Bill Text: VA HB1460 | 2017 | Regular Session | Prefiled
Bill Title: Private wells; Stafford County authorized to regulate.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-02-07 - Left in Health, Welfare and Institutions [HB1460 Detail]
Download: Virginia-2017-HB1460-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §32.1-176.4 of the Code of Virginia is amended and reenacted as follows:
§32.1-176.4. Powers and duties of Board and Department; regulations; fees.
A. The Board shall adopt regulations pertaining to the
location and construction of private wells in the Commonwealth. These
regulations shall include minimum storage capacity and yield requirements for
residential drinking wells. The certified water well systems provider shall
certify the storage capacity and the yield of the well on a form provided by
the Department at the time the well is completed. The Department shall enforce
the provisions of this article and any rules and regulations adopted pursuant
thereto. However, for private wells located in the Counties of Fairfax,
Goochland, James City, Loudoun, Powhatan,
and Prince William, and Stafford
and the City of Suffolk, the governing body of such county or city may, by
ordinance, establish standards which are consistent with Board standards
pertaining to location and testing of water therefrom and more stringent than
those adopted by the Board pertaining to construction and abandonment. However,
any county or city granted these additional powers shall not require
certification for drillers of monitoring wells and any recovery wells
associated with such monitoring wells.
B. A fee of $40 shall be charged for filing an application for a private well construction permit with the Department. Funds received in payment of such charges shall be transmitted to the Comptroller for deposit. The funds from the fees shall be credited to a special fund to be appropriated by the General Assembly, as it deems necessary, to the Department for the purpose of carrying out the provisions of this title. The Board, in its regulations, shall establish a procedure for the waiver of fees for persons whose incomes are below the federal poverty guidelines established by the United States Department of Health and Human Services or when the application is for replacement of a well. If the Department denies the permit for land on which the applicant seeks to construct his principal place of residence, then such fee shall be refunded to the applicant.
From such funds as are appropriated to the Department from the special fund, the Board shall apportion a share to the local or district health departments to be allocated in the same ratios as provided for the operation of such health departments pursuant to §32.1-31. Such funds shall be transmitted to the local or district health departments on a quarterly basis.
C. The Board's regulations shall provide for the issuance of an express geothermal permit allowing, upon proper registration and payment of application fees, the construction of wells used solely for a closed loop geothermal heating system. The express geothermal permit shall include:
1. A requirement that all well construction be performed by a person holding a valid, appropriate contractor license with water well classification pursuant to Chapter 11 (§54.1-1100 et seq.) of Title 54.1;
2. A requirement that the contractor provide a registration statement to the Department prior to beginning construction of the geothermal heating system certifying that the location and construction of the geothermal heating system will comply with the private well regulations;
3. A requirement that the registration statement accurately identify the property location, the owner's name, address, and contact information, and the contractor's name, address, and contact information;
4. A requirement that the registration statement include a detailed site plan, drawn to scale, showing the location of the geothermal heating system and any potential sources of contamination;
5. A provision that construction of the geothermal heating system may begin immediately upon submittal of a proper registration statement; and
6. A provision that a single application and a single fee be required for any geothermal well system. The fee will be equal to the fee for a single private well.