Mission H₂O appreciates the opportunity to comment on the proposed revisions to the Virginia Department of Health (“VDH”) Waterworks Regulation. Mission H₂O is an informal stakeholder group focused on the management of Virginia’s water resources and, in particular, developments affecting water supply and water availability. Mission H₂O has a broad membership that ranges from municipal water providers and water supply professionals to manufacturers and agricultural operations. Many of our members operate in accordance with waterworks operating permits issued by VDH, and Mission H₂O is an active participant with the VDH-commissioned Waterworks Advisory Committee.

The Waterworks Regulations serve as an important component of assuring that citizens can obtain safe drinking water.  These regulations have not been comprehensively updated since 1993.  The changes that VDH is proposing are necessary and Mission H₂O supports the proposed revisions.  The changes have been reviewed and considered by numerous stakeholders since the time the amendment process was initiated in 2014.  Mission H₂O members have been active participants throughout this process, and appreciated the opportunity to work with VDH staff on the proposed revisions.

Safe Yield

During the regulatory development process, there was much discussion about the safe yield of surface water sources (12 VAC 5-590-830.A.2).  At the heart of the discussion was the question of the respective roles and responsibilities of VDH and the Virginia Department of Environmental Quality (“DEQ”) in determining source water availability and the authorized volume of withdrawal.  Mission H₂O supports VDH’s decision to retain this provision as currently drafted.  Entities subject to the waterworks regulation have the experience and expertise to develop the safe yield assessment required by the regulations and satisfy this requirement. 

The purpose of the Waterworks Regulation is to ensure that the citizens of Virginia have safe, reliable drinking water.  The regulation as drafted requires entities subject to the regulation to make a demonstration that their facility is able to safely and reliably provide drinking water. Broader questions regarding water rights, water withdrawal permitting and water allocation should be addressed outside the waterworks regulation.  Mission H₂O has suggested that a broader stakeholder group be convened to address these issues, and remains willing to participate in such a meeting with VDH and DEQ. 

Waterworks Advisory Committee   

Mission H₂O supports the inclusion of provisions regarding the Waterworks Advisory Committee (“WAC”) (12VAC5-590-45).  The WAC has been an important opportunity for stakeholder involvement in issues affecting drinking water providers.  Having industry experts with extensive experience provide input to VDH related processes assists VDH staff in identifying gaps in statutes, policies and regulations and making improvements to the waterworks program.   Mission H₂O would welcome the opportunity to have a representative serve on the WAC.

Definitions

The definition of “source water” found at 12 VAC 5590-10 appears to reference only surface water sources.  The definition should be revised to make clear that source water can be either surface water or groundwater.

Practical Implementation

As noted above, Mission H₂O supports the updates to the Waterworks Regulation, and agrees that they are needed for consistency with federal requirements and to more accurately reflect actual practice.  Nonetheless, the changes that are proposed are significant.  Mission H₂O urges VDH to take a practical approach to the implementation of these regulations.  Waterworks have enjoyed a collaborative working relationship with VDH, focused on the shared goal of ensuring Virginia’s citizens have safe and reliable drinking water.  Maintaining that focus as these regulations are implemented will be of critical importance. 

Fire Hydrants

Several of our members are concerned about the proposed amendment to 12 VAC 5-590-1170.A addressing fire hydrants.  Many fire hydrants include weep holes or drain holes, designed to provide an outlet for any residual water, preventing harm to the hydrant should it freeze.  Thus, plugging these holes creates a public health risk.  Mission H₂O requests that the existing language in 1170.A remain unchanged.    

Thank you again for the opportunity to provide comments on the proposed revisions to the waterworks regulation. Should you have any questions regarding these comments, please contact me at Andrea.Wortzel@troutman.com or (804) 697-1406.