15.2-5137 - Water and sewer connections; exceptions.
§ 15.2-5137. Water and sewer connections; exceptions.
A. Upon the acquisition or construction of any water system or sewer systemunder the provisions of this chapter, the owner, tenant, or occupant of eachlot or parcel of land (i) which abuts a street or other public right of waywhich contains, or is adjacent to an easement containing, a water main or awater system, or a sanitary sewer which is a part of or which is or may beserved by such sewer system and (ii) upon which a building has beenconstructed for residential, commercial or industrial use, shall, if sorequired by the rules and regulations or a resolution of the authority, withconcurrence of the locality in which the land is located, connect thebuilding with the water main or sanitary sewer, and shall cease to use anyother source of water supply for domestic use or any other method for thedisposal of sewage, sewage waste or other polluting matter. All suchconnections shall be made in accordance with rules and regulations adopted bythe authority, which may provide for a reasonable charge for making such aconnection. A private water company which purchases water from a regionalauthority for sale or delivery to or within a municipality may impose acharge for connection to the water company's system in the same manner, andsubject to the same restrictions, as an authority may impose for connectionto its water system, subject to the approval of the State CorporationCommission.
B. Notwithstanding any other provision of this chapter, those persons havinga domestic supply or source of potable water shall not be required todiscontinue the use of such water. However, persons not served by a watersupply system, as defined in § 15.2-2149, producing potable water meeting thestandards established by the Virginia Department of Health may be required topay a connection fee, a front footage fee, and a monthly nonuser servicecharge, which charge shall not be more than that proportion of the minimummonthly user charge, imposed by the authority, as debt service bears to thetotal operating and debt service costs, or any combination of such fees andcharges. In York County and James City County, the monthly nonuser fee may beas provided by general law or not more than eighty-five percent of theminimum monthly user charge imposed by the authority, whichever is greater.
C. Notwithstanding any other provision of this chapter, those persons havinga private septic system or domestic sewage system meeting applicablestandards established by the Virginia Department of Health shall not berequired 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 thanthat proportion of the minimum monthly user charge, imposed by the authority,as debt service bears to the total operating and debt service costs, or anycombination of such fees and charges.
D. Persons who have obtained exemption from or deferral of taxation pursuantto an ordinance authorized by § 58.1-3210 may be exempted or deferred by theauthority from paying any charges and fees authorized by subsection C, to thesame extent as the exemption from or deferral of taxation pursuant to suchordinance.
E. Water and sewer connection fees established by any authority shall be fairand reasonable. Such fees shall be reviewed by the authority periodically andshall be adjusted, if necessary, to assure that they continue to be fair andreasonable. Nothing herein shall affect existing contracts with bondholderswhich are in conflict with any of the foregoing provisions.
(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.)