limited access. Disadvantages are that neither the regulation nor the Code of Virginia provide VDH with authority to recover any cost for implementation of this new regulatory program.

Department of Planning and Budget's Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of these economic impacts.¹

Summary of the Proposed Amendments to Regulation. The State Board of Health (board) proposes to adopt new regulations regarding the use of rainwater.

Background. Chapter 817 of the 2018 Acts of Assembly amended § 32.1-248.2 of the Code of Virginia to require the board to adopt regulations regarding the use of rainwater and gray water. The legislation mandates that the regulations regarding use of rainwater (i) describe the conditions under which rainwater may appropriately be used and for what purposes, and (ii) provide standards for the use of rainwater harvesting systems, including systems that collect rainwater for use by commercial enterprises but do not provide water for human consumption, as defined in § 32.1-167 of the Code of Virginia. The Virginia Department of Health (VDH) states that gray water will be regulated separately, via a pending revision of the Sewage Handling and Disposal Regulations (12VAC5-610). Chapter 817 further instructs VDH to promote the use of rainwater as means to reduce freshwater consumption, ease demands on public treatment works and water supply systems, and promote conservation and to consider recognizing rainwater as an independent source of fresh water available for use by the residents of the Commonwealth.

Specifically, the proposed regulation would have the following sections: 12VAC5-635-10 Definitions, 12VAC5-635-20 Applicability of Regulations, 12VAC5-635-30 Relationship to Virginia Sewage Handling and Disposal Regulations, 12VAC5-635-40 Relationship to the State Water Control Board, 12VAC5-635-50 Relationship to the Uniform Statewide Building Code, 12VAC5-635-60 Right of Entry and Inspections, 12VAC5-635-70 End Use Tiers for Rainwater Harvesting Systems, 12VAC5-635-80 Reserved, 12VAC5-635-90 Permits for rainwater harvesting systems; general, 12VAC5-635-100 Application Procedures for a Construction Permit for a Rainwater Harvesting System for Tier 4 End Use, 12VAC5-635-110 Issuance of a Construction Permit, 12VAC5-635-120 Denial of a Construction Permit, 12VAC5-635-130 Revision of Approved Plans, 12VAC5-635-140 Installation inspection and Correction, 12VAC5-635-150 Requirement for an Easement, 12VAC5-635-160 Land Records, 12VAC5-635-170 Issuance of Operation Permit, 12VAC5-635-180 Variances, 12VAC5-635-190 Enforcements, Notices, Informal Conferences, Appeals, 12VAC5-635-200 Cross Connection Abatement, 12VAC5-635-210 Backflow Prevention, 12VAC5-635-220 Water Storage Unit Location, 12VAC5-635-230 Materials and Equipment, 12VAC5-635-240 Design and Installation, 12VAC5-635-250 Filtration, 12VAC5-635-260 Disinfection, 12VAC5-635-270 General Certification, 12VAC5-635-280 Temporary Removal from Service, 12VAC5-635-290 Performance Requirements; General, 12VAC5-635-300 Continuity of Water Supply, 12VAC5-635-310 Water Quality Standards, 12VAC5-635-320 Operator Requirements; Frequency of Inspection, 12VAC5-635-330 Operation and Maintenance; Operator's Responsibility, 12VAC5-635-340 Operation and Maintenance; Owner's Responsibilities, 12VAC5-635-350 Operation and Maintenance Manual, 12VAC5-635-360 Inspection Requirements, 12VAC5-635-370 Inspection Reports, and 12VAC5-635-9998 FORMS.

The proposed regulation defines "rainwater harvesting system" as "a water system for collecting, storing, potentially treating, and distributing rainwater for an end use." Rainwater harvesting systems are divided into four tiers, based upon the intended end use of the rainwater collected. Tier 4 is for water intended for human consumption (potable).

Tier 4: Potable Water

A construction permit, issued by VDH, would be required for a rainwater harvesting system for Tier 4 end use. VDH would issue the construction permit if it determines that (i) the rainwater harvesting system is adequate to produce potable water, (ii) the system complies with all requirements of the regulation and (iii) the installation and operation of the system would not create an actual or potential health hazard or nuisance. There is no proposed fee for the permit.

Upon completion of the installation, alteration, or rehabilitation of a rainwater harvesting system intended for Tier 4 end use:

1. The owner or agent shall submit to the local health department a statement signed by the installer certifying that the rainwater harvesting system was installed, altered or rehabilitated in accordance with the construction permit and that the rainwater harvesting system complies with applicable state and local regulations, ordinances and laws;

2. The designer shall thoroughly inspect the system installation to determine whether the installation was completed substantially in accordance with the approved evaluation and design, including any revisions made; and

3. The designer shall submit to the local health department a signed inspection report stating that the installation was completed substantially in accordance with the approved evaluation and design revised only in accordance with [delineated] provisions.

There are further requirements if the designer observes deficiencies during the inspection.

Further, the proposed regulation states that no rainwater harvesting system intended for Tier 4 end use may be operated, except for the purposes of testing the system, until VDH has issued an operation permit to the owner. For an operation permit to be issued, all of the requirements mentioned in the above paragraph must have been completed, and the owner must:

1. Record an instrument describing applicable annual water quality testing and maintenance requirements for each component of the rainwater harvesting system in the land records of the circuit court having jurisdiction over the site of the rainwater harvesting system; and

2. Submit to the local health department legal documentation indicating that the instrument has been duly recorded in the land records.

The instrument recorded pursuant to this section shall be transferred with the title to the property upon the sale or other transfer of the property in which the rainwater harvesting system is located. There is no proposed fee for the operation permit.

Tiers 1, 2, and 3: Nonpotable Water

An owner may install and operate a rainwater harvesting system without a permit where the water is not intended for human consumption (i.e., Tier 1, 2, or 3).

- Tier 1 is low exposure nonpotable water end use where humans will rarely come into contact with the treated rainwater due to the nature of the installation that limits direct or indirect contact under normal operation. Examples include trap primers, restricted access spray irrigation, surface and subsurface irrigation, and ice rinks. In this context, restricted access spray irrigation means spray irrigation in fenced or remote locations where human visitation is controlled or prevented.

- Tier 2 is medium exposure nonpotable water end use where human contact with treated rainwater is indirect or limited. Examples include toilet and urinal flushing, clothes washing, HVAC evaporative cooling, and rooftop thermal cooling.

- Tier 3 is high exposure nonpotable water end use where human contact with treated rainwater is direct. Examples include hose bibs, pressure washing, firefighting or protection and fire suppression, decorative fountains, vehicle washing, and nonrestricted spray irrigation.

The owner of a Tier 1, 2, or 3 end use rainwater harvesting system shall file a registration form with the department within 30 days of the following: (i) installing a rainwater harvesting system, (ii) change of ownership of a rainwater harvesting system, or (iii) permanently closing a rainwater harvesting system. There is no proposed fee for the registration.

Other Requirements.²According to VDH, water quality treatment is inconsistent from locality to locality because of the current absence of statewide water quality standards. The proposed regulation includes specific minimum water quality standards that differ by tier level. Tiers 2, 3, and 4 all have standards of removal of bacteria and protozoa (higher the tier, higher the standard), while Tier 1 does not. Tier 4 has a required pH range, while the other tiers do not. The proposed regulation also states that "It is unlikely that human infectious viruses are present in harvested rainwater. However, if underground water storage tanks are used where there is a potential for sewage contamination or surface water infiltration, a [specified] reduction for viruses shall be required."

The owner of a rainwater harvesting system would be required to ensure that the rainwater harvesting system is inspected and tested for water quality by an operator at the times described in the following table below. An operator is defined as a person employed or contracted by an owner to operate and maintain a rainwater harvesting system and holding certification as a designer, installer, or inspector. Owners may be certified to become operators.

End Use Tier	Initial Inspection	Regular Inspection Schedule
1	Prior to the system entering service	As needed
2, 3	Prior to the system entering service	Every 12 months while structure is occupied. If system only provides water for outdoor use, then as needed
4 (single service connection)	Condition of issuance of operation permit	Every 180 days while structure is occupied. *
4 (multiple service connections)	Condition of issuance of operation permit	Every 90 days while any connection serves an occupied structure. *
* If a structure is vacant longer than the regular inspection cycle in Table 5, an operator shall inspect the rainwater harvesting system prior to the structure becoming reoccupied.

During an inspection, the operator must review and evaluate the operation of the rainwater harvesting system, perform routine maintenance, make adjustments, and replace worn or dysfunctional components with functionally equivalent parts such that the system can reasonably be expected to return to normal operation. If a rainwater harvesting system permitted for Tier 4 end use is not functioning as designed or in accordance with the performance requirements of this chapter and, in the operator's professional judgment, cannot be reasonably expected to return to normal operation through routine operation and maintenance, the operator must report immediately to the owner the remediation efforts necessary to return the rainwater harvesting system to normal operation, including recommendation for temporary or emergency alternate water supply if the system does not provide water acceptable for human consumption.

The operator would also be required to maintain a written log for each rainwater harvesting system for which the operator is responsible that contains, at minimum, the following items: (i) results of testing and sampling, (ii) information regarding reportable incidents, including the corrective action required and taken, (iii) maintenance, corrective actions, and repair activities that are performed for purposes other than a reportable incident, and (iv) recommendations for repair and replacement of system components. Additionally, the owner and operator must maintain and operate the rainwater harvesting system in accordance with an approved operation and maintenance manual.

The proposed regulation states that a person providing design, installation, or inspection of rainwater harvesting systems shall be certified by the American Society of Sanitary Engineering (ASSE) as follows:

1. Rainwater Harvesting System Designers shall maintain ASSE 21120 Rainwater Catchment Systems Designer certification.

2. Rainwater Harvesting System Installers shall maintain ASSE 21110 Rainwater Catchment Systems Installer certification.

3. Rainwater Harvesting System Inspectors shall maintain ASSE 21130 Rainwater and Stormwater Catchment Systems Inspector certification.

Other proposed requirements for the regulation are consistent with the Virginia Uniform Statewide Building Code, which applies to rainwater harvesting systems³ and would not have impact.

The Virginia Plumbing Code⁴ requires that VDH approve individual water supplies as potable prior to connection to the plumbing system.⁵ Currently, there is no mechanism for VDH to approve rainwater harvesting systems for potable uses. The proposed regulation would provide such a mechanism. Rainwater harvesting systems for nonpotable end use have no such requirement and are currently operating in the Commonwealth.⁶

Estimated Benefits and Costs.

Benefits. Since there is currently no mechanism for VDH to approve rainwater harvesting systems for potable uses, local building officials cannot grant building permits for new construction with rainwater harvesting systems to be used for potable water.⁷ By providing such a mechanism, the proposed regulation would enable the construction of buildings that use rainwater harvesting systems for potable uses. To the extent that this new option is utilized, it may ease demands on public treatment works and water supply systems. It can also be beneficial for people who do not have access to a public water supply, where the water table is such that a well is not practical, or the local water is contaminated and not easily treated. According to the agency, there are currently an estimated several hundred homeowners relying on cisterns throughout Virginia who regularly pay for hauled water to maintain their water supply (costs range from $110 to $150 per 1,000 gallons). The proposed regulation may allow these individuals to reduce or discontinue reliance on that service. To the extent that the proposed new mechanism for VDH to approve rainwater harvesting systems for potable uses is utilized, firms that supply such systems and firms that supply design, installation, or inspection services for these systems would benefit from additional business.

Contaminated drinking water can transmit diseases such as diarrhea, cholera, dysentery, hepatitis A, typhoid, and polio.⁸ Thus, ensuring that the rainwater harvesting systems that are to be used for drinking water truly produce potable water is highly beneficial. Additionally, the various requirements that may help reduce the level of contamination in water from systems that produce water not intended for consumption, but where people are expected to have contact with treated rainwater, may also potentially reduce disease transmission.

The proposed requirement that all individuals who provide design, installation, or inspection of rainwater harvesting systems be certified by ASSE may help ensure that the design, installation, and inspection of the systems is done competently. This may reduce the likelihood of failures of the systems.

Costs. Persons providing design, installation, or inspection of rainwater harvesting systems are not currently required to be certified. To the extent that persons providing these services do not already have such certification, the proposed requirement for ASSE certification would produce new costs for these individuals and/or the firms that employ them. There are several ASSE-approved training providers, and the cost for training and certification would cost approximately $400 to $600 for online training. The training is expected to take one to two days. Participants must also pass an examination to earn certification.⁹

The proposed requirements that operators and owners produce and keep logs and manuals would require additional time be spent to the extent that these items are not already being produced. To the extent that the proposed water quality standards and inspection schedules are more stringent than what localities are already requiring, there may be associated additional costs to meet these requirements as well.

VDH does not believe that the legislation provided the authority to charge fees for costs associated with the rainwater harvesting system program. The agency estimates general fund dollars would be required for the following costs:

1. An estimated one-time cost of $68,000 for VDH's database vendor to modify the internal Environmental Health Database to incorporate a permitting program for Rainwater Harvesting Systems for Potable Use to track program permits, operation, and maintenance. There would also be an annual ongoing cost of $54,000 to VDH's database vendor to maintain this system.

2. A one-time cost of $34,000 to VDH's database vendor to develop an online tool for registering rainwater harvesting systems with VDH. There would also be an ongoing annual cost of $24,000 to VDH's database vendor to maintain this tool.

3. An estimated staff resource cost of $134,000 to provide development, support, and review of the operation and maintenance of both systems described in 1 and 2. VDH anticipates that the development costs would decrease over time as the operation and maintenance effort increases.

4. Personnel costs for developing training and outreach programs and materials to familiarize VDH staff and the regulated community with the regulations. There would be an ongoing cost associated with the engineering review of permit applications, and there will be an ongoing cost for enforcement of the regulation. VDH estimates an annual staff resource cost of $200,000 to provide the training, outreach, engineering review, and enforcement processes. VDH anticipates that the training and outreach costs would decrease over time as the engineering review and enforcement costs increase.

5. A staff resource cost at local health departments to process applications for potable rainwater harvesting system permits. VDH anticipates the cost to process each application would vary based on the size and complexity of the systems with a range of $300 to $1500 in staff resources per application.

Businesses and Other Entities Affected. The proposed regulation would particularly affect owners of homes and other buildings or property where potable water is hard to obtain, builders and property developers, firms that supply rainwater harvesting systems, and firms that supply design, installation, or inspection services for these systems.¹⁰

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.¹¹ An adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined. Since new costs are introduced for rainwater harvesting systems for nonpotable uses, an adverse impact is indicated.

Small Businesses¹² Affected.¹³

Types and Estimated Number of Small Businesses Affected. The proposed regulation would particularly affect small firms that that supply rainwater harvesting systems, that supply design, installation, or inspection services for these systems, or have difficulty obtaining potable water.¹⁴

Costs and Other Effects. To the extent that small firms that that supply design, installation, or inspection services for rainwater harvesting systems do not already ensure that their applicable employees are ASSE certified, the proposed certification requirement would increase costs.

Alternative Method that Minimizes Adverse Impact. There are no clear alternative methods that both reduce adverse impact and meet the intended policy goals.

Localities¹⁵ Affected.¹⁶The proposed regulation may particularly affect those localities that have higher percentages of their land where the water table is such that a well is not practical or the local water is contaminated and not easily treated. The proposal does not introduce costs for local governments.

Projected Impact on Employment. The proposed creation of the new mechanism for VDH to approve rainwater harvesting systems for potable uses may increase businesses for firms that supply such systems and firms that supply design, installation, or inspection services for these systems. With increases demand, these firms may hire additional employees.

Effects on the Use and Value of Private Property. The proposed creation of the new mechanism for VDH to approve rainwater harvesting systems for potable uses may increase businesses for firms that supply such systems and firms that supply design, installation, or inspection services for these systems. Associated increased revenues could increase the value of such firms. To the extent that firms that supply design, installation, or inspection services for rainwater harvesting systems do not already ensure that their applicable employees are ASSE certified, the proposed certification requirement may moderately affect these firms' value in the opposite direction.

The proposed creation of the new mechanism for VDH to approve rainwater harvesting systems for potable uses may also reduce real estate development costs in areas where there is no public water supply, the water table is such that a well is not practical, and/or the local water is contaminated and not easily treated.

___________________________________

¹Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (i) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (ii) the identity of any localities and types of businesses or other entities particularly affected, (iii) the projected number of persons and employment positions to be affected, (iv) the projected costs to affected businesses or entities to implement or comply with the regulation, and (v) the impact on the use and value of private property.

²Not all requirements are specifically discussed in this report.

³Source: VDH

⁴The Virginia Uniform Statewide Building (13VAC5-63) incorporates the "International Plumbing Code - 2018 Edition" by reference. See https://law.lis.virginia.gov/admincode/title13/agency5/chapter63/section9999/

⁵Section 602.3.3 of the 2018 edition of the Plumbing Code states that "Water from an individual water supply shall be approved as potable by the authority having jurisdiction [VDH] prior to connection to the plumbing system." See https://codes.iccsafe.org/content/VPC2018P1/chapter-6-water-supply-and-distribution

⁶Source: VDH

⁷Ibid

⁸Source: World Health Organization. See https://www.who.int/news-room/fact-sheets/detail/drinking-water

⁹Source: VDH

¹⁰VDH does not have estimates for the numbers of these affected entities.

¹¹Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

¹²Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

¹³If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

¹⁴VDH does not have estimates for the numbers of these small firms.

¹⁵"Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹⁶Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The Virginia Department of Health concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

Pursuant to Chapter 817 of the 2018 Acts of Assembly, the proposed action establishes the Rainwater Harvesting System Regulation (12VAC5-635), a new regulation to provide standards for the use of rainwater harvesting systems, including systems that collect rainwater for human consumption. The proposed regulation establishes the relationship with the statutes and regulations applicable to other agencies to avoid duplication of regulatory oversight for both nonpotable and potable uses of harvested rainwater for users below the threshold qualifying as a waterworks. The regulation also establishes administrative processes for permitting, inspecting, and issuing construction and operation permits for intended potable rainwater harvesting systems, along with appropriate exemptions from the regulation (e.g., rain barrels are exempt). Rainwater harvesting systems are divided into four tiers of end use. The highest tier includes potable water and requires the greatest level of treatment and oversight. The specified end-use determines the minimum design, construction, and ongoing operation and maintenance standards for each system. The proposed regulation requires permits to construct and operate a rainwater harvesting system for potable use. Nonpotable systems will be documented in a registry but will not be subject to permitting.

The following substantive provisions are being proposed for inclusion in the Rainwater Harvesting System Regulation (12VAC5-635): (i) definitions as necessary for consistency with the Code of Virginia and other regulations related to rainwater harvesting and water reuse, stormwater, the Uniform Statewide Building Code (USBC), and current industry standards; (ii) criteria to acknowledge nationally recognized standards and certifications for approval of rainwater harvesting components and certification of persons involved in the design, installation, inspection, repair, and maintenance of rainwater harvesting systems; (iii) standards for rainwater harvesting performance objectives; (iv) a requirement that rainwater system components meet national lead-free standards; (v) standards for rainwater harvesting collection parameters, drought response, rainwater harvesting conveyance systems, rainwater prefiltration, harvested rainwater storage, and cross connection and backflow prevention; (vi) pump and filtration and disinfection and other treatment parameters; (vii) water quality parameters for systems used for human consumption; (vii) inspection, operation, and maintenance requirements for rainwater harvesting systems; (ix) system permit requirements; and (x) alternate compliance pathways for rainwater to be used both for human consumption and not for human consumption applications.

Chapter 635

Rainwater Harvesting System Regulation

Part I

General Framework

12VAC5-635-10. Definitions.

The following words, terms, and abbreviations, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Agent" means a legally authorized representative of the owner.

"ANSI" means the American National Standards Institute.

"ASSE" means the American Society of Sanitary Engineering.

"Cistern" means a water storage tank connected to a plumbing system or irrigation system.

"Commissioner" means the State Health Commissioner or the commissioner's designee.

"Contaminant" means an objectionable or hazardous physical, chemical, biological, or radiological substance or matter in water.

"Conveyance system" or "roof drainage system" means the portion of a rainwater harvesting system that directs collected rainwater to the point of untreated rainwater storage, including gutters, downspouts, roof drains, and connectors.

"Debris excluder" means a screen or other device installed in the gutter or downspout system to prevent the accumulation of leaves, needles, or other debris in the rainwater harvesting system.

"Department" means the Virginia Department of Health.

"Designer" means a person who is employed or contracted by an owner to design a rainwater harvesting system and holds certification as a designer pursuant to 12VAC5-635-270 C. Owners may be certified to become designers.

"Disinfection" means a process that inactivates or destroys pathogenic organisms in water by use of a disinfectant. A disinfectant is any chemical and physical agent, including chlorine, chlorine dioxide, chloramines, ozone, and ultraviolet light, added to water in any part of the treatment or distribution process for the purpose of killing or inactivating pathogenic organisms.

"Distribution system" means piping and other components carrying water from a rainwater harvesting system to the point of use.

"End use" means the use of water from a rainwater harvesting system.

"End use tier" means a categorization applied to a rainwater harvesting system based on potable or nonpotable water quality; end use; and potential for human contact, including ingestion, inhalation, and skin contact.

"Filtration" means a process for removing particulate matter from water by passage through porous media.

"First flush" means a method for the removal of sediment and debris from the collection surface by diverting initial rainfall from entry into the storage unit.

"Harvested rainwater" means water from precipitation, including snowmelt, that falls on an elevated roof not subject to pedestrian access and is directed through gutters and downspouts to a storage tank prior to contact with the ground.

"Human consumption" means drinking, food preparation, dishwashing, bathing, showering, hand washing, teeth brushing, and maintaining oral hygiene.

"Installer" means the service provider responsible for installation of a rainwater harvesting system in accordance with the construction permit.

"Local health department" means the department established in each city and county in accordance with § 32.1-30 of the Code of Virginia.

"Log reduction" means the removal of organisms expressed on a logarithmic scale. For example, a 99.9% is a 3-log removal; whereas a 99.99% is a 4-log removal.

"Log reduction target" means a level of log removal assigned to an end use tier.

"Maintenance" means performing adjustments to equipment and controls and in-kind replacement of normal wear and tear parts such as light bulbs, fuses, filters, pumps, motors, conveyance subsystem components, or other like components. Maintenance includes pumping the tanks or cleaning the system components, including tanks, on a periodic basis. Maintenance shall not include replacement of water storage units or work requiring a construction permit and an installer.

"Nonpotable water" means water not classified as pure water.

"NSF" means NSF International, formerly known as the National Sanitation Foundation. NSF collaborates with ANSI and Canadian authorities on drinking water standards development. "NSF/ANSI/CAN" is the abbreviation for that collaboration.

"Operation and maintenance manual" means the set of materials and documentation maintained by an owner containing the instructions and information required by 12VAC5-635-350.

"Operator" means a person employed or contracted by an owner to operate and maintain a rainwater harvesting system and holding certification as a designer, installer, or inspector as described in 12VAC5-635-270 C. Owners may be certified to become operators.

"Owner" means any person, individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, or instrumentality thereof, who owns, leases, or proposes to own or lease a rainwater harvesting system.

"Point of use" means a point in a domestic water system nearest to a water-consuming plumbing fixture where water is used.

"Potable water" or "pure water" means water fit for human consumption that (i) is sanitary and normally free of minerals, organic substances, and toxic agents in excess of reasonable amounts; (ii) is adequate in quantity and quality for the minimum health requirements of the persons served; and (iii) conforms to potable water standards defined in the Virginia Uniform Statewide Building Code.

"Precipitation" means water that has precipitated from the atmosphere, including rain, snow, sleet, hail, mist, fog, and dew.

"Rainwater harvesting system" means a water system for collecting, storing, potentially treating, and distributing rainwater for an end use.

"Screen" means a filtration device constructed of corrosion-resistant wire or other approved mesh, having openings in determined sizes.

"Secondary water supply" means an alternate source of water that serves a rainwater harvesting system for the purpose of continuity of water supply.

"Service connection" means the point of delivery of water from a rainwater harvesting system to the distribution system of a user. In the case of a building having multiple independent tenants, each independent tenant is considered a service connection for the purpose of this chapter, regardless of distribution system configuration. In general, a service connection is a single residential unit or commercial space.

"Stormwater" means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage.

"Treatment" means the use of physical, biological, or chemical means to make water suitable for the intended use.

"Treatment system" or "water treatment system" means the equipment and components used to achieve treatment of rainwater, most commonly filtration and disinfection.

"USBC" means the Virginia Uniform Statewide Building Code (§ 36-97 et seq. of the Code of Virginia).

"Water storage unit" means a cistern or tank used as the central storage component of the rainwater harvesting system prior to treatment.

"Waterworks" means a system that serves piped water for human consumption to at least 15 service connections or 25 or more individuals for at least 60 days out of the year.

"Written operational record" means the official record of the maintenance and operations of a rainwater harvesting system that contains the items required pursuant to 12VAC5-330 C.

12VAC5-635-20. Applicability of regulation.

A. This chapter does not apply to rainwater harvesting systems installed, altered, or rehabilitated prior to (insert the effective date of this chapter) unless the rainwater harvesting system is altered or rehabilitated after (insert the effective date of this chapter).

B. The following are excluded from the requirements of this chapter.

1. Rain barrels (individual containers of up to 100 gallon capacity used to collect and temporarily store rainwater solely for Tier 1 end use);

2. Rainwater harvesting systems that serve as a source for a waterworks as regulated by 12VAC5-590;

3. Rainwater harvesting systems for Tier 1, 2, or 3 end use conducted for an agricultural operation as defined by § 3.2-300 of the Code of Virginia; and

4. Stormwater reclamation and reuse systems authorized by the Department of Environmental Quality in accordance with regulations adopted pursuant to § 62.1-44.15:28 of the Code of Virginia, including stormwater reclamation and reuse systems that may reclaim combined stormwater and harvested rainwater.

12VAC5-635-30. Relationship to Virginia Sewage Handling and Disposal Regulations.

This chapter supersedes 12VAC5-610-1170 of the Virginia Sewage Handling and Disposal Regulations, which addresses cisterns, in cases where a cistern is used solely as a component of a rainwater harvesting system subject to the requirements of this chapter.

12VAC5-635-40. Relationship to the State Water Control Board.

This chapter addresses the standards for the collection and use of that portion of stormwater not regulated in accordance with 9VAC25-31, 9VAC25-32, 9VAC25-151, 9VAC25-840, 9VAC25-870, 9VAC25-880, and 9VAC25-890.

12VAC5-635-50. Relationship to the Uniform Statewide Building Code.

A. This chapter is independent of and in addition to the requirements of the USBC in accordance with § 36-98 of the Code of Virginia.

B. All persons required to obtain a rainwater harvesting system installation permit for a system for Tier 4 end use shall furnish a copy of the installation permit to the local building official when making application for a building permit.

C. The applicant for a rainwater harvesting system for Tier 4 end use shall furnish the local building official with a copy of the operating permit demonstrating the potable water supply has been inspected, sampled, and approved by the local health department.

12VAC5-635-60. Right of entry and inspections.

In accordance with § 32.1-25 of the Code of Virginia, the commissioner or a designee shall have the right to enter any property to ensure compliance with this chapter.

Part II

Procedural Requirements

12VAC5-635-70. End use tiers for rainwater harvesting systems.

The end use tier categorization of harvested rainwater is based on water quality, intended end uses, and associated potential for human contact through ingestion, inhalation, and skin contact. The examples of common-use applications are not intended to represent all possible applications. Where end use applications are not listed, or are subject to interpretation, the application shall be categorized based on the highest numbered applicable end use tier description. The end use tiers are as follows:

1. Tier 1. Low exposure end use: Nonpotable water use where humans will rarely come into contact with the treated rainwater due to the nature of the installation that limits direct or indirect contact under normal operation. Examples include trap primers, restricted access spray irrigation, surface and subsurface irrigation, and ice rinks. In this context, restricted access spray irrigation means spray irrigation in fenced or remote locations where human visitation is controlled or prevented.

2. Tier 2. Medium exposure end use: Nonpotable water use where human contact with treated rainwater is indirect or limited. Examples include toilet and urinal flushing, clothes washing, HVAC evaporative cooling, and rooftop thermal cooling.

3. Tier 3. High exposure end use: Nonpotable water use where human contact with treated rainwater is direct. Examples include hose bibs, pressure washing, firefighting or protection and fire suppression, decorative fountains, vehicle washing, and nonrestricted spray irrigation.

4. Tier 4. Potable water end use: Intended for human consumption.

12VAC5-635-80. Reserved.

12VAC5-635-90. Permits for rainwater harvesting systems; general.

A. No person may install, alter, or rehabilitate or allow the installation, alteration, or rehabilitation of a rainwater harvesting system intended for Tier 4 end use without a written construction permit from the commissioner.

B. The commissioner may impose conditions on the issuance of a permit and no rainwater harvesting system intended for Tier 4 end use may be installed or modified in violation of those conditions.

C. Unless suspended or revoked pursuant to 12VAC5-635-190, construction permits for a rainwater harvesting system intended for Tier 4 end use shall be valid for a period of 36 months from the date of issuance.

D. An owner may install and operate a rainwater harvesting systems intended for Tier 1, 2, or 3 end use without a permit. The owner of a Tier 1, 2, or 3 end use rainwater harvesting system shall file a registration form with the department within 30 days of the following:

1. Installing a rainwater harvesting system;

2. Change of ownership of a rainwater harvesting system; or

3. Permanently closing a rainwater harvesting system.

12VAC5-635-100. Application procedures for a construction permit for a rainwater harvesting system for Tier 4 end use.

A. The owner of a proposed rainwater harvesting system shall sign and submit a written permit application to the local health department for the locality where the proposed rainwater harvesting system would be located, on an application form provided by the local health department, that contains the following information:

1. The property owner's name, address, and telephone number;

2. The applicant's name, address, and telephone number (if different from the property owner's);

3. A statement signed by the property owner or agent granting the department access to the site to conduct a sanitary survey if underground water storage is proposed and to inspect the rainwater harvesting system after it is installed; and

4. Plans for the proposed rainwater harvesting system, including specifications, design criteria, manufacturer's literature, a proposed schematic, a general layout of any underground water storage, formal plans for multiple service connection systems, the operation and maintenance manual required pursuant to 12VAC5-635-350, and other supporting information or data the local health department or commissioner may request.

C. If underground storage of harvested rainwater is proposed, a general layout shall be provided and shall include topography, elevations, contour lines, existing or proposed streets and all potential sources of contamination, bodies of water, ditches, buildings, springs, cisterns, and wells within 100 feet horizontally of the proposed storage units.

D. If the proposed rainwater harvesting system will provide Tier-4 end use water to multiple service connections, the applicant shall include a formal plan as follows:

1. The plan shall have a cover sheet with suitable title showing the name of the owner, date the plan was prepared, and the name of the licensed individual by or under whom the plans were prepared. The cover sheet and each subsequent page shall bear the same general title and each shall be numbered. Appropriate subtitles shall be included on individual sheets.

2. The plan shall be clear and legible and prepared to a scale that will permit necessary information to be plainly shown.

3. The plan shall consist of plan views, elevations, sections, and supplementary views that together with the specifications and general layouts provide the working information for the contract and construction of the proposed rainwater harvesting system, including dimensions and relative elevations of structures, the location and outline form of equipment, the location and size of piping, water levels, ground elevations, and erosion control abatement facilities.

4. The plan shall include the technical specifications for the construction of the rainwater harvesting system and all appurtenances. The specifications shall include all construction information not shown on the drawings, which is necessary to inform the builder in detail of the design requirements as to the quality of material workmanship and fabrication of the project; the type, size, strength, operating characteristics, and rating of equipment and materials used in the construction and operation of the rainwater harvesting system; allowable infiltration, machinery, valves, piping, and jointing of pipe, electrical apparatus, wiring, and meters; operating tools and construction materials; miscellaneous appurtenances; chemicals when used; and instructions for testing materials and equipment as necessary to meet design standards and operating test for the complete works and component units.

E. An application shall be deemed complete upon receipt by the local health department of a signed and dated application on the approved application form.

12VAC5-635-110. Issuance of a construction permit.

The commissioner shall issue construction permit to the owner no later than 60 days after receipt of a complete application if:

1. According to the information on the application form, the proposed rainwater harvesting system is compliant with this chapter and other applicable laws, ordinances, and regulations; and

2. The owner has obtained the easements pursuant to this chapter and attached the documentation of the easement to the application.

12VAC5-635-120. Denial of a construction permit.

If the commissioner determines that the proposed rainwater harvesting system is inadequate, does not comply with this chapter, or that the installation and operation of the system would create an actual or potential health hazard or nuisance, the commissioner shall deny the construction permit application and notify the owner in writing no later than 60 days after receipt of the complete application with the basis for the denial. The notification shall also state that the owner has the right to appeal the denial in accordance with 12VAC5-635-190.

12VAC5-635-130. Revision of approved plans.

A. The rainwater harvesting system designer with the consent of the owner may make certain design changes to a proposed rainwater harvesting system for which a valid construction permit has been issued without prior approval from the department if:

1. The design change does not change the design flow, the proposed filtration means and standard, the proposed disinfection means and standard, or the log reduction targets;

2. The changed design for the rainwater harvesting system complies with applicable statutes, codes, and regulations;

3. The designer provides the department with complete documentation, including a list of changes and revised specifications, calculations, and drawings as part of a revised design package; and

4. The designer and owner ensure that design changes are communicated to the installer of the rainwater harvesting system.

B. The commissioner may suspend or revoke a construction permit if a design change made to the proposed rainwater harvesting system does not comply with this chapter. If the commissioner revokes the construction permit, the owner must submit a new application before continuing with the installation of the rainwater harvesting system.

C. The commissioner shall review changes made to the rainwater harvesting system before issuing an operation permit pursuant to 12VAC5-635-170.

12VAC5-635-140. Installation inspection and correction.

A. Upon completion of the installation, alteration, or rehabilitation of a rainwater harvesting system intended for Tier 4 end use:

1. The owner or agent shall submit to the local health department a statement signed by the installer certifying that the rainwater harvesting system was installed, altered, or rehabilitated in accordance with the construction permit and that the rainwater harvesting system complies with applicable state and local regulations, ordinances, and laws;

B. If the designer observes deficiencies during the inspection, the designer shall note the deficiencies in the designer's inspection report and include with the report a plan of correction that includes the specific corrective actions that will be taken to bring the rainwater harvesting system into compliance with this chapter, the date on which the corrective actions are to be completed, and the date on which the designer will perform a follow-up inspection of the corrected rainwater harvesting system.

C. After the follow-up inspection, the designer shall submit a signed inspection report to the local health department stating whether the corrective actions have been taken and whether the rainwater harvesting system is at that time installed in compliance with the approved evaluation and design.

D. If the owner does not ensure completion of the corrective actions or the rainwater harvesting system is otherwise not able to operate in compliance with this chapter, the commissioner shall not issue an operation permit and may suspend or revoke the construction permit pursuant to 12VAC5-635-190.

12VAC5-635-150. Requirement for an easement.

A. If a rainwater harvesting system or a portion of the rainwater harvesting system is proposed to be installed on property other than the owner’s, the owner must obtain an easement in perpetuity of sufficient area to permit access to install, maintain, and operate the rainwater harvesting system components from the appropriate property owner and record the easement with the clerk of the circuit court before issuance of a construction permit.

B. The owner shall submit legal documentation of recordation of the easement or a signed statement that the easement will be recorded within 45 days to the appropriate local health department with the application for a construction permit.

C. If the owner does not obtain, properly record, and submit documentation of the easement, the owner may not install or operate the rainwater harvesting system on the property for which the easement was denied.

12VAC5-635-160. Land records.

A. Before the commissioner may issue an operation permit for a rainwater harvesting system for Tier 4 end use, the owner must:

2. Submit to the local health department legal documentation indicating that the instrument has been duly recorded in the land records.

B. The instrument recorded pursuant to this section shall be transferred with the title to the property upon the sale or other transfer of the property in which the rainwater harvesting system is located.

12VAC5-635-170. Issuance of operation permit.

A. No rainwater harvesting system intended for Tier 4 end use may be operated, except for the purposes of testing the system, until the commissioner has issued an operation permit to the owner.

B. If the owner has complied with the requirements of 12VAC5-635-140, 12VAC5-635-160, and this section, the commissioner shall issue to the owner a permit to operate the rainwater harvesting system intended for Tier 4 end use.

C. The issuance of an operation permit does not denote or imply a warranty or guarantee by the department that the rainwater harvesting system will function for any specified period of time. The owner shall maintain, repair, or replace a rainwater harvesting system that ceases to operate as defined in the operation permit and operation and maintenance manual.

12VAC5-635-180. Variances.

A. In accordance with § 32.1-12 of the Code of Virginia and this chapter, the commissioner may grant a variance to a requirement of this chapter. A variance is a conditional waiver of a specific requirement that is granted to a specific owner relating to a specific situation or facility and may be for a specified time period.

B. The commissioner may grant a variance if an investigation reveals that, in the opinion of the commissioner, a hardship imposed by a requirement within this chapter, including economic, outweighs the benefits that may be received by the public and that granting the a variance does not subject the public to unreasonable health risks or environmental pollution.

C. The owner shall submit a signed, written application for a variance to the appropriate local health department. The application shall include:

1. A citation to the section to which a variance is requested;

2. The nature and duration of the variance requested;

3. Any relevant analytical results including results of relevant tests conducted pursuant to the requirements of this chapter;

4. The specific hardship created by the requirement to which a variance is requested;

5. Statements or evidence that establishes that the public health or welfare and the environment would not be adversely affected if the variance were granted;

6. Suggested conditions that might be imposed on the granting of a variance that would limit the detrimental impact on the public health and welfare;

7. Other information believed pertinent by the applicant; and

8. Other information the local health department or commissioner may require.

D. In the evaluation of a variance application, the commissioner shall consider:

1. The effect that the variance would have on the construction, location, or operation of the rainwater harvesting system;

2. The cost and other economic considerations imposed by the requirement to which the variance is sought;

3. The effect that such a variance would have on protection of the public health or welfare and the environment;

4. Relevant analytical results including results of relevant tests conducted pursuant to the requirements of this chapter; and

5. Information or materials on the application for a variance submitted per this section.

E. The commissioner shall not recognize as a hardship the cost to correct an error created by a design change initiated by the owner or designer for which approval by the department was required pursuant to 12VAC5-635-130 but was not obtained.

F. If the commissioner proposes to deny a variance request submitted pursuant to this section, the commissioner shall notify the owner of the proposed denial within 60 calendar days of receipt of the variance request and provide an opportunity for an informal fact-finding conference as provided in § 2.2-4019 of the Code of Virginia. Following this opportunity for an informal fact-finding conference the commissioner may deny an application for a variance by sending a written denial notice to the owner that states the reasons for the denial.

G. If the commissioner proposes to grant a variance request submitted pursuant to this section, the commissioner shall notify the owner in writing of the decision within 60 calendar days of receipt of the variance request. The notice shall identify the requirement to which the variance is granted, the rainwater harvesting system covered, the period of time for which the variance will be effective, and the conditions imposed pursuant to issuing the variance.

H. The owner shall attach a physical copy of the variance to the permit.

I. Unless otherwise stated in the terms or conditions of the variance, the variance shall be transferred with the permit if the owner of a rainwater harvesting system sells or otherwise transfers ownership of the rainwater harvesting system to a new owner.

J. If a permit is revoked or suspended, variances attached to it shall also be revoked or suspended.

12VAC5-635-190. Enforcements, notices, informal conferences, appeals.

A. Rainwater harvesting systems shall be installed, operated, and maintained in compliance with the requirements as set forth in this chapter. The commissioner may enforce this chapter through the means lawfully available pursuant to Title 32.1 of the Code of Virginia, and nothing in this chapter shall be construed as preventing the commissioner from making efforts to obtain compliance through warning, conference, or other appropriate enforcement means.

B. The commissioner may deny a permit application or suspend or revoke a permit issued pursuant to this chapter if:

1. The permit holder fails to comply with this chapter, applicable law, or a condition imposed on the permit; or

2. The commissioner is made aware that:

a. The facts upon which the approval of a construction permit was based were knowingly and willfully misrepresented; or

b. The installation or operation of the proposed rainwater harvesting system could create a substantial or imminent public health or environmental hazard.

C. The commissioner shall notify the owner of a notice of suspension in writing via certified mail or via hand delivery. Immediately upon receipt of a notice of suspension, the owner shall cease operation of the rainwater harvesting system.

D. The owner of a permitted rainwater harvesting system shall ensure the continuity of water supply to persons who use the rainwater harvesting system's treated water for human consumption. If the owner demonstrates to the satisfaction of the commissioner that ceasing the operation of a permitted rainwater harvesting system would endanger the health of the persons who use the rainwater harvesting system's finished water, the commissioner may issue a variance to the requirement to cease operation pursuant to 12VAC5-635-180.

E. Within 10 days of receipt of a notice of denial of an application or suspension of a permit, the owner may request an informal conference in accordance with § 2.2-4019 of the Code of Virginia. The owner must file the request for an informal conference in writing with the local health department within the locality that the rainwater harvesting system is located. If a request for an informal conference is not filed within 10 working days, the denial or suspension is sustained.

F. Within 10 days of receipt of a notice of denial, suspension, or intent to revoke, the owner shall submit to the appropriate local health department a plan of correction that includes:

1. The specific corrective actions that will be taken to address the reasons for denial, suspension, or revocation and bring the rainwater harvesting system into compliance with this chapter and other applicable requirements;

2. The date on which the corrective actions are expected to be completed; and

3. If the rainwater harvesting system is in operation, an application for a construction permit for alteration, repair, or rehabilitation of the rainwater harvesting system pursuant to 12VAC5-635-100.

G. Within 10 days of the receipt of the plan of correction, the department shall:

1. Notify the owner in writing if any item is determined to be unacceptable; and

2. Act on an application for a construction permit to perform repairs pursuant to this section.

H. If the owner does not submit a plan of correction or request an informal conference within 10 working days, the department shall notify the owner in writing that the application for a permit is denied or that the permit is deemed suspended or revoked.

I. The department shall arrange for an informal conference to be held within seven working days of receipt of a request for an informal conference pursuant to this section.

J. The commissioner may end a suspension and reinstate a permit at any time if the conditions under which the permit was suspended have changed or no longer exist.

K. The owner must reapply for a permit in order to continue installing or operating a rainwater harvesting system for which the permit has been revoked.

L. A plan of correction implemented pursuant to this section shall be attached to the operation permit for the rainwater harvesting system.

Part III

Design and Installation

12VAC5-635-200. Cross connection abatement.

A. "Cross connection" means a physical connection or arrangement between two otherwise separate piping systems whereby there exists the possibility for flow from one system to the other, with the direction of flow depending on the pressure differential between the two systems.

B. No rainwater harvesting system may be installed, operated, or allowed on any premises where cross connection to a waterworks or a private well exists, unless the cross connections are abated or controlled by means including cross connection control and backflow prevention in accordance with the USBC. Where cross connection to a waterworks exists, the cross connection shall be abated or controlled to the satisfaction of the waterworks.

12VAC5-635-210. Backflow prevention.

A. "Backflow" means (i) the flow of water, other liquids, mixtures, or substances into the distribution system of a pure water system from one or more sources other than its intended source; or (ii) the reversal of the normal direction of flow.

B. A rainwater harvesting system shall be designed, installed, and maintained to prevent contamination of secondary water supplies by backflow. Backflow prevention shall be achieved by one or more of the following:

1. Backflow elimination methods, including air gap separation or physical disconnection;

2. Backflow prevention assemblies, including the reduced pressure principle, double check valve, and pressure vacuum breaker assemblies; or

3. If backflow prevention is not generally required to withstand continuous pressure over 12 hours or to control high hazards, a backflow prevention device, including atmospheric type vacuum breakers and dual check valve devices.

C. Backflow prevention assemblies and backflow prevention devices shall be suitable to the application and shall conform to the USBC.

12VAC5-635-220. Water storage unit location.

A. An underground water storage unit for a rainwater harvesting system shall be sited with appropriate consideration given to distance from potential contamination sources, vulnerability to known or suspected natural risks (e.g., flooding and sink holes), potential for interference with utilities, and safety.

B. If the rainwater harvesting system will include an underground installation of a water storage unit, the designer shall conduct a sanitary survey, including investigation of obvious sources of toxic or dangerous substances within 200 feet of the water storage unit. Sources of contamination may include items listed in Table 1. The minimum separation distance between an underground water storage unit and sources of contamination shall comply with the minimum distances shown in Table 1.

TABLE 1 Separation distance between underground water storage unit and potential source of contamination
Potential Source of Contamination	Separation Distance (feet)
Active or permitted septic tank, holding tank, pump tank, aerobic unit, house sewer line, sewer line, sewer main, sewerage system	50
Active or permitted drainfield, including reserve drainfield	50
Permanently abandoned onsite sewage disposal system	35
Petroleum storage tank, drum, tote, or other container (underground)	100
Petroleum storage tank, drum, tote, or other container (aboveground)	50

C. An aboveground water storage unit shall be installed on a sturdy and level foundation or platform with adequate drainage capable of bearing the weight of the unit at capacity. If multiple storage units are connected, compliant fittings must be used and installed in a manner that provides adequate flexibility to allow for unit settlement or movement.

D. A water storage unit and associated pipes and pipe fittings and appurtenances to be installed in locations subject to direct sunlight shall be constructed of materials stable under ultraviolet light exposure anticipated over the life of the system.

E. A water storage unit shall be supported and restrained to prevent lateral movement. Support and restraint devices may not be placed in a manner that will obstruct access for cleaning and maintenance.

F. A water storage unit subject to a shallow water table shall be ballasted or otherwise secured to prevent floatation or lateral movement. The unit shall be designed to withstand structural stresses of hydrostatic pressure and buoyancy. If partially buried, design shall include provision to withstand the weight of backfill.

G. A water storage unit subject to vehicular traffic shall be installed in accordance with manufacturer's installation instructions and the USBC.

H. A water storage unit shall have at least one access opening to allow inspection and cleaning of the unit interior. The access opening shall be located to facilitate pumping and servicing of inlets and outlets. The access opening shall be locked or otherwise secured to prevent unauthorized access and shall be located at a finished grade such that surface water ponding does not occur under annual precipitation extreme conditions.

I. A water storage unit shall be fitted with an overflow discharge system with the following requirements:

1. Overflow is not less than the capacity of the inlets;

2. Unit overflow pipes are protected from insects and vermin;

3. Piping associated with unit overflow discharge water away from the unit and in accordance with the USBC;

4. Discharge of unit overflow is directed to prevent hazardous conditions;

5. No shutoff valves are incorporated into discharge piping;

6. Cleanouts are provided on overflow piping in accordance with the USBC;

7. If connected to storm drainage systems, the storm drainage systems have a means to prevent backflow; and

8. Overflows are not directed to onsite sewage systems or sanitary sewers.

J. A water storage unit shall be fitted with a vent pipe having a minimum 38.1 mm diameter protected with 1.5 mm mesh to prevent the entry of vermin and particulates.

12VAC5-635-230. Materials and equipment.

A. Materials and equipment used in rainwater harvesting systems shall be labeled to demonstrate compliance with applicable NSF 61 and NSF P151 standards, as appropriate.

B. Collection surfaces shall comply with the following requirements:

1. Collection roofing are composed of non-toxic materials;

2. Paint used on surfaces used for collection of rainwater for potable purposes is labeled to be certified to NSF/ANSI/CAN Standard 61-2020 or P151 and applied per the manufacturer's installation instructions;

3. Lead-based, chromium-based, or zinc-based paints are not used;

4. Galvanized metal is not used;

5. Flat roof products are labeled as meeting NSF Protocol P151;

6. Equipment and appliances mounted on collection surfaces have a means of preventing the introduction of contaminants into the rainwater harvesting system;

7. Equipment and appliances containing toxic fluids or other potentially harmful substances are not installed on collection surfaces or in locations where a release of contained substances will flow by gravity to collection surfaces; and

8. Materials used for collection surfaces conform to end use tier criteria pursuant to Table 2.

TABLE 2. Collection Surface Materials
Roofing Material (including flashing)	Acceptable for End Use Tier
Asbestos cement	Not acceptable for any end use
Asphalt	1, 2, 3, 4
Asphalt felt and bituminous and tar membranes	1, 2, 3
Ceramic	1, 2, 3, 4
Clay	1, 2, 3, 4
Concrete	1, 2, 3, 4
Copper	1, 2, 3
Fiberglass	1, 2, 3, 4
Glass	1, 2, 3, 4
Polyethylene membrane	1, 2, 3, 4
Polymer and acrylic	1, 2, 3
Rubber/Butyl/EPDM membrane	1, 2, 3
Steel, coated	1, 2, 3, 4
Steel, stainless	1, 2, 3, 4
Tin	1, 2, 3, 4
Wood, untreated	1, 2, 3
Wood, treated	1, 2, 3
PVC	1, 2, 3, 4
TPO	1, 2, 3
Public pedestrian accessible roofs	1, 2, 3
Vegetated roofs	1, 2, 3
Pedestrian and parking surfaces (rooftop)	1, 2, 3

C. The conveyance system shall be protected to prevent the entrance of vermin. Inlets, debris excluders, filters, first-flush diverters, cleanouts, and conveyance system components requiring service shall be accessible. To convey captured rainwater, rainwater harvesting systems shall use drainage piping suitable for use with plumbing drainage or pressure systems. Conveyance system materials shall be labeled to demonstrate compliance with NSF/ANSI/CAN Standard 61-2020.

D. A cistern or water storage unit, liners, coatings, pipes, pipe fittings, and appurtenances shall be labeled to demonstrate compliance with the applicable requirements of NSF 61/ANSI/CAN Standard 61-2020 and NSF 372. The water storage unit shall be manufactured from previously unused materials, and no cistern or storage unit previously used to store anything other than water may be incorporated into a rainwater harvesting system. The water storage unit may be installed either above or below grade and provided a means for emptying and cleaning. If gravity drainage is not possible, a provision for pumping water from the unit shall be provided.

E. Water contained in an aboveground water storage unit shall be protected from direct sunlight through the use of opaque, ultraviolet-resistant materials or a sun barrier.

F. An underground water storage unit shall be installed in compliance with U.S. Occupational Safety and Health Administration Standard 1926 Subpart P and shall be provided with manhole risers a minimum of six inches above surrounding grade.

G. Pump and pump components shall be capable of delivering a minimum of 15 pounds per square inch in gauge residual pressure at the highest and most remote outlet served. Maximum pressure should not exceed 80 pounds per square inch in gauge.

H. Water piping, fittings, and related system components shall be appropriate for use in accordance with the USBC. Where plastic piping is exposed to sunlight, it shall be protected by a factory applied protective coating or painted with compatible latex paint.

12VAC5-635-240. Design and installation.

A. The rainwater harvesting system shall be designed, installed, operated, and maintained to prevent contamination of water supplies and distribution piping.

B. Rainwater harvesting system components shall be protected from external contamination and entry by insects and vermin.

C. The rainwater harvesting system shall be sited and designed to produce and store water under local site conditions that include:

1. Excessive heat;

2. Freezing;

3. Flooding; and

4. Sunlight exposure.

D. The owner shall control access to rainwater harvesting system components to minimize unauthorized access.

E. Gutters, downspouts, and conveyance systems leading to the water storage unit shall be fitted with a screen or debris excluder to prevent the accumulation of leaves, needles, or other debris into the water storage tank or cistern.

F. Vegetation above roofs and gutters shall be removed to reduce organic matter falling on and decomposing in rainwater collection surfaces and conveyances, and to reduce or remove locations for animals to introduce contaminants.

G Rainwater shall pass through a prefiltration system prior to entering the water storage unit or cistern. Appropriate prefiltration devices include a gutter screen, inline filters, and vortex filters to reduce organic matter, debris, and particulates from entering and accumulating in the bottom of the unit or cistern. Prefiltration devices without a self-cleaning design shall incorporate a corrosion resistant debris screen having openings no larger than 0.15 cm.

H. A first flush device shall be used to remove accumulated debris from the collection surface before rainwater is introduced to the water storage unit. First flush diverters shall:

1. Be placed after prefiltration;

2. Operate automatically and not rely on mechanically operated valves or devices;

3. Discharge diverted rainwater in a manner consistent with local stormwater runoff requirements so as not to cause damage to a property or erosion; and

4. Be readily accessible for maintenance.

I. Inlets and outlets on the water storage unit shall be installed and supported in accordance with the manufacturer's instructions. Water storage units, including units used in series, shall each be fitted as follows:

1. Rainwater inlets to a water storage unit shall be arranged to minimize turbulent flow by means of a calming device such as a return bend elbow pointed upward at least 10 cm above the bottom of the tank.

2. Outlets shall be positioned, and floating collared offtakes shall be used below the top water level in the unit to draw water from the cleanest strata of the unit.

3. Overflow outlets or flap valves shall be protected with a screen having openings no greater than 1.5 mm to prevent entrance of insects or vermin into the unit.

4. The vent shall be minimum 38.1 mm diameter and be protected with mesh having openings no greater than 1.5 mm to prevent entrance of vermin and particulates.

5. Rainwater outlets and pump suction shall be located at least 100 mm above the bottom of the unit. If a floating pump is used, it shall draw water from below the water surface.

6. Pipe penetrations through unit walls shall be watertight and shall comply with the USBC. Pipe penetrations shall not prevent access to the unit for inspection or cleaning.

J. A rainwater harvesting system shall be equipped with filtration systems conforming to the standards specified in 12VAC5-635-250 and 12VAC5-635-340 and shall:

1. Be installed in accordance with the USBC;

2. Be accessible for inspection and maintenance;

3. Provide indication when servicing or replacement is due; and

4. Incorporate shutoff valves immediately upstream and downstream to allow for isolation during maintenance.

K. A rainwater harvesting system shall be equipped with disinfection systems that:

1. Conform with the standards specified in 12VAC5-635-260 and 12VAC5-635-340; and

2. Are designed and installed in accordance with the manufacturer's instructions and the USBC.

L. A rainwater harvesting system for Tier 3 and Tier 4 end use shall be equipped with a fail-safe system for disinfection systems, with alerts and alarms as follows:

1. Alerts shall be provided for critical control points identified in the operation and maintenance manual to indicate when the rainwater harvesting system is operating outside design parameters but not causing a hazard to health or safety or damage to system components.

2. Alerts shall have a visible output and may have an audible output.

3. Alarms shall be provided for critical control points identified in the operation and maintenance manual to indicate when the rainwater harvesting system is operating outside the design parameters and potentially causing a hazard to health or safety or damage to system components.

4. Alarms shall have visible and audible outputs.

5. A remote alarm of an alert system using electronic communication shall be used to notify the operator that the system has failed or that failure is imminent.

M. Separation shall be maintained between potable and nonpotable distribution systems by means of color coded and labeled piping and cross connection control in accordance with the USBC.

N. Controls for rainwater harvesting systems supplying water for fire sprinkler systems or standpipes shall comply with the Virginia Statewide Fire Prevention Code Act (§ 27-94 et seq. of the Code of Virginia).

O. If a rainwater harvesting system is applied to any building, facility, or residence, it shall be so indicated as follows:

1. Fixtures not specifically treated for potable water use shall be labeled for nonpotable use in accordance with the USBC.

2. Fixtures not subject to the USBC and not specifically treated for potable water use shall be prominently labeled "CAUTION: NONPOTABLE WATER – DO NOT DRINK" and "ATTENCIÓN: AGUA NO-POTABLE – NO BEBER." Labels shall be indelibly printed on a tag or sign constructed of a corrosion resistant, waterproof material permanently mounted in a visible location. The letters of the labels and markings shall be at least 0.5 inches in height and shall be of a color that contrasts with the background on which they are printed. In addition to the required words, a pictograph consistent with the following shall appear in the tag or sign:

12VAC5-635-250. Filtration.

A. The owner shall ensure that harvested rainwater for Tier 2, Tier 3, and Tier 4 end uses is filtered.

B. Filtration is not required for Tier 2 end use water used outdoors.

C. If ultraviolet disinfection is used, particulate filtration systems shall be located downstream of the water storage tank and upstream of the ultraviolet system.

D. If ozone or chemical based disinfection is used, particulate filtration systems shall be installed downstream of the disinfection equipment. Filtration shall be installed as required for the disinfection system and in accordance with manufacturer's installation requirements.

E. Filters shall be sized to extend service time and shall be labeled to demonstrate compliance with NSF 42 for the reduction of taste or odor or shall be labeled to demonstrate compliance with NSF 53 for organic and cyst removal based on the end use tier.

12VAC5-635-260. Disinfection.

A. The owner shall ensure that harvested rainwater intended for Tier 2, 3, or 4 end use is disinfected and that water meeting the quality standards in 12VAC5-635-310 is delivered to the point of use.

B. The owner shall ensure that disinfection systems are designed and installed in accordance with the manufacturer's instructions and the USBC.

C. If a rainwater harvesting system requires a disinfection system pursuant to this section, the owner shall use one of the following acceptable methods:

1. An ultraviolet (UV) disinfection system that (i) treats water for distribution downstream of the water storage unit and upstream of the point of use; (ii) is sized based on the required dose, taking into consideration the design flow and minimum UV transmittance required to achieve the end use tier standard; and (iii) for Tier 4 end use, is labeled to be certified to Class A of NSF 55;

2. An ozone disinfection system that maintains adequate contact time based on end use tier and off-gasses to a safe environment; or

3. A chemical system that:

a. Has means to measure and control the disinfection and oxidation levels to achieve the performance requirements in 12VAC5-635-310;

b. Uses chemical feed pumps that are controlled to prevent operation unless there is flow through the system;

c. Is labeled to be certified to provide the required log reductions for protozoa and bacteria pursuant to NSF 53 or is labeled to be certified to provide the required log reductions for protozoa and bacteria pursuant NSF/ANSI 419-2018;

d. Uses chemicals that are labeled to demonstrate compliance with NSF/ANSI/CAN Standard 60-2020 if water is provided for Tier 4 end use; and

e. Maintains a chlorine residual of at least 0.5 mg/L and control disinfection byproducts if untreated harvested rainwater is stored at temperatures higher than 77°F and chlorine disinfection is used.

D. A rainwater harvesting system for end use in a single-family home shall only use ultraviolet or ozone disinfection methods.

E. The department may approve other disinfection methods on a case-by-case basis.

12VAC5-635-270. General certification.

A. Premanufactured treatment systems and equipment and materials used to assemble treatment systems that are not premanufactured shall be labeled to demonstrate that the systems, equipment, and materials comply with NSF standards, as follows:

1. NSF/ANSI 53-2020 for point-of-entry or point-of-use filtration systems;

2. NSF/ANSI 55-2020 for ultraviolet disinfection systems;

3. NSF/ANSI/CAN 60-2020 for water treatment chemicals;

4. NSF/ANSI/CAN 61-2020 for protective barrier materials, joining and sealing materials, mechanical devices, plumbing devices, pipes, hoses, pipe fittings, process media, and nonmetallic potable water materials; and

5. NSF/ANSI 350-2020 and NSF/ANSI/CAN 350.1-2017 for material, design, construction, and performance requirements for reuse water.

B. Harvested rainwater is not reuse water. However, NSF/ANSI 350-2020 and NSF/ANSI/CAN 350.1-2017 establish baseline standards suitable for equipment and materials used in the design, installation, and operation of rainwater harvesting systems.

C. A person providing design, installation, or inspection of rainwater harvesting systems shall be certified by the American Society of Sanitary Engineering (ASSE) as follows:

1. Rainwater Harvesting System Designers shall maintain ASSE 21120 Rainwater Catchment Systems Designer certification.

2. Rainwater Harvesting System Installers shall maintain ASSE 21110 Rainwater Catchment Systems Installer certification.

3. Rainwater Harvesting System Inspectors shall maintain ASSE 21130 Rainwater and Stormwater Catchment Systems Inspector certification.

12VAC5-635-280. Temporary removal from service.

If a rainwater harvesting system is seasonally or temporarily removed from service, the owner or operator shall:

1. Lock out or disable piping connected to a waterworks;

2. Secure water storage units from unauthorized access;

3. Divert inlet piping as necessary; and

4. Disconnect electrical power.

Part VI

Performance Requirements

12VAC5-635-290. Performance requirements; general.

A. The owner shall ensure that a rainwater harvesting system operates in compliance with the following performance requirements:

1. For a rainwater harvesting system designed to supply water for Tier 2, 3, or 4 end use, the owner or operator shall conduct treatment using a combination of filtration and disinfection technologies to the minimum standards described in 12VAC5-635-310.

2. If a rainwater harvesting system provides water for multiple end uses and treatment is not separated by end use, the highest treatment standard shall apply for all uses.

3. If a rainwater harvesting system provides water for multiple end uses and treatment is separated by end use, connection to distribution for each end use shall comply with the USBC.

4. The designer of water treatment systems shall consider the anticipated harvested rainwater characteristics and flow, including consideration of extremes of precipitation patterns. Excess precipitation not captured for storage shall be discharged as runoff. Insufficient precipitation that does not allow a rainwater harvesting system permitted for Tier 2, 3, or 4 end use to maintain sufficient storage shall be managed as described in 12VAC5-635-300.

5. The designer of a rainwater harvesting system shall allow for the prevention of potentially harmful precipitation, such as that which could incorporate particulates from fires, from being captured and contained in the system.

6. The designer of a rainwater harvesting system shall incorporate components of sufficient structural integrity to minimize the potential of physical harm to humans and animals.

B. The designer shall size the system in recognition of both the available collection area and number of users of the harvested rainwater. A rainwater harvesting system designed to supply water for Tier 4 end use for a residence shall be capable of providing 150 gallons per bedroom per day. If Tier 4 end use will not include residential use, the designer shall provide calculations supporting the anticipated demand.

12VAC5-635-300. Continuity of water supply.

A. "Continuity of water supply" means that a continuous supply of water can be provided to a distribution system supplied by a rainwater harvesting system in the event of insufficient precipitation or other circumstances affecting the supply of harvested rainwater.

B. If a rainwater harvesting system serves as a secondary supply for a distribution system and the primary supply is a waterworks, the rainwater harvesting system shall be an auxiliary water system pursuant to the requirements of the USBC and 12VAC5-590.

C. If a rainwater harvesting system serves as a primary supply for a distribution system for a Tier 2, 3, or 4 end use, the owner shall provide a secondary water supply by a waterworks, a Class III private well, or commercially hauled water meeting pure water standards.

D. The owner shall supply a secondary water supply from a waterworks or private well by a means to refill the water storage unit or a bypass that provides water directly to the distribution system.

E. The owner may only use commercially hauled water to refill a water storage unit prior to filtration and treatment.

F. When water from a secondary water supply is added to a water storage unit, the owner shall ensure that the water is introduced through a reverse pressure principle backflow device or an air gap pursuant to the USBC.

12VAC5-635-310. Water quality standards.

A. The owner shall perform initial water quality testing before the use of water from the rainwater harvesting system and subsequent water quality sampling and testing consistent with the schedule in 12VAC5-635-320 and in accordance with the operation and maintenance manual requirements of this chapter.

B. The owner shall:

1. Flush the system at least once with treated harvested rainwater before water quality testing and discharge the flush water as wastewater;

2. Collect samples for water quality testing from a point-of-use outlet intended for regular use, such as a kitchen sink;

3. Collect first draw samples of one liter for lead testing;

4. Ensure that water quality samples are analyzed by a laboratory certified by the Division of Consolidated Laboratory Services for drinking water samples; and

5. Ensure that the water is tested in accordance with the minimum performance criteria in Tables 3 and 4 and, at minimum, for total coliform or E. coli present, total nitrate and nitrite content, protozoan cysts, cryptosporidium, pH, and lead content.

TABLE 3 Minimum Performance Requirements
Application				Log Reduction Target
End Use Tier	Category	Potential for Human Contact	Example Use	Viruses	Bacteria	Protozoa	pH
1	Nonpotable	Low	Trap primers Spray irrigation (restricted access) Surface and subsurface irrigation Ice rinks	0*	0	0	na
2	Nonpotable	Medium	Toilet and urinal flushing Clothes washing HVAC evaporative cooling Rooftop thermal cooling	0*	2 log	2 log	na
3	Nonpotable	High	Hose bibs Pressure washing Decorative fountains Vehicle washing Spray irrigation (nonrestricted access) Firefighting or protection and fire suppression	0*	3 log	3 log	na
4	Potable	High	Human consumption	0*	6 log	6 log	7-10.5
* It is unlikely that human infectious viruses are present in harvested rainwater. However, if underground water storage tanks are used where there is a potential for sewage contamination or surface water infiltration, a 4-log reduction for viruses shall be required.

TABLE 4 Requirements for Tier 4 Potable Water
Design Standards
Filtration	5 µm
Disinfection	40 mi/cm² and labeled certified to Class A of NSF/ANSI 55
Water Quality Parameters
Turbidity	<0.3 NTU
Lead	<15 µg/L
Nitrates	<10 µg/L

C. Before the commissioner issues an operation permit for a rainwater harvesting system intended for Tier 4 use, the owner must document that the treated harvested rainwater has been tested and meets primary and secondary U.S. Environmental Protection Agency drinking water standards. If a primary drinking water standard is exceeded, the owner may provide additional treatment to address the exceedance and shall resample the treated harvest rainwater to ensure compliance with the primary drinking water standard.

D. The owner shall conduct water quality sampling and monitoring in accordance with the procedures approved under 40 CFR Part 136 or alternative methods approved by the department, unless other procedures have been specified in this chapter.

E. The designer shall identify the rainwater harvesting system's water quality sampling points, which shall be downstream of the treatment steps and upstream of the point of use. If total residual chlorine is used to measure compliance in a system using chlorine disinfection, the sampling point must be downstream of the chlorine contact tank. If ultraviolet (UV) disinfection is used, the owner may not use water samples collected upstream of UV disinfection units for dosage adjustment for the purposes of water quality testing pursuant to this section.

Part V

Operation and Maintenance Requirements

12VAC5-635-320. Operator requirements; frequency of inspection.

A. The owner of a rainwater harvesting system shall ensure that the rainwater harvesting system is inspected by an operator in accordance with Table 5.

TABLE 5 Minimum operator visit frequency for rainwater harvesting systems
End Use Tier	Initial Inspection	Regular Inspection Schedule
1	Prior to the system entering service	As needed
2, 3	Prior to the system entering service	Every 12 months while structure is occupied. If system only provides water for outdoor use, then as needed
4 (single service connection)	Condition of issuance of operation permit	Every 180 days while structure is occupied*
4 (multiple service connections)	Condition of issuance of operation permit	Every 90 days while any connection serves an occupied structure*
*If a structure is vacant longer than the regular inspection cycle in Table 5, an operator shall inspect the rainwater harvesting system prior to the structure becoming reoccupied.

B. The operator shall collect water quality samples from a rainwater harvesting system pursuant to 12VAC5-635-300 during the initial and regular inspections by the operator.

12VAC5-635-330. Operation and maintenance; operator's responsibility.

A. The operator of the rainwater harvesting system shall be certified as a designer, installer, or inspector pursuant to 12VAC5-635-270 C. Nothing in this chapter shall preclude the owner from being an operator if they are appropriately certified.

B. When the operator performs an inspection of the rainwater harvesting system, the operator shall perform the assessments required by this chapter through visual or other observations and through laboratory or other tests as required and may use additional observation methods or tests that the operator deems appropriate.

C. The operator shall maintain a written operational record for each rainwater harvesting system for which the operator is responsible that contains, at minimum, the following items:

1. Results of testing and sampling;

2. Information regarding reportable incidents, including the corrective action required and taken;

3. Maintenance, corrective actions, and repair activities that are performed for purposes other than a reportable incident; and

4. Recommendations for repair and replacement of system components.

D. If the owner of a rainwater harvesting system is not the operator, the operator shall provide an updated copy of the written operational record to the owner each time it is updated and shall document the dates the copies are given to the owner in the written operational record. The operator shall also make an accurate, up-to-date copy of the written operational record available to the department upon request.

E. When performing activities pursuant to an inspection required by this chapter, the operator is responsible for the entire rainwater harvesting system, including treatment components, collection area components, and associated piping.

F. The operator shall follow the procedures and instructions provided in the approved operation and maintenance manual for the rainwater harvesting system.

12VAC5-635-340. Operation and maintenance; owner's responsibilities.

The owner shall:

1. Ensure the rainwater harvesting system is operated and maintained by a qualified operator;

2. Ensure that the operator performs the required duties;

3. Maintain a copy of the written operational record provided by the operator on the property where the rainwater harvesting system is located, make the written operational record available to the department upon request, and make a reasonable effort to transfer the written operational record to the subsequent owner;

4. Follow the approved operation and maintenance manual and keep a copy of the operation and maintenance manual for the rainwater harvesting system on the property where the system is located, make the operation and maintenance manual available to the department upon request, and make a reasonable effort to transfer the operation and maintenance manual to the subsequent owner;

5. Comply with applicable rainwater harvesting system requirements contained in this chapter; and

6. If applicable, inform users of the system of reportable incidents.

12VAC5-635-350. Operation and maintenance manual.

A. The owner and operator shall maintain and operate a rainwater harvesting system in accordance with the approved operation and maintenance manual.

B. The manual shall be easily understandable to the owner and operator and include, at minimum, the following items:

1. Basic identifying information for the rainwater harvesting system, including the location and intended end use;

2. Basic information regarding the rainwater harvesting system design, including treatment unit capacity, a list of components in the system, a schematic of the system, sampling locations, and contact information for replacement parts for each unit;

3. A list of control functions and how to use them;

4. Operation, maintenance, sampling, inspection, and reporting schedules for the rainwater harvesting system;

5. The design limits of the rainwater harvesting system design and how to operate the system within those design limits;

6. Technical information, including:

a. Catchment area dimensions;

b. Roofing materials and sealants;

c. Vertical conveyance materials;

d. Water storage unit information including volume, size dimensions, whether the unit is covered or uncovered, whether the unit is above or below ground, construction materials, and location;

e. Prefiltration information, including type of prefiltration used, quantity, filtration particle size, and location;

f. Pump system information including the brand, make, model, capacity and heads, and horsepower;

g. Disinfection system information, including the brand, make, model, parts numbers, date of manufacture, and date of installation for each component;

h. Additional manufacturer's instructions, such as schematics and diagrams provided with components of the rainwater harvesting system; and

i. Water quality verification procedures, frequency, parameters, sampling locations, records policies and procedures, and a sample written operational record entry form;

7. Inspection and maintenance procedures, to include (i) the procedures for inspecting and cleaning water storage tanks and piping and (ii) periodic cross connection inspection; and

8. Other information deemed necessary or appropriate by the designer.

C. The operation and maintenance manual for a rainwater harvesting system intended for Tier 4 end use shall also contain the following:

1. A list of water quality monitoring requirements, including sample locations, tests to be performed, testing methods, and the applicable water quality standard;

2. Provisions for the determination of temporary or emergency alternate water supply, the conditions under which an alternate water supply is required, the procedures for ensuring continuity of water supply, when bottled water should be used, and the conditions that require boil water practices for cooking and drinking;

3. Criteria for ensuring the continuity of water supply, to include (i) a low capacity alarm for water storage; (ii) bypass protocol, including backflow and cross connection prevention; and (iii) applicable reporting criteria;

4. Provisions for documenting the easement and land records requirements of this chapter; and

5. Identification of what incidents qualify as a reportable incident and the appropriate response, including:

a. An alarm event lasting more than 24 hours;

b. An alarm event that reoccurs following corrective action;

c. Failure to achieve one or more performance requirements;

d. Failure to achieve one or more quality standards;

e. Replacement of a major component of the system, including electric and electronic components; and

f. Actual or suspected contamination.

D. If the operation and maintenance manual includes requirements for operation, maintenance, sampling, or inspection schedules that exceed the minimum requirements of this chapter, the designer shall determine the additional requirements based on the proposed end use of the harvested rainwater, design flow and unit treatment processes of the rainwater harvesting system, and other factors.

E. The operation and maintenance manual shall include regional, local, and site-specific water concerns.

12VAC5-635-360. Inspection requirements.

A. During an inspection, the operator shall review and evaluate the operation of the rainwater harvesting system, perform routine maintenance, make adjustments, and replace worn or dysfunctional components with functionally equivalent parts such that the system can reasonably be expected to return to normal operation.

B. If a rainwater harvesting system permitted for Tier 4 end use is not functioning as designed or in accordance with the performance requirements of this chapter and, in the operator's professional judgment, cannot be reasonably expected to return to normal operation through routine operation and maintenance, the operator shall report immediately to the owner the remediation efforts necessary to return the rainwater harvesting system to normal operation, including recommendation for temporary or emergency alternate water supply, if the system does not provide water acceptable for human consumption.

12VAC5-635-370. Inspection reports.

A. For an inspection conducted for a rainwater harvesting system intended for Tier 2 or 3 end use, the operator shall document the observations and findings of the inspection and provide documentation to the department if requested by the department.

B. For an inspection conducted for a rainwater harvesting system permitted for Tier 4 end use, the operator shall file an inspection report, on a form approved by the department, with the local health department in the locality where the rainwater harvesting system is located. The report shall be filed no later than 45 calendar days following the date on which the inspection occurred and shall include the following minimum elements:

1. The name and certification number of the operator;

2. The date and time of the inspection;

3. The purpose of the inspection, such as required inspection, follow-up, or reportable incident;

4. A summary stating:

a. Whether the rainwater harvesting system is functioning as designed and in accordance with the performance requirements of this chapter;

b. Whether the operator believes the rainwater harvesting system will return to normal operation after providing maintenance; or

c. If the rainwater harvesting system is not functioning as designed or in accordance with the performance requirements of this chapter, (i) the actions required to return the rainwater harvesting system to normal operation, including provisions for a temporary alternate water supply, if applicable; and (ii) that the owner has been advised that failure to take action to return the system to normal operation represents a risk to public health and may subject the owner to enforcement action from the department;

5. Maintenance performed or adjustments made, including parts replaced;

6. The results of field measurements, water quality sampling, and observations;

7. The name of the laboratory that analyzed samples; and

8. A statement certifying the date the operator provided a written copy of the report to the owner.

C. If actions are required by the owner to return the rainwater harvesting system to normal operation or provide a temporary alternate water supply or the operator has identified that failure to repair the rainwater harvesting system may result in a hazard to public health or the environment, the operator shall file the report summary with the local health department within 24 hours of the inspection.

NOTICE: The following forms used in administering the regulation have been filed by the agency. Amended or added forms are reflected in the listing and are published following the listing. Online users of this issue of the Virginia Register of Regulations may also click on the name to access a form. The forms are also available from the agency contact or may be viewed at the Office of Registrar of Regulations, 201 North Ninth Street, 4th Floor, Richmond, Virginia 23219.

FORMS (12VAC5-635)

Commonwealth of Virginia Application for Tier 4 End Use Rainwater Harvesting System (eff. 4/2022)

Commonwealth of Virginia Inspection Report: Tier 4 End Use Rainwater Harvesting System (eff. 4/2022)

Registration for Rainwater Harvesting System: Tier 1, 2, or 3 End Use (eff. 4/2022)

VA.R. Doc. No. R21-6687; Filed September 19, 2023

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REGULATIONSVol. 40 Iss. 4 - October 09, 2023

REGULATIONS
Vol. 40 Iss. 4 - October 09, 2023