                                 CODE OF VIRGINIA

PRIVATE WELL AND PUBLIC WATER SUPPLY WELL TESTING NEAR COAL ASH PONDS;
MONITORING (§ 32.1-176.8:1)

A. For each private well or public water supply well within 1.5 miles of any
coal ash pond, the utility shall commission a well water test on or before July
1, 2021, on behalf of the owner of the well. The test shall be conducted by a
company certified to perform such tests by the Virginia Environmental Laboratory
Accreditation Program. The utility shall recommend a certified laboratory to
perform the test, but the owner of the well may elect to have an independent
certified laboratory perform the test. Such test shall, at a minimum, test for
alkalinity (bicarbonate), alkalinity (carbonate), alkalinity (total), aluminum,
antimony, arsenic, barium, beryllium, boron, cadmium, calcium, chloride,
chromium (hexavalent), chromium (total), cobalt, copper, iron, lead, lithium,
magnesium, manganese, mercury, molybdenum, nickel, potassium, radium (total
alpha), radium-228, radium (radium-226 and radium-228 combined), selenium,
sodium, strontium, sulfate, thallium, thorium, vanadium, zinc, and total
dissolved solids. The utility shall pay the reasonable costs of such testing.

B. The utility shall commission a test as required by subsection A for each
private well or public water supply well (i) once per year during each of the
five years following the approval by DEQ of the closure of a coal ash pond and
(ii) once every five years thereafter.

C. If any sampling, test, or water quality analysis conducted pursuant to the
provisions of this section indicates that water from a private well or public
water supply well exceeds any U.S. Environmental Protection Agency Maximum
Contaminant Level for drinking water, the utility shall (i) within seven days of
the receipt of test results, either replace the contaminated well with an
alternate supply of potable drinking water or provide a treatment system for the
contaminated well in order to render the water supply potable and (ii) within 90
days of the receipt of test results, either provide an alternate supply of water
that is safe for other household uses or provide a treatment system for the
contaminated well in order to render the water supply safe for other household
uses. All costs associated with such provision of alternate supplies of water or
treatment shall be borne by the utility. In lieu of providing an alternate
supply of water or a treatment system pursuant to clause (i) or (ii) and to the
extent service is available, the utility may elect to pay the costs of
connecting the property owner to a water utility operated by a city or county.

D. The Department of Health and DEQ shall receive the results of the tests
conducted pursuant to the provisions of this section.

E. Nothing in this section shall be construed to preclude or impair the right of
any property owner to refuse the sampling or testing of any private well or
public water supply well on his property. The requirements of this section are
in addition to other applicable laws or regulations, and nothing in this
section, including the requirement to commission testing or to treat or replace
contaminated drinking water, shall preempt or preclude any additional legal
action or remedy authorized by law.

HISTORY: 2020, c. 845.