{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/32.1-176.8_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/32.1-176.8_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/32.1-176.8_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/32.1-176.8_1.html"}],"law_id":359235,"edition_id":2,"section_id":359235,"structure_id":51385,"section_number":"32.1-176.8:1","catch_line":"Private well and public water supply well testing near coal ash ponds; monitoring","history":"2020, c. 845.","full_text":"A\n\nFor 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.\n\nB\n\nThe 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.\n\nC\n\nIf 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.\n\nD\n\nThe Department of Health and DEQ shall receive the results of the tests conducted pursuant to the provisions of this section.\n\nE\n\nNothing 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.\n\n","order_by":null,"text":{"0":{"id":1336472,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1336473,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1336474,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1336475,"text":"The Department of Health and DEQ shall receive the results of the tests conducted pursuant to the provisions of this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":1336476,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":51385,"edition_id":2,"name":"Wells Near Certain Coal Ash Ponds","identifier":"2.2","label":"article","depth":3,"order_by":5,"parent_id":51380,"metadata":{"child_laws":2,"child_structures":0},"date_created":"2026-08-02 02:41:37","date_modified":"2026-08-02 12:32:23","permalink":{"id":1430849,"object_type":"structure","relational_id":51385,"identifier":"2.2","token":"32.1\/6\/2.2","url":"\/32.1\/6\/2.2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51380,"edition_id":2,"name":"Environmental Health Services","identifier":"6","label":"chapter","depth":2,"order_by":9,"parent_id":51343,"metadata":{"child_laws":142,"child_structures":15},"date_created":"2026-08-02 02:41:30","date_modified":"2026-08-02 12:32:22","permalink":{"id":1430565,"object_type":"structure","relational_id":51380,"identifier":"6","token":"32.1\/6","url":"\/32.1\/6\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51343,"edition_id":2,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":75,"parent_id":null,"metadata":{"child_laws":857,"child_structures":128},"date_created":"2026-08-02 02:40:53","date_modified":"2026-08-02 12:32:12","permalink":{"id":1428101,"object_type":"structure","relational_id":51343,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":359234,"structure_id":51385,"section_number":"32.1-176.8","catch_line":"Definitions","url":"\/32.1-176.8\/","token":"32.1\/6\/2.2\/32.1-176.8","metadata":false},{"id":359235,"structure_id":51385,"section_number":"32.1-176.8:1","catch_line":"Private well and public water supply well testing near coal ash ponds; monitoring","url":"\/32.1-176.8_1\/","token":"32.1\/6\/2.2\/32.1-176.8_1","metadata":false}],"previous_section":{"id":359234,"structure_id":51385,"section_number":"32.1-176.8","catch_line":"Definitions","url":"\/32.1-176.8\/","token":"32.1\/6\/2.2\/32.1-176.8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-176.8:1\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 845<\/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":1430855,"object_type":"law","relational_id":359235,"identifier":"32.1-176.8:1","token":"32.1\/6\/2.2\/32.1-176.8_1","url":"\/32.1-176.8_1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/32.1-176.8_1\/","token":"32.1\/6\/2.2\/32.1-176.8_1","dublin_core":{"Title":"Private well and public water supply well testing near coal ash ponds; monitoring","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-176.8:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For each private well or public water supply well within 1.5 miles of any coal ash pond<\/span>, the utility<\/span> 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<\/span> 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<\/span> shall pay the reasonable costs of such testing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The utility<\/span> 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<\/span> of the closure of a coal ash pond<\/span> and (ii) once every five years thereafter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 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<\/span> 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<\/span> 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<\/span> 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<\/span>. 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<\/span> may elect to pay the costs of connecting the property owner to a water utility<\/span> operated by a city or county. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> of Health and DEQ<\/span> shall receive the results of the tests conducted pursuant to the provisions of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> 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<\/span> 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<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRIVATE WELL AND PUBLIC WATER SUPPLY WELL TESTING NEAR COAL ASH PONDS;\nMONITORING (\u00a7 32.1-176.8:1)\n\nA. For each private well or public water supply well within 1.5 miles of any\ncoal ash pond, the utility shall commission a well water test on or before July\n1, 2021, on behalf of the owner of the well. The test shall be conducted by a\ncompany certified to perform such tests by the Virginia Environmental Laboratory\nAccreditation Program. The utility shall recommend a certified laboratory to\nperform the test, but the owner of the well may elect to have an independent\ncertified laboratory perform the test. Such test shall, at a minimum, test for\nalkalinity (bicarbonate), alkalinity (carbonate), alkalinity (total), aluminum,\nantimony, arsenic, barium, beryllium, boron, cadmium, calcium, chloride,\nchromium (hexavalent), chromium (total), cobalt, copper, iron, lead, lithium,\nmagnesium, manganese, mercury, molybdenum, nickel, potassium, radium (total\nalpha), radium-228, radium (radium-226 and radium-228 combined), selenium,\nsodium, strontium, sulfate, thallium, thorium, vanadium, zinc, and total\ndissolved solids. The utility shall pay the reasonable costs of such testing.\n\nB. The utility shall commission a test as required by subsection A for each\nprivate well or public water supply well (i) once per year during each of the\nfive years following the approval by DEQ of the closure of a coal ash pond and\n(ii) once every five years thereafter.\n\nC. If any sampling, test, or water quality analysis conducted pursuant to the\nprovisions of this section indicates that water from a private well or public\nwater supply well exceeds any U.S. Environmental Protection Agency Maximum\nContaminant Level for drinking water, the utility shall (i) within seven days of\nthe receipt of test results, either replace the contaminated well with an\nalternate supply of potable drinking water or provide a treatment system for the\ncontaminated well in order to render the water supply potable and (ii) within 90\ndays of the receipt of test results, either provide an alternate supply of water\nthat is safe for other household uses or provide a treatment system for the\ncontaminated well in order to render the water supply safe for other household\nuses. All costs associated with such provision of alternate supplies of water or\ntreatment shall be borne by the utility. In lieu of providing an alternate\nsupply of water or a treatment system pursuant to clause (i) or (ii) and to the\nextent service is available, the utility may elect to pay the costs of\nconnecting the property owner to a water utility operated by a city or county.\n\nD. The Department of Health and DEQ shall receive the results of the tests\nconducted pursuant to the provisions of this section.\n\nE. Nothing in this section shall be construed to preclude or impair the right of\nany property owner to refuse the sampling or testing of any private well or\npublic water supply well on his property. The requirements of this section are\nin addition to other applicable laws or regulations, and nothing in this\nsection, including the requirement to commission testing or to treat or replace\ncontaminated drinking water, shall preempt or preclude any additional legal\naction or remedy authorized by law.\n\nHISTORY: 2020, c. 845.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}