Vol. 31 Iss. 1 - September 08, 2014

Chapter 600
Final Regulation

REGISTRAR'S NOTICE: The State Health Commissioner is claiming an exclusion from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The State Health Commissioner will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 12VAC5-600. Waterworks Operation Fee (amending 12VAC5-600-10).

Statutory Authority: §§ 32.1-12 and 32.1-170 of the Code of Virginia.

Effective Date: October 10, 2014.

Agency Contact: Robert Payne, Legal Affairs Division Officer, Office of Drinking Water, Department of Health, 109 Governor Street, Richmond, VA, telephone (804) 864-7498, FAX (804) 864-7521, or email


To conform to changes in the Code of Virginia enacted by Chapter 333 of the 2014 Acts of Assembly, the amendments revise the definition of "waterworks."

12VAC5-600-10. Definitions.

As used in this chapter, unless otherwise defined, words and terms are the same as those in § 32.1-167 of the Code of Virginia or in 12VAC5-590-10 (Waterworks Regulations) and shall have the following meaning, meanings unless the context clearly indicates otherwise:

"Board" means the State Board of Health.

"Commissioner" means the State Health Commissioner who is the executive officer of the State Board of Health.

"Community waterworks" means a waterworks that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

"Customer account" means (i) a metered or unmetered potable water service connection to the customer which that is billed in any way by the waterworks owner; or (ii) where any community waterworks sends no billing, the customer accounts shall be defined as equal to the population served divided by four.

"Department" means the Virginia Department of Health.

"Due" means received or postmarked by the stated date.

"Fiscal year" means the year from July 1 to June 30.

"Nontransient noncommunity (NTNC) waterworks" or "NTNC" means a waterworks that is not a community waterworks and that regularly serves at least 25 of the same persons over six months out of the year.

"Owner" means an individual, group of individuals, partnership, firm, association, institution, corporation, governmental entity, or the federal government, which that supplies or proposes to supply water to any person within this Commonwealth from or by means of any waterworks.

"Service connection" means the point of delivery of water to a customer's building service line as follows:

1. If a meter is installed, the service connection is the downstream side of the meter;

2. If a meter is not installed, the service connection is the point of connection to the waterworks; or

3. When the waterworks owner is also the building owner, the service connection is the entry point to the building.

"Waterworks" means a system that serves piped water for drinking or domestic use human consumption to (i) the public, (ii) at least 15 service connections, or (iii) an average of 25 or more individuals for at least 60 days out of the year. The term "waterworks" shall include "Waterworks" includes all structures, equipment and appurtenances used in the storage, collection, purification, treatment and distribution of pure water except the piping and fixtures inside the building where such water is delivered.

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (12VAC5-600)

Waterworks Operation Fee - Invoice/Data Verification Notice - less than $400 (rev. 7/12).

Waterworks Operation Fee - Invoice/Data Verification Notice - $400 or more (rev. 7/12).

Waterworks Operation Fee - Invoice/Data Verification Notice - less than $400 (rev. 8/14)

Waterworks Operation Fee - Invoice/Data Verification Notice - $400 or more (rev. 8/14)

VA.R. Doc. No. R15-4064; Filed August 19, 2014, 9:13 a.m.