Chapter 130, SANITARY DISTRICTS

[HISTORY: Adopted by the Board of Supervisors of Shenandoah County as indicated in Part histories. Amendments noted where applicable.]

GENERAL REFERENCES
Building construction -- See Ch. 71.
Water and sewage disposal -- See Ch. 161.
Fees -- See Ch. A170

Part 2, Toms Brook-Maurertown Sanitary District [Adopted 12-10-2002 by Ord. No. 02-16; amended in its entirety 5-23-2006 by Ord. No. 2006-7]

ARTICLE VI, General Provisions

§ 130-70. Compliance with Building Code and other standards.

All water pipes, sewer pipes, fixtures, and other apparatus shall comply with all applicable building codes.

§ 130-71. Definitions.

As used in this Part 2, the following terms shall have the meanings indicated:

BOARD OF SUPERVISORS -- The Shenandoah County Board of Supervisors.

BUILDING -- Any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals, or chattels.

BUILDING, ACCESSORY -- A subordinate structure customarily incidental to and located upon the same lot occupied by the main structure which is not a dwelling unit and which structure encloses less than 500 square feet.

BUILDING, MAIN -- The principal structure or one of the principal buildings on a lot, or the building or one of the principal buildings housing the principal use on the lot.

CONNECTION/DISCONNECTION -- Any activity, including but not limited to physically connecting or disconnecting a building's sewer or water line to District facilities, the shutting and opening of valves or plugging of lines in order to cut off water or sewage service and the discontinuance of service until future action is taken by the District.

DIRECTOR OF PUBLIC UTILITIES -- The employee/administrative head of the District, who shall be appointed from time to time by the Board of Supervisors or his authorized deputy, agent or representative.

DISTRICT -- Dwelling The Stoney Creek Sanitary District.

DWELLING -- Any structure which is designated for use for residential purposes, except hotels, boardinghouses, lodging houses, nursing homes and hospitals.

DWELLING, MULTIFAMILY -- A structure arranged or designed to be occupied by more than one family.

DWELLING, SINGLE-FAMILY -- A structure arranged or designed to be occupied by one family, the structure having only one dwelling unit.

DWELLING, TWO-FAMILY -- A structure arranged or designed to be occupied by two families, the structure having only two dwelling units.

DWELLING UNIT -- One or more rooms in a dwelling designated for living or sleeping purposes and having at least one kitchen or facilities for in-home preparation of meals.

EQUIVALENT RESIDENTIAL CONNECTION (ERC) -- A volume of water used equal to a residential connection which is 250 gallons per day unless supportive data indicates otherwise.

FAMILY -- One of the following:

A. One person living alone;

B. Two or more people who are related by blood, marriage or adoption and comprise a single housekeeping unit; or

C. Two or more people who comprise a single housekeeping unit, have a joint right to occupy the premises, and are legally domiciled at the premises, together with their legal dependents.

FRONT -- An open space on the same lot as a building between the front line of the building (excluding steps) and the front lot or street line, and extending across the full width of the lot.

LATE PAYMENT -- Any payment received after 4:30 p.m. on the day that such payment is due.

LATERAL LINE -- A line serving one or more specific units and running laterally from its connection with a service line, regardless of distance.

MANUFACTURE and/or MANUFACTURING -- The process and/or converting of raw, unfinished materials or products, or either of them, into articles or substances of different character, or for use for a different purpose.

MASTER METER -- An apparatus used by the District in order to measure water and/or sewer amounts that measures usage by multiple units.

METER -- An apparatus used by the District in order to measure water and/or sewer amounts.

PERSON -- Any natural person, firm, corporation, association or other entity.

RULES -- Rules and regulations promulgated under this Part 2 of Chapter 130 the Shenandoah County Code.

SERVICE LINE -- A line owned by the District and connected with a source of water designed to serve more than one unit or structure.

STRUCTURE -- Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. This includes, among other things, dwellings, buildings, signs. etc.

§ 130-72. Violations and penalties.

Any person who violates any provision of these rules shall pay all costs incurred by the District as a result of such violation, including but not limited to costs of employee time, materials, third-party costs, including contractor, consultant, and attorney's fees, fines, repair of damage, injury to personnel, and any and all other costs of any kind or type caused by the violation. Further, the District in its discretion may permanently or temporarily disconnect any customer from the District's facilities and impose additional charges as a result of any violation of these rules. Termination of service due to nonpayment of fees shall be addressed as set forth in § 130-123.

ARTICLE VII, Water

§ 130-73. Water connections to be made by District.

A. The District shall be responsible for:

(1) Connecting water pipes to the District water system, at the District's discretion;

(2) Extending service lines from the water system to a point selected by the District at the District's discretion; and

(3) Installing water meters and meter boxes at the District's discretion.

B. Nothing contained herein shall be construed to obligate the District to pay any of the costs of such connections, extensions or installations.

§ 130-74. Alteration of connections.

No person shall make any alteration of or addition to a connection to the District water system without first obtaining the written permission of the District.

§ 130-75. Opening of water valve.

The District will open the valve to allow water on a lot when requested by the occupant, contractor, or developer, or will permit the opening of such water valve by persons specified by the District, provided that all required fees have been paid and all regulations have been complied with. Except for licensed plumbers, who may turn on water valves for testing purposes, no other person may turn on valves to allow water onto a lot. Any person who violates this section shall pay a service lock fee as set from time to time by the District. Any person who violates this provision after service has been disconnected by the District and after notice of such disconnection has been given shall be guilty of a Class One misdemeanor. Any person who violates this provision with the intent to obtain for himself or another water service without payment of the lawful charges therefor shall be guilty of a Class One misdemeanor. Code of Virginia § 18.2-187.1.

§ 130-76. Service inside of property lines.

District employees will do no work inside of property lines except for the installation of a water meter where the District has authorized its installation within the landowner's property lines.

§ 130-77. Fire hydrants.

Members of fire departments, in the course of their official duties, may use and manipulate fire hydrants. Otherwise, no one may use or manipulate fire hydrants located within the District unless authorized to do so by the Director of Public Utilities or an official of the fire department.

§ 130-78. Water to be metered.

Wherever deemed practicable by the District, all water furnished by the District shall be measured by meters furnished and installed by the District. The water meters shall be the property of the District. Residents shall take all necessary precautions to insure that meters located within buildings do not freeze, melt or suffer damage.

§ 130-79. Tampering with facilities.

No person, except a duly authorized official of the District, or another person authorized by these rules, may remove, injure, or tamper with any part of the District's facilities.

ARTICLE VIII, Sewer

§ 130-80. Definitions applicable to sewer service.

Unless the context specifically indicates otherwise, the meaning of terms in this chapter shall be as follows:

BOD -- Denoting "biochemical oxygen demand," shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.

BUILDING DRAIN -- That part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

BUILDING SEWER -- The extension from the building drain to the public sewer or other place of disposal.

COMBINED SEWER -- A sewer receiving both surface runoff and sewage.

FEDERAL CATEGORICAL PRETREATMENT STANDARDS -- Any regulation containing pollutant discharge limits promulgated by the U.S. Environmental Protection Agency with § 307(b) and (c) of the Clean Water Act (33 U.S.C. 1251 et seq.).

GARBAGE -- Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.

INDUSTRIAL WASTES -- The liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

NATURAL OUTLET -- Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

pH -- The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

PROPERLY SHREDDED GARBAGE -- The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.

SEWAGE -- A combination of the water-carried wastes from residences, business buildings, institutions and industrial and manufacturing establishments, together with such ground- , surface, and storm waters as may be present.

SEWAGE TREATMENT PLANT -- Any arrangement of devices and structures used for treating sewage.

SEWAGE WORKS -- All facilities for collecting, pumping, treating, and disposing of sewage.

SEWER PIPE -- A pipe or conduit for carrying sewage.

SHALL -- Is mandatory, "may" is permissive.

SIGNIFICANT INDUSTRIAL USER -- Any industrial user which:

A. Has an average discharge flow of 25,000 gallons or more per day of industrial wastes; or

B. Has a flow greater than 5% of the flow into the District's wastewater treatment system; or

C. Has in its wastes toxic pollutants as defined by the Clean Water Act or by state statutes and rules; or

D. Is subject to Federal Categorical Pretreatment Standards; or

E. Is found by the District to have significant impact, either singly or in combination with other contributing industries, on the District's sewer system, the quality of sludge, the system's effluent quality or air emissions generated by the system.

SLUG -- Any discharge of a nonroutine episodic nature, including but not limited to an accidental spill or a noncustomer batch discharge.

STORM DRAIN -- Sometimes termed "storm sewer," shall mean a sewer which carries storm- and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

SUSPENDED SOLIDS -- Solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering.

WATERCOURSE -- A channel in which a flow of water occurs, either continuously or intermittently.

§ 130-81. Depositing waste.

No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the District, or in any area under the jurisdiction of the District, any human excrement, garbage, or other objectionable waste.

§ 130-82. Prohibition of discharge to certain outlets.

No person shall discharge to any natural outlet within the District, or in any area under the jurisdiction of the District, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of these rules and regulations.

§ 130-83. Connection to system required.

All owners or tenants of property located within the District are required to connect to and use the District's water and/or sewerage systems and to satisfy all of their potable water and/or sewage disposal needs by connecting to and using the District's water and/or sewerage systems, provided the District determines that it is economically feasible to furnish sewage and water service to the property. At the sole discretion of the Director of Public Utilities, customers may be allowed to continue to use existing wells and/or private septic systems and be permitted not to connect to the system. Each owner or tenant of property required to connect to and use the District's water and/or sewerage systems shall disconnect and discontinue the use of any other source of water supply and/or any other method for the disposal of sewage. All such connections shall be made in accordance with the rules and regulations which shall be adopted from time to time by the District.

§ 130-84. Penalty for failure to connect or use systems.

Each owner or tenant failing or refusing to connect to or use the systems as provided above in this article shall be fined $50 for each such failure or refusal to connect to or use the systems. Each day of failure shall constitute a separate offense.

§ 130-85. Unauthorized persons not to connect.

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the District. The District shall determine the point on the individual property boundary at which sewer service is to be provided.

§ 130-86. Connection applications.

Prior to connecting to the District's facilities, the owner or his agent shall make application on a form furnished by the District. The application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the District.

§ 130-87. Application for significant industrial user.

A. The building sewer permit application for a significant industrial user shall include the following information:

(1) Name, address of the applicant and the location of the discharge if different from such address;

(2) Expected wastewater constituents and characteristics;

(3) Expected time and duration of contribution;

(4) Expected average daily and thirty-minute peak wastewater flow rates, including daily, monthly, and seasonal variations, if any;

(5) Site plans, showing all sewers and sewer connections by size, location and elevation and any pretreatment facilities;

(6) Description of pretreatment facilities and processes on the premises;

(7) When known, the nature and concentration of any expected pollutants in the discharge which are limited by any local, state or federal pretreatment standards;

(8) A list of products produced;

(9) Type of raw materials processed;

(10) Any other information as may be deemed by the Director of Public Utilities to be necessary to evaluate the permit application.

B. Permits for significant industrial users shall be issued for a five-year period. The user shall apply for permit reissuance at least 180 days prior to the expiration of the user's existing permit. The terms and conditions of the new permit may be subject to modification. The user shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

§ 130-88. Appliation forms; term of permit.

The District shall provide application forms for applicants that are not significant industrial users. Applicants must provide all of the information which is set forth in the form, and any other information which the District requires. Such permits shall be issued for a period to be determined by the District.

§ 130-89. Sewer connection fee.

Before any person shall be allowed to connect to the District's sewer system, he shall pay a connection fee as established by the District from time to time.

§ 130-90. Sewers must be provided for all buildings.

A separate and independent building sewer shall be provided for every building. However, where one building stands at the rear of another on an interior lot and no private sewer is available or can reasonably be constructed to the rear building through an adjoining alley, courtyard, or driveway, the building sewer from the front building may be extended to the rear building.

§ 130-91. Use of old building sewers.

Old building sewers may be used in connection with new buildings only when they are found, on examination and/or testing by the District, to meet all requirements of these rules and local, state and federal law.

§ 130-92. Size, slope, etc. of sewer.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavation, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations.

§ 130-93. Elevation of sewer.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the District's sewer, sewage carried by such building drain shall be lifted by an approved means and discharged to the District's sewer.

§ 130-94. Prohibition against connection of roof downspouts.

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to the District's sewer.

§ 130-95. Connection must comply with building and plumbing code.

The connection of the building sewer into the District's sewer shall conform to the requirements of the building and/or plumbing code and/or other applicable rules and regulations applicable on the date of such connection. The owner shall install a box and cleanout at the property line. All such connections shall be made gastight and watertight.

§ 130-96. Notification to district when sewer is ready for inspection.

The applicant for the building sewer permit shall notify the District when the building sewer is ready for inspection and connection to the District's sewer. The District may require that such connection be made under its supervision.

§ 130-97. Protection of sewer installation.

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the District.

§ 130-98. Maintenance and repair responsibility of owner.

The maintenance and repair of building sewers shall be solely the responsibility of property owners or occupants. In the event that any line which is not the maintenance responsibility of the District is inspected and found to be defective, the District shall notify the customer (or the owner of the property if the customer is a tenant) to repair the line. If the required repairs are not made within 30 days, the District may either correct the problem and bill the customer or owner for the repairs or discontinue service.

§ 130-99. Prohibition against discharge of stormwater into sewers.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any of the District's sewers.

§ 130-100. Discharge of certain wastes into district sewer prohibited.

No person shall discharge or cause to be discharged any of the following described waters or wastes to any District sewer:

A. Any gasoline, benzene, fuel oil, or other flammable or explosive liquid, solid or gas.

B. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two milligrams per liter as discharged to the public sewer.

C. Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

D. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

E. Any waters or wastes containing quantities of pollutants which exceed the applicable limitations set forth in a Federal Categorical Pretreatment Standard as such standards may be revised from time to time.

F. Any garbage that has not been properly shredded so that no particle is larger than 1/2 inch in any dimension. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Director of Public Utilities.

§ 130-101. Discharge of substances or wastes that may harm sewers or equipment.

No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the District that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the District will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. Some examples of substances prohibited are:

A. Any liquid or vapor having a temperature higher than 150° F. (65° C.).

B. Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. and 65° C.).

C. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions, whether neutralized or not.

D. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the District for such materials.

E. Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the District as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

F. Any radioactive wastes or isotopes of such half-life or concentrations as may exceed limits established by the District in compliance with applicable state or federal regulations.

G. Any waters or wastes having a pH in excess of 9.5.

H. Materials which exert or cause:

(1) Unusual concentrations of inert suspended solids (such as, but not limited to, fullers earth, lime slurries, and lime residue) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate), not to exceed 300 milligrams per liter.

(2) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(3) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works, not to exceed 300 milligrams per liter for BOD 5 nor 450 milligrams for COD.

(4) Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.

I. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving water.

§ 130-102. Options of District if improper wastes are discharged.

If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in the previous sections, and which, in the judgment of the District, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the District may:

A. Reject the wastes;

B. Require pretreatment to an acceptable condition for discharge to the public sewers;

C. Require control over the quantities of discharge; and/or

D. Require payment to cover the added costs of handling and treating the wastes not covered by existing sewer charges.

§ 130-103. Approval of pretreatment design required.

If the District permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the District, and be subject to the requirements of all applicable codes, rules, regulations, ordinances and laws.

§ 130-104. Interceptors required for waste containing excessive grease.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the District, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the District, and shall be located as to be readily and easily accessible for cleaning and inspection.

§ 130-105. Maintenance of preliminary treatment or flow-equalizing facilities.

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

§ 130-106. Installation of control manhole.

The owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole shall be accessible and safely located, and shall be constructed in accordance with plans approved by the District. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times by the District or any authorized person. In unusual cases, the District may waive this requirement if the District finds in its sole discretion that compliance is not necessary.

§ 130-107. Determination of measurements and tests.

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in these rules and regulations shall be determined in accordance with procedures approved under Title 40 Code of Federal Regulations Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, and shall be determined, upon suitable samples taken at said control manhole or, if the District in its sole discretion determines that this is not reasonably possible, at such other location determined by the District. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property.

§ 130-108. Special arrangements with industrial concerns permitted.

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the District and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the District for treatment, subject to payment therefor, by the industrial concern. No such agreement or arrangement shall permit the industry to exceed applicable Federal Categorical Pretreatment Standards.

§ 130-109. Prohibition against breaking structures or equipment of district.

No person shall break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment of the District.

§ 130-110. Penalty for discharge of substance which causes damage.

Any person who discharges any substance into the District's sewers which causes damage to those sewers shall be liable for the costs to repair any damage so caused.

§ 130-111. Entry on properties for purposes of inspection.

Upon giving reasonable notice, and to the extent permissible at law, employees of the District shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of these rules. The District shall have no authority to inquire into any processes, including chemical, oil, refining, ceramic, paper, or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

§ 130-112. Easements allow certain rights of inspection and measurement.

Employees of the District bearing proper credentials and identification shall be permitted to enter all private properties through which the Stoney Creek Sanitary District, the Toms Brook-Maurertown Sanitary District, Shenandoah County, the Stoney Creek Utilities Corporation, or Toms Brook-Maurertown Service Authority holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the easement pertaining to the private property involved.

§ 130-113. Penalty for violation of rules.

Any person who violates any provision of these rules shall pay all reasonable costs of the District, including reasonable attorney's fees, fines, repair of damage, injury to personnel, and any and all costs and fines associated with any resulting degradation of sludge quality and violations of water, air and sludge standards caused by the violation.

§ 130-114. Revocation of permit.

Any permit may be revoked if a person violates these rules or the conditions of any permit. The person shall be entitled to:

A. Written notice of the proposed revocation; and

B. A hearing before the District or before a designated officer or employee of the District.

§ 130-115. Discontinuing water or sewer service.

The District may immediately disconnect water and/or sewer service in the event of an emergency. The Director of Public Utilities or his designee shall determine, in his or her sole discretion, whether or not an emergency exists.

ARTICLE IX, Charges and Connection Policies

§ 130-116. Water and sewer bills and rates.

A. The District shall mail water and sewer bills to each customer as near as possible to the first day of each billing period. The District shall not be obligated to provide separate water or sewer service billings for any individual dwelling or other unit within a multifamily dwelling unless:

(1) The individual unit is served by water and sewer lines particular to that unit; and

(2) The individual unit's lines are equipped with shut-off valves and meters available to the District by which service can be terminated without affecting any other unit.

B. In the event that the District is not obligated to provide separate water and/or sewer service billings, the District shall bill any one of the owner(s) of such building. The District is not required to mail duplicate renter's bills to owners except when the District seeks payment from the owner.

§ 130-117. Water connection fees.

A. Before any person shall be allowed to connect to the District's water system, a connection fee shall be paid in accordance with this section.

(1) Persons wishing to connect a dwelling to the District's water system shall pay the residential connection fee established by the District from time to time. A separate connection fee is required for each dwelling unit, whether or not separate physical connections are made.

(2) Fee for structures other than dwellings.

(a) For structures other than dwellings, the connection fee shall be based on the size of the line which is to be connected to the District's system, under the following procedure:

[1] First, determine the ratio of (1) the capacity of the line to be connected to (2) the capacity of a three-fourths-inch line, which represents an equivalent residential connection ("ERC"). (For example, a two-inch line has a capacity 7.1111 times greater than that of a three-fourths-inch line.) This ratio is the number of ERCs.

[2] Second, multiply the number of residential equivalents by the residential connection fee referred to in Subsection A(1).

(b) Except for accessory buildings, the connection fee for structures other than dwellings shall not be less than the residential connection fee.

(3) In addition to all other fees, any person wishing to connect an accessory building to the District's water system may have to pay an additional connection fee as established by the District.

(4) An actual connection sufficient to commence water service to a building, along with the obtaining of all necessary building permits, must be made within six months of payment of the connection fee. If such connection is not made within such time period, the party paying the fee may still connect to the system upon paying the fee then in effect at the time of actual connection. A one-hundred-percent-credit will be given for the previously paid connection fee.

B. In addition to all other fees any person requesting connection to the District's system shall pay to the District its costs of making the connection, excluding the cost of the meter for customers connecting through a three-fourths-inch line only. Customers connecting with a line of 3/4 inches shall pay for the meter. Payment must be made within 30 days of billing.

§ 130-118. Backflow prevention devices.

The District shall provide backflow prevention devices on residential three-fourths-inch lines as needed in the discretion of the Director of Public Utilities. Backflow prevention devices on larger lines and commercial properties must be installed and maintained by the owner of the property, and such devices must be approved by the District.

§ 130-119. Sewer connection fees.

Any person connecting to the District's sewer system shall pay the District's actual cost of connecting the building sewer to the public sewer and the water connection fee multiplied by the sewer adjustment factor. The sewer adjustment factor shall be set by the District from time to time. A separate connection fee is required for each dwelling unit, whether or not separate physical connections are made. For sewer-only customers, a water meter shall be installed at the customer's expense on the customer's private water system for the purpose of determining monthly sewer charges based upon water consumption. The meter may be installed downline from water-only fixtures such as outside fire hydrants which will not result in sewage flows. An actual connection sufficient to commence sewer service to a building, along with the obtaining of all necessary building permits, must be made within six months of payment of the connection fee. If such connection is not made within such time period, the party paying the fee may still connect to the system upon paying the fee then in effect at the time of actual connection. A one-hundred-percent credit will be given for the previously paid connection fee.

§ 130-120. Levy of tax.

In addition to the fees set forth herein, an annual tax to be set by the District may be levied upon all real estate located within the boundaries of the District.

§ 130-121. Late charge.

Any person who fails to pay any fee or bill on time shall be subject to a late charge of 10% of the current amount due.

§ 130-122. Adjustment policy due to leakage.

The District may adjust a water and/or sewer bill if excessive usage is caused by a burst water line, leaking fixture or other inadvertent or accidental cause. Before an adjustment is made, the customer must provide a written explanation of the cause of the excessive usage, remedies taken to correct the problem and a request for adjustment. Any such written request for adjustment shall be made within 90 days of the mailing of the bill to which adjustment is requested. The adjustment amount shall be 125% of the average of the three billing periods charged immediately prior to the billing period for which adjustment is requested. Only one such adjustment per property owner is available every 60 months. At the customer's option, a customer may trade a prior adjustment for another adjustment once every 60 months. If it can be demonstrated that the excessive usage did not enter the sewer system, then an additional adjustment of like amount can be made to the sewer bill at the discretion of the Director of Public Utilities.

§ 130-123. Disconnection of service.

A. Voluntary disconnection of service by customer. There shall not be a water disconnection fee, provided that such disconnection is performed during normal business hours. A service call charge may be imposed for disconnections done outside the normal business hours of the District.

B. Involuntary disconnection of service to customer.

(1) If at any time the District determines that a water line or facility which is to be maintained by the customer has ruptured or has allowed undue and undesirable loss of water from the system, the District may temporarily cease to provide water until the condition is corrected.

(2) The District may deny or discontinue the water service to a consumer if a backflow prevention device is not installed. If it is found that any such device has been removed or bypassed or if cross-connection exists on the premises, or if the pressure in the waterworks is lowered below 10 psi gauge, the District may take action to insure that the waterworks are adequately protected at all times. Water service to such premises shall not be restored until the deficiencies have been corrected or eliminated in accordance with Commonwealth of Virginia Waterworks Regulations and to the satisfaction of the District.

(3) In the case of a disaster (fire, flood, etc.) which was not caused by the negligence of the customer and whereby the unit is not inhabitable, service will be disconnected with no minimum service fee. Service fees will resume when the unit becomes inhabitable.

C. Nonpayment.

(1) Service may be disconnected if any of the rates, fees or charges, including late fees and interest, levied by the District shall not be paid within 30 days of the due date.

(2) The water supply shall not be shut off under this section if the State Health Commissioner, upon application of the local board of health or Health Officer of Shenandoah County, shall find and shall certify to the District that ceasing to supply such water shall endanger the health of such person or the health of others in Shenandoah County.

(3) There will be a disconnection fee charged if a service is disconnected due to nonpayment. The amount of the fee shall be fixed by the District. Such fee shall be charged upon the dispatch of service personnel to the service location scheduled for disconnection and shall be paid even if the customer agrees to immediately make payment and service is not actually valved off or otherwise physically disconnected.

(4) With respect to sewer-only customers, the District shall charge a sewer disconnection fee if sewer-only service is disconnected due to nonpayment. The amount of the fee shall be fixed by the District. Such fee shall be charged upon the arrival of service personnel to the service location scheduled for disconnection and shall be paid even if the customer agrees to immediately make payment and service is not actually blocked off or otherwise physically disconnected. In the event that the cost to the District in physically blocking off sewer service, which may include the excavation of a sewer line and other work, exceeds the sewer disconnection fee, the customer shall pay the greater of the sewer disconnection fee or the District's actual costs in disconnecting sewer-only service.

(5) Reconnection will occur upon satisfactory payment of any rates, fees or any other amounts due. Reconnection will take place during normal business hours. With respect to sewer-only service that is disconnected, the customer shall pay the District's actual costs in reconnecting sewer-only service.

§ 130-124. After-hours service calls.

Service calls that are done when the District offices are closed (including but not limited to after-business hours, weekends and holidays) shall be charged a fee to be set by the District from time to time.

§ 130-125. Security deposit.

The District may require any prospective customer not holding title to the property in which water and/or sewer are to be used to pay a deposit fixed by the District to secure the payment of water and sewer bills. The deposit is refundable without accrued interest upon termination of the service and payment of all water and sewer charges. The deposit is also refundable without accrued interest upon the customer's written request if the customer has made no delinquent payments and has been a customer of the District for the 24 months immediately preceding such request.

§ 130-126. Water and sewer charge for service.

The District shall decide the rates to be charged for service, including any minimum charge.

§ 130-127. Water and sewer charge for unmetered service.

Nonmetered sewer-only customers shall be charged a flat fee determined from time to time by the District. In its discretion, the District may allow multiple dwelling units such as townhouses, condominiums, apartments and mobile homes to be served by only one meter (sometimes called a "master meter"). When this meter is used, the volume of water used shall be divided by the number of units served. Each division shall be charged for services on the same rate schedule and in the same manner as though each unit was metered. By way of example, assume a meter serves 12 apartments and shows a use of 72,000 gallons for the period to be charged. The District shall divide the 72,000 by 12 and bill the customer as though there were 12 individual users each using 6,000 gallons. Each of the 12 calculations will be subject to the rate schedule of the District, including minimum fees if applicable.

§ 130-128. Returned check charge.

The District shall charge any person or entity the maximum fee allowable by law for the return of any check, along with any actual costs incurred by the District because of such return and which are allowed by law.

§ 130-129. Unpaid charge to become lien against property.

Any unpaid charge shall become a lien superior to the interest of any owner, lessee or tenant, and next in succession to County taxes, on the real property. Where the use of any water or sewer systems owned by the District is contracted for by an occupant who is not the owner of the premises and where the occupant's premises are separately metered for service, the owner of any such premises shall be liable only for the payment of delinquent rates or charges applicable to three delinquent billing periods, not to exceed a period of 90 days for such delinquency. Such liens shall not bind or affect a subsequent bona fide purchaser of such real estate for valuable consideration without actual notice of such lien, except and until from the time that such charge is entered in the judgment lien docket in the Clerk's office of the Circuit Court of Shenandoah County.

§ 130-130. Transfer fee.

The District shall charge a transfer of accounts fee as fixed by the District from time to time. However, no fee shall be charged if the account is reverting back to the owner from a renter or for transfers between family members.

§ 130-131. Bulk sales.

The District may establish charges for one-time or periodic bulk water sales.

§ 130-132. One-time sewage disposal.

The District may enact a rate schedule for one-time sewage disposal for camping trailers, portable toilets and other one-time sewage dumping activities.

ARTICLE X, Line Extension

§ 130-133. General requirements.

The District will provide water and sewer service, when necessary, to extend its service system, under the following conditions:

A. Bona fide applicants will design and construct, at their expense, any necessary extension piping to be directly connected into the District's service system.

B. The extension must be approved as to the direction, distance, etc. by the District prior to its construction; the same holds true for any pumping stations or other devices necessary to provide service.

C. The District reserves the right to determine the size of the pipe necessary in making such extension.

§ 130-134. Ownership of extensions.

The ownership of the extensions installed under this rule shall, at all times, be in the District, its successors and assigns. Upon completion and acceptance by the District of any approved extension and/or appurtenances to the system, it is understood and agreed that the developer or customer shall be responsible for and obligated to correct any deficiencies in construction for a period of one year from the date of acceptance of the facilities by the District. This condition shall be stipulated in the written form of acceptance issued by the District.

§ 130-135. Easements and rights-of-way.

Where the main or extension is to be installed on private property, the owner or those proposing the extension thereof shall provide, free of charge, an easement and a free, unobstructed and uninterrupted right-of-way for the installation, maintenance and extension of the main on such private property, and shall, if requested by the District, place on public record a facsimile plat, showing the location on such property.

§ 130-136. Design and construction.

All extensions to the District's system will be designed and constructed in accordance with the latest State Health Department, State Water Control Board and District specifications. To assure compliance with these specifications and to assure the District that the extension is properly built the District will inspect the extension as installed. An inspection charge fixed by the District will be made to the owner/developer. The owner/developer is responsible for testing such facilities at its expense. The District reserves the right to test facilities at the owner's/developer's expense. Upon passing the required inspection, the District will certify to the State Health Department and State Water Control Board that the required inspections have been made and approved and will be accepted as part of the District's system. Five sets of "as built" plans must be submitted to the District for any proposed extension within 60 days of completion and testing of the extensions.

§ 130-137. Costs of line extension.

The applicant shall pay all costs of line extensions.

§ 130-138. Rates for service outside District.

The District shall determine with the applicant any connection, service and other fees and terms with any applicant who wishes service and who is outside of the District. The District shall not be obligated to provide such service. Any agreement reached by an applicant and the District for service outside the District shall not take effect until ratified and approved by the District.

ARTICLE XI, Cross-Connection Control [Added 8-26-2008 by Ord. No. 2008-11]

§130-139. Purpose

Purpose of this ordinance is to abate or control actual or potential cross connections and protect the public health. This ordinance provides for establishment and enforcement of a program of cross connection control and backflow prevention in accordance with the Commonwealth of Virginia, State Board of Health, Waterworks Regulations 1995, or as amended. THIS ORDINANCE IS DIRECTED AT SERVICE LINE PROTECTION (CONTAINMENT).

§130-140. Authority

Commonwealth of Virginia, Department of Health
Waterworks Regulations, Part II, Article 3:
Cross Connection Control and Backflow Prevention in Waterworks

§130-141. Administration

A. The Tom Brook Sanitary District shall administer and enforce the provisions of this ordinance under the direction of the Director of Public Utilities.

B. It shall be the duty of the Tom Brook Sanitary District to cause assessment to be made of properties served by the waterworks where cross connection with the waterworks is deemed possible. The method of determining potential cross connection with the waterworks and the administrative procedures shall be established by the Tom Brook Sanitary District in a Cross Connection Control Program (Program) approved by the Commonwealth of Virginia, Department of Health, Office of Drinking Water (ODW).

C. The responsibility to carry out the Program lies with the Chief Operator.

A. Upon request, the owner or occupants of property served shall furnish to the Chief Operator pertinent information regarding the consumer’s water supply system or systems on such property for the purpose of assessing the consumer’s water supply system for cross connection hazards and determining the degree of hazard, if any. The refusal of such information, when requested, shall be deemed evidence of the presence of a high degree of hazard cross connection.

B. Notice of Violation Any consumer’s water supply system owner found to be in violation of any provision of this ordinance shall be served a written notice of violation sent certified mail to the consumer’s water supply system owner’s last known address, stating the nature of the violation, corrective action required and providing a reasonable time limit, not to exceed 30 days, from the date of receipt of the notice of violation, to bring the consumer’s water supply system into compliance with this ordinance of have water service terminated.

C. Penalties Any owner of properties served by a connection to the waterworks found guilty of violating any of the provisions of this ordinance, or any written order of the (County Administrator, or other chief administrative officer) in pursuance thereof, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100.00 or more than $500.00 for each violation. Each day upon which a violation of the provisions of this act shall occur shall be deemed a separate and additional violation for the purpose of this ordinance.

Effective cross connection control and backflow prevention requires the cooperation of the Tom Brook Sanitary District, the Chief Operator, the owner(s) of the property served, the Local Building Official and the backflow prevention device tester.  

B. The Tom Brook Sanitary District has full responsibility for water quality and for the construction, maintenance and operation of the waterworks beginning at the water source and ending at the service connection.

C. The Tom Brook Sanitary District shall, to the extent of their jurisdiction, provide continuing identification and evaluation of all cross connection hazards. This shall include an assessment of each consumer’s water supply system for cross connections to be followed by requirement, if necessary, of installation of a backflow prevention device or separation. Assessments shall be performed at least annually.

D. In the event of the backflow of pollution or contamination into the waterworks, the Tom Brook Sanitary District shall promptly take or cause corrective action to confine and eliminate the pollution or contamination. The Tom Brook Sanitary District shall report to the appropriate Commonwealth of Virginia, Department of Health, Office of Drinking Water in the most expeditious manner (usually by telephone) when backflow occurs and shall submit a written report by the 10th day of the month following the month during which backflow occurred addressing the incident, its causes, effects, and preventive or control measures required or taken

E. The Tom Brook Sanitary District shall take positive action to ensure that the waterworks is adequately protected from cross connections and backflow at all times. If a cross connection exists or backflow occurs into a consumer’s water supply system or into the waterworks or if the consumer’s water supply system causes the pressure in the waterworks to be lowered below 10 psi gauge, the Tom Brook Sanitary District may discontinue the water service to the consumer and water service shall not be restored until the deficiencies have been corrected or eliminated to the satisfaction of the Tom Brook Sanitary District.

F. In order to protect the occupants of a premises, the Chief Operator should inform the consumer’s water supply system owner(s) of any cross connection beyond the service connection that should be abated or controlled by application of an appropriate backflow prevention device or separation. Appropriate backflow prevention device or separation should be applied at each point-of-use and/or applied to the consumer’s water supply system, isolating an area which may be health or pollution hazard to the consumer’s water supply system or to the waterworks.

G. Records of backflow prevention devices, separations, and consumer’s water supply systems, including inspection records, records of backflow incidents, and records of device tests shall be maintained by Tom Brook Sanitary District for ten years.

A. The consumer’s water supply system owner(s), at their expense, shall install, operate, test, and maintain required backflow prevention devices or backflow prevention by separations.

B. The consumer’s water supply system owner(s) shall provide copies of test results, maintenance records and overhaul records to the Tom Brook Sanitary District within 30 days of completion of testing or work. Such testing or work shall have been performed by device testers which have obtained a certificate of completion of a course recognized by the American Water Works Association, the Virginia Department of Health or the Virginia Cross Connection Control Association for cross connection control and backflow prevention inspection, maintenance and testing or otherwise be certified by a Commonwealth of Virginia tradesman certification program.

A. Service Line Protection
Backflow prevention device or separation shall be installed at the service connection to a consumer’s water supply system where, in the judgment of the Tom Brook Sanitary District a health or pollutional hazard to the consumer’s water supply system or to the waterworks exists or may exist unless such hazards are abated or controlled to the satisfaction of the Tom Brook Sanitary District.

B. Special Conditions

1. When, as a matter of practicality, the backflow prevention device or separation cannot be installed at the service connection, the device or separation may be located downstream of the service connection but prior to any unprotected takeoffs. .

2. Where all actual or potential cross connections can be easily correctable at each point-of-use and where the consumer’s water supply system is not intricate or complex, point-of-use isolation protection by application of an appropriate backflow prevention device or backflow prevention by separation may be used at each point-of-use in lieu of installing a containment device at the service connection. .

C. A backflow prevention device or backflow prevention by separation shall be installed at each service connection to a consumer’s water supply system serving premises where the following conditions exists:

1. Premises on which any substance is handled in such a manner as to create and actual or potential hazard to a waterworks (this shall include premises having auxiliary water systems or having sources or systems containing process fluids or waters originating from a waterworks which are no longer under the control of the waterworks owner). .

2. Premises having internal cross connections that, in the judgment of the Tom Brook Sanitary District may not be easily correctable or intricate plumbing arrangements which make it impracticable to determine whether or not cross connections exist. .

3. Premises where, because of security requirement or other prohibitions or restrictions, it is impossible or impractical to make an evaluation of all cross connection hazards. .

4. Premises having a repeated history of cross connections being established or reestablished. .

5. Other premises specified by the Tom Brook Sanitary District where cause can be shown that a potential cross connection hazard not enumerated above exist. .

D. Premises having booster pumps or fire pumps connected to the waterworks shall have the pumps equipped with a pressure sensing device to shut off or regulate the flow from the booster pump when the pressure in the waterworks drops to a minimum of 10 psi gauge at the service connection. .

E. An approved backflow prevention device or backflow prevention by separation shall be installed at each service connection to a consumer’s water supply system or installed under Special Conditions, Section VII.B. service, but not necessarily limited to, the following types of facilities:

1. Hospitals, mortuaries, clinics, veterinary establishments, nursing homes, dental offices and medical buildings;

2. Laboratories;

3. Piers, docks, waterfront facilities;

4. Sewage treatment plants, sewage pumping stations, or storm water pumping stations;

5. Food and beverage processing plants;

6. Chemical plants, dyeing plants and pharmaceutical plants;

7. Metal plating industries;

8. Petroleum or natural gas processing or storage plants;

9. Radioactive materials processing plants or nuclear reactors;

10. Car washes and laundries;

11. Lawn sprinkler systems, irrigation systems

12. Fire service systems;

13. Slaughter houses and poultry processing plants;

14. Farms where the water is used for other than household purposes;

15. Commercial greenhouses and nurseries;

16. Health clubs with swimming pools, therapeutic baths, hot tubs or saunas;

17. Paper and paper products plants and printing plants;

18. Pesticide or exterminating companies and their vehicles with storage or mixing tanks;

19. Schools or colleges with laboratory facilities;

20. High-rise buildings (4 or more stories);

21. Multiuse commercial, office, or warehouse facilities;

22. Others specified by the Tom Brook Sanitary District when reasonable cause can be shown for a potential backflow or cross connection hazard.

F. Where lawn sprinkler systems, irrigation systems or fire service systems are connected directly to the waterworks with a separate service connection, a backflow prevention device or backflow prevention by separation shall be installed at the service connection or installed under Special Conditions, Section VII.B.1.

A. The type of protection required shall depend on the degree of hazard, which exists or may exist.

(1) The degree of hazard, either high, moderate, or low, is based on the nature of the contaminant; the potential health hazard; the probability of the backflow occurrence; the method of backflow either by backpressure or by backsiphonage; and the potential effect on waterworks structures, equipment, and appurtenances used in the storage, collection, purification, treatment, and distribution of pure water.

(2) Table 1 shall be used as a guide to determine the degree of hazard for any situation.

B. Types of protection

1. An air gap or physical disconnection gives the highest degree of protection and shall be used whenever practical to do so in high hazard situations subject to backpressure.

2. An air gap, physical disconnection and a reduced pressure principle backflow prevention device will protect against backpressure when operating properly.

3. Pressure vacuum breakers will not protect against backpressure, but will protect against backsiphonage when operating properly. Pressure vacuum breakers may be used in low, moderate or high hazard situations subject to backsiphonage only.

4. A double gate – double check valve assembly shall not be used in high hazard situations.

5. Barometric loops are not acceptable.

6. Interchangeable connections or change-over devices are not acceptable.

A. Backflow prevention devices for containment include the reduced pressure principle backflow prevention assembly, the double gate – double check valve assembly, and the pressure vacuum breaker assembly.

B. Backflow prevention by separation shall be an air gap or physical disconnection. The minimum air gap shall be twice the effectiv opening of a potable water outlet unless the outlet is a distance less than three times the effective opening away from a wall or similarvertical surface, in which case the minimum air gap shall be three times the effective opening of the outlet. In no case shall the minimum air gap be less than one inch.

C. Backflow prevention devices shall be of the approved type and shall comply with the most recent American Water Works Association Standards and shall be approved for containment by the University of Southern California, Foundation for Cross-Connection Control and Hydraulic Research.

D. Backflow prevention devices shall be installed in a manner approved by the Tom Brook Sanitary District and in accordance with the University of Southern California, Foundation of Cross-Connection Control and Hydraulic Research recommendations and the manufacturer’s installation instructions. Vertical or horizontal positioning shall be as approved by the University of Southern California, Foundation for Cross-Connection Control and Hydraulic Research.

E. Existing backflow prevention devices approved by the Tom Brook Sanitary District prior to the effective date of this ordinanc shall, except for inspection, testing, and maintenance requirement, be excluded from the requirements of Section X. C. and D. if the Tom Brook Sanitary District is assured that the devices will protect the waterworks.

F. For the purpose of application to Special Conditions, Section VII.B.2. point-of-use isolation devices or separations shall be as specified by the Tom Brook Sanitary District where reasonable assurance can be shown that the device or separation will protect the waterworks. As a minimum, point-of-use devices should bear an appropriate American Society of Sanitary Engineering Standard Number. Seethe Cross Connection Control Program, Appendix A, for Isolation Device Application.

G. Backflow prevention devices with openings, outlets, or vents that are designed to operate or open during backflow prevention shall not be installed in pits or areas subject to flooding.

A. It shall be the responsibility of the consumer’s water supply system owner(s) to maintain all backflow prevention devices or separations installed in accordance with Section VII in good working order and to make no piping or other arrangements for the purpose ofbypassing or defeating backflow prevention devices or separations.

B. Operational testing and inspection schedules shall be established by the Tom Brook Sanitary District as outlined in the Cross Connection Control Program for all backflow prevention devices and separations which are installed at the service connections or installed under Special Conditions, Section VII. The interval between testing and inspection of each device shall be established in accordance with the age and condition of the device and the device manufacturer’s recommendations. Backflow prevention device and separation inspection and testing intervals shall not exceed 1 year.

C. Backflow prevention device overhaul procedures and replacement parts shall be in accordance with the manufacturer’s recommendations.

D. Backflow prevention device testing procedures shall be in accordance with the University of Southern California, Foundation for Cross-Connection Control and Hydraulic Research, Backflow Prevention Assembly Field Test Procedure and the manufacturer’s instructions.

Air Gap -- means the unobstructed vertical distance through the free atmosphere between the lowest point of the potable water outlet and the rim of the receiving vessel.

Auxiliary Water System -- means any water system on or available to the premises other than the waterworks. These auxiliary waters may include water from a source such as wells, lakes, or streams; or process fluids; or used water. They may be polluted or contaminated or objectionable, or constitute an unapproved water source or system over which the water purveyor does not have control.

Backflow – means the flow of water or other liquids, mixtures, or substances into a waterworks from any source or sources other than its intended source.

Backflow Prevention by Separation (“Separation”) – means preventing backflow by either an air gap or by physical disconnection of a waterworks by the removal or absence of pipes, fittings, or fixtures that connect a waterworks directly or indirectly to a nonpotable system or one of questionable quality.

Backflow Prevention Device (“Device”) – means any approved device intended to prevent backflow into a waterworks.

Backpressure Backflow – means backflow caused by pressure in the downstream piping which is superior to the supply pressure at the point of consideration.

Backsiphonage Backflow – means backflow caused by a reduction in pressure which causes a partial vacuum creating a siphon effect.

Consumer – means person who drinks water from a waterworks.

Consumer’s Water Supply System (“Consumer’s System”) – means the water service pipe, water distributing pipes, and necessary connecting pipes, fitting, control valves, and all appurtenances in or adjacent to the building or premises.

Containment – means the prevention of backflow into a waterworks from a consumer’s water supply system by a backflow prevention device or by backflow prevention by separation at the service connection.

Contaminant – means any objectionable or hazardous physical, chemical, biological, or radiological substance or matter in water.

Cross Connection – means any connection or structural arrangement, direct or indirect, to the waterworks whereby backflow can occur.

Degree of Hazard – means either a high, moderate or low hazard based on the nature of the contaminant; the potential health hazard; the probability of the backflow occurrence; the method of backflow either by backpressure or by backsiphonage; and the potential effect on waterworks structures, equipment, and appurtenances used in the storage, collection, purification, treatment, and distribution of pure water.

Distribution Main – means a water main whose primary purpose is to provide treated water to service connections.

Division – means the Commonwealth of Virginia, Virginia Department of Health, Office of Water Programs, Division of Water Supply Engineering.

Domestic Use or Usage – means normal family or household use, including drinking, laundering, bathing, cooking, heating, cleaning and flushing toilets (see Appendix A for Title 32.1, Article 2, Code of Virginia, 1950, as amended).

Double Gate-Double Check Valve Assembly – means an approved assembly designed to prevent backsiphonage or backpressure backflow and used for moderate or lot hazard situations, composed of two independently operating, spring-loaded check valves, tightly closing shutoff valves located at each end of the assembly and fitted with properly located test cocks.

Entry Point – means the place where water from the source is delivered to the distribution system.

Health Hazard – means any condition, device, or practice in a waterworks or its operation that creates, or may create, a danger to the health and well being of the water consumer.

Isolation – means the prevention of backflow into a waterworks from a consumer’s water supply system by a backflow prevention device or by backflow prevention by separation at the sources of potential contamination in the consumer’s water supply system. This is also called point-of-use isolation. Isolation of an area or zone within a consumer’s water supply system confines the potential source of contamination to a specific area or zone. This is called area of zone isolation.

Maximum Contaminant Level – means the maximum permissible level of contaminant in water which is delivered to the free flowing outlet of the ultimate user of a waterworks, except in the cases of turbidity and VOC’s, where the maximum permissible level is measured at eachentry point to the distribution system. Contaminants added to the water under circumstances controlled by the user, except those resulting from corrosion of piping and plumbing caused by water quality, are excluded from this definition. Maximum contaminant levels may be either “primary” (PMCL) meaning based on health considerations or “secondary” (SMCL) meaning based on aesthetic considerations.

Plumbing Fixture – means a receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water there from; or discharges used water, waste materials, or sewage either directly or indirectly to the drainage system of the premises; or requires both a water supply connection and a discharge to the drainage system of the premises.

Pollution – means the presence of any foreign substance (chemical, physical, radiological, or biological) in water that tends to degrade its quality so as to constitute an unnecessary risk or impair the usefulness of the water.

Pollution Hazard – means a condition through which an aesthetically objectionable or degrading material may enter the waterworks or a consumer’s water system.

Premises – means a piece of real estate; house or building and its land.

Pressure Vacuum Breaker – means an approved assembly designed to prevent backsiphonage backflow and used for high, moderate, or low hazard situations, composed of one or two independently operating, spring-loaded check vales; as independently operating, spring-loaded air-inlet valve; tightly closing shut off valves located at each end of the assembly; and fitted with properly located test cocks.

Process Fluids – means any kind of fluid or solution, which may be chemically, biologically, or otherwise contaminated or polluted which would constitute a health, pollutional, or system hazard if introduced into the waterworks. This includes, but is not limited to:

1. Polluted or contaminated water,

2. Process waters,

3. Used water, originating from the waterworks which may have deteriorated in sanitary quality.

4. Cooling Waters,

5. Contaminated natural waters taken from wells, lakes, streams, or irrigation systems,

6. Chemicals in solution or suspension, and

7. Oils, gases, acids, alkalis, and other liquid and gaseous fluid used in industrial or other processes, or for fire fighting purposes.

Pure Water or Potable Water – means water fit for human consumption and domestic use which is sanitary and normally free of minerals, organic substances, and toxic agents in excess of reasonable amounts for domestic usage in the area served and normally adequate in quantity and quality for a minimum health requirements of the persons served.

Reduced Pressure Principle Backflow Prevention Device (RPX device) – means an approved assembly designed to prevent backsiphonage or backpressure backflow used for high, moderate, or low hazard situations, composed of a minimum of two independently operating, spring-loaded check valves together with an independent, hydraulically operating pressure differential relief valve located between the two check valves. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the supply pressure. The unit must include tightly closing shutoff valves located at each end of the assembly and be fitted with properly located test cocks.

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;

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

System Hazard – means a condition posing a threat of or actually causing damage to the physical properties of the waterworks or a consumer’s water supply system.

Used Water – means water supplied from the waterworks to a consumer’s water supply system after it has passed through the service connection.

Water Supply – means the water that shall have been taken into a waterworks from all wells, streams, springs, lakes, and other bodies of surface water (natural or impounded), and the tributaries thereto, and all impounded groundwater, but the term “water supply” shall not include any water above the point of intake of such waterworks.

Waterworks – means a system that serves piped water for dinking or domestic use to (1) the public, (2) at least 15 connections, or (3) an average of 25 individuals for at least 60 days out of the year. The term “waterworks” shall include 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 (see Title 32.1, Article 2, Code of Virginia, 1950, as amended).

Waterworks Owner – means an individual, group of individuals, partnership, firm, association, institution, corporation, government entity, or the Federal Government which supplies or proposes to supply water to any person within this State from or by means of any waterworks (see Title 32.1, Article 2, Code of Virginia, 1950, as amended)..