Vol. 37 Iss. 14 - March 01, 2021

Chapter 635
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider promulgating 12VAC5-635, Rainwater Harvesting Systems Regulations. The purpose of the proposed action is to implement Chapter 817 of the 2018 Acts of Assembly, which requires the State Board of Health to adopt regulations regarding the use of gray water and rainwater. The proposed amendments regarding rainwater include (i) describing the conditions under which rainwater may be appropriately be used and for what purposes and (ii) providing standards for the use of rainwater harvesting systems. Rainwater harvesting systems include systems that collect rainwater for use by commercial enterprises but do not provide water for human consumption as that term is defined in § 32.1-67 of the Code of Virginia. Regulations pertaining to gray water will be addressed in a revision of 12VAC5-610, Sewage Handling and Disposal Regulations.

The agency does not intend to hold a public hearing following the publication of the proposed stage in the Virginia Register.

Statutory Authority: §§ 32.12 and 32.1-248.2 of the Code of Virginia.

Public Comment Deadline: March 31, 2021.

Agency Contact: Julie Henderson, Director of 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

VA.R. Doc. No. R21-6687; Filed February 01, 2021