Article II – Waterworks Regulations

[Adopted 12-5-2011 (Ch. 142 of the 1993 Code)]

§ 5.1-8 Intent.

The rules and regulations set out in this article shall be a part of the contract with every person supplied with water through the County’s waterworks system, and every person by taking water shall be bound thereby.

§ 5.1-9 Assignment of duties.

The Appomattox County Board of Supervisors may, by resolution or separate agreement, assign to any person or entity found to be qualified the right and authority to serve as its agent in the execution of duties, functions, rules and regulations as they relate to the operation of the County’s waterworks system.

§ 5.1-10 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

APPOMATTOX COUNTY (CONSUMER’S) WATER SYSTEM

Any water system located on the consumer’s premises supplied by or in any manner connected to the waterworks.

BACKFLOW

The flow of contaminants, pollutants, process fluids, used water, untreated water, chemicals, gases, or nonpotable water into any part of a waterworks.

CONSUMER

The owner or person in control of any premises supplied by or in any manner connected to the waterworks.

CROSS-CONNECTION

Any connection or structural arrangement, direct or indirect, to the waterworks whereby backflow can occur.

PURE WATER or POTABLE WATER

Water fit for human consumption and 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 supply for the minimum health requirements of the persons served.

SERVICE CONNECTION (WATER)

The terminal end of a service line from the waterworks. If a meter is installed at the end of the service, then “service connection” means the downstream end of the meter.

USED WATER

Any water supplied by a water purveyor from waterworks to a consumer’s water system after it has passed through the service connection.

WATER PURVEYOR

Any person who supplies water to any person within this state from or by means of any waterworks.

WATERWORKS

All structures and appurtenances owned by Appomattox County and used in connection with the sources of water and the collection, storage, purification and treatment of water for drinking or domestic use and the distribution thereof to the public or residential consumers.

§ 5.1-11 Review of regulations, rates and charges.

From time to time, Appomattox County shall review the water rates and charges and other specific rules and regulations governing the rates and charges associated with the use of the waterworks, and the specific rules and regulations governing the use of the waterworks, to include a specific cross-connection and backflow prevention policy, and its general standards of construction for water facilities constructed as part of or connecting to the waterworks facilities. Any assignee may have certain expertise in this endeavor and may be so inclined to assist the County.

§ 5.1-12 Right of entry.

A. Every person occupying any premises into which water is conveyed under this article shall permit the County of Appomattox or any authorized agent of the County to enter such premises at reasonable hours to inspect the works therein or to see if the provisions of this article and other rules and regulations relative to the waterworks have been kept and performed.

B. Duly authorized employees and/or agents of the County, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this article.

§ 5.1-13 Waterworks facility capacity.

The County shall periodically review the operation of the waterworks facilities with respect to the permitted capacity and the present levels of use. The available capacity of the waterworks facilities shall be determined. The County shall utilize this information when considering new connections to its waterworks.

§ 5.1-14 Repair of plumbing and fixtures.

The owners of all premises which are connected to the waterworks shall be responsible for keeping all plumbing and fixtures on their premises in proper repair.

§ 5.1-15 Bills for water service.

All bills for water service shall be due and payable as indicated on such bills as selected by the County and may be the office of the assignee.

§ 5.1-16 Notice of violation.

Any person found to be violating any provisions of this article shall be served by the County or its agent with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

§ 5.1-17 Violations and penalties.

Any person served with a notice as provided in § 5.1-16 who shall continue the violation in question beyond the time limit provided for in such notice, as provided in § 5.1-16, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined $100 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

§ 5.1-18 Refusal of application for failure to comply with County ordinances.

The County shall refuse any application for water connection to the owner who has not complied with all the provisions of this article and other ordinances of the County with reference to building lines, street planning and to the use and occupation of real estate within the County.

§ 5.1-19 Application for connection to County waterworks.

The owner of any real estate within the County limits desiring to connect such real estate to the County waterworks shall make written application to the County to receive such connection. Such application shall describe the location and nature of the premises and the purpose and estimated quantity of water desired and shall provide such other information as may reasonably be required.

§ 5.1-20 Connection to waterworks required; exceptions; existing private wells.

A. Except as specified herein, all occupied buildings within the County that are located adjacent to the waterworks, upon subdivision of the land or new zoning action, shall be connected with the waterworks. The owner or tenants occupying such buildings shall use only the County-owned system for water consumed or used in and about the premises on which such buildings are located, except for minor or incidental use of bottled water or cistern-collected water. Once a building is connected to the public water system, it may not thereafter be disconnected. However, no person shall be required to cross the private property of any other person to make the connection described in this subsection.

B. Buildings connected to a private well system prior to July 11, 2012, shall be exempt from this section for so long as such well system functions in accordance with Virginia Department of Health requirements. When such existing well system ceases to do so, the property shall comply with Subsection A. A private well in existence prior to connecting to the waterworks may be converted for use as nonpotable water for such outdoor activities as yard watering, landscaping, washing of vehicles, etc.

C. If the pressure available to the occupied building is not adequate via the County-owned system to meet minimum Virginia Department of Health requirements, then the requirements of Subsection A shall be waived.

§ 5.1-21 Installation of water meter and cutoff; extensions of waterlines.

Upon approval by the County of the application for connection of premises within the County to the County waterworks as required herein, the County shall cause to be installed at a place to be designated by the County, on or near one of the streets of the County, a meter and cutoff for use pursuant to such application. Any extensions of waterline or appurtenance required to connect such new premises shall be paid for by the applicant. Extensions shall be made in accordance with County direction and the County’s construction standards. Such waterline so extended shall be of a capacity consistent with the permitted use of such water. Such meter and cutoff shall be owned, controlled and used exclusively by the County or its agents.

§ 5.1-22 Plans and specifications for water service supplied to premises.

Any persons wishing to avail themselves of County water service for business, commercial, industrial, institutional, residential or other purposes in favor of premises within the County shall, in advance of any construction, submit to the County for approval detailed plans and specifications showing clearly the proposed location, size and type of lines and construction. The proposed plans shall be in conformity with good engineering practices. Construction and other project costs for all water extension of County utilities to the premises shall be paid for by the owner of such property facilities unless approved by the County. The off-site facilities shall be dedicated to the County for operation and maintenance.

§ 5.1-23 Installation and ownership of waterlines and facilities.

No waterline installed for the benefit of premises may be connected to the County’s water system unless the applicant causes to be conveyed to the County such temporary and permanent easements and deeds of conveyance for such waterlines and related facilities as the County may deem necessary.

§ 5.1-24 Payment of costs by owner of premises.

All costs of establishing waterlines and facilities to benefit properties located in the County shall be borne entirely by the persons or entities that will derive benefit therefrom. The County shall calculate such cost and include such terms as it deems necessary in any permit issued to ensure timely receipt of payment in full, including a requirement that the applicant shall deposit with the County Treasurer, in cash, a minimum of 110% of the estimated total cost, as determined by the County, prior to the commencement of construction of such waterlines, which funds may be applied by the County toward the cost of establishing the waterworks.

§ 5.1-25 Water connection and other charges.

All charges for water taps or connections shall be based on the County’s water user policy current at the time application is made. The charges shall be payable immediately upon approval of the application for service.

§ 5.1-26 Metering.

The amount of water used by a customer shall be determined by direct metering of the water passing through the service line, and the County shall not be required to re-meter any water for the purpose of determining the amount used by any branch line.

§ 5.1-27 Separate connection and meter for each housekeeping unit.

Each housekeeping unit under a separate roof shall have an individual water connection and water meter. It shall be unlawful for any person to extend a water service line through his meter to another housekeeping unit not under the same roof.

§ 5.1-28 Inspection and testing of meters.

It shall be the duty of the County to inspect and test any water meter which it believes is not in proper repair. Upon the written complaint of any water customer, the County shall forthwith investigate such complaint and inspect and test the meter in question.

§ 5.1-29 Wasting water.

The owner or occupant of premises having a connection to the County waterworks shall not permit the water to be wasted as a result of leaks or other causes but shall have any such leak forthwith repaired or the condition resulting in such waste corrected. Upon failure to so repair leaks or correct conditions resulting in waste of water, the water service to the premises involved may be discontinued, in addition to such other punishment as may be imposed.

§ 5.1-30 Discontinuance of water service.

The County reserves the right to discontinue the water service at any time to any and all customers when, in the unlimited discretion of the County or the State Health Department, this may be deemed necessary for the protection of the water supply to the citizens of the County.

§ 5.1-31 Injuring or tampering with waterworks facilities.

It shall be unlawful for any person to break, destroy, interfere or tamper with, injure or deface any house, well, meter, pipe, main line valve, fire hydrant or any machinery, equipment, facilities or fixtures used in connection with or pertaining to the waterworks.

§ 5.1-32 Placing rubbish or building material on valve; obstructing or opening fire hydrant or valve.

No person shall place any building material, rubbish or other matter on the valve of a street main or water service pipe, or obstruct access to any pipe, fire hydrant, or valve which is part of the County waterworks, or open any of them so as to allow wastewater to enter the County waterworks.

§ 5.1-33 Unauthorized use of County water.

No persons shall use County water for which they have neither paid nor obtained permission to use.

§ 5.1-34 Allowing use of water by others.

It shall be unlawful for the owner or occupant of any premises connected to the County waterworks to habitually allow or permit water to be used, taken or received by any person other than himself, the occupant or members of his family or visitors at his house.

§ 5.1-35 Using water from other premises.

If the water facilities of any customer are temporarily out of repair, by and with the consent of the owner of other premises, he may temporarily use County water from such other premises. He shall, however, forthwith take steps to remedy the defects in his own water facilities, and if the water shall be cut off for the nonpayment of water or sewer service, the same shall not be construed to give the party any rights to use County water from the lot of another.

§ 5.1-36 Hydrants subject to freezing.

All hydrants connected in any way to the County waterworks which are used and so located as to be subject to freezing shall be of a frostproof type approved by the County. Any existing hydrants that do not meet this specification shall be changed at the expense of the landowner within 10 days from the date of receipt of the notice from the County to that effect.

§ 5.1-37 Disconnection of premises.

The County reserves the right to disconnect premises which are connected to the County waterworks from the County waterworks should it be evident to the County that the water is wasted or improperly used.

§ 5.1-38 Unauthorized restoration of water service.

If the water service to the premises of any person has been lawfully cut off, it shall be unlawful for any person to reconnect such premises to the County waterworks or to turn such water service on again without the express authority of the County.

§ 5.1-39 Water rates and charges policy.

A. Schedule. The County shall periodically and as necessary establish water rates. The rates outlined in the County’s water rates and charges policy shall apply to all individual units using water. For the purposes of this section, the term “unit” shall mean individual family quarters (apartments, mobile homes, duplexes, etc.) or an individual business, industrial or like establishment which requires separate water using facilities.

B. General billing criteria. All general billing criteria shall be as outlined in the County’s water rates and charges policy referred to in Subsection A of this section.