{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-174.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-174.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-174.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-174.1.html"}],"law_id":69802,"edition_id":1,"section_id":69802,"structure_id":13459,"section_number":"32.1-174.1","catch_line":"Bonds of permit holders","history":"1980, c. 402; 2011, c. 502.","full_text":"A\n\nThe Board may by regulation require owners holding or issued permits for waterworks pursuant to this article, to post bonds or deposit funds to be placed in escrow.B\n\nThe Board or the governing body of a county, city or town in which a waterworks is located may request the circuit court having jurisdiction where the waterworks is located to order forfeiture of the owner’s bond or escrow account upon revocation of the Waterworks Operation Permit by the Board or Commissioner pursuant to § 32.1-174.\n\t\t\tIf the foregoing condition is met, the court shall order forfeiture of such bond or escrow account, in whole or in part, unless the court finds the forfeiture would result in manifest injustice.C\n\nIn addition to ordering such forfeiture, the court may, with the concurrence of the governing body of the county, city or town in which the waterworks is located, place the waterworks in receivership naming the county, city, or town, or any public service authority created by the county, city or town, as receiver.D\n\nAny sums forfeited pursuant to subsection B shall be paid in the amount of such forfeiture to the county, city or town in which the waterworks is located (i) if the county, city, or town, or a public service authority created by the county, city or town, initiates eminent domain proceedings for the condemnation of the waterworks within one year of the date of the order of forfeiture or (ii) if the county, city, town or public service authority operates the waterworks pursuant to a decree of an appropriate circuit court vesting receivership of the waterworks in the county, city, town or public service authority. If the governing body of the county, city, or town, or a public service authority created by the county, city or town, fails to initiate such condemnation proceedings within one year of the date of forfeiture of any bond or to accept receivership of the waterworks from the circuit court, the funds forfeited shall be paid to the general fund of the Commonwealth.E\n\nThe Board may adopt regulations for determining the amount of the bond or funds to be placed in escrow based upon the number of persons served, the number of connections served, the age and condition of the waterworks system infrastructure, the cost of maintaining, repairing, or replacing the waterworks system infrastructure, and the water supply capacity of the permit holder.F\n\nNo state, local or other governmental agency shall be required to post a bond or deposit funds. The Board may, by regulation, exempt classes of permit holders from such requirements if the Board determines such classes present no significant risks to public health and safety.G\n\nAn acceptable bond for the purposes of this section shall be a bond issued by a fidelity or surety company authorized to do business in Virginia, a personal bond secured by such collateral as the Board may require or a cash bond.","order_by":null,"text":{"0":{"id":252250,"text":"The Board may by regulation require owners holding or issued permits for waterworks pursuant to this article, to post bonds or deposit funds to be placed in escrow.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":252251,"text":"The Board or the governing body of a county, city or town in which a waterworks is located may request the circuit court having jurisdiction where the waterworks is located to order forfeiture of the owner’s bond or escrow account upon revocation of the Waterworks Operation Permit by the Board or Commissioner pursuant to § 32.1-174.\n\t\t\tIf the foregoing condition is met, the court shall order forfeiture of such bond or escrow account, in whole or in part, unless the court finds the forfeiture would result in manifest injustice.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":252252,"text":"In addition to ordering such forfeiture, the court may, with the concurrence of the governing body of the county, city or town in which the waterworks is located, place the waterworks in receivership naming the county, city, or town, or any public service authority created by the county, city or town, as receiver.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":252253,"text":"Any sums forfeited pursuant to subsection B shall be paid in the amount of such forfeiture to the county, city or town in which the waterworks is located (i) if the county, city, or town, or a public service authority created by the county, city or town, initiates eminent domain proceedings for the condemnation of the waterworks within one year of the date of the order of forfeiture or (ii) if the county, city, town or public service authority operates the waterworks pursuant to a decree of an appropriate circuit court vesting receivership of the waterworks in the county, city, town or public service authority. If the governing body of the county, city, or town, or a public service authority created by the county, city or town, fails to initiate such condemnation proceedings within one year of the date of forfeiture of any bond or to accept receivership of the waterworks from the circuit court, the funds forfeited shall be paid to the general fund of the Commonwealth.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":252254,"text":"The Board may adopt regulations for determining the amount of the bond or funds to be placed in escrow based upon the number of persons served, the number of connections served, the age and condition of the waterworks system infrastructure, the cost of maintaining, repairing, or replacing the waterworks system infrastructure, and the water supply capacity of the permit holder.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":252255,"text":"No state, local or other governmental agency shall be required to post a bond or deposit funds. The Board may, by regulation, exempt classes of permit holders from such requirements if the Board determines such classes present no significant risks to public health and safety.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":252256,"text":"An acceptable bond for the purposes of this section shall be a bond issued by a fidelity or surety company authorized to do business in Virginia, a personal bond secured by such collateral as the Board may require or a cash bond.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":13459,"edition_id":1,"name":"Public Water Supplies","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12941,"metadata":{},"date_created":"2026-06-26 03:44:56","date_modified":"2026-06-26 03:44:56","permalink":{"id":203723,"object_type":"structure","relational_id":13459,"identifier":"2","token":"32.1\/6\/2","url":"\/32.1\/6\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12941,"edition_id":1,"name":"Environmental Health Services","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":203563,"object_type":"structure","relational_id":12941,"identifier":"6","token":"32.1\/6","url":"\/32.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62333,"structure_id":13459,"section_number":"32.1-167","catch_line":"Definitions","url":"\/32.1-167\/","token":"32.1\/6\/2\/32.1-167","metadata":false},{"id":77424,"structure_id":13459,"section_number":"32.1-168","catch_line":"Exemptions","url":"\/32.1-168\/","token":"32.1\/6\/2\/32.1-168","metadata":false},{"id":85306,"structure_id":13459,"section_number":"32.1-169","catch_line":"Supervision by Board","url":"\/32.1-169\/","token":"32.1\/6\/2\/32.1-169","metadata":false},{"id":54899,"structure_id":13459,"section_number":"32.1-170","catch_line":"Regulations","url":"\/32.1-170\/","token":"32.1\/6\/2\/32.1-170","metadata":false},{"id":83159,"structure_id":13459,"section_number":"32.1-171","catch_line":"Technical assistance as to sources and purity","url":"\/32.1-171\/","token":"32.1\/6\/2\/32.1-171","metadata":false},{"id":54587,"structure_id":13459,"section_number":"32.1-171.1","catch_line":"Waterworks operation fee required; special fund established; certain technical assistance program to be provided","url":"\/32.1-171.1\/","token":"32.1\/6\/2\/32.1-171.1","metadata":false},{"id":61017,"structure_id":13459,"section_number":"32.1-171.2","catch_line":"Water Supply Assistance Grant Fund established","url":"\/32.1-171.2\/","token":"32.1\/6\/2\/32.1-171.2","metadata":false},{"id":75939,"structure_id":13459,"section_number":"32.1-172","catch_line":"Permit required","url":"\/32.1-172\/","token":"32.1\/6\/2\/32.1-172","metadata":false},{"id":87258,"structure_id":13459,"section_number":"32.1-172.1","catch_line":"Attendance by licensed operator","url":"\/32.1-172.1\/","token":"32.1\/6\/2\/32.1-172.1","metadata":false},{"id":67810,"structure_id":13459,"section_number":"32.1-173","catch_line":"Additional or amended permits","url":"\/32.1-173\/","token":"32.1\/6\/2\/32.1-173","metadata":false},{"id":67186,"structure_id":13459,"section_number":"32.1-173.1","catch_line":"Increase in charges to finance required changes","url":"\/32.1-173.1\/","token":"32.1\/6\/2\/32.1-173.1","metadata":false},{"id":78227,"structure_id":13459,"section_number":"32.1-174","catch_line":"Revocation of permits","url":"\/32.1-174\/","token":"32.1\/6\/2\/32.1-174","metadata":false},{"id":69802,"structure_id":13459,"section_number":"32.1-174.1","catch_line":"Bonds of permit holders","url":"\/32.1-174.1\/","token":"32.1\/6\/2\/32.1-174.1","metadata":false},{"id":73704,"structure_id":13459,"section_number":"32.1-174.2","catch_line":"Duties of electric utilities","url":"\/32.1-174.2\/","token":"32.1\/6\/2\/32.1-174.2","metadata":false},{"id":79341,"structure_id":13459,"section_number":"32.1-174.3","catch_line":"Appointment of receiver for certain private waterworks; grounds for such appointment; petition and hearing, etc","url":"\/32.1-174.3\/","token":"32.1\/6\/2\/32.1-174.3","metadata":false},{"id":66911,"structure_id":13459,"section_number":"32.1-174.4","catch_line":"Identification and elimination of chronically noncompliant waterworks","url":"\/32.1-174.4\/","token":"32.1\/6\/2\/32.1-174.4","metadata":false},{"id":87011,"structure_id":13459,"section_number":"32.1-174.5","catch_line":"Mandatory reporting of contaminant releases and equipment failures and malfunctions","url":"\/32.1-174.5\/","token":"32.1\/6\/2\/32.1-174.5","metadata":false},{"id":86295,"structure_id":13459,"section_number":"32.1-175","catch_line":"Emergency orders; appeal","url":"\/32.1-175\/","token":"32.1\/6\/2\/32.1-175","metadata":false},{"id":63724,"structure_id":13459,"section_number":"32.1-175.01","catch_line":"Issuance of special orders","url":"\/32.1-175.01\/","token":"32.1\/6\/2\/32.1-175.01","metadata":false},{"id":79723,"structure_id":13459,"section_number":"32.1-175.1","catch_line":"Notice to local government","url":"\/32.1-175.1\/","token":"32.1\/6\/2\/32.1-175.1","metadata":false},{"id":54420,"structure_id":13459,"section_number":"32.1-176","catch_line":"Penalty","url":"\/32.1-176\/","token":"32.1\/6\/2\/32.1-176","metadata":false}],"previous_section":{"id":78227,"structure_id":13459,"section_number":"32.1-174","catch_line":"Revocation of permits","url":"\/32.1-174\/","token":"32.1\/6\/2\/32.1-174","metadata":false},"next_section":{"id":73704,"structure_id":13459,"section_number":"32.1-174.2","catch_line":"Duties of electric utilities","url":"\/32.1-174.2\/","token":"32.1\/6\/2\/32.1-174.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-174.1\/","history_text":"

This law was first created in 1980. The record of its establishment is cataloged in chapter 402 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1980 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2011, chapter 502<\/a>.<\/p>","references":[{"id":62333,"section_number":"32.1-167","catch_line":"Definitions","order_by":null,"url":"\/32.1-167\/"},{"id":79341,"section_number":"32.1-174.3","catch_line":"Appointment of receiver for certain private waterworks; grounds for such appointment; petition and hearing, etc","order_by":null,"url":"\/32.1-174.3\/"}],"refers_to":[{"id":78227,"section_number":"32.1-174","catch_line":"Revocation of permits","order_by":null,"url":"\/32.1-174\/"}],"permalink":{"id":203773,"object_type":"law","relational_id":69802,"identifier":"32.1-174.1","token":"32.1\/6\/2\/32.1-174.1","url":"\/32.1-174.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-174.1\/","token":"32.1\/6\/2\/32.1-174.1","dublin_core":{"Title":"Bonds of permit holders","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-174.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> may by regulation require owners<\/span> holding or issued permits for waterworks<\/span> pursuant to this article, to post bonds<\/span> or deposit funds to be placed in escrow. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> or the governing body of a county, city or town in which a waterworks<\/span> is located may request the circuit<\/span> court<\/span> having jurisdiction<\/span> where the waterworks<\/span> is located to order<\/span> forfeiture of the owner<\/span>’s bond<\/span> or escrow account upon revocation<\/span> of the Waterworks<\/span> Operation Permit by the Board<\/span> or Commissioner<\/span> pursuant to § 32.1-174<\/a>.\n\t\t\tIf the foregoing condition is met, the court<\/span> shall order<\/span> forfeiture of such bond<\/span> or escrow account, in whole or in part, unless the court<\/span> finds the forfeiture would result in manifest injustice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In addition to ordering such forfeiture, the court<\/span> may, with the concurrence of the governing body of the county, city or town in which the waterworks<\/span> is located, place the waterworks<\/span> in receivership naming the county, city, or town, or any public service authority created by the county, city or town, as receiver. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any sums forfeited pursuant to subsection B shall be paid in the amount of such forfeiture to the county, city or town in which the waterworks<\/span> is located (i) if the county, city, or town, or a public service authority created by the county, city or town, initiates eminent domain proceedings for the condemnation of the waterworks<\/span> within one year of the date of the order<\/span> of forfeiture or (ii) if the county, city, town or public service authority operates the waterworks<\/span> pursuant to a decree<\/span> of an appropriate circuit<\/span> court<\/span> vesting receivership of the waterworks<\/span> in the county, city, town or public service authority. If the governing body of the county, city, or town, or a public service authority created by the county, city or town, fails to initiate such condemnation proceedings within one year of the date of forfeiture of any bond<\/span> or to accept receivership of the waterworks<\/span> from the circuit<\/span> court<\/span>, the funds forfeited shall be paid to the general fund of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Board<\/span> may adopt regulations for determining the amount of the bond<\/span> or funds to be placed in escrow based upon the number of persons<\/span> served, the number of connections served, the age and condition of the waterworks<\/span> system infrastructure, the cost of maintaining, repairing, or replacing the waterworks<\/span> system infrastructure, and the water supply<\/span> capacity of the permit holder. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No state, local or other governmental agency shall be required to post a bond<\/span> or deposit funds. The Board<\/span> may, by regulation, exempt classes of permit holders from such requirements if the Board<\/span> determines such classes present no significant risks to public health and safety. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> An acceptable bond<\/span> for the purposes of this section shall be a bond<\/span> issued by a fidelity or surety<\/span> company authorized to do business in Virginia, a personal bond<\/span> secured by such collateral<\/span> as the Board<\/span> may require or a cash bond<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBONDS OF PERMIT HOLDERS (\u00a7 32.1-174.1)\n\nA. The Board may by regulation require owners holding or issued permits for\nwaterworks pursuant to this article, to post bonds or deposit funds to be placed\nin escrow.\n\nB. The Board or the governing body of a county, city or town in which a\nwaterworks is located may request the circuit court having jurisdiction where\nthe waterworks is located to order forfeiture of the owner’s bond or\nescrow account upon revocation of the Waterworks Operation Permit by the Board\nor Commissioner pursuant to § 32.1-174.\n\t\t\tIf the foregoing condition is met, the court shall order forfeiture of such\nbond or escrow account, in whole or in part, unless the court finds the\nforfeiture would result in manifest injustice.\n\nC. In addition to ordering such forfeiture, the court may, with the concurrence\nof the governing body of the county, city or town in which the waterworks is\nlocated, place the waterworks in receivership naming the county, city, or town,\nor any public service authority created by the county, city or town, as\nreceiver.\n\nD. Any sums forfeited pursuant to subsection B shall be paid in the amount of\nsuch forfeiture to the county, city or town in which the waterworks is located\n(i) if the county, city, or town, or a public service authority created by the\ncounty, city or town, initiates eminent domain proceedings for the condemnation\nof the waterworks within one year of the date of the order of forfeiture or (ii)\nif the county, city, town or public service authority operates the waterworks\npursuant to a decree of an appropriate circuit court vesting receivership of the\nwaterworks in the county, city, town or public service authority. If the\ngoverning body of the county, city, or town, or a public service authority\ncreated by the county, city or town, fails to initiate such condemnation\nproceedings within one year of the date of forfeiture of any bond or to accept\nreceivership of the waterworks from the circuit court, the funds forfeited shall\nbe paid to the general fund of the Commonwealth.\n\nE. The Board may adopt regulations for determining the amount of the bond or\nfunds to be placed in escrow based upon the number of persons served, the number\nof connections served, the age and condition of the waterworks system\ninfrastructure, the cost of maintaining, repairing, or replacing the waterworks\nsystem infrastructure, and the water supply capacity of the permit holder.\n\nF. No state, local or other governmental agency shall be required to post a bond\nor deposit funds. The Board may, by regulation, exempt classes of permit holders\nfrom such requirements if the Board determines such classes present no\nsignificant risks to public health and safety.\n\nG. An acceptable bond for the purposes of this section shall be a bond issued by\na fidelity or surety company authorized to do business in Virginia, a personal\nbond secured by such collateral as the Board may require or a cash bond.\n\nHISTORY: 1980, c. 402; 2011, c. 502.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}