{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-174.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-174.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-174.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-174.5.html"}],"law_id":87011,"edition_id":1,"section_id":87011,"structure_id":13459,"section_number":"32.1-174.5","catch_line":"Mandatory reporting of contaminant releases and equipment failures and malfunctions","history":"2025, cc. 631, 672.","full_text":"A\n\nAs used in this section:\n\t\t\t“Contaminant release” means an unplanned or uncontrolled release by a waterworks of a chemical contaminant or petroleum or synthetic oil into the water that is treated by or distributed from the waterworks to customers. “Contaminant release” includes any such release at treatment facilities and raw or finished water pump stations.\n\t\t\t“Critical equipment failure or malfunction” means any equipment failure or malfunction that has significant potential for serious adverse effects on human health as a result of short-term exposure or to cause a widespread disruption of water service.\n\t\t\t“Equipment failure” means an unplanned condition when the equipment cannot perform or is unable to perform as designed because of a problem with such equipment. “Equipment failure” does not mean a planned (i) removal from service, (ii) repair, or (iii) maintenance.\n\t\t\t“Equipment malfunction” means an unplanned condition during which the equipment cannot perform or is unable to perform as designed due to a problem originating from outside the waterworks rather than a problem associated or originating with the equipment itself, including an issue with third-party provided gas or electric power feeds or a cyberattack.\n\t\t\t“Monthly operating report” means the report submitted by a waterworks to the Office at least once each month that describes the waterworks’ operational status and compliance with applicable laws, regulations, and policies, as directed by the Department.\n\t\t\t“Noncritical equipment failure or malfunction” means an equipment failure or malfunction that is not a critical equipment failure or malfunction, regardless of whether such anomaly is noticeable to customers of the waterworks.\n\t\t\t“Office” means the Department’s Office of Drinking Water.B\n\nThe owner of a waterworks shall report any critical equipment failure or malfunction or contaminant release to the Office as soon as practicable but no more than two hours after discovery.C\n\nAny owner of a waterworks that is required to submit a monthly operating report to the Office shall include any noncritical equipment failure or malfunction that could adversely affect water quality, public health, or service continuity that occurred during the applicable reporting month and was not resolved by the reporting deadline. For the purposes of this subsection, any noncritical equipment failure or malfunction that is effectively addressed by equipment repair or replacement, alternative equipment use, alternative system operation, or such other response shall be considered resolved.","order_by":null,"text":{"0":{"id":311534,"text":"As used in this section:\n\t\t\t“Contaminant release” means an unplanned or uncontrolled release by a waterworks of a chemical contaminant or petroleum or synthetic oil into the water that is treated by or distributed from the waterworks to customers. “Contaminant release” includes any such release at treatment facilities and raw or finished water pump stations.\n\t\t\t“Critical equipment failure or malfunction” means any equipment failure or malfunction that has significant potential for serious adverse effects on human health as a result of short-term exposure or to cause a widespread disruption of water service.\n\t\t\t“Equipment failure” means an unplanned condition when the equipment cannot perform or is unable to perform as designed because of a problem with such equipment. “Equipment failure” does not mean a planned (i) removal from service, (ii) repair, or (iii) maintenance.\n\t\t\t“Equipment malfunction” means an unplanned condition during which the equipment cannot perform or is unable to perform as designed due to a problem originating from outside the waterworks rather than a problem associated or originating with the equipment itself, including an issue with third-party provided gas or electric power feeds or a cyberattack.\n\t\t\t“Monthly operating report” means the report submitted by a waterworks to the Office at least once each month that describes the waterworks’ operational status and compliance with applicable laws, regulations, and policies, as directed by the Department.\n\t\t\t“Noncritical equipment failure or malfunction” means an equipment failure or malfunction that is not a critical equipment failure or malfunction, regardless of whether such anomaly is noticeable to customers of the waterworks.\n\t\t\t“Office” means the Department’s Office of Drinking Water.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":311535,"text":"The owner of a waterworks shall report any critical equipment failure or malfunction or contaminant release to the Office as soon as practicable but no more than two hours after discovery.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":311536,"text":"Any owner of a waterworks that is required to submit a monthly operating report to the Office shall include any noncritical equipment failure or malfunction that could adversely affect water quality, public health, or service continuity that occurred during the applicable reporting month and was not resolved by the reporting deadline. For the purposes of this subsection, any noncritical equipment failure or malfunction that is effectively addressed by equipment repair or replacement, alternative equipment use, alternative system operation, or such other response shall be considered resolved.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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; 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This law was first created in 2025. The record of its establishment is cataloged in chapters 631<\/a> and 672<\/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":false,"permalink":{"id":203789,"object_type":"law","relational_id":87011,"identifier":"32.1-174.5","token":"32.1\/6\/2\/32.1-174.5","url":"\/32.1-174.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-174.5\/","token":"32.1\/6\/2\/32.1-174.5","dublin_core":{"Title":"Mandatory reporting of contaminant releases and equipment failures and malfunctions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-174.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Contaminant release<\/span>” means an unplanned or uncontrolled release by a waterworks<\/span> of a chemical contaminant or petroleum or synthetic oil into the water that is treated by or distributed from the waterworks<\/span> to customers. “Contaminant release<\/span>” includes any such release at treatment facilities and raw or finished water pump stations.\n\t\t\t“Critical equipment failure or malfunction<\/span>” means any equipment failure or malfunction that has significant potential for serious adverse effects on human health as a result of short-term exposure or to cause a widespread disruption of water service.\n\t\t\t“Equipment failure” means an unplanned condition when the equipment cannot perform or is unable to perform as designed because of a problem with such equipment. “Equipment failure” does not mean a planned (i) removal from service, (ii) repair, or (iii) maintenance.\n\t\t\t“Equipment malfunction<\/span>” means an unplanned condition during which the equipment cannot perform or is unable to perform as designed due to a problem originating from outside the waterworks<\/span> rather than a problem associated or originating with the equipment itself, including an issue<\/span> with third-party<\/span> provided gas or electric power feeds or a cyberattack.\n\t\t\t“Monthly operating report<\/span>” means the report submitted by a waterworks<\/span> to the Office<\/span> at least once each month that describes the waterworks<\/span>’ operational status and compliance with applicable laws<\/span>, regulations, and policies, as directed by the Department<\/span>.\n\t\t\t“Noncritical equipment failure or malfunction<\/span>” means an equipment failure or malfunction that is not a critical equipment failure or malfunction<\/span>, regardless of whether such anomaly is noticeable to customers of the waterworks<\/span>.\n\t\t\t“Office<\/span>” means the Department<\/span>’s Office<\/span> of Drinking Water. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The owner<\/span> of a waterworks<\/span> shall report any critical equipment failure or malfunction<\/span> or contaminant release<\/span> to the Office<\/span> as soon as practicable but no more than two hours after discovery<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any owner<\/span> of a waterworks<\/span> that is required to submit a monthly operating report<\/span> to the Office<\/span> shall include any noncritical equipment failure or malfunction<\/span> that could adversely affect water quality, public health, or service continuity that occurred during the applicable reporting month and was not resolved by the reporting deadline. For the purposes of this subsection, any noncritical equipment failure or malfunction<\/span> that is effectively addressed by equipment repair or replacement, alternative equipment use, alternative system operation, or such other response shall be considered resolved. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMANDATORY REPORTING OF CONTAMINANT RELEASES AND EQUIPMENT FAILURES AND\nMALFUNCTIONS (\u00a7 32.1-174.5)\n\nA. As used in this section:\n\t\t\t“Contaminant release” means an unplanned or uncontrolled release\nby a waterworks of a chemical contaminant or petroleum or synthetic oil into the\nwater that is treated by or distributed from the waterworks to customers.\n“Contaminant release” includes any such release at treatment\nfacilities and raw or finished water pump stations.\n\t\t\t“Critical equipment failure or malfunction” means any equipment\nfailure or malfunction that has significant potential for serious adverse\neffects on human health as a result of short-term exposure or to cause a\nwidespread disruption of water service.\n\t\t\t“Equipment failure” means an unplanned condition when the\nequipment cannot perform or is unable to perform as designed because of a\nproblem with such equipment. “Equipment failure” does not mean a\nplanned (i) removal from service, (ii) repair, or (iii) maintenance.\n\t\t\t“Equipment malfunction” means an unplanned condition during which\nthe equipment cannot perform or is unable to perform as designed due to a\nproblem originating from outside the waterworks rather than a problem associated\nor originating with the equipment itself, including an issue with third-party\nprovided gas or electric power feeds or a cyberattack.\n\t\t\t“Monthly operating report” means the report submitted by a\nwaterworks to the Office at least once each month that describes the\nwaterworks’ operational status and compliance with applicable laws,\nregulations, and policies, as directed by the Department.\n\t\t\t“Noncritical equipment failure or malfunction” means an equipment\nfailure or malfunction that is not a critical equipment failure or malfunction,\nregardless of whether such anomaly is noticeable to customers of the waterworks.\n\t\t\t“Office” means the Department’s Office of Drinking Water.\n\nB. The owner of a waterworks shall report any critical equipment failure or\nmalfunction or contaminant release to the Office as soon as practicable but no\nmore than two hours after discovery.\n\nC. Any owner of a waterworks that is required to submit a monthly operating\nreport to the Office shall include any noncritical equipment failure or\nmalfunction that could adversely affect water quality, public health, or service\ncontinuity that occurred during the applicable reporting month and was not\nresolved by the reporting deadline. For the purposes of this subsection, any\nnoncritical equipment failure or malfunction that is effectively addressed by\nequipment repair or replacement, alternative equipment use, alternative system\noperation, or such other response shall be considered resolved.\n\nHISTORY: 2025, cc. 631, 672.","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}}