The Virginia Chapter of the American Backflow Prevent Association (ABPA-VA) STRONGLY SUPPORTS continued regulation of Backflow Prevention Device Workers (BDW) by DPOR. Waterworks across the state are conducting risk and resilience studies, which identify backflow preventers as critical infrastructure, making it inconceivable that a DPOR sponsored study would consider deregulation of BDW.  Deregulating or eliminating any part of DPOR licensing for BDWs would be unconscionably reckless, as it would endanger the public health, put waterworks at great risk, and would undermine numerous laws and codes intended to protect Virginian’s and their drinking water supply systems.

Backflow preventer testing and maintenance is a life-safety and public health issue. A functional backflow prevention assembly is often the only defense against chemical, microbial, and radiological contamination of a drinking water supply. The only way to know a backflow preventer is functional is through proper testing, which often reveals the need for maintenance or repair of these critical systems. A single failing backflow preventer can allow contamination, impacting dozens, hundreds, or even thousands of people using the same water system. Innumerable case studies and lawsuits show that drinking water contamination results in poisonings, acute illness, long-term diseases, virulent communicable diseases, birth defects, internal injuries, and even deaths. In addition to the damage to people’s lives and the associated health costs, contamination can result in a temporary loss of water use for entire communities, requiring "BOIL WATER NOTICES" or “DO NOT DRINK" notifications. Repair or replacement of waterworks infrastructure and/or private plumbing systems is an additional cost, since some contaminants cannot be removed from pipes by flushing. Disruption of Virginia’s critical infrastructure and the loss of productivity can compound these losses. Deregulation would multiply these issues by sheer numbers, as many Virginia localities may have thousands of backflow preventers. A contamination event could also lead to a loss of public confidence in their water & their government. This has often shown to be the case in States who have experienced water quality debacles, in recent years.

ABPA VA supports the Virginia Department of Health Waterworks Regulations, which require backflow assemblies to be tested at regular intervals; and we agree with the proposed VDH regulatory revision which will require BDW’s to obtain a DPOR license by January 1, 2022. Backflow prevention and testing are critical components of the laws, requirements, standards, and recommendations of many regulatory and advisory bodies, including: the U.S. Environmental Protection Agency (US EPA), the American Water Works Association (AWWA), the American Society of Sanitary Engineers (ASSE), the International Code Council (ICC), the Virginia Plumbing Code (VPC) and Maintenance Code (VMC), the Foundation for Cross Connection Control and Hydraulic Research at the University of California (FCCCHR-USC), etc.

Backflow contamination is preventable, when backflow preventers are tested and maintained by qualified BDWs. But the proliferation of backflow testers in Virginia simply precludes local vetting & qualification by localities. Often, waterworks owners and Authorities Having Jurisdiction are insufficiently staffed or funded to attempt even a portion of DPOR’s vetting practices. In addition, deregulation would necessitate numerous local programs, creating inconsistency and requiring testers to hold multiple licenses for the localities they serve. Private or local regulation could miss key elements of qualifying testers, and shortcomings of personnel or budgets could further reduce their effectiveness. Local regulations could also result in a myriad of other unintended consequences, while raising testing expenses for consumers, due to varying standards in each locality. Unregulated industries generally have a sore lack of quality, consistency and accountability. Simply put, water quality and the public health are too important to jeopardize by deregulation, which makes thorough vetting & ongoing certification crucial.

Fortunately, a streamlined system is already in place. DPOR provides a thorough, single source for tester qualification. ABPA VA cannot overemphasize the importance of DPOR’s role of BDW certification and licensing, which helps ensure the protection of Virginia’s drinking water systems. Eliminating DPOR regulation would move public health and water quality protection backwards, undoing years of progress toward standardizing the backflow testing & maintenance industry. In addition, the DPOR process of qualifying BDWs works well. DPOR verifies experience, requires a passing grade on a challenging exam of technical & ethical requirements, and ensures certification(s) are obtained, prior to issuing a license. DPOR also provides a single source for consumers and enforcement officials to report improper or unethical practices by BDWs. ABPA VA recommends for DPOR to continue regulating backflow testers as they have been doing. The importance of having qualified BDWs for life safety and public health cannot be overstated, and deregulation should not be considered in the future.