Appomattox County, Virginia

Code of Ordinances

153-A Morton Lane
PO Box 863
Appomattox, VA 24522
(434) 352-2637

Article IV – Solid Waste Collection

[Adopted 3-10-1978 as Ch. 10 of the 1978 Code, as amended through 5-21-2012 (Ch. 139, Art. I, of the 1993 Code)]

§ 5.2-1 Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

DISPOSAL

The storage, collection, disposal or handling of solid waste.

GARBAGE

All animal, vegetable and mineral wastes resulting from the handling, preparation, cooking or consumption of food and beverage and including, but not limited to, cans, bottles, food containers, paper containers and cardboard containers.

INDUSTRIAL WASTE

All solid waste resulting from manufacturing and industrial processes such as, but not limited to, those carried on in factories, processing plants, refineries, slaughterhouses and steel mills.

RESIDENTS

Those persons residing in the County.

RUBBISH

All other solid wastes not included in the term “garbage,” and includes but is not limited to large metal objects, wood and brush and building demolition or other nonputrescible solid wastes.

SOLID WASTE

All refuse, except body wastes, and shall include garbage and rubbish.

WASTE MANAGEMENT AND RECYCLE FACILITY

A facility that deals with solid waste by minimizing, separating, recycling and transferring.

§ 5.2-2 Preparation of garbage for collection.

All garbage shall be drained free of liquids before being placed in the storage containers.

§ 5.2-3 Use of waste management and recycle facility containers.

A. Containers shall be provided by the Board of Supervisors for the disposal of garbage and recycling for the express use of County residents.

B. Contract residential haulers must transport their solid waste directly to a permitted landfill. Commercial establishments may only dispose of solid waste into said containers according to the following rules:

(1) Not more than one disposal per week, the volume of which shall not exceed the area of the bed of a standard (eight-foot) pickup truck.

(2) Unlimited disposal of recyclable materials, but the volume of disposal at each visit shall not exceed the area of the bed of a standard (eight-foot) pickup truck.

(3) The individual disposing of said solid waste must sign a register at each visit.

(4) Recyclable materials must be separated from other solid waste.

(5) Only the convenience center located nearest the site of the commercial establishment may be utilized for said solid waste disposal.

C. It shall be unlawful for any person to place dead animals, manure, rubbish, stumps, brush, tires, or explosives in any solid waste container located in the County of Appomattox.

D. It shall be unlawful for any person to litter in or around or place anything outside any solid waste container located in Appomattox County.

E. It shall be unlawful to salvage in or around any container site or dumpster.

§ 5.2-4 Collection practices.

A. Place of collection. Containers shall, for the purpose of collection, be placed at ground level and be made readily accessible to the collector.

B. Frequency of collection. Containers shall be collected on an as-needed basis by the County.

C. Collection vehicles. It shall be unlawful to collect, haul, transport or convey garbage except in enclosed vehicles or containers.

D. Rights to use of Appomattox County Waste Management and Recycle Facility. The residents of the Town of Appomattox and the Town of Pamplin City will have the same right to use of the Appomattox County Waste Management and Recycle Facility as any other County resident.

E. Tire collection program.

(1) Tires will be accepted for disposal only at the Appomattox County Waste Management and Recycle Facility.

(2) Only passenger or light pickup tires will be accepted.

(3) Any individual disposing of tires must be a resident of Appomattox County and may only dispose of a maximum of eight tires within any fiscal year (July 1 to June 30) period.

§ 5.2-5 Unlawful disposal, operation and transportation activities; place of licensing.

A. It shall be unlawful to dump, store, burn, bury, destroy or otherwise dispose of garbage within the limits of the County except at the County-approved solid waste disposal site or sites or at those sites and containers so approved by the County and permitted by the Virginia Department of Health.

B. It shall be unlawful to establish, maintain or operate an unregulated, unlicensed dump or landfill within Appomattox County, Virginia.

C. It shall be unlawful for any person or entity to transport any garbage, trash or refuse from outside the territorial boundaries of Appomattox County for disposal at a site within the territorial boundaries of Appomattox County without having a proper permit or license issued by Appomattox County as prescribed below (Subsection D). Any compacted and/or baled material must be able to be readily examined and inspected by manual means of County officials for the purposes of determining if such garbage, trash and/or refuse contains hazardous substances.

D. The place of licensing will be the Office of Building Inspections, and fees for licenses will be $1,000 per licensed and approved acre with a minimum license fee of $5,000. The subject license is renewable annually on the anniversary date of original licensing date.

§ 5.2-6 Violations and penalties.

Violation of this article shall constitute a Class 1 misdemeanor. Each day that a person violates this article shall constitute a separate offense, and such violation shall additionally be subject to injunctive relief in a state court of competent jurisdiction.

§ 5.2-7 Use of County Waste Management and Recycle Facility.

A. All tires brought to the Appomattox County Waste Management and Recycle Facility will be billed according to current tire charges.

B. Only waste generated in Appomattox County will be accepted at the Appomattox County Waste Management and Recycle Facility.

C. County residents shall be allowed to deposit an unlimited amount of solid waste and recycle materials generated at their own residence at the Appomattox County Waste Management and Recycle Facility.

(1) Large loads (dumps or loads which cannot be unloaded by hand) will not be accepted.

(2) Animals are not accepted.

(3) Stumps are not accepted.

D. Fee collection details will be as prescribed by the landfill administration office.

E. The Town of Pamplin City’s commercial carrier is exempt from the requirements of this article, provided that this carrier only picks up solid waste within the corporate limits of Pamplin City.

§ 5.2-8 Nonresidential solid waste report.

* [Amended 8-16-2010]

A. All County nonresidential solid waste generators and companies that manage solid waste or recycle materials generated within the County shall file a completed data report on a form obtained from the office of the waste management facility pursuant to § 15.2-939 of the Code of Virginia (Ordinances requiring recycling reports).

B. The report shall contain such nonproprietary information regarding waste generation, waste management and recycling necessary to facilitate compliance with the regulations of the Virginia Waste Management Board. The report shall be based on volume or weight, provided that where such measurement cannot be accurately determined, the report may be based on carefully estimated data.

C. The report for the preceding calendar year shall be filed annually at the office of the waste management facility at 146 Recycle Lane, Appomattox, Virginia, on or before January 31. The report shall be signed by an owner, officer or partner of the entity required to make such filing.

 

Article III – Cross-Connections and Backflow Prevention

[Adopted 12-5-2011 (Ch. 143 of the 1993 Code)]

§ 5.1-40 Purpose.

The purpose of this article is to abate or control actual or potential cross-connections and protect the public health. This article 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 article is directed at service line protection (containment).

§ 5.1-41 Authority.

The County of Appomattox, authorized under §§ 32.1-12 and 32.1-170 of the Code of Virginia and pursuant to the Waterworks Regulations in the Administrative Code, 12 VAC 5-590-580 et seq., hereby establishes a program of cross-connection control and backflow prevention for the waterworks.

§ 5.1-42 Administration.

A. The County of Appomattox, or its designee, shall administer and enforce the provisions of this article under the direction of the County Administrator or designee.

B. It shall be the duty of the County of Appomattox 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 County of Appomattox in a Cross-Connection Control Program (program) approved by the Commonwealth of Virginia, Department of Health, Office of Drinking Water.

C. The responsibility to carry out the program lies with the County Administrator or designee.

§ 5.1-43 Enforcement; violations and penalties.

A. Upon request, the owner or occupants of property served shall furnish to the County Administrator or designee 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 article 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 and 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 article or 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 article, or any written order of the County Administrator or designee 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 nor more than $500 for each violation. Each day upon which a violation of the provisions of this article shall occur shall be deemed a separate and additional violation for the purposes of this article.

§ 5.1-44 General responsibilities of County and property owner.

Effective cross-connection control and backflow prevention require the cooperation of both the County of Appomattox and the Town of Appomattox, their respective authorized officials and agents, the property owners, and the backflow prevention device tester.

A. The program shall be carried out in accordance with the Commonwealth of Virginia, State Board of Health, Waterworks Regulations and shall as a minimum provide containment of potential contaminants at the consumer’s service connection.

B. The County of Appomattox or designee 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 owner of the property served and the County of Appomattox have shared responsibility for water quality and for the construction, maintenance, and operation of the consumer’s water supply system from the service connection to the free flowing outlet.

D. The County of Appomattox shall, to the extent of its 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 the requirement, if necessary, of installation of a backflow prevention device or separation. Assessments shall be performed at least annually.

E. In the event of the backflow of pollution or contamination into the waterworks, the County of Appomattox or designee shall promptly take or cause corrective action to confine and eliminate the pollution or contamination. The County of Appomattox or designee shall report to the appropriate Commonwealth of Virginia, Department of Health, Office of Drinking Water field office 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 and effects, and preventative or control measures required or taken.

F. The County of Appomattox 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 20 psi gauge, the County of Appomattox 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 County of Appomattox or designee.

G. In order to protect the occupants of a premises, the County Administrator or designee 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. An 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 a health or pollutional hazard to the consumer’s water supply system or to the waterworks.

H. Records of backflow prevention devices, separations, and consumers’ water supply systems, including inspection records, records of backflow incidents, and records of device tests, shall be maintained by the County of Appomattox or designee for 10 years.

§ 5.1-45 Responsibilities of consumer’s water supply system owner.

A. The consumer’s water supply system owner(s), at his own 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 County of Appomattox within 30 days of completion of testing or work. Such testing or work shall have been performed by device testers who 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.

§ 5.1-46 Preventative and control measures for containment.

A. Service line protection. A 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 County of Appomattox or designee, 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 County of Appomattox or designee.

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 exist:

(1) Premises on which any substance is handled in such a manner as to create an 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 County of Appomattox, 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 requirements 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 County of Appomattox where cause can be shown that a potential cross-connection hazard not enumerated above exists.

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 20 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 Subsection B, Special conditions, serving, 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, and waterfront facilities.

(4) Sewage treatment plants, sewage pumping stations, or stormwater 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 and irrigation systems.

(12) Fire service systems.

(13) Slaughterhouses 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 (four or more stories).

(21) Multi-use commercial, office, or warehouse facilities.

(22) Others specified by the County of Appomattox or designee 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 Subsection B, Special conditions.

§ 5.1-47 Type of protection required.

The type of protection required shall depend on the degree of hazard which exists or may exist. 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 back pressure 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. Table 1 shall be used as a guide to determine the degree of hazard for any situation.

A. 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 back pressure.

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

C. Pressure vacuum breakers will not protect against back pressure 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.

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

E. Barometric loops are not acceptable.

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

§ 5.1-48 Backflow prevention devices and backflow prevention by separation for containment.

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 effective opening of a potable water outlet unless the outlet is a distance less than three times the effective opening away from a wall or similar vertical 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 County of Appomattox and in accordance with the University of Southern California Foundation for 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, in place prior to the effective date of this article, may be subsequently approved by the County of Appomattox and shall be excluded from the requirements of Subsections C and D, except for inspection, testing, and maintenance requirements, if the County of Appomattox is assured that the devices will protect the waterworks.

F. For the purpose of application to § 5.1-46B(2), point of use isolation devices or separations shall be as specified by the County of Appomattox 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.

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.

§ 5.1-49 Maintenance and inspection requirements.

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 § 5.1-46 in good working order and to make no piping or other arrangements for the purpose of bypassing or defeating backflow prevention devices or separations.

B. Operational testing and inspection schedules shall be established by the County of Appomattox as outlined in the Cross-Connection Control Program for all backflow prevention devices and separations which are installed at the service connection or installed under § 5.1-46B, Special conditions. 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 one 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.

§ 5.1-50 Definitions.

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

AIR GAP

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

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

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”)

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”)

Any approved device intended to prevent backflow into a waterworks.

BACK PRESSURE BACKFLOW

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

BACKSIPHONAGE BACKFLOW

Backflow caused by a reduction in pressure which causes a partial vacuum creating a siphon effect.

CONSUMER

Person who drinks water from a waterworks.

CONSUMER’S WATER SUPPLY SYSTEM (“CONSUMER’S SYSTEM”)

The water service pipe, water distributing pipes, and necessary connecting pipes, fittings, control valves, and all appurtenances in or adjacent to the building or premises.

CONTAINMENT

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

Any objectionable or hazardous physical, chemical, biological, or radiological substance or matter in water.

CROSS-CONNECTION

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

DEGREE OF HAZARD

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 back pressure 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

A water main whose primary purpose is to provide treated water to service connections.

DOMESTIC USE OR USAGE

Normal family or household use, including drinking, laundering, bathing, cooking, heating, cleaning and flushing toilets (see Title 32.1, Chapter 6, Article 2, Code of Virginia, as amended).

DOUBLE GATE – DOUBLE CHECK VALVE ASSEMBLY

An approved assembly designed to prevent backsiphonage or back pressure backflow and used for moderate or low 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

The place where water from the source is delivered to the distribution system.

HEALTH HAZARD

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

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 or zone isolation.”

MAXIMUM CONTAMINANT LEVEL

The maximum permissible level of a 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 volatile organic compounds (VOCs), where the maximum permissible level is measured at each entry 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

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 therefrom 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

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

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

PREMISES

A piece of real estate; house or building and its land.

PRESSURE VACUUM BREAKER

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 valves; an independently operating, spring-loaded air inlet valve; tightly closing shutoff valves located at each end of the assembly; and fitted with properly located test cocks.

PROCESS FLUIDS

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:

A. Polluted or contaminated water;

B. Process waters;

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

D. Cooling waters;

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

F. Chemicals in solution or suspension; and

G. 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

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 the minimum health requirements of the persons served.

REDUCED-PRESSURE-PRINCIPLE BACKFLOW PREVENTION DEVICE (RPZ DEVICE)

An approved assembly designed to prevent backsiphonage or back pressure 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

A. 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.

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

SYSTEM HAZARD

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

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

WATER SUPPLY

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 waters above the point of intake of such waterworks.

WATERWORKS

A system that serves piped water for drinking or domestic use to the public, at least 15 connections, or 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, Chapter 6, Article 2, Code of Virginia, as amended).

WATERWORKS OWNER

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, Chapter 6, Article 2, Code of Virginia, as amended).

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.

 

Article I – Water Shortages or Emergencies

[Adopted 2-17-2009 (Ch. 68 of the 1993 Code)]

§ 5.1-1 Authority to declare water shortage or emergency.

A. During the continued existence of climatic, hydrological and other extraordinary conditions, the protection of the health, safety and welfare of the residents of Appomattox County may require that certain uses of water, not essential to public health, safety and welfare, be reduced, restricted or curtailed. As the shortage of raw or potable water becomes increasingly more critical, conservation measures to reduce consumption or curtail nonessential water use may be necessary.

B. The County Administrator is authorized to declare a water shortage or emergency in the County restricting the use of water in any area of the County. All drought response stages are built upon and require compliance with previous stages. For example, when a water shortage or emergency is declared, all provisions of a drought warning are in effect. Also the County Administrator may declare any of the three stages. They do not have to be declared sequentially.

§ 5.1-2 Publication of declaration.

Upon the declaration of a water shortage or emergency, the County Administrator shall immediately post a written notice of the drought at the front door of the County Administration Building and shall place a notice in a newspaper of general circulation in the area in which such drought has been declared.

§ 5.1-3 Water use considerations.

Upon the declaration of a water shortage or emergency, the County Administrator is authorized and directed to implement conservation measures by ordering the restricted use or absolute curtailment of the use of water for certain nonessential purposes for the duration of the water shortage or emergency in the manner hereinafter set out. In exercising this discretionary authority, and making the determinations set forth herein, the County Administrator shall give due consideration to the following elements: precipitation levels, river flows, and groundwater levels; daily water consumption and consumption projections of residents; prevailing and forecast weather conditions; supplementary source data; estimates of minimum essential supplies to preserve public health and safety; and such other data pertinent to the past, current and projected water demands.

§ 5.1-4 Exceptions.

The provisions of this article shall not apply to any governmental activity, institution, business or industry which shall be declared by the County Administrator, upon a proper showing, to be necessary for the public health, safety and welfare or the prevention of severe economic hardship or the substantial loss of employment. Any activity, institution, business or industry aggrieved by the finding of the County Administrator may appeal that decision to the County Board of Supervisors.

§ 5.1-5 Water conservation measures.

Upon a determination by the County Administrator of the existence of the following conditions, the County Administrator shall take the following actions that shall apply to any person whose water supply is furnished by a locality, authority or company distributing water for a fee or charge:

A. Drought watch. When a drought watch is declared in accordance with the Drought Response and Contingency Plan, the County Administrator shall, through appropriate means, call upon the general population to employ prudent restraint in water usage and to conserve water voluntarily by whatever methods available.

B. Drought warning. When a drought warning is declared in accordance with the Drought Response and Contingency Plan, the County Administrator shall order curtailment of less essential usages of water, including but not limited to one or more of the following:

(1) The watering of shrubbery, trees, lawns, grass, plants, or any other vegetation, except indoor plantings and greenhouse or nursery stocks and except limited watering for new lawns and watering by commercial nurseries of freshly planted plants upon planting and once a week for five weeks following planting. Athletic fields are also exempt but shall only be watered to match the evaporation-transpiration rate. In all cases where the above exceptions apply, the watering is not to occur between the hours of 8:00 a.m. and 8:00 p.m. Watering with buckets that have a capacity of five or fewer gallons is permitted at any time.

(2) The washing of automobiles, trucks, trailers, boats, buses, airplanes, or any other type of mobile equipment, except in facilities operating with a water recycling system. The facility shall post a notice in public view that a recycling system is in operation. Exceptions are for vactor trucks, refuse trucks, septage haulers and buses. Other exceptions must be approved by the County Administrator or a designee and be demonstrated to be necessary for health and safety purposes.

(3) The washing of sidewalks, streets, driveways, parking lots, service station aprons, office buildings, exteriors of homes or apartments, or other outdoor surfaces, unless the use is approved by the County Administrator for health and safety.

(4) The operation of any ornamental fountain or other structure making a similar use of water.

(5) Restaurants may serve water to customers only upon request.

C. Drought emergency. When a water shortage or emergency is declared in accordance with the Drought Response and Contingency Plan, the County Administrator shall restrict the use of water to purposes which are absolutely essential to life, health and safety.

§ 5.1-6 Violations and penalties.

A. Any person who violates any provision of this article shall be subject to the following civil penalties:

(1) For the first offense, violators shall receive a written warning delivered in person or posted by a representative of the County.

(2) For the second offense, violators shall be fined $50, the fine to be imposed in a written notice.

(3) For the third and each subsequent offense, violators shall be fined $100 for each offense, the fine to be imposed in a written notice.

B. Each violation by a person shall be counted as a separate violation by that person, irrespective of the location at which the violation occurs.

C. Persons who have been assessed a penalty shall have the right to challenge the assessment by providing a written notice to the County Administrator within 10 days of the date of the assessment of the penalty. The County Administrator or designee shall determine whether the penalty was properly assessed and notify the complaining person in writing of the determination.

D. The County Administrator or designee may waive the penalty if he determines that the violation occurred due to no fault of the person.

§ 5.1-7 Notification of end of water emergency.

The County Administrator shall notify the Board of Supervisors when the water emergency situation no longer exists. Upon concurrence of the Board of Supervisors, the water emergency shall be declared to have ended. When this declaration is made, the information shall be conveyed to the general public through the news media.