                                 CODE OF VIRGINIA

WATER AND SEWER CONNECTIONS; EXCEPTIONS (§ 15.2-5137)

A. Upon or after the acquisition or construction of any water system or sewer
system under the provisions of this chapter, the owner, tenant, or occupant of
each lot or parcel of land (i) which abuts a street or other public right of way
which contains, or is adjacent to an easement containing, a water main or a
water system, or a sanitary sewer which is a part of or which is or may be
served by such sewer system and (ii) upon which a building has been constructed
for residential, commercial or industrial use, shall, if so required by the
rules and regulations or a resolution of the authority, with concurrence of the
locality in which the land is located, connect the building with the water main
or sanitary sewer, and shall cease to use any other source of water supply for
domestic use or any other method for the disposal of sewage, sewage waste or
other polluting matter. All such connections shall be made in accordance with
rules and regulations adopted by the authority, which may provide for a
reasonable charge for making such a connection. A private water company which
purchases water from a regional authority for sale or delivery to or within a
municipality may impose a charge for connection to the water company&#8217;s
system in the same manner, and subject to the same restrictions, as an authority
may impose for connection to its water system, subject to the approval of the
State Corporation Commission.

B. Notwithstanding any other provision of this chapter, those persons having a
domestic supply or source of potable water shall not be required to discontinue
the use of such water. However, persons not served by a water supply system, as
defined in &#xA7; 15.2-2149, producing potable water meeting the standards
established by the Virginia Department of Health may be required to pay a
connection fee, a front footage fee, and a monthly nonuser service charge, which
charge shall not be more than that proportion of the minimum monthly user
charge, imposed by the authority, as debt service bears to the total operating
and debt service costs, or any combination of such fees and charges. In York
County and James City County, the monthly nonuser fee may be as provided by
general law or not more than 85 percent of the minimum monthly user charge
imposed by the authority, whichever is greater.

C. Notwithstanding any other provision of this chapter, those persons having a
private septic system or domestic sewage system meeting applicable standards
established by the Virginia Department of Health shall not be required under
this chapter to discontinue the use of such system. However, such persons may be
required to pay a connection fee, a front footage fee, and a monthly nonuser
service charge, which charge shall not be more than that proportion of the
minimum monthly user charge, imposed by the authority, as debt service bears to
the total operating and debt service costs, or any combination of such fees and
charges.

D. Persons who have obtained exemption from or deferral of taxation pursuant to
an ordinance authorized by &#xA7; 58.1-3210 may be exempted or deferred by the
authority from paying any charges and fees authorized by subsection C, to the
same extent as the exemption from or deferral of taxation pursuant to such
ordinance.

E. Water and sewer connection fees established by any authority shall be fair
and reasonable. Such fees shall be reviewed by the authority periodically and
shall be adjusted, if necessary, to assure that they continue to be fair and
reasonable. Nothing herein shall affect existing contracts with bondholders
which are in conflict with any of the foregoing provisions.

HISTORY: Code 1950, § 15-764.23; 1950, p. 1326; 1962, c. 623, § 15.1-1261;
1970, c. 617; 1980, c. 603; 1982, cc. 562, 567; 1984, c. 552; 1987, c. 75; 1997,
cc. 12, 587; 2011, c. 642.