1/13/2012 5:14 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
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Agency Decision
Promulgating Board: | State Board of Health |
Regulatory Coordinator: | Douglas R. Harris (804)864-7001 doug.harris@vdh.virginia.gov |
Agency Contact: | Robert A. K. Payne Legal Affairs Manager (804)864-7498 rob.payne@vdh.virginia.gov |
Contact Address: | Department of Health 109 Governor St. Office of Drinking Water Richmond, VA 23219 |
Chapter Affected: | |
12 vac 5 - 590: | Waterworks Regulations |
Statutory Authority: |
State: 32.1-170 Federal: Federal Safe Drinking Water Act, as amended |
Date Petition Received | 08/31/2011 |
Petitioner | G. M. Loupassi, Member, Virginia House of Delegates |
The petitioner requests that the State Board of Health amend its regulations governing
cross connection control and backflow prevention, contained in Virginia's Waterworks
Regulations (12 VAC 5-590-580 et seq.). Currently, the regulations call for, in relevant
part, annual inspections of backflow prevention devices on individual homeowners'
lawn sprinkler systems. The petitioner suggests, in a letter to the Commissioner, that
a tiered system with lesser requirements for lower risk connections, such as individual
homeowners' lawn sprinkler systems, might be in order, while also recognizing that
"[p]erhaps there are solutions that I am unaware of. . . ." The petitioner writes
that "[g]iven the relatively low risk of contamination from such a source [lawn sprinkler
systems], combined with the onerous burden placed on homeowners with such systems,
I respectfully ask that you review these regulations and consider a tiered system,
with lesser requirements for lower risk connections."
Agency Plan
Following a 21-day public comment period, VDH will consider the petition in light
of any comments or information received.
Publication Date | 09/26/2011 (comment period will also begin on this date) |
Comment End Date | 10/16/2011 |
Take no action
Agency Response Date | 01/13/2012 |
It is the Board of Health's (Board) determination not to grant the Petition for Rulemaking.
The Board believes the current regulatory provisions are appropriate and protective
of public health.
The Board relied upon the following information in making its determination:
The Virginia Waterworks Regulations complies with the International Plumbing Code
(Sections 312.10.1 and 608.16.5) by requiring annual inspection/testing of backflow
prevention devices on irrigation systems to protect public health because of the high
degree of hazard associated with these systems. This practice is also supported by
the American Water Works Association Manual of Water Supply Practices, Recommended
Practice for Backflow Prevention and Cross-Connection Control.
Should a backflow prevention device fail on a homeowner's irrigation system, there
is nothing to prevent contaminants such as chemical fertilizers, pesticides, parasites,
animal feces and waterborne viruses from entering the resident's home and the entire
public drinking water system, creating a high risk to public health.
The Board received 19 public comments during the regulatory public comment period.
Eleven of the 19 comments came from public utilities and various plumbing and irrigation
companies in Virginia in support of the current regulations requiring annual inspection/testing
of irrigation systems. The remaining comments, predominantly from Chesterfield County
residents, supported less frequent inspection/testing.