Thank you for the opportunity to provide comments on the Need to Continue Regulation of Select Professions/Occupations. I was surprised to see the Backflow Device Worker (BDW) included on this JLARC recommended list. Their own findings acknowledge that the State Code includes the following: “State statute clearly indicates that the state should not restrict access to any occupation unless it is necessary for the protection or preservation of the health, safety, and welfare of the public (§ 54.1-100). These occupations do not meet the criteria, and regulation of these occupations could be reduced or eliminated through legislation”.  A backflow prevention assembly’s sole purpose is to provide protection for our potable drinking water supply from contamination or pollution, and the BDW is our front line of defense to ensure that these assemblies are working correctly. 

DPOR’s own definition in the State statute clearly states the importance of the duties of the BDW: "Backflow prevention device worker" means any individual who engages in, or offers to engage in, the maintenance, repair, testing, or periodic inspection of cross connection control devices, including but not limited to reduced pressure principle backflow preventers, double check-valve assemblies, double-detector check-valve assemblies, pressure type vacuum breaker assemblies, and other such devices designed, installed, and maintained in such a manner so as to prevent the contamination of the potable water supply by the introduction of nonpotable liquids, solids, or gases, thus ensuring that the potable water supply remains unaltered and free from impurities, odor, discoloration, bacteria, and other contaminants which would make the potable water supply unfit or unsafe for consumption and use (§ 54.1-1128). 

Under the provisions of the Safe Drinking Water Act, the Federal Government has established through the Environmental Protection Agency (EPA), the national standards of safe drinking water, and their opening statement of the EPA Cross Connection Control Manual states: “Plumbing cross connections, which are defined as actual or potential connections between a potable and non-potable water supply, constitute a serious public health heath hazard”.  It further elaborates that “control of cross connections is possible, but only through knowledge and vigilance. Education is essential, for even those who are experienced in piping installations fail to recognize cross connection possibilities and dangers”.

Knowing these facts, it is difficult to understand how a conclusion that this profession does not meet the criteria of being necessary for the protection or preservation of the health, safety, and welfare of the public.  History is full of documented cases of backflow incidents which have allowed public drinking water supplies to be contaminated.  Each time there is a substantial reduction in water system pressure, such as the case during distribution pipe breaks, firefighting, or mechanical failure, there is a potential to cause a backflow event which can allow contaminated water to enter our drinking water supply. We should all want to ensure that these backflow prevention assemblies that are designed to prevent these and other types of contamination from entering our water supply are tested and kept in good working condition by a properly trained and certified individual.  We should not entrust this vital role to an uncertified or unregulated individual. 

The Virginia Department of Health recognizes the need for the certified BDW.  So much so that the newly proposed Waterworks Regulations will make this certification a requirement for all individuals whom perform backflow preventer assembly work when it becomes enacted.  If anything, the DPOR should not only continue to require this certification, but rather should also begin requiring some degree of continued education hours so that this crucial role continues to be performed by qualified, experienced, and technically efficient personnel.