32.1-172 - Permit required.
§ 32.1-172. Permit required.
A. No owner shall establish, construct or operate any waterworks or watersupply in the Commonwealth without a written permit from the Commissioner,except for the extension of water distribution piping having a diameter ofeight inches or less and serving less than fifteen equivalent residentialconnections.
B. The application for such a permit shall comply with regulations of theBoard and shall be accompanied by a certified copy of the maps, plans andspecifications for the construction of such waterworks, a description of thesource or sources from which it is proposed to derive the water supply andthe manner of storage, purification or treatment proposed for the watersupply prior to its delivery to consumers.
The application also shall include a comprehensive business plan detailingthe technical, managerial, and financial commitments to be made by the ownerin order to assure that system performance requirements for providing thewater supply will be met over the long term. The Board, in consultation withthe State Corporation Commission, shall establish the criteria to be used bythe applicant in the development of a business plan.
In addition, the Board may require the submission of a business plan by thoseexisting waterworks that have demonstrated significant noncompliance with thewaterworks regulations. The Board may waive the requirement for submission ofa comprehensive business plan for applicants who have demonstrated a historyof acceptable compliance with waterworks regulations.
If any applicant so requests, the Board shall not disclose the contents ofthe comprehensive business plan except as necessary to perform its duties.
C. The permit may state the permitted capacity of the waterworks, thepermitted source or sources of the water supply, the permitted manner ofstorage, purification and treatment for the water supply and such otherconditions as the Commissioner may deem necessary to afford a supply of purewater.
D. Except as may be provided by regulation of the Board, no other source ofwater supply shall subsequently be used for any such waterworks, nor shallany change in the manner of storage, purification and treatment of the watersupply be made without obtaining an additional or amended permit.
E. Whenever application shall be made to the Commissioner for a permit, heshall examine the application and, as soon as practicable thereafter, shallissue the permit if, in his judgment, the proposed waterworks will furnishpure water. If the proposed waterworks is not in compliance with allregulations of the Board but, in the opinion of the Commissioner, the publichealth will not be jeopardized, the Commissioner may issue a temporary permitfor such period of time and subject to such conditions as the Commissionermay deem appropriate for the owner to achieve compliance with suchregulations.
F. No permit shall be assigned or transferred.
(Code 1950, §§ 62.1-50, 62.1-56; 1964, c. 475; 1968, c. 659; 1979, c. 711;1994, cc. 395, 708.)