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LeGarde explained to the Rappahannock Supervisors that the Health Department had enforcement powers to regulate water systems only if the system served more than 25 people for three or more months out of the year. He maintained that Rappahannock Lakes was beyond his authority since it provided water to vacation homes that weren’t occupied by 25 persons for three or more months.
LeGarde wasn’t entirely accurate in his statements.
First of all, the Virginia Waterworks Regulations give the Health Department authority over “all structures and applications used in connection with the collection, storage, purification and treatment of water for drinking or domestic use’’ if the system serves “an average of 25 individuals daily at least 60 days out of the year.” That's 60 days, not three months.
But more important, state law provides for Health Department regulatory powers if the waterworks has “«t, least 15 service con
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