{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-174.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-174.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-174.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-174.3.html"}],"law_id":79341,"edition_id":1,"section_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","history":"2003, c. 458.","full_text":"A\n\nIn addition to the remedies provided in \u00a7 32.1-27 and this chapter for civil and criminal penalties and injunctive or other relief, the Commissioner may petition the circuit court for the jurisdiction in which any private waterworks is located for the appointment of a receiver for such waterworks in accordance with the provisions of this section. Such petition may be filed at any time that the Commissioner finds that the waterworks is unable or unwilling to provide adequate and safe service for any of the following reasons:1\n\nThe waterworks can no longer be depended upon to furnish pure water;2\n\nThe waterworks has inadequate capacity to furnish pure water to its customers;3\n\nThe owner has failed to comply with an order issued by the Commissioner;4\n\nThe owner has abandoned the waterworks and has discontinued supplying pure water to his customers;5\n\nThe owner is subject to a forfeiture order pursuant to § 32.1-174.1; or6\n\nThe Commissioner has issued an emergency order because there is an imminent danger to the public health and welfare resulting from the operation of the waterworks or the source of the water supply.B\n\nUpon the filing of a petition for appointment of a receiver for a private waterworks, the court shall hold a hearing within 10 days, at which time the Commissioner and the owner of the waterworks may present evidence. The court may grant the petition if it finds any one or more of the conditions identified in subsection A and the court further finds that the conditions will not be remedied and that the health and welfare of the owner’s customers will not be protected unless the petition is granted.C\n\nUpon appointment the receiver shall take possession of the assets of the waterworks and shall operate the waterworks in the best interests of the customers. The receiver shall have such powers and duties to operate and manage the waterworks as the court may grant and direct, including the filing of such reports as the court may direct and the power to receive, conserve, protect, and disburse funds; further, the provisions of Article 1 (§ 8.01-582 et seq.) of Chapter 22 of Title 8.01 shall apply, mutatis mutandis.\n\t\t\tThe court may grant injunctive relief as it deems appropriate to the Commissioner or the receiver either in conjunction with or subsequent to the granting of a petition for appointment of a receiver under this section.D\n\nControl of and responsibility for the waterworks shall remain in the receivership until the waterworks can, in the best interest of the customers, be returned to the owner, transferred to a new owner, or otherwise configured as the court may determine to be in the best interests of the public and the customers.E\n\nThe court may terminate the receivership on the motion of the Commissioner, the receiver, or the owner, upon finding, after a hearing, that the conditions initiating the petition for the appointment of a receiver have been eliminated or resolved. Within 30 days after such termination, the receiver shall file a complete report of his activities with the court, including an accounting for all property of which he took possession and all funds collected.\n\t\t\tA receiver appointed pursuant to this section shall be an officer of the court, shall not be liable for the conditions of the waterworks that existed prior to his receivership, and shall not be personally liable, except for his own gross negligence or intentional acts, to injuries or damage to property relating to the waterworks during his receivership.\n\t\t\tThis subsection shall not, however, be construed to relieve any owner of any duty imposed by law or of any civil or criminal liability incurred by reasons of any act or omission of such owner.","order_by":null,"text":{"0":{"id":284042,"text":"In addition to the remedies provided in \u00a7 32.1-27 and this chapter for civil and criminal penalties and injunctive or other relief, the Commissioner may petition the circuit court for the jurisdiction in which any private waterworks is located for the appointment of a receiver for such waterworks in accordance with the provisions of this section. Such petition may be filed at any time that the Commissioner finds that the waterworks is unable or unwilling to provide adequate and safe service for any of the following reasons:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":284043,"text":"The waterworks can no longer be depended upon to furnish pure water;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":284044,"text":"The waterworks has inadequate capacity to furnish pure water to its customers;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":284045,"text":"The owner has failed to comply with an order issued by the Commissioner;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":284046,"text":"The owner has abandoned the waterworks and has discontinued supplying pure water to his customers;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":284047,"text":"The owner is subject to a forfeiture order pursuant to § 32.1-174.1; or","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":284048,"text":"The Commissioner has issued an emergency order because there is an imminent danger to the public health and welfare resulting from the operation of the waterworks or the source of the water supply.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":284049,"text":"Upon the filing of a petition for appointment of a receiver for a private waterworks, the court shall hold a hearing within 10 days, at which time the Commissioner and the owner of the waterworks may present evidence. The court may grant the petition if it finds any one or more of the conditions identified in subsection A and the court further finds that the conditions will not be remedied and that the health and welfare of the owner’s customers will not be protected unless the petition is granted.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":284050,"text":"Upon appointment the receiver shall take possession of the assets of the waterworks and shall operate the waterworks in the best interests of the customers. The receiver shall have such powers and duties to operate and manage the waterworks as the court may grant and direct, including the filing of such reports as the court may direct and the power to receive, conserve, protect, and disburse funds; further, the provisions of Article 1 (§ 8.01-582 et seq.) of Chapter 22 of Title 8.01 shall apply, mutatis mutandis.\n\t\t\tThe court may grant injunctive relief as it deems appropriate to the Commissioner or the receiver either in conjunction with or subsequent to the granting of a petition for appointment of a receiver under this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"9":{"id":284051,"text":"Control of and responsibility for the waterworks shall remain in the receivership until the waterworks can, in the best interest of the customers, be returned to the owner, transferred to a new owner, or otherwise configured as the court may determine to be in the best interests of the public and the customers.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"10":{"id":284052,"text":"The court may terminate the receivership on the motion of the Commissioner, the receiver, or the owner, upon finding, after a hearing, that the conditions initiating the petition for the appointment of a receiver have been eliminated or resolved. Within 30 days after such termination, the receiver shall file a complete report of his activities with the court, including an accounting for all property of which he took possession and all funds collected.\n\t\t\tA receiver appointed pursuant to this section shall be an officer of the court, shall not be liable for the conditions of the waterworks that existed prior to his receivership, and shall not be personally liable, except for his own gross negligence or intentional acts, to injuries or damage to property relating to the waterworks during his receivership.\n\t\t\tThis subsection shall not, however, be construed to relieve any owner of any duty imposed by law or of any civil or criminal liability incurred by reasons of any act or omission of such owner.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-174.3\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 458<\/a> 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.<\/p>","references":false,"refers_to":[{"id":69802,"section_number":"32.1-174.1","catch_line":"Bonds of permit holders","order_by":null,"url":"\/32.1-174.1\/"},{"id":59474,"section_number":"32.1-27","catch_line":"Penalties, injunctions, civil penalties and charges for violations","order_by":null,"url":"\/32.1-27\/"},{"id":63701,"section_number":"8.01-582","catch_line":"Appointment of general receivers; their duties; audit of funds","order_by":null,"url":"\/8.01-582\/"}],"permalink":{"id":203781,"object_type":"law","relational_id":79341,"identifier":"32.1-174.3","token":"32.1\/6\/2\/32.1-174.3","url":"\/32.1-174.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-174.3\/","token":"32.1\/6\/2\/32.1-174.3","dublin_core":{"Title":"Appointment of receiver for certain private waterworks; grounds for such appointment; petition and hearing, etc","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-174.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to the remedies provided in \u00a7 32.1-27<\/a> and this chapter for civil and criminal penalties and injunctive or other relief, the Commissioner<\/span> may petition<\/span> the circuit<\/span> court<\/span> for the jurisdiction<\/span> in which any private waterworks<\/span> is located for the appointment of a receiver for such waterworks<\/span> in accordance with the provisions of this section. Such petition<\/span> may be filed at any time that the Commissioner<\/span> finds that the waterworks<\/span> is unable or unwilling to provide adequate and safe service for any of the following reasons: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The waterworks<\/span> can no longer be depended upon to furnish pure water<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The waterworks<\/span> has inadequate capacity to furnish pure water<\/span> to its customers; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The owner<\/span> has failed to comply with an order<\/span> issued by the Commissioner<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The owner<\/span> has abandoned the waterworks<\/span> and has discontinued supplying pure water<\/span> to his customers; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The owner<\/span> is subject to a forfeiture order<\/span> pursuant to § 32.1-174.1<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The Commissioner<\/span> has issued an emergency order<\/span> because there is an imminent danger to the public health and welfare resulting from the operation of the waterworks<\/span> or the source of the water supply<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon the filing of a petition<\/span> for appointment of a receiver for a private waterworks<\/span>, the court<\/span> shall hold a hearing<\/span> within 10 days, at which time the Commissioner<\/span> and the owner<\/span> of the waterworks<\/span> may present evidence<\/span>. The court<\/span> may grant the petition<\/span> if it finds any one or more of the conditions identified in subsection A and the court<\/span> further finds that the conditions will not be remedied and that the health and welfare of the owner<\/span>’s customers will not be protected unless the petition<\/span> is granted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon appointment the receiver shall take possession<\/span> of the assets<\/span> of the waterworks<\/span> and shall operate the waterworks<\/span> in the best interests of the customers. The receiver shall have such powers and duties to operate and manage the waterworks<\/span> as the court<\/span> may grant and direct, including the filing of such reports as the court<\/span> may direct and the power to receive, conserve, protect, and disburse funds; further, the provisions of Article 1 (§ 8.01-582<\/a> et seq.) of Chapter 22 of Title 8.01 shall apply, mutatis mutandis<\/span>.\n\t\t\tThe court<\/span> may grant injunctive relief as it deems appropriate to the Commissioner<\/span> or the receiver either in conjunction with or subsequent to the granting of a petition<\/span> for appointment of a receiver under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Control of and responsibility for the waterworks<\/span> shall remain in the receivership until the waterworks<\/span> can, in the best interest of the customers, be returned to the owner<\/span>, transferred to a new owner<\/span>, or otherwise configured as the court<\/span> may determine to be in the best interests of the public and the customers. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The court<\/span> may terminate the receivership on the motion<\/span> of the Commissioner<\/span>, the receiver, or the owner<\/span>, upon finding<\/span>, after a hearing<\/span>, that the conditions initiating the petition<\/span> for the appointment of a receiver have been eliminated or resolved. Within 30 days after such termination, the receiver shall file a complete report of his activities with the court<\/span>, including an accounting for all property of which he took possession<\/span> and all funds collected.\n\t\t\tA receiver appointed pursuant to this section shall be an officer of the court<\/span>, shall not be liable for the conditions of the waterworks<\/span> that existed prior to his receivership, and shall not be personally liable, except for his own gross negligence<\/span> or intentional acts, to injuries or damage to property relating to the waterworks<\/span> during his receivership.\n\t\t\tThis subsection shall not, however, be construed to relieve any owner<\/span> of any duty imposed by law<\/span> or of any civil or criminal liability incurred by reasons of any act or omission of such owner<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPOINTMENT OF RECEIVER FOR CERTAIN PRIVATE WATERWORKS; GROUNDS FOR SUCH\nAPPOINTMENT; PETITION AND HEARING, ETC (\u00a7 32.1-174.3)\n\nA. In addition to the remedies provided in \u00a7 32.1-27 and this chapter for civil\nand criminal penalties and injunctive or other relief, the Commissioner may\npetition the circuit court for the jurisdiction in which any private waterworks\nis located for the appointment of a receiver for such waterworks in accordance\nwith the provisions of this section. Such petition may be filed at any time that\nthe Commissioner finds that the waterworks is unable or unwilling to provide\nadequate and safe service for any of the following reasons:\n\n 1. The waterworks can no longer be depended upon to furnish pure water;\n\n 2. The waterworks has inadequate capacity to furnish pure water to its\n customers;\n\n 3. The owner has failed to comply with an order issued by the Commissioner;\n\n 4. The owner has abandoned the waterworks and has discontinued supplying pure\n water to his customers;\n\n 5. The owner is subject to a forfeiture order pursuant to § 32.1-174.1;\n or\n\n 6. The Commissioner has issued an emergency order because there is an imminent\n danger to the public health and welfare resulting from the operation of the\n waterworks or the source of the water supply.\n\nB. Upon the filing of a petition for appointment of a receiver for a private\nwaterworks, the court shall hold a hearing within 10 days, at which time the\nCommissioner and the owner of the waterworks may present evidence. The court may\ngrant the petition if it finds any one or more of the conditions identified in\nsubsection A and the court further finds that the conditions will not be\nremedied and that the health and welfare of the owner’s customers will not\nbe protected unless the petition is granted.\n\nC. Upon appointment the receiver shall take possession of the assets of the\nwaterworks and shall operate the waterworks in the best interests of the\ncustomers. The receiver shall have such powers and duties to operate and manage\nthe waterworks as the court may grant and direct, including the filing of such\nreports as the court may direct and the power to receive, conserve, protect, and\ndisburse funds; further, the provisions of Article 1 (§ 8.01-582 et seq.)\nof Chapter 22 of Title 8.01 shall apply, mutatis mutandis.\n\t\t\tThe court may grant injunctive relief as it deems appropriate to the\nCommissioner or the receiver either in conjunction with or subsequent to the\ngranting of a petition for appointment of a receiver under this section.\n\nD. Control of and responsibility for the waterworks shall remain in the\nreceivership until the waterworks can, in the best interest of the customers, be\nreturned to the owner, transferred to a new owner, or otherwise configured as\nthe court may determine to be in the best interests of the public and the\ncustomers.\n\nE. The court may terminate the receivership on the motion of the Commissioner,\nthe receiver, or the owner, upon finding, after a hearing, that the conditions\ninitiating the petition for the appointment of a receiver have been eliminated\nor resolved. Within 30 days after such termination, the receiver shall file a\ncomplete report of his activities with the court, including an accounting for\nall property of which he took possession and all funds collected.\n\t\t\tA receiver appointed pursuant to this section shall be an officer of the\ncourt, shall not be liable for the conditions of the waterworks that existed\nprior to his receivership, and shall not be personally liable, except for his\nown gross negligence or intentional acts, to injuries or damage to property\nrelating to the waterworks during his receivership.\n\t\t\tThis subsection shall not, however, be construed to relieve any owner of any\nduty imposed by law or of any civil or criminal liability incurred by reasons of\nany act or omission of such owner.\n\nHISTORY: 2003, c. 458.","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}}