Council adopts updates to water and sewer code, citing PFAS monitoring mandate

The Percival Town Council voted Sept. 8 to adopt ordinance 26-09-01, updating multiple sections of Chapter 82 of the town code to reflect modern water-service and backflow standards and to create enforceable administrative compliance and cost-recovery rules for industrial dischargers.

Senior Director of Public Works and Engineering Andrea told the council the code language had not been updated since 1977 and that the town must act to meet new state rules and to protect its treatment infrastructure. Andrea said staff revised the cross-connection control plan to conform with Virginia Department of Health guidance and to satisfy a recent sanitary survey. On the statutory change she told the council: "The General Assembly of the Commonwealth of Virginia has enacted companion bills, House Bill 9 38 and Senate bill 1 38. These state laws became effective on July 1st of this year, 20 26, mandating that municipal public owned waterworks operators monitor, track, and report industrial discharges containing PFAS." (Andrea, Senior Director of Public Works and Engineering)

Council moved to suspend the rules so action could be taken concurrent with the public hearing; on the motion the council then adopted ordinance 26-09-01 and the associated updates to the FY27 master tax and fee schedule to allow municipal sampling and cost recovery. The ordinance establishes administrative compliance fines and cost-recovery rates staff said are needed because the town's only current enforcement option against noncompliant businesses is shutting off water — a measure officials said they wish to avoid.

Council members asked staff how soon sampling and billing rules would be applied; staff said sampling deadlines tied to the statute are imminent for designated industrial users and that the ordinance and fee schedule provide necessary enforcement tools going forward. The adoption was taken by voice vote following a motion to adopt the ordinance as presented.