As used in this chapter, unless otherwise defined, words and terms are the same as those in § 32.1-167 of the Code of Virginia or in 12VAC5-590-10 (Waterworks Regulations) and shall have the following meanings unless the context clearly indicates otherwise:

"Board" means the State Board of Health.

"Commissioner" means the State Health Commissioner who is the executive officer of the State Board of Health.

"Community waterworks" means a waterworks that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

"Consecutive waterworks" means a waterworks that receives some or all of its finished water from one or more waterworks. Consecutive waterworks may provide additional treatment to finished water. Delivery may be through a direct connection or through the distribution system of one or more consecutive waterworks.

"Customer account" means (i) a metered or unmetered potable water service connection to the customer that is billed in any way by the waterworks owner or (ii) where any community waterworks sends no billing, the customer accounts shall be defined as equal to the population served divided by four. 2.8.

"Department" means the Virginia Department of Health.

"Due" means received or postmarked by the stated date.

"Fiscal year" means the year from July 1 to June 30.

"Noncommunity waterworks" means a waterworks that is not a community waterworks but operates at least 60 days out of the year.

"Non-payment" means any fee owed to the Virginia Department of Health's Waterworks Technical Assistance Fund that is 60 days or greater past due.

"Nontransient noncommunity waterworks" or "NTNC" means a waterworks that is not a community waterworks and that regularly serves at least 25 of the same persons over six months out of the year. When used in the context of an NTNC, "regularly serves" means four or more hours per day, for four or more days per week, for 26 or more weeks per year.

"Owner" means an individual, group of individuals, partnership, firm, association, institution, corporation, governmental entity, or the federal government that supplies or proposes to supply water to any person within this Commonwealth from or by means of any waterworks.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, or instrumentality thereof.

"Public Water System Identification Number" or "PWSID" means a unique identifying number used by the Virginia Department of Health that is specific to each waterworks.

"Service connection" means the point of delivery of finished water from a waterworks to a customer's consumer's building service line water system, fire protection system, irrigation system, and to all other points where finished water is delivered through the distribution system to a consumer. Generally, the service connection occurs at the water meter, or at the distribution main if no water meter is installed, or in the case of an owner of both the waterworks and the building supplied, the point of entry into the building. Service connections may be permanent, temporary, or emergency. 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; or

3. When the waterworks owner is also the building owner, the service connection is the entry point to the building.

"Transient noncommunity waterworks" or "TNC" means a noncommunity waterworks that is not a nontransient noncommunity waterworks (NTNC). A TNC serves at least 25 persons daily for at least 60 days out of the year.

"Waterworks" means a system that serves piped water for human consumption to at least 15 service connections or 25 or more individuals for at least 60 days out of the year. "Waterworks" includes all structures, equipment and appurtenances used in the storage, collection, purification, treatment and distribution of pure potable water except the piping and fixtures inside the building where such water is delivered.

"Wholesale waterworks" means a waterworks that treats source water as necessary to produce potable water and then delivers some or all of that potable water to another waterworks. Delivery may be through a direct connection or through the distribution system or one or more consecutive waterworks.

The regulation establishes a waterworks operation fee schedule where the number of customer accounts of a community waterworks is the basis for assessing charges to the community waterworks. The fee schedule for nontransient noncommunity waterworks is based on the waterworks being classified as a nontransient noncommunity waterworks. A waterworks owner shall pay the waterworks operation fee according to the appropriate fee schedule, based on the waterworks' classification as a community waterworks, nontransient noncommunity waterworks, transient noncommunity waterworks, or wholesale waterworks pursuant to this chapter. No owner shall pay a waterworks operation fee pursuant to this chapter of more than $160,000 per year per waterworks Public Water System Identification Number , nor is it the intent that an owner be charged this fee on water transferred to another waterworks.

The provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) shall govern the promulgation and administration of this chapter.

The commissioner may enforce this chapter through any means lawfully available including, but not limited to, the revocation of the waterworks operation permit (see pursuant to § 32.1-174 of the Code of Virginia).

A. An annual waterworks operation fee, not to exceed $160,000, shall be charged as of July 1 of each fiscal year to the owner of each community waterworks in an amount as follows:

For each fiscal year: the number of customer accounts multiplied by no more than $3.00 , the department shall assess the owner of each community waterworks an annual waterworks operation fee, not to exceed $160,000 per PWSID. The department shall calculate the fee by multiplying the number of customer accounts for each community waterworks, as identified by the waterworks' PWSID, by no more than $3.00. For purposes of performing this calculation, the fee shall be based on the highest number of customer accounts for the waterworks in the 12 months preceding July 1.

B. The owner shall pay the assessed fee shall be paid to the department and be due as follows:

1. If the fee established in subsection A of this section is $400 $1,600 or less, the owner shall pay the fee shall be due in a lump sum on no later than August 1;

2. If the fee established in subsection A of this section is more than $400 $1,600, the owner shall pay the fee shall be due in a lump sum or in equal quarterly installments each year as follows:

a. No earlier than July 1 and no later than August 1—The lump sum or first quarterly installment.

b. No later than November 1—The second quarterly installment.

c. No later than February 1—The third quarterly installment.

d. No later than May 1—The fourth quarterly installment.

C. Data verification. The number of customer accounts will shall be based on the best available data stored in department databases for a maximum period of six 12 months prior to the close of business on June 30 July 1. each Every year , as provided by the owner or chief administrative officer of the waterworks shall provide updated data to the department. This Data verification shall be provided to the department by the owner of for each community waterworks at the address specified in 12VAC5-600-100 and is due by no later than August 1 of each year with the appropriate payment.

A. For each fiscal year, the department shall assess the owner of each wholesale waterworks that has fewer than 15 customer accounts with non-waterworks an annual waterworks operation fee in the amount of $2,500 per PWSID. The department shall consider a wholesale waterworks that has 15 or more customer accounts with non-waterworks as a community waterworks only for purposes of determining the fee to be assessed under this chapter and shall assess an annual waterworks operation fee pursuant to 12VAC5-600-50.

B. For a wholesale waterworks that has fewer than 15 customer accounts with non-waterworks, the owner shall pay the assessed fee to the department no later than August 1 of each year. For a wholesale waterworks that has 15 or more customer accounts with non-waterworks, the owner shall pay the assessed fee to the department in accordance with the schedule set forth in 12VAC5-600-50.

A. An annual waterworks operation fee shall be charged as of July 1 of each fiscal year to the owner of each NTNC waterworks. For each fiscal year, an amount of no more than $90 per NTNC waterworks shall be assessed. the department shall assess the owner of each NTNC an annual waterworks operation fee in the amount of $120 per PWSID.

B. The owner shall pay the assessed fee shall be due to the department every November 1 no later than August 1 of each year.

A. For each fiscal year, the department shall assess the owner of each TNC an annual waterworks operation fee in the amount of $60 per PWSID.

B. The owner shall pay the assessed fee to the department no later than August 1 of each year.

The department will shall send to each waterworks owner a payment form/data verification notice as prescribed by the department Waterworks Operation Fee - Invoice/Data Verification Notice on or before July 1 of each year. Failure to receive this the notice does shall not relieve the owner of the responsibility of the owner from providing to provide payments or data verification.

The fees established in 12VAC5-600-50 and, 12VAC5-600-55, 12VAC5-600-60, and 12VAC5-600-65 are nonrefundable but are credited to any new owner of the same waterworks.

(Repealed.)Customer accounts through which water is sold or delivered to another waterworks are exempted from the fee calculated in 12VAC5-600-50.

The department shall charge a convenience fee, at the prevailing credit vendor convenience fee rate, for use of a credit card form of payment. Payments An owner shall make a non-electronic payment are to be made payable to: VDH - Waterworks Technical Assistance Fund . and sent to:

Virginia Department of Health

Office of Drinking Water

Madison Building, 6th Floor

109 Governor Street, Room 622

Richmond, Virginia 23219

In addition to the powers in 12VAC5-600-40, operation :

1. Operation fees not received or postmarked by the due date shall be subject to interest, administrative charges, and late penalty fees in accordance with § 2.2-4805 of the Code of Virginia.

2. The department may take any or all of the following actions in response to an owner's non-payment of fees due pursuant to this chapter:

a. Limit the technical assistance provided to a waterworks to the state's legal requirements pursuant to the Safe Drinking Water Act;
b. Limit or restrict any waterworks' access to loans, grants, or services provided by the department;
c. Collect financial records regarding the operations of the waterworks; and
d. Require the submission of a Waterworks Business Operation Plan.

Waterworks Operation Fee - Invoice/Data Verification Notice - less than $400 (rev. 8/14)

Waterworks Operation Fee - Invoice/Data Verification Notice - $400 or more (rev. 8/14 8/22)