City Hall 101: Learn about water regulations
On June 12, 2025, the City of Richmond entered into an Order of Consent, or Consent Order, with the Virginia Department of Health for the water event in January 2025. The order summarizes findings and alleged regulatory violations, documents the corrective actions the City has already taken in response (which includes 155 items), and confirms a Corrective Action Plan to which both VDH and the City have agreed.
For more on this specific consent order, visit the City's news release, which includes a link to the full order. To learn more about consent orders and Notices of Alleged Violation in general, keep reading:
What rules and guidelines keep our water safe?
At the national level, the Safe Drinking Water Act establishes important standards for our drinking water. Statewide, the Code of Virginia includes laws for Public Water Supplies and Waterworks Regulations. These rules make sure that our drinking water is safe and that wastewater plants aren't discharging harmful substances.
Who is in charge of these rules?
The Environmental Protection Agency (EPA) gives states the responsibility of regulating safe drinking water and clean water for wastewater plants. Virginia splits this responsibility across two state agencies. The Virginia Department of Health monitors drinking water and the Department of Environmental Quality works to prevent pollutants from entering surface and groundwater.
Both agencies have lots of tools for helping Virginia water systems and waterworks maintain safe, clean water. They manage monthly and annual review processes where waterworks submit Consumer Confidence Reports. State agencies also conduct onsite inspections, release inspection summaries, and work with the EPA to release larger reports. All these tools make sure that water systems are in compliance, which means that they are following the rules laid out by our national and state governments.
How do we know our water-related facilities are following these rules?
For Richmond's Department of Public Utilities (DPU), remaining in compliance with all guidelines is the primary goal. Documents like our 2024 Consumer Confidence Report are available on the DPU website to share up-to-date information about DPU's efforts to measure, document, and improve on the quality of services.
What is a Notice of Alleged Violation or a Notice of Violation?
A Notice of Alleged Violation (NOAV) or Notice of Violation (NOV) are additional tools used by VDH and DEQ, respectively, if they observe a potential problem that might keep a waterworks from being in compliance with state and federal guidelines. The goal of an NOAV or NOV is to help the waterworks get back into compliance as quickly as possible. It's yet another way to support utilities in providing reliable services to their communities.
What is in a NOAV/NOV?
An NOAV/NOV is part of an ongoing conversation between the waterworks and the regulatory body. It's important to read them in full to understand the potential problem, what the waterworks has already done to address the problem, and what steps they will take next. Most notices lay out the facts of the issue, highlight steps the waterworks has taken, and list required future actions. Some notices might also include recommended actions or a reminder of best practices.
What happens when someone receives a NOAV or NOV?
The utility always has an opportunity to address the notice. A response might include correcting any information that needs more context or sharing the actions already taken to address the concern. Some waterworks may have ongoing Capital Improvement Projects that already focus on the concern. If the waterworks has already completed all the required steps, VDH or DEQ will close out the notice.
What is a consent order?
If the response to the notice doesn't address all the required steps, VDH or DEQ can issue a consent order, or Order of Consent. The consent order requires the waterworks to commit to a timeline of changes. The consent order might confirm a corrective action plan, which highlights specific tasks and timeframes for noted deficiencies. A consent order might also include civil penalties, but its primary purpose is to establish an agreement about important next steps.
Once the items listed in the consent order are completed, the issuing agency closes the order.
What recent NOVs, NOAVs, or consent orders has Richmond's Department of Public Utilities received?
In 2025, DPU has received the following from the Virginia Department of Health:
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January 23: Richmond's loss of system-wide pressure and subsequent Boil Water Advisory, beginning January 6, 2025.
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The City of Richmond provided VDH with a formal response on February 21, which VDH acknowledged in a letter on March 11. VDH amended this initial NOAV on May 1, 2025.
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May 12: Unplanned discharge of fluoride into the City's drinking water on April 23, 2025.
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June 12: VDH and the City of Richmond enter into an Order of Consent for the January water events.
Why should residents know about these guidelines, policies and notices?
When we turn on the tap for a glass of water, flush our toilets, or see heavy rain moving toward storm drains, we don't always think about the planning, evaluation, and project development taking place behind the scenes. Tools like Consumer Confidence Reports and NOAVs highlight the important and continuous improvements needed to keep our water supplies safe. They are conversations between regulatory agencies, service providers, and residents that make the behind-the-scenes work as transparent as possible. As the City continues working on water process improvements and updates, these tools help us further our mission of providing safe and reliable utility service.