Section 50. Application of regulations to waterworks and water supplies in operation or planned prior to the effective date of the regulations

Waterworks and water supplies which were in operation prior to the effective date of the regulations may continue operation if they comply with the operational regulations set forth in Part II. Operation permits, which will be in addition to all permits previously received, will be issued to such waterworks as soon as practicable after the effective date of these regulations.

A. Waterworks and water supplies unable to comply with Part II of this chapter may be issued the appropriate variances and/or exemptions in conjunction with the operation permit to allow continued operation during the period of adjustment. Any variances and/or exemptions will be issued in accordance with the procedures contained in Article 3 of Part I of this chapter.

B. Compliance with design criteria set forth in Parts III and IV is necessary for waterworks modification and construction commenced after the effective date of these revised regulations. Waterworks construction or modification is deemed to be commenced for purposes of this section upon receipt of final plans and specifications by the field office.

C. Compliance with the requirements set forth in Parts III and IV for materials, construction methods, disinfection, etc., is necessary for all repairs to pipes, tanks, pumps, and appurtenances which are part of a waterworks.

D. Volatile Synthetic Organic Chemicals (VOCs) and Unregulated Contaminants (UCs) Regulations are effective immediately for those community and NTNC waterworks which serve more than 10,000 persons. The VOC and UC regulations are effective immediately for community and NTNC waterworks serving 3,300 to 10,000 persons. The VOC and UC regulations become effective on January 1, 1991, for community and NTNC waterworks serving less than 3,300 persons. (See Table 2.7.)

E. The Lead and Copper Regulations establish a treatment technique that includes requirements for corrosion control treatment, water supply (source water) treatment, lead service line replacement, and public education. These requirements are triggered, in some cases, by lead and copper action levels measured in samples collected at consumers' taps. Unless otherwise indicated, each of the provisions of 12VAC5-590-375, 12VAC5-590-405, 12VAC5-590-530 F and 12VAC5-590-550 D applies to community waterworks and nontransient noncommunity waterworks. The requirements set forth in 12VAC5-590-375, 12VAC5-590-530 D and 12VAC5-590-550 D shall take effect on July 7, 1991.

Historical Notes

Derived from VR355-18-002.04 § 1.6, eff. August 1, 1991; amended, Volume 12, Issue 02, eff. November 15, 1995; Volume 27, Issue 01, eff. October 13, 2010.

Statutory Authority

§ 32.1-12 and 32.1-170 of the Code of Virginia.