Va. Code Ann. § 62.1-44.38:1 — Virginia Code / Title 62.1 / Chapter 3.2 / Section 62.1-44.38:1
Comprehensive water supply planning process; state, regional, and local water supply plans
Status: in_force

A. The Board, with advice and guidance from the Commissioner of Health, local governments, public service authorities, and other interested parties, shall establish a comprehensive water supply planning process for the development of local, regional, and state water supply plans consistent with the provisions of this chapter. This process shall be designed to (i) ensure that adequate and safe drinking water is available to all citizens of the Commonwealth; (ii) encourage, promote, and protect all other beneficial uses of the Commonwealth's water resources; (iii) encourage, promote, and develop incentives for alternative water sources, including desalinization; and (iv) encourage the development of cross-jurisdictional water supply projects.

B. The Board shall adopt regulations designating regional planning areas based primarily on river basins as appropriate based on water supply sources. The Board shall consider existing interjurisdictional arrangements in designating regional planning areas. The Board may, as appropriate, designate multiple regional planning areas within a single river basin in order to enhance the manageability of planning within such basin. The regulations shall identify the particular regional planning area in which each locality shall participate and shall state which local stakeholder groups, including local governments, industrial and agricultural water users, public water suppliers, developers and economic development organizations, and conservation and environmental organizations, shall or may participate in coordinated water resource planning. The regulations shall provide a mechanism for a locality to request a change of its designated regional planning area to an adjoining planning area that is based on water supply source, river basin, or existing or planned cross-jurisdictional relationship, which change shall be effective upon approval of the Department, notwithstanding the provisions of Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2. The regulations shall further recognize the localities that include any portion of the service area of a water supply utility in the Commonwealth that uses the Potomac River as a water supply source as a distinct regional planning area. Such plan shall incorporate the provisions of the Metropolitan Washington Water Supply and Drought Awareness Response Plan: Potomac River System (2000), including provisions related to triggers, actions, and messages for the Potomac River drought evaluation region. Nothing in this subsection regarding the incorporation of such provisions shall be construed to limit the authority of the Governor during a declared drought emergency.

C. 1. Each locality in a regional planning area shall participate in cross-jurisdictional, coordinated water resource planning. Such local coordination shall accommodate existing regional groups that have already developed water supply plans, including planning district commissions, and other regional planning entities as appropriate.

2. Each locality in a regional planning area shall develop and submit, with the other localities in that planning area, a single jointly produced regional water supply plan to the Department of Environmental Quality (the Department). Such regional water supply plan shall (i) clearly identify the region's water supply risks and (ii) propose regional strategies to address those water supply risks.

3. Each regional water supply plan also shall comply with applicable criteria and guidelines developed by the Board. Such criteria and guidelines shall take into account existing local and regional water supply planning efforts and requirements imposed under other state or federal laws. The criteria and guidelines established by the Board shall not prohibit a town from entering into a regional water supply plan with an adjacent county in the same regional planning area.

4. This section is intended to inform any regional water resource planning being done in the Commonwealth pursuant to interstate compacts.

D. The Board and the Department shall prioritize the allocation of planning funds and other funds to localities that sufficiently participate in regional planning.

E. In accordance with subdivision B 2 of § 62.1-44.38 , the Department shall facilitate regional planning and provide assistance to each regional planning area as needed.

2003, c. 227 ; 2006, c. 18 ; 2020, c. 1105 ; 2022, c. 331 ; 2023, cc. 36 , 37 .
Va. Code Ann. § 62.1-264 — Virginia Code / Title 62.1 / Chapter 25 / Section 62.1-264
Permits for public water supplies
Status: in_force

To ensure that any ground water withdrawal permit issued for a public water supply does not impact a waterworks operation permit issued pursuant to § 32.1-172 , the maximum permitted daily withdrawal shall be set by the Board at a level consistent with the requirements and conditions contained in the waterworks operation permit. This section shall not limit the authority of the Board to reduce or eliminate ground water withdrawals by a waterworks if necessary to protect human health or the environment. In promulgating regulations to implement this section, and in administering such regulations and this chapter, the Board shall consult and cooperate with the State Health Department to the end that effective, equitable management of ground water and safeguarding of public health will be attained to the maximum extent possible.

1992, c. 812.
Va. Code Ann. § 62.1-86 — Virginia Code / Title 62.1 / Chapter 7 / Section 62.1-86
Notice of hearing on application
Status: in_force

As soon as practicable after the filing with the State Corporation Commission of any application for a license under the provisions of this chapter, the Commission shall set a day for a public hearing upon such application, and the applicant shall give notice to the public of the application, in form to be prescribed or approved by the Commission, by publication once in each week for four successive weeks prior to such hearing in a newspaper or newspapers of general circulation published in the city or county wherein the proposed construction, or the greater part thereof, is to be made and any adjoining or connecting county or city affected and every other county downstream from such development through which the stream runs to its mouth, if there be such newspaper, and, if there be no such newspaper, then by publishing the same in a newspaper of general circulation in such county or counties or cities affected. In such notice the date fixed by the Commission for the public hearing on the application shall be stated.

Code 1950, § 62-74; 1968, c. 659.
Va. Code Ann. § 62.1-44.42 — Virginia Code / Title 62.1 / Chapter 3.2 / Section 62.1-44.42
Cooperation with other agencies
Status: in_force

(1) In order to assist the Board in carrying out its functions as provided by law, the Board may:

(a) Call upon the other agencies and political subdivisions of this Commonwealth to furnish or make available to the Board information concerning the water resources of this Commonwealth which such state agencies or political subdivisions have acquired or may acquire in the performance of their functions.

(b) Cooperate with the other agencies or political subdivisions of the Commonwealth in utilizing the services, records and other facilities of such agencies or political subdivisions to the maximum extent practicable.

(2) All officers and employees of the Commonwealth or the political subdivisions of the Commonwealth shall cooperate with the Board in the discharge of its duties and in effectuating the water resources policy of the Commonwealth.

(3) Upon receipt and approval by the Board of a claim therefor, any special or extraordinary expense incurred by any other agency or political subdivision of this Commonwealth in cooperating with the Board under subsections (1) and (2) of this section shall be paid to such other agency or political subdivision of the Commonwealth.

Code 1950, § 10-17.7; 1966, c. 561; 1972, c. 728.
Va. Code Ann. § 62.1-69.47 — Virginia Code / Title 62.1 / Chapter 5.6 / Section 62.1-69.47
Membership; terms; vacancies; chairman and vice-chairman; quorum; meetings; voting
Status: in_force

A. The Commission shall consist of 14 nonlegislative members as follows: two members each of the local elected governing body of the Counties of Albemarle, Fluvanna, and Greene, and the City of Charlottesville; two nonlegislative citizen members, one each from the Culpeper Soil and Water Conservation District and the Thomas Jefferson Soil and Water Conservation District; and four nonlegislative citizen members at-large, one member each appointed by the local elected governing body of the Counties of Albemarle, Fluvanna, and Greene, and the City of Charlottesville, upon the recommendation of the Thomas Jefferson Planning District Commission. All members recommended by the Thomas Jefferson Planning District Commission and appointed to the Commission by the relevant local elected governing bodies shall be citizens who demonstrate interest, experience, or expertise in water-related Basin issues.

B. Members of the Commission who are local elected governing body officials or members of the soil and water conservation districts shall serve terms coincident with their terms of office. Initial appointments of the four nonlegislative citizen-at-large members shall be staggered as follows: two members for a term of two years; and two members for a term of four years. Thereafter, nonlegislative citizen members shall be appointed for a term of four years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may be reappointed. However, no nonlegislative citizen member shall serve more than two consecutive four-year terms. The remainder of any term to which a nonlegislative citizen at-large member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Vacancies shall be filled in the same manner as the original appointments.

C. The Commission shall elect a chairman and vice-chairman from among its membership. A majority of the voting members shall constitute a quorum. The meetings of the Commission shall be held at the call of the chairman or whenever the majority of the members so request. Each member of the Commission shall have an equal vote.

2004, c. 394 .
Va. Code Ann. § 62.1-195 — Virginia Code / Title 62.1 / Chapter 20 / Section 62.1-195
Repealed
Status: repealed

Repealed by Acts 1990, c. 917.
Va. Code Ann. § 62.1-44.25 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 5 / Section 62.1-44.25
Right to hearing
Status: in_force

Any owner under Article 2.3 (§ 62.1-44.15:24 et seq.), Article 2.5 (§ 62.1-44.15:67 et seq.), or § 62.1-44.16 , 62.1-44.17 , or 62.1-44.19 aggrieved by any action of the Board taken without a formal hearing, or by inaction of the Board, may demand in writing a formal hearing of such owner's grievance, provided a petition requesting such hearing is filed with the Board. In cases involving actions of the Board, such petition must be filed within 30 days after notice of such action is mailed to such owner by certified mail.

1970, c. 638; 2016, cc. 68 , 758 .
Va. Code Ann. § 62.1-74 — Virginia Code / Title 62.1 / Chapter 6 / Section 62.1-74
Powers of Commission; duties of state officers, departments, etc.; jurisdiction of certain courts; enforcement
Status: in_force

Subject to the terms of such compact there is hereby granted to the Commission and commissioners thereof all the powers provided for in the compact, and all the powers necessary or incidental to the carrying out of the compact in every particular. All officers of this Commonwealth are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the compact in every particular, it being hereby declared to be the policy of this Commonwealth to perform and carry out the compact and to accomplish the purposes thereof. All officers, bureaus, departments, and persons of and in the state government or administration of this Commonwealth are hereby authorized and directed at convenient times and upon request of the Commission to furnish it with information and data possessed by them or any of them and to aid the Commission by loan of personnel or other means lying within their legal powers, respectively.

The courts of record of this Commonwealth are hereby granted the jurisdiction specified in Article IX of the compact, and the Attorney General and other law enforcing officers of this Commonwealth are hereby granted the power to institute any action for the enforcement of the orders of the Commission as specified in Article IX of the compact.

Code 1950, § 62-67.5; 1968, c. 659.
Va. Code Ann. § 62.1-196 — Virginia Code / Title 62.1 / Chapter 20 / Section 62.1-196
Repealed
Status: repealed

Repealed by Acts 1987, c. 488.
Va. Code Ann. § 62.1-44.15:55 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 2.4 / Section 62.1-44.15:55
Regulated land-disturbing activities; submission and approval of erosion and sediment control plan
Status: in_force

A. Except as provided in § 62.1-44.15:31 for a land-disturbing activity conducted by a state agency, federal entity, or other specified entity, no person shall engage in any land-disturbing activity until (i) he has submitted to the VESCP authority an erosion and sediment control plan for the land-disturbing activity and the plan has been reviewed and approved and (ii) where Virginia Pollutant Discharge Elimination System permit coverage is required, the VESCP authority has obtained evidence of such permit coverage from the Department's online reporting system prior to issuing its land-disturbance approval. A VESCP authority may enter into an agreement with an adjacent VESCP or VESMP authority regarding the administration of multijurisdictional projects specifying who shall be responsible for all or part of the administrative procedures. Should adjacent authorities fail to come to such an agreement, each shall be responsible for administering the area of the multijurisdictional project that lies within its jurisdiction. Where the land-disturbing activity results from the construction of a (a) single-family residence or (b) farm building or structure on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of less than five percent, an agreement in lieu of a plan may be substituted for an erosion and sediment control plan if executed by the VESCP authority.

B. The VESCP authority shall review erosion and sediment control plans submitted to it and grant written approval within 60 days of the receipt of the plan if it determines that the plan meets the requirements of this article and the Board's regulations and if the person responsible for carrying out the plan certifies that he will properly perform the erosion and sediment control measures included in the plan and shall comply with the provisions of this article. In addition, as a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of an individual holding a certificate to the VESCP authority, as provided by § 62.1-44.15:52 , who will be in charge of and responsible for carrying out the land-disturbing activity. However, any VESCP authority may waive the certificate requirement for an agreement in lieu of a plan. If a violation occurs during the land-disturbing activity, then the person responsible for carrying out the agreement in lieu of a plan shall correct the violation and provide the name of an individual holding a certificate, as provided by § 62.1-44.15:52 . Failure to provide the name of an individual holding a certificate prior to engaging in land-disturbing activities may result in revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties provided in this article.

When a plan is determined to be inadequate, written notice of disapproval stating the specific reasons for disapproval shall be communicated to the applicant within 45 days. The notice shall specify the modifications, terms, and conditions that will permit approval of the plan. If no action is taken by the VESCP authority within the time specified in this subsection, the plan shall be deemed approved and the person authorized to proceed with the proposed activity. The VESCP authority shall act on any erosion and sediment control plan that has been previously disapproved within 45 days after the plan has been revised, resubmitted for approval, and deemed adequate.

C. The VESCP authority may require changes to an approved plan in the following cases:

1. Where inspection has revealed that the plan is inadequate to satisfy applicable regulations; or

2. Where the person responsible for carrying out the approved plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this article and associated regulations, are agreed to by the VESCP authority and the person responsible for carrying out the plan.

D. In order to prevent further erosion, a VESCP authority may require approval of an erosion and sediment control plan for any land identified by the VESCP authority as an erosion impact area.

E. For the purposes of subsections A and B, when land-disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion and sediment control plan shall be the responsibility of the owner.

F. Notwithstanding any other provisions of this article, the following activities are not required to comply with the requirements of this article unless otherwise required by federal law:

1. Disturbance of a land area of less than 10,000 square feet in size or less than 2,500 square feet in an area designated as a Chesapeake Bay Preservation Area pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.). However, the governing body of the program authority may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception shall apply;

2. Minor land-disturbing activities such as home gardens and individual home landscaping, repairs, and maintenance work;

3. Installation, maintenance, or repair of any individual service connection;

4. Installation, maintenance, or repair of any underground utility line when such activity occurs on an existing hard surfaced road, street, or sidewalk, provided the land-disturbing activity is confined to the area of the road, street, or sidewalk that is hard surfaced;

5. Installation, maintenance, or repair of any septic tank line or drainage field unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system;

6. Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.2;

7. Clearing of lands specifically for bona fide agricultural purposes; the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops; livestock feedlot operations; agricultural engineering operations, including construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; or as additionally set forth by the Board in regulations. However, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 or is converted to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163 ;

8. Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;

9. Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission, or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to this article and the regulations adopted pursuant thereto;

10. Land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the VESMP authority shall be advised of the disturbance within seven days of commencing the land-disturbing activity, and compliance with the administrative requirements of subsection A is required within 30 days of commencing the land-disturbing activity;

11. Discharges to a sanitary sewer or a combined sewer system that are not from a land-disturbing activity; and

12. Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company.

1973, c. 486, § 21-89.6; 1979, c. 432; 1988, cc. 732, 891, § 10.1-563; 1993, c. 925; 1999, c. 555 ; 2001, c. 490 ; 2003, cc. 827 , 966 ; 2006, c. 466 ; 2008, c. 23 ; 2011, cc. 720 , 721 ; 2012, cc. 785 , 819 ; 2013, cc. 756 , 793 ; 2016, cc. 68 , 758 ; 2023, cc. 48 , 49 ; 2024, cc. 5 , 104 .
Va. Code Ann. § 62.1-120 — Virginia Code / Title 62.1 / Chapter 9 / Section 62.1-120
When further notice required
Status: in_force

If, by such report, or otherwise, it appear that any person to whom notice has not been given, will sustain damage, notice shall be given to him, in the manner prescribed by § 62.1-117 to show cause why the applicant should not have the leave desired.

Code 1950, § 62-99; 1968, c. 659.
Va. Code Ann. § 62.1-259.1 — Virginia Code / Title 62.1 / Chapter 25 / Section 62.1-259.1
Certain withdrawals; technical evaluation required
Status: in_force

The developer of a subdivision, as defined in § 15.2-2201 , located in a designated ground water management area shall apply for a technical evaluation from the Department of Environmental Quality prior to final subdivision plat approval if there will be 30 or more lots within the subdivision served by private wells, as defined in § 32.1-176.3 . The application for a technical evaluation shall be on a form established by the Department and shall include a geophysical log from a geophysical borehole located within the subdivision. Such borehole may subsequently be utilized as a ground water supply for a dwelling unit or for other appropriate purpose within the subdivision. Within 60 days of receiving a complete application for a technical evaluation, the Department shall perform a technical evaluation and provide to the developer a recommendation sufficient to serve the water needs of each dwelling unit in the subdivision that specifies the aquifer or aquifers that will minimize unmitigated impacts to ground water resources and any offsite impacts to existing ground water users. The recommendation to the developer shall be nonbinding; however, any such developer who constructs one or more private wells in the subdivision in an aquifer inconsistent with the Department's recommendation shall prepare and submit a mitigation plan to the Department, consistent with requirements for mitigation plans established by the Board, and record a mitigation plan approved by the Department with the subdivision plat prior to constructing any private wells within the subdivision. The Department is authorized to charge the developer a fee not to exceed $5,000 to perform the technical evaluation. This section shall not apply to the developer of a subdivision who constructs all of the private wells within the subdivision in the surficial aquifer.

2018, c. 427 .
Va. Code Ann. § 62.1-44.18:2 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 4 / Section 62.1-44.18:2
When Board may prohibit discharge; permits
Status: in_force

A. Notwithstanding any other provision of this chapter, the Board shall have the authority to prohibit any present or proposed discharge of sewage, industrial wastes, or other wastes into any sewerage system or treatment works when it has determined that such discharge would threaten the public health and safety, or would substantially interfere or be incompatible with the treatment works, or would substantially interfere with usage of state waters as designated by the Board. Before making any such determination, the Board shall consult with and receive the advice of the State Department of Health.

B. The Board shall have the authority to issue permits which prescribe the terms and conditions upon which the discharge of sewage, industrial wastes, or other wastes may be made into any sewerage system or treatment works. The Board may revoke or amend any such permit for good cause and after proper hearing. Notwithstanding the requirement for notice and a hearing, the Board may, after consultation with the State Department of Health, summarily revoke or amend such permit when it determines that the permitted discharge poses a threat to the public health and safety, or is interfering substantially with the treatment works, or is grossly affecting usage of state waters as designated by the Board. In such case, the Board shall hold a hearing as soon as practicable but in no event later than twenty days after the revocation or amendment with reasonable notice to the owner as to the time and place thereof to affirm, modify, or rescind the summary revocation or amendment of such permit.

C. Nothing in this section shall limit the authority of the Board to proceed against such owner directly under § 62.1-44.23 or § 62.1-44.32 after the Board has prohibited discharge, or after the Board has summarily amended or revoked the permit which authorized the discharge. If a proposed revocation or amendment of a permit is mutually agreeable to the Board and the owner, the hearing and notice thereof may be dispensed with.

1976, c. 626.
Va. Code Ann. § 62.1-44.34:38 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 14 / Section 62.1-44.34:38
Recordkeeping and access to records and facilities
Status: in_force

A. All records relating to compliance with the requirements of this article shall be maintained by the operator of a facility at the facility or at an alternate location approved by the Department for a period of at least five years. Such records shall be available for inspection and copying by the Department and shall include all records relating to discharge events or other discharges of hazardous substances from the facility and all supporting documentation for developed facility response plans.

B. A record of all discharges of hazardous substances to state lands in amounts less than the reportable quantity in 40 C.F.R. Part 117 shall be established and maintained for a period of five years in accordance with subsection A.

C. Every operator of a facility shall, upon reasonable notice, permit at reasonable times and under reasonable circumstances, the local director or coordinator of emergency services appointed pursuant to § 44-146.19 for the political subdivision in which the facility is located or of any political subdivision within one mile of the facility to have access to and to copy all information required to be kept in subsections A and B.

D. Any local director or coordinator of emergency services appointed pursuant to § 44-146.19 for the political subdivision in which the facility is located or of any political subdivision within one mile of the facility may enter and inspect any facility at a reasonable time and under reasonable circumstances, provided that in nonemergency situations such local director, coordinator, or a designated agent of such local director or coordinator shall be accompanied by the operator or his designee.

E. The Director may withhold information submitted or obtained pursuant to this section from public disclosure pursuant to (i) an exemption provided under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), (ii) confidentiality claims asserted at the time of submission pursuant to § 62.1-44.21 , or (iii) requirements set forth by the U.S. Department of Homeland Security.

2025, c. 279 .
Va. Code Ann. § 62.1-194.2 — Virginia Code / Title 62.1 / Chapter 20 / Section 62.1-194.2
Throwing trash, etc., into or obstructing river, creek, stream or swamp
Status: in_force

It shall be unlawful for any person to throw or otherwise dispose of trash, debris, tree laps, logs, or fell timber or make or cause to be made any obstruction which exists for more than a week (excepting a lawfully constructed dam) in, under, over or across any river, creek, stream, or swamp, so as to obstruct the free passage of boats, canoes, or other floating vessels, or fish in such waters. The provisions of this section shall be enforceable by duly authorized state and local law-enforcement officials and by conservation police officers whose general police power under § 29.1-205 and forest wardens whose general police powers under § 10.1-1135 shall be deemed to include enforcement of the provisions of this section. Violations of this section shall be punishable as a misdemeanor under § 18.2-12 ; and each day for which any violation continues without removal of such obstruction, on and after the tenth day following service of process on the violator in accordance with § 19.2-75 , shall constitute a separate offense punishable as a misdemeanor under § 18.2-12 .

Code 1950, § 62-187.1; 1964, c. 157; 1968, c. 86; 1988, c. 196.
Va. Code Ann. § 62.1-69.38 — Virginia Code / Title 62.1 / Chapter 5.5 / Section 62.1-69.38
Membership; terms
Status: in_force

A. The Commission shall be composed of 18 voting members that include nine members representing the Commonwealth of Virginia and nine members representing the State of North Carolina. The Virginia delegation shall consist of the six legislative members appointed to the Virginia Roanoke River Basin Advisory Committee, and three nonlegislative citizen members appointed to the Virginia Roanoke River Basin Advisory Committee, who represent different geographical areas of the Virginia portion of the Roanoke River Basin, to be appointed by the Governor of Virginia. The North Carolina delegation to the Commission shall be appointed as determined by the State of North Carolina. All members appointed to the Commission by the Commonwealth of Virginia and the State of North Carolina shall reside within the Basin's watershed. Members of the Virginia House of Delegates and the Senate of Virginia, the North Carolina House of Representatives and Senate, and federal legislators, who have not been appointed to the Commission and whose districts include any portion of the Basin, shall serve as nonvoting ex officio members of the Commission.

B. Legislative members of the Virginia delegation, federal legislators, and local government officials, whether appointed or ex officio, shall serve terms coincident with their terms of office. Nonlegislative citizen members shall be appointed to serve two-year terms, unless the member is reappointed by the appointing authorities of each state. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. Vacancies shall be filled in the same manner as the original appointment.

C. Each state's delegation to the Commission may meet separately to discuss Basin-related issues affecting their state, and may report their findings independently of the Commission. A majority of the voting members shall constitute a quorum.

2002, cc. 657 , 843 ; 2003, c. 885 .
Va. Code Ann. § 62.1-191 — Virginia Code / Title 62.1 / Chapter 19 / Section 62.1-191
Violation a misdemeanor
Status: in_force

Any person or corporation violating the provisions of this chapter shall be guilty of a misdemeanor.

Code 1950, § 62-179; 1968, c. 659.
Va. Code Ann. § 62.1-44.34:10 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 10 / Section 62.1-44.34:10
Definitions
Status: in_force

The following terms as used in this article shall have the meanings ascribed to them:

"Aboveground storage tanks" means any one or combination of tanks, including pipes used to contain an accumulation of oil at atmospheric pressure, and the volume of which, including the volume of the pipes, is more than ninety percent above the surface of the ground. This term does not include (i) line pipe and breakout tanks of an interstate pipeline regulated under the Hazardous Liquid Pipeline Safety Act of 1979 or the Natural Gas Pipeline Safety Act of 1968, as amended, and (ii) flow through process equipment used in processing or treating oil by physical, biological, or chemical means.

"Facility" means any development or installation within the Commonwealth that deals in, stores or handles oil, and includes aboveground storage tanks. This term does not include underground storage tanks or pipelines.

"Fund" means the Virginia Petroleum Storage Tank Fund.

"Oil" means oil of any kind and in any form, including, but not limited to, petroleum and petroleum by-products, fuel oil, lubricating oils, sludge, oil refuse, oil mixed with other wastes, crude oils and all other liquid hydrocarbons regardless of specific gravity.

"Operator of a facility" means any person who owns, operates, rents or otherwise exercises control over or responsibility for a facility.

"Operator of an underground storage tank" means any person in control of, or having responsibility for, the daily operation of the underground storage tank.

"Owner of an underground storage tank" means:

1. In the case of an underground storage tank in use or brought into use on or after November 8, 1984, any person who owns an underground storage tank used for the storage, use or dispensing of regulated substances; and

2. In the case of an underground storage tank in use before November 8, 1984, but no longer in use after that date, any person who owned such tank immediately before the discontinuation of its use.

The term "owner" shall not include any person who, without participating in the management of an underground storage tank or being otherwise engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect the holder's security interest in the tank.

"Person" means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, association, any state or agency thereof, municipality, county, town, commission, political subdivision of a state, any interstate body, consortium, joint venture, commercial entity, the government of the United States or any unit or agency thereof.

"Regulated substance" means an element, compound, mixture, solution, or substance that, when released into the environment, may present substantial danger to the public health or welfare, or the environment. The term "regulated substance" includes:

1. Any substance defined in § 101 (14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, but not any substance regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act of 1976; or

2. Petroleum, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature and pressure (sixty degrees F and 14.7 pounds per square inch absolute).

"Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank or facility into ground water, surface water, or upon lands, subsurface soils or storm drain systems.

"Responsible person" means any person who is an owner or operator of an underground storage tank or an aboveground storage tank at the time the release is reported to the Board.

"Underground storage tank" means any one or combination of tanks, including connecting pipes, used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground connecting pipes, is ten percent or more beneath the surface of the ground. Exemptions from this definition include:

1. Farm or residential tanks having a capacity of 1,100 gallons or less and used for storing motor fuel for noncommercial purposes;

2. Tanks used for storing heating oil for consumption on the premises where stored;

3. Septic tanks;

4. Pipeline facilities, including gathering lines, regulated under: (i) the Natural Gas Pipeline Safety Act of 1968, (ii) the Hazardous Liquid Pipeline Safety Act of 1979, or (iii) any intrastate pipeline facility regulated under state laws comparable to the provisions of law in (i) or (ii) of this definition;

5. Surface impoundments, pits, ponds, or lagoons;

6. Storm water or waste water collection systems;

7. Flow-through process tanks;

8. Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations; and

9. Storage tanks situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel if the storage tank is situated upon or above the surface of the floor.

1987, c. 677; 1989, cc. 430, 627; 1992, c. 819; 1996, cc. 737 , 979 .
Va. Code Ann. § 62.1-44.41 — Virginia Code / Title 62.1 / Chapter 3.2 / Section 62.1-44.41
Board authorized to speak and act for Commonwealth
Status: in_force

(1) In all matters directly related to conservation or use of the Commonwealth's water resources, except as otherwise provided by law, the Board is authorized to speak and act for the Commonwealth in all relations with the federal government or with the government of other states or with interstate agencies or authorities directly concerning conservation or use of the Commonwealth's water resources.

(2) In regard to such matters, the Board, or such person or state agency as may be designated by it, may appear and testify for the Commonwealth before any committee of the United States Congress or any branch or agency of the federal government or the legislature or any court or commission of any state.

Code 1950, § 10-17.6; 1966, c. 561; 1972, c. 728.
Va. Code Ann. § 62.1-44.83 — Virginia Code / Title 62.1 / Chapter 3.4 / Section 62.1-44.83
Repealed
Status: repealed

Repealed by Acts 1992, c. 812.
Va. Code Ann. § 62.1-132.13 — Virginia Code / Title 62.1 / Chapter 10 / Section 62.1-132.13
Cooperation with federal agencies
Status: in_force

The Authority is empowered to cooperate with, and to act as an agent for, the United States of America or any agency, department, corporation or instrumentality thereof in the maintenance, development, improvement, and use of harbors and seaports of the Commonwealth, and in any other matter within the purposes, duties, and powers of the Authority.

1981, c. 589.
Va. Code Ann. § 62.1-13.1 — Virginia Code / Title 62.1 / Chapter 2.1 / Section 62.1-13.1
Repealed
Status: repealed

Repealed by Acts 1992, c. 836.
Va. Code Ann. § 62.1-145 — Virginia Code / Title 62.1 / Chapter 10 / Section 62.1-145
Exercise of powers constitutes governmental functions; exemption from taxation
Status: in_force

The exercise of the powers granted by this chapter shall be in all respects for the benefit of the inhabitants of the Commonwealth, for the increase of their commerce, and for the promotion of their safety, health, welfare, convenience, and prosperity, and as the operation and maintenance of the project by the Authority will constitute the performance of essential governmental functions, the Authority shall not be required to pay any taxes or assessments upon the project or any property acquired or used by the Authority under the provisions of this chapter or upon the income therefrom, including sales and use taxes on tangible personal property used in and about a marine terminal under the supervision of the Virginia Port Authority for handling cargo, merchandise, freight, and equipment; nor shall the agents, lessees, sublessees, or users of tangible personal property owned by or leased to the Authority be required to pay any sales or use tax upon such property or the revenue derived therefrom; and the bonds, notes, certificates, or other evidences of debt issued under the provisions of this chapter, their transfer and the income therefrom including any profit made on the sale thereof, shall be exempt from taxation by the Commonwealth and by any municipality, county, or other political subdivision thereof. The exemption from the retail sales and use tax shall apply to property acquired or used by the Authority, or by a nonstock, nonprofit corporation that operates a marine terminal or terminals solely on behalf of the Authority. Service charge payments to any city, county, or town authorized pursuant to subsection D of § 58.1-3403 shall be paid from the general fund. Service charge payments to any county, city, or town authorized pursuant to subsection B of § 58.1-3403 shall be paid by the Authority.

Code 1950, § 62-106.17; 1954, c. 667; 1968, c. 659; 1974, c. 546; 1990, c. 694; 2000, c. 737 ; 2005, c. 581 .
Va. Code Ann. § 62.1-207 — Virginia Code / Title 62.1 / Chapter 21 / Section 62.1-207
Liability of Commonwealth, political subdivisions and members of board of directors
Status: in_force

No bonds or credit enhancements issued by the Authority under this chapter shall constitute a debt or a pledge of the faith and credit of the Commonwealth, or any political subdivision thereof other than the Authority, but shall be payable solely from the revenue, money or property of the Authority as provided for in this chapter. No member of the board of directors or officer, employee or agent of the Authority or any person executing bonds or credit enhancements of the Authority shall be liable personally on the bonds or credit enhancements by reason of their issuance or execution. Each bond or credit enhancement issued under this chapter shall contain on its face a statement to the effect (i) that neither the Commonwealth, nor any political subdivision thereof, nor the Authority shall be obligated to pay the principal of, or interest or premium on, the bond or credit enhancement or other costs incident to the bond or credit enhancement except from the revenue, money or property of the Authority pledged and (ii) that neither the faith and credit nor the taxing power of the Commonwealth, or any political subdivision thereof, is pledged to the payment of the principal of or interests or premium on the bond or credit enhancement.

1984, c. 699; 1998, c. 399 .
Va. Code Ann. § 62.1-44.120 — Virginia Code / Title 62.1 / Chapter 3.8 / Article 2 / Section 62.1-44.120
(For contingent effective date, see § 62.1-44.119:1) Definitions
Status: in_force

As used in this article, unless the context requires a different meaning:

"Chesapeake Bay cropland" means cropland in the Commonwealth located in the Chesapeake Bay watershed on which fertilizer, manure, sewage sludge, or another compound containing nitrogen or phosphorous is applied. "Chesapeake Bay cropland" does not include lands on which bovines are pastured.

"Department" means the Department of Conservation and Recreation.

"Nutrient management plan" means a plan prepared by a certified nutrient management planner pursuant to § 10.1-104.2 and regulations adopted thereunder.

"Operator" means any person who exercises managerial control over Chesapeake Bay cropland.

2020, cc. 1185 , 1186 .
Va. Code Ann. § 62.1-44.15:8 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 2.1 / Section 62.1-44.15:8
Conformance with federal requirements
Status: in_force

Notwithstanding the provisions of this article, any fee system developed by the Board may be modified by regulation promulgated by the Board, as may be necessary to conform with the requirements of the federal Clean Water Act and any regulations promulgated thereunder. Any modification imposed under this section shall be submitted to the members of the Senate Committees on Agriculture, Conservation and Natural Resources, and on Finance and Appropriations; and the House Committees on Appropriations, Agriculture, Chesapeake and Natural Resources, and Finance.

1992, cc. 621, 657.
Va. Code Ann. § 62.1-69.36 — Virginia Code / Title 62.1 / Chapter 5.5 / Section 62.1-69.36
Definitions
Status: in_force

As used in this chapter, unless the context requires a different meaning:

"Basin" means the Roanoke River Basin.

"Roanoke River Basin" means that land area designated as the Roanoke River Basin by the Virginia State Water Control Board, pursuant to § 62.1-44.38 , and the North Carolina Department of Environment and Natural Resources.

2002, cc. 657 , 843 ; 2003, c. 885 .
Va. Code Ann. § 62.1-257 — Virginia Code / Title 62.1 / Chapter 25 / Section 62.1-257
When Board may initiate a ground water management area study proceeding; hearing required
Status: in_force

A. The Board upon its own motion or, in its discretion, upon receipt of a petition by any county, city or town within the area in question, may initiate a ground water management area proceeding, whenever in its judgment there may be reason to believe that:

1. Ground water levels in the area are declining or are expected to decline excessively;

2. The wells of two or more ground water users within the area are interfering or may reasonably be expected to interfere substantially with one another;

3. The available ground water supply has been or may be overdrawn; or

4. The ground water in the area has been or may become polluted. Such pollution includes any alteration of the physical, chemical or biological properties of ground water which has a harmful or detrimental effect on the quality or quantity of such waters.

B. If the Board finds that any one of the conditions required above exists, and further finds that the public welfare, safety and health require that regulatory efforts be initiated, the Board shall by regulation declare the area in question to be a ground water management area. The Board shall include in its regulation a definition of the boundaries of the ground water management area. The Board shall mail a copy of the regulation to the mayor or chairman of the governing body of each county, city or town within which any part of the area lies.

1992, c. 812.
Va. Code Ann. § 62.1-159 — Virginia Code / Title 62.1 / Chapter 14 / Section 62.1-159
"Public corporation" defined
Status: in_force

The term "public corporation," for the purposes of this chapter, means the Commonwealth of Virginia or any political subdivision thereof or any incorporated municipality therein or any public agency of this Commonwealth or of any political subdivision thereof or of any municipality therein, or any corporate municipal instrumentality of this Commonwealth or of this Commonwealth and one or more other states.

Code 1950, § 62-118; 1968, c. 659.
Va. Code Ann. § 62.1-44.15:5.1 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 2 / Section 62.1-44.15:5.1
General permit for certain water quality improvement activities
Status: in_force

A. The Board shall coordinate the development of a general permit for activities such as bioengineered streambank stabilization projects and livestock stream crossings that: (i) are coverable by the Nationwide Permit Program (33 C.F.R. Part 330) of the United States Army Corps of Engineers and for which certification has not been waived by the Board; (ii) are conservation practices designed and supervised by a soil and water conservation district; (iii) meet the design standards of the Department of Conservation and Recreation and the United States Department of Agriculture's Natural Resource Conservation Service; and (iv) are intended to improve water quality. The development of the general permit shall be exempt from Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act.

B. The development of the general permit shall be a coordinated effort between the Department of Environmental Quality, the Virginia Marine Resources Commission and such other agencies as may be needed to develop a single, unified, process that will expedite the implementation of the projects described in subsection A and unify and streamline the permitting process for such projects.

C. A general permit pursuant to this section shall be promulgated as final by July 1, 1998.

1997, c. 845 .
Va. Code Ann. § 62.1-44.34:37 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 14 / Section 62.1-44.34:37
Reporting of hazardous substance discharge
Status: in_force

Any person discharging or causing or permitting a discharge of a hazardous substance from a facility required to submit evidence of an EPA-approved facility response plan pursuant to § 62.1-44.34:35 where such discharge (i) enters into or upon any land, storm drain system, or state waters within the Commonwealth or (ii) is not contained and may reasonably be expected to enter such land, drain system, or waters, and any operator of a facility from which there is such a discharge, shall immediately upon learning of the discharge notify the following of such discharge: (a) the Director, (b) the local director or coordinator of emergency services appointed pursuant to § 44-146.19 for the political subdivision in which the discharge occurs, (c) the local director or coordinator of emergency services appointed pursuant to § 44-146.19 for any other political subdivision reasonably expected to be affected by the discharge, and (d) the appropriate federal or state authorities. Notice shall be deemed to have been given under this section for any discharge of a hazardous substance to state lands in amounts less than the reportable quantity in 40 C.F.R. Part 117 if the recordkeeping requirements of § 62.1-44.34:37 have been met and the hazardous substance has been addressed in accordance with the EPA-approved facility response plan.

2025, c. 279 .
Va. Code Ann. § 62.1-44.15:83 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 2.6 / Section 62.1-44.15:83
Requests for public hearing, hearings, and final decisions procedures
Status: in_force

A. The issuance of a certification pursuant to this article shall be a permit action.

B. The Department shall assess an administrative charge to the applicant to cover the direct costs of services rendered associated with its responsibilities pursuant to this section.

2018, c. 636 ; 2022, c. 356 .
Va. Code Ann. § 62.1-201 — Virginia Code / Title 62.1 / Chapter 21 / Section 62.1-201
Board of Directors
Status: in_force

A. All powers, rights and duties conferred by this chapter or other provisions of law upon the Authority shall be exercised by a board of directors consisting of the State Treasurer or his designee, the State Health Commissioner or his designee, the Director of the Department of Environmental Quality or his designee, the Director of the Department of Aviation or his designee, and seven members appointed by the Governor, subject to confirmation by the General Assembly. The members of the Board of Directors appointed by the Governor shall serve terms of four years each, except that the original terms of three members appointed by the Governor shall end on June 30, 1985, 1986, and 1987, respectively, as designated by the Governor. Any appointment to fill a vacancy on the Board of Directors shall be made for the unexpired term of the member whose death, resignation or removal created the vacancy. All members of the Board of Directors shall be residents of the Commonwealth. Members may be appointed to successive terms on the Board of Directors. Each member of the Board of Directors shall be reimbursed for his or her reasonable expenses incurred in attendance at meetings or when otherwise engaged in the business of the Authority and shall be compensated at the rate provided in § 2.2-2813 for each day or portion thereof in which the member is engaged in the business of the Authority.

B. The Governor shall designate one member of the Board of Directors as chairman; he shall be the chief executive officer of the Authority. The Board of Directors may elect one member as vice-chairman; he shall exercise the powers of chairman in the absence of the chairman or as directed by the chairman. The State Treasurer or his designee, the Director of the Department of Environmental Quality or his designee, the Director of the Department of Aviation or his designee, and the State Health Commissioner or his designee shall not be eligible to serve as chairman or vice-chairman.

C. Meetings of the Board of Directors shall be held at the call of the chairman or of any five members. Six members of the Board of Directors shall constitute a quorum for the transaction of the business of the Authority. An act of the majority of the members of the Board of Directors present at any regular or special meeting at which a quorum is present shall be an act of the Board of Directors. No vacancy on the Board of Directors shall impair the right of a majority of a quorum of the members of the Board of Directors to exercise all the rights and perform all the duties of the Authority.

D. Notwithstanding the provisions of any other law, no officer or employee of the Commonwealth shall be deemed to have forfeited or shall have forfeited his or her office or employment by reason of acceptance of membership on the Board of Directors or by providing service to the Authority.

1984, c. 699; 1989, cc. 533, 551; 1992, c. 887; 2000, cc. 38 , 197 ; 2012, cc. 114 , 242 .
Va. Code Ann. § 62.1-44.15:54 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 2.4 / Section 62.1-44.15:54
Virginia Erosion and Sediment Control Program
Status: in_force

A. Any locality that has chosen not to establish a Virginia Erosion and Stormwater Management Program (VESMP) pursuant to subdivision B 3 of § 62.1-44.15:27 shall administer a VESCP in accordance with this article; however, a town may enter into an agreement with a county to administer the town's VESCP pursuant to subsection C of § 62.1-44.15:27 .

B. A VESCP authority may enter into agreements or contracts with soil and water conservation districts, adjacent localities, or other public or private entities to assist with carrying out the provisions of this article, including the review and determination of adequacy of erosion and sediment control plans submitted for land-disturbing activities on a unit or units of land as well as for monitoring, reports, inspections, and enforcement of such land-disturbing activities.

C. Any VESCP adopted by a county, city, or town shall be approved by the Board if it establishes by ordinance requirements that are consistent with this article and associated regulations.

D. Each approved VESCP operated by a county, city, or town shall include provisions for the coordination of the VESCP with flood insurance, flood plain management, and other programs requiring compliance prior to authorizing a land-disturbing activity in order to make the submission and approval of plans, payment of fees, and coordination of inspection and enforcement activities more convenient and efficient both for the local governments and those responsible for compliance with the programs.

E. The Board shall conduct compliance reviews of VESCPs in accordance with subdivision (19) of § 62.1-44.15 . The Board or Department also may require any locality that is a VESCP authority to furnish when requested any information as may be required to accomplish the purposes of this article.

F. Any VESCP authority that administers an erosion and sediment control program may charge applicants a reasonable fee to defray the cost of program administration. A VESCP authority shall hold a public hearing prior to establishing a schedule of fees. The fee shall not exceed an amount commensurate with the services rendered, taking into consideration the time, skill, and the VESCP authority's expense involved.

G. Any locality that is authorized to administer a VESCP may adopt an ordinance or regulation where applicable providing that violations of any regulation or order of the Board, any ordinance, any provision of its program, any condition of a land-disturbance approval, or any provision of this article shall be subject to a civil penalty. The civil penalty for any one violation shall be not less than $100 nor more than $ 32,500. Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties that exceed a total of $32,500, except that a series of violations arising from the commencement of land-disturbing activities without an approved plan for any site shall not result in civil penalties that exceed a total of $32,500. However, for a land-disturbing activity that (i) disturbs an area measuring at least 10,000 square feet but less than one acre in an area not designated as a Chesapeake Bay Preservation Area pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) and (ii) is not part of a larger common plan of development or sale that disturbs one or more acres of land, the civil penalty shall not exceed $5,000 for each violation, and a series of violations arising from the same set of facts shall not exceed $50,000. The penalties set out in this subsection are also available to the Board in its enforcement actions.

1973, c. 486, § 21-89.5; 1976, c. 653; 1978, c. 450; 1980, c. 35; 1983, c. 189; 1988, cc. 732, 891, § 10.1-562; 1992, c. 298; 1993, c. 925; 2005, c. 129 ; 2007, cc. 51 , 204 ; 2010, c. 275 ; 2012, cc. 785 , 819 ; 2013, cc. 756 , 793 ; 2016, cc. 68 , 758 ; 2026, c. 467 .
Va. Code Ann. § 62.1-44.15:26 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 2.3 / Section 62.1-44.15:26
Repealed
Status: repealed

Repealed by Acts 2016, cc. 68 and 758 , cl. 2, effective July 1, 2024.
Va. Code Ann. § 62.1-228 — Virginia Code / Title 62.1 / Chapter 22 / Section 62.1-228
Collection of money due Fund
Status: in_force

The Authority is empowered to collect, or to authorize others to collect on its behalf, amounts due to the Fund under any loan to a local government or other entity, including, if appropriate, taking the action required by § 15.2-2659 to obtain payment of any amounts in default. Proceedings to recover amounts due to the Fund may be instituted by the Authority in the name of the Fund in the appropriate circuit court.

1986, c. 415; 1999, c. 1012 .
Va. Code Ann. § 62.1-132.14 — Virginia Code / Title 62.1 / Chapter 10 / Section 62.1-132.14
Agreement of local cooperation with Corps of Engineers
Status: in_force

The Authority, in addition to such other state agencies as the Governor may designate, is empowered, on behalf of and as an agent for the Commonwealth, with the approval of the Governor and after review by the Attorney General, to enter into contractual agreements, known as agreements of local cooperation, developed and tendered by the United States Army Corps of Engineers for signature by local nonfederal interests. Specifically, the Authority and other agencies designated by the Governor may contract under such agreements:

(1) To provide, free of cost to the United States, the fee simple title to lands, perpetual and/or temporary easements, rights of way and any other interest in lands for cut-off bends, the laying of pipelines, erection of dikes, sluiceways, spillways, dams, drains, deposit of dredged materials, and for other purposes, provided that the conveyance of fee simple title or perpetual easements in subaqueous beds of waterways of the Commonwealth shall require further authorization of the General Assembly;

(2) To alter existing structures on such areas;

(3) To simultaneously dredge designated areas not covered by the federal project when and where required;

(4) To construct and maintain public wharves and public roads leading thereto;

(5) To make contributions in money or property in lieu of providing disposal areas for dredged materials;

(6) To hold the United States safe and harmless against claims for damages arising out of the project or work incident thereto;

(7) To remove sewer pipes and submarine cables;

(8) To construct and maintain marine railways for the public use; and

(9) To provide or satisfy any other items or conditions of local cooperation as stipulated in the congressional document covering the particular project involved.

This section shall not be interpreted as limiting but as descriptive of the items of local cooperation, the accomplishment of which the Authority and other designated agencies are hereby authorized to bind themselves, subject to the lawful appropriation of funds required therefor; it being intended to authorize the Authority and other designated agencies to comply fully and completely with all of the items of local cooperation as contemplated by Congress and as stipulated in the congressional acts or documents concerned.

1981, c. 589; 1982, c. 168.
Va. Code Ann. § 62.1-44.13 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 2 / Section 62.1-44.13
Inspections and investigations, etc
Status: in_force

The Board shall make such inspections, conduct such investigations and do such other things as are necessary to carry out the provisions of this chapter, within the limits of appropriation, funds, or personnel which are, or become, available from any source for this purpose.

Code 1950, § 62.1-25; 1968, c. 659; 1970, c. 638.
Va. Code Ann. § 62.1-119 — Virginia Code / Title 62.1 / Chapter 9 / Section 62.1-119
Oath of commissioners; duties; report
Status: in_force

The commissioners, before entering upon their duties, shall take an oath faithfully to perform the same, and thereupon shall proceed to inquire and ascertain, if the leave be granted, whether the mansion house of any person, or the outhouses, yard, garden, or orchards thereto belonging, will be overflowed or taken; whether and in what degree ordinary navigation and the passage of fish will be obstructed; whether by any, and if any, by what means such obstruction may be prevented; and whether the health of the neighbors will be annoyed by the stagnation of the waters or otherwise. They shall also circumscribe so much of the lands, not owned by the applicant, as may be necessary for the canal, dam, or work to be constructed as aforesaid, not being (beyond what is in the bed of the watercourse) more than one acre for a dam, nor more than 100 feet in width for a canal, and shall ascertain what will be a just compensation therefor. Any lands which will probably be overflowed or deprived of water, or otherwise injured by such canal or dam, or be injured by the construction of the work aforesaid, shall likewise be examined by them, and they shall ascertain what will be a just compensation to the several owners thereof, for the damage to the same respectively. All of which matters the commissioners shall set forth in a report, which they shall make out, sign, and return to the court by which they were appointed.

Code 1950, § 62-98; 1968, c. 659.
Va. Code Ann. § 62.1-259 — Virginia Code / Title 62.1 / Chapter 25 / Section 62.1-259
Certain withdrawals; permit not required
Status: in_force

No ground water withdrawal permit shall be required for (i) withdrawals of less than 300,000 gallons a month; (ii) temporary construction dewatering; (iii) temporary withdrawals associated with a state-approved ground water remediation; (iv) the withdrawal of ground water for use by a ground water heat pump where the discharge is reinjected into the aquifer from which it is withdrawn; (v) the withdrawal from a pond recharged by ground water without mechanical assistance; (vi) the withdrawal of water for geophysical investigations, including pump tests; (vii) the withdrawal of ground water coincident with exploration for and extraction of coal or activities associated with coal mining regulated by the Department of Energy; (viii) the withdrawal of ground water coincident with the exploration for or production of oil, gas or other minerals other than coal, unless such withdrawal adversely impacts aquifer quantity or quality or other ground water users within a ground water management area; (ix) the withdrawal of ground water in any area not declared a ground water management area; or (x) the withdrawal of ground water pursuant to a special exception issued by the Board.

1992, c. 812; 2021, Sp. Sess. I, c. 532 .
Va. Code Ann. § 62.1-73 — Virginia Code / Title 62.1 / Chapter 6 / Section 62.1-73
Appointment and removal of Virginia members of Commission
Status: in_force

In pursuance of Article IV of said compact there shall be three members of the Ohio River Valley Water Sanitation Commission from Virginia. Two members of the Commission shall be appointed by the Governor, subject to confirmation by the General Assembly, from the membership of the State Water Control Board continued under § 62.1-44.7 . The term of the commissioner shall be coincident with that of his term upon the State Water Control Board. Any vacancy in the office of the commissioner shall be filled by appointment by the Governor. The third Virginia member of the Commission shall be the Director of the Department of Environmental Quality. Any member of the Commission appointed pursuant to this section who cannot be present at a meeting of the Commission, or at any committee or subcommittee of the Commission, may designate any employee of the Department of Environmental Quality or a member of the State Water Control Board to attend the meeting and vote on his behalf.

Any commissioner may be removed from office by the Governor.

Code 1950, § 62-67.4; 1968, c. 659; 2005, c. 517 ; 2009, c. 467 ; 2013, cc. 756 , 793 .
Va. Code Ann. § 62.1-132.4 — Virginia Code / Title 62.1 / Chapter 10 / Section 62.1-132.4
Rates and rate structures
Status: in_force

The Authority shall have power to establish a traffic bureau or other office to investigate and seek improvement in any rates, rate structures, practices, and charges affecting or tending to affect the commerce of the ports of the Commonwealth. Notwithstanding any provision of law to the contrary, the Authority shall not disclose proprietary information and data furnished to it in confidence, including but not limited to customer contracts, agreements, or information; ship tally sheets; ship manifests; information relating to tonnages and cargoes; annual budgets; and other information furnished to it by any entity, including but not limited to any entity operating a terminal on behalf of the Virginia Port Authority.

1981, c. 589; 1997, c. 197 ; 2013, cc. 762 , 794 .
Va. Code Ann. § 62.1-244 — Virginia Code / Title 62.1 / Chapter 24 / Section 62.1-244
Board may require information from persons withdrawing surface water
Status: in_force

The Board may require any person withdrawing surface water for any purpose in any surface water management area to furnish information with regard to such surface water withdrawal and the use thereof.

1989, c. 721.
Va. Code Ann. § 62.1-115 — Virginia Code / Title 62.1 / Chapter 8 / Section 62.1-115
Use of waters stored
Status: in_force

Any owner constructing an impounding structure under the provisions of this chapter shall have the sole and unrestricted use of the floodwaters thus stored for the purpose for which the storage was authorized.

Code 1950, § 62-94.12; 1956, c. 632; 1968, c. 659.
Va. Code Ann. § 62.1-187 — Virginia Code / Title 62.1 / Chapter 18 / Section 62.1-187
Punishment of offenses relating to buoys, beacons or day marks
Status: in_force

Any person or persons who shall moor any vessel or vessels of any kind or name whatsoever or any raft or any part of a raft to any buoy, beacon, or day mark, placed in the waters of Virginia by authority of the United States or shall in any manner hang on with any vessel or raft or any part of a raft to any such buoy, beacon, or day mark, or shall willfully remove, damage or destroy any such buoy, beacon or day mark, or shall cut down, remove, damage or destroy any beacon or beacons erected on land in this Commonwealth by the authority of the United States or through unavoidable accident run down, drag from its position, or in any way injure any buoy, beacon, or day mark as aforesaid and shall fail to give notice as soon as practicable of having done so to the harbor master or other legal manager of the port or to the United States Coast Guard within the district in which such buoy, beacon or day mark may be located, shall for every such offense be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $200 or by imprisonment not to exceed three months or both; one-third of the fine in each case shall be paid to the informer and two-thirds thereof to the lighthouse board to be used in repairing the buoys and beacons.

Any person having charge of any raft passing any buoy, beacon or day mark who shall not exercise due diligence in keeping clear of it, or if unavoidably fouling it shall not exercise due diligence in clearing it without dragging from it such buoy, beacon or day mark shall be guilty of a misdemeanor, and upon conviction shall be punished by fine not to exceed fifty dollars.

Code 1950, § 62-175; 1968, c. 659.
Va. Code Ann. § 62.1-218 — Virginia Code / Title 62.1 / Chapter 21 / Section 62.1-218
Grants to local governments
Status: in_force

The Authority shall have the power and authority, with any funds of the Authority available for this purpose, to make grants to local governments. In determining which local governments are to receive grants, the Department of Environmental Quality, the Department of Health, the Department of Housing and Community Development, and the Virginia Waste Management Board shall assist the Authority in determining needs for wastewater treatment facilities; water supply facilities; solid waste treatment, disposal, or management facilities; housing, including housing for persons and families of low and moderate income; or recycling facilities, and the method and form of such grants.

1984, c. 699; 1992, cc. 378, 887; 2023, cc. 440 , 441 .
Va. Code Ann. § 62.1-148 — Virginia Code / Title 62.1 / Chapter 11 / Section 62.1-148
Resolutions and ordinances assuring local cooperation
Status: in_force

The governing body of any county, city or town is authorized to adopt such resolutions and/or ordinances as may be required giving it assurances to the Secretary of the Army or the Chief of Engineers of the United States Army for the fulfillment of the required items of local cooperation as expressed in acts of Congress and/or congressional documents, as conditions precedent to the accomplishment of river and harbor and flood control projects of the United States, when it shall appear, and is determined, by such local governing body that any such project will accrue to the general or special benefit of such county, city or town. In each case where the subject of such local cooperation requirements comes before a governing body a copy of its final action, whether it be favorable or unfavorable, will be sent to the Commissioner of Water Resources for the information of the Governor.

Code 1950, § 62-117.1; 1958, c. 197; 1968, c. 659.
Va. Code Ann. § 62.1-44.15:1.2 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 2 / Section 62.1-44.15:1.2
Lake level contingency plans
Status: in_force

Any Virginia Pollutant Discharge Elimination System permit issued for a surface water impoundment whose primary purpose is to provide cooling water to power generators shall include a lake level contingency plan to allow specific reductions in the flow required to be released when the water level above the dam drops below designated levels due to drought conditions. The plan shall take into account and minimize any adverse effects of any release reduction requirements on beneficial uses, as defined in § 62.1-10 , within the impoundment, and on downstream users. The reduction in release amounts required by a lake level contingency plan shall not be implemented to the extent they result in an adverse impact to (i) the ability to meet water quality standards based upon permitted discharge amounts, (ii) the ability to provide adequate water supplies for consumptive purposes such as drinking water and fire protection, and (iii) fish and wildlife resources. In the event there is an imminent threat of such an adverse impact, the permit holder and the Department of Environmental Quality shall be notified. Upon such notification, the permit holder may increase release amounts as specified in the permit for up to forty-eight hours or until such time as the Department of Environmental Quality determines whether or not the increase in release amounts is necessary. This section shall not apply to any such facility that addresses releases and flow requirements during drought conditions in a Virginia Water Protection Permit.

2000, cc. 103 , 119 ; 2001, c. 116 .
Va. Code Ann. § 62.1-44.106 — Virginia Code / Title 62.1 / Chapter 3.4 / Section 62.1-44.106
Repealed
Status: repealed

Repealed by Acts 1986, c. 615.
Va. Code Ann. § 62.1-44.34:29 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 13 / Section 62.1-44.34:29
Definitions
Status: in_force

As used in this article, unless the context requires a different meaning:

"Committee" means the PFAS Expert Advisory Committee established in § 62.1-44.34:33 .

"EPA" means the U.S. Environmental Protection Agency.

"HFPO-DA" means hexafluoropropylene oxide dimer acid.

"PFAS" means per- and polyfluoroalkyl substances, which are any fluorinated substances that contain at least one fully fluorinated methyl or methylene carbon atom and any precursors of such substances. "PFAS" includes HFPO-DA, PFBS, PFHxS, PFNA, PFOA, and PFOS.

"PFAS maximum contaminant level" or "PFAS MCL" means any maximum contaminant level for any PFAS chemical or mixture of PFAS chemicals (i) established by the EPA as a national primary drinking water regulation or (ii) for the interim period of time between the EPA's proposal and final agency action for adopting a national primary drinking water regulation, the EPA's proposed level, provided that the EPA's proposed level may be used only for nonregulatory purposes of self-reporting of manufacturing or use, monitoring, and PFAS assessments as provided in this article.

"PFBS" means perfluorobutane sulfonate.

"PFHxS" means perfluorohexane sulfonate.

"PFNA" means perfluorononanoic acid.

"PFOA" means perfluorooctanoic acid.

"PFOS" means perfluorooctane sulfonate.

"Public water system" means a system that provides piped water for human consumption and (i) serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents or (ii) regularly serves at least 25 of the same persons over six months of the year.

"VDH" means the Virginia Department of Health.

"VPDES" means the Virginia Pollutant Discharge Elimination System.

2024, cc. 316 , 343 .
Va. Code Ann. § 62.1-44.34:35 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 14 / Section 62.1-44.34:35
Definitions
Status: in_force

As used in this article, unless the context requires a different meaning:

"Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping, except discharges in compliance with a permit issued by the Board or Department.

"EPA" means the U.S. Environmental Protection Agency.

"Facility" means any development, building, structure, or installation within the Commonwealth that is required to submit a facility response plan pursuant to the EPA's Clean Water Act Hazardous Substances Facility Response Plans pursuant to 40 C.F.R. Part 118.

"Hazardous substance" means any federal Clean Water Act hazardous substance designated in 40 C.F.R. Part 116. "Hazardous substance" does not include oil.

"Oil" means oil of any kind and in any form, including animal fat, vegetable oil, cooking oil, petroleum and any petroleum by-product, fuel oil, lubricating oil, sludge, oil refuse, oil mixed with other wastes that are not a hazardous substance, crude oil, and any other liquid hydrocarbon regardless of specific gravity.

"Operator" means any person that owns, operates, charters, rents, or otherwise exercises control or responsibility for a facility.

2025, c. 279 .
Va. Code Ann. § 62.1-85 — Virginia Code / Title 62.1 / Chapter 7 / Section 62.1-85
License required to construct dam; application
Status: in_force

The construction or reconstruction of any such dam as is mentioned in § 62.1-83 shall not be begun until the person, firm, association, corporation, private or municipal, or public utility as defined in § 56-232 proposing to construct or reconstruct the same shall first obtain a license so to do from the State Corporation Commission. The application for such license shall be filed with the Commission and in it all the essential facts shall be stated to enable the Commission to pass upon its merits. A copy of such application shall also be filed by the applicant with the Executive Director of the State Water Control Board within ten days after filing such application with the State Corporation Commission. Each application for license shall be accompanied by such maps, plans and other information as may be necessary to give a clear and full understanding of the proposed scheme of development, and of dams, generating stations or other major structures, if any, involved therein.

Code 1950, § 62-73; 1968, c. 659; 1982, c. 183.
Va. Code Ann. § 62.1-110 — Virginia Code / Title 62.1 / Chapter 8 / Section 62.1-110
Court to hear and determine issues; reference to commissioner
Status: in_force

The court, on the day specified in the order of publication, shall hear and determine the issues in the proceeding based on the report and other evidence. In its discretion the court may refer any matter to a commissioner in chancery to take such evidence as may be proper and to make a report to the court.

Code 1950, § 62-94.7; 1956, c. 632; 1968, c. 659.
Va. Code Ann. § 62.1-44.15:37 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 2.3 / Section 62.1-44.15:37
Notices to comply and stop work orders
Status: in_force

A. When the VESMP authority or the Board determines that there is a failure to comply with the permit conditions or conditions of land-disturbance approval, or to obtain an approved plan, permit, or land-disturbance approval prior to commencing land-disturbing activities, the VESMP authority or the Board may serve a notice to comply upon the owner, permittee, or person conducting land-disturbing activities without an approved plan, permit, or approval. Such notice to comply shall be served by delivery by facsimile, email, or other technology; by mailing with confirmation of delivery to the address specified in the permit or land-disturbance application, if available, or in the land records of the locality; or by delivery at the site to a person previously identified to the VESMP authority by the permittee or owner. The notice to comply shall specify the measures needed to comply with the permit or land-disturbance approval conditions, or shall identify the plan approval or permit or land-disturbance approval needed to comply with this article, and shall specify a reasonable time within which such measures shall be completed. In any instance in which a required permit or land-disturbance approval has not been obtained, the VESMP authority or the Board may require immediate compliance. In any other case, the VESMP authority or the Board may establish the time for compliance by taking into account the risk of damage to natural resources and other relevant factors. Notwithstanding any other provision in this subsection, a VESMP authority or the Board may count any days of noncompliance as days of violation should the VESMP authority or the Board take an enforcement action. The issuance of a notice to comply by the Board shall not be considered a case decision as defined in § 2.2-4001 .

B. Upon failure to comply within the time specified in a notice to comply issued in accordance with subsection A, a locality serving as the VESMP authority or the Board may issue a stop work order requiring the owner, permittee, or person conducting the land-disturbing activities without an approved plan or required permit or land-disturbance approval to cease all land-disturbing activities until the violation has ceased, or an approved plan and required permits and approvals are obtained, and specified corrective measures have been completed. The VESMP authority or the Board shall lift the order immediately upon completion and approval of corrective action or upon obtaining an approved plan or any required permits or approvals.

C. When such an order is issued by the Board, it shall be issued in accordance with the procedures of the Administrative Process Act (§ 2.2-4000 et seq.). Such orders shall become effective upon service on the person in the manner set forth in subsection A. However, where the alleged noncompliance is causing or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth or otherwise substantially impacting water quality, the locality serving as the VESMP authority or the Board may issue, without advance notice or procedures, an emergency order directing such person to cease immediately all land-disturbing activities on the site and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order.

D. The owner, permittee, or person conducting a land-disturbing activity may appeal the issuance of any order to the circuit court of the jurisdiction wherein the violation was alleged to occur or other appropriate court.

E. An aggrieved owner of property sustaining pecuniary damage from soil erosion or sediment deposition resulting from a violation of an approved plan or required land-disturbance approval, or from the conduct of a land-disturbing activity commenced without an approved plan or required land-disturbance approval, may give written notice of an alleged violation to the locality serving as the VESMP authority and to the Board.

1. If the VESMP authority has not responded to the alleged violation in a manner that causes the violation to cease and abates the damage to the aggrieved owner's property within 30 days following receipt of the notice from the aggrieved owner, the aggrieved owner may request that the Board conduct an investigation and, if necessary, require the violator to stop the alleged violation and abate the damage to the property of the aggrieved owner.

2. Upon receipt of the request, the Board shall conduct an investigation of the aggrieved owner's complaint. If the Board's investigation of the complaint indicates that (i) there is a violation and the VESMP authority has not responded to the violation as required by the VESMP and (ii) the VESMP authority has not responded to the alleged violation in a manner that causes the violation to cease and abates the damage to the aggrieved owner's property within 30 days from receipt of the notice from the aggrieved owner, then the Board shall give written notice to the VESMP authority that the Board intends to issue an order pursuant to subdivision 3.

3. If the VESMP authority has not instituted action to stop the violation and abate the damage to the aggrieved owner's property within 10 days following receipt of the notice from the Board, the Board is authorized to issue an order requiring the owner, person responsible for carrying out an approved plan, or person conducting the land-disturbing activity without an approved plan or required land-disturbance approval to cease all land-disturbing activities until the violation of the plan has ceased or an approved plan and required land-disturbance approval are obtained, as appropriate, and specified corrective measures have been completed. The Board also may immediately initiate a program review of the VESMP.

4. Such orders are to be issued in accordance with the procedures of the Administrative Process Act (§ 2.2-4000 et seq.) and they shall become effective upon service on the person by mailing, with confirmation of delivery, sent to his address specified in the land records of the locality, or by personal delivery by an agent of the Board. Any subsequent identical mail or notice that is sent by the Board may be sent by regular mail. However, if the Board finds that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, it may issue, without advance notice or hearing, an emergency order directing such person to cease all land-disturbing activities on the site immediately and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order.

5. If a person who has been issued an order or an emergency order is not complying with the terms thereof, the Board may institute a proceeding in the appropriate circuit court for an injunction, mandamus, or other appropriate remedy compelling the person to comply with such order. Any person violating or failing, neglecting, or refusing to obey any injunction, mandamus, or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty in accordance with the provisions of § 62.1-44.15:48 . Any civil penalties assessed by a court shall be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established pursuant to § 62.1-44.15:29.1 .

1989, cc. 467, 499, § 10.1-603.11; 2004, c. 372 ; 2012, cc. 785 , 819 ; 2013, cc. 756 , 793 ; 2016, cc. 68 , 758 .
Va. Code Ann. § 62.1-44.43 — Virginia Code / Title 62.1 / Chapter 3.2 / Section 62.1-44.43
Additional powers of Board
Status: in_force

In addition to other powers conferred by the foregoing sections, the Board shall have the following powers:

(a) To administer all funds available to the Board for carrying out the purposes and duties prescribed in §§ 62.1-44.36 through 62.1-44.43 ;

(b) To disburse funds to any department, commission, board, agency, officer or institution of the Commonwealth, or any political subdivision thereof for carrying out such purposes but in the disbursement of such funds the Board shall have no power to include, require or consider membership or nonmembership in any group, organization or political entity of whatsoever nature, and any formula for such distribution; except to the extent as may be required for qualification for such federal funds as may be involved in such distribution;

(c) To apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from federal programs respecting or related to conservation or development of the Commonwealth's water and related land resources;

(d) To act either independently or jointly with any department, commission, board, agency, officer or institution of the Commonwealth or any political subdivision thereof in order to carry out the Board's powers and duties;

(e) To accept gifts, bequests and any other things to be used for carrying out its purposes, powers and duties.

Code 1950, § 10-17.8; 1966, c. 561; 1972, c. 728; 1973, c. 450.
Va. Code Ann. § 62.1-217 — Virginia Code / Title 62.1 / Chapter 21 / Section 62.1-217
Grants from Commonwealth
Status: in_force

The Commonwealth may make grants of money or property to the Authority for the purpose of enabling it to carry out its corporate purposes and for the exercise of its powers, including deposits to the capital reserve funds. This section shall not be construed to limit any other power the Commonwealth may have to make grants to the Authority.

1984, c. 699.
Va. Code Ann. § 62.1-142 — Virginia Code / Title 62.1 / Chapter 10 / Section 62.1-142
Charges for use of port facilities; sinking fund created from revenues for payment of bonds
Status: in_force

The Authority is hereby authorized to fix and revise charges for the use of the port facilities under its control and the different parts or sections thereof, and to contract with any person, partnership, association or corporation desiring the use of any part thereof, and to fix the terms, conditions, rents and rates of charges for such use. Such charges shall be so fixed and adjusted in respect of the aggregate of charges from the port facility or the portion or portions thereof in connection with which revenue bonds or refunding bonds shall have been issued under the provisions of this chapter as to provide a fund sufficient with other revenues, if any, to pay (a) the cost of maintaining, repairing and operating such port facility or portion or portions and (b) the principal of and the interest on such bonds as the same shall become due and payable, and to create reserves for such purposes. Such charges shall not be subject to supervision or regulation by any commission, board, bureau or agency of the Commonwealth or of any municipality, county or other political subdivision of the Commonwealth. The charges and all other revenues derived from the port facility or portion or portions in connection with which such bonds shall have been issued except such part thereof as may be necessary to pay such cost of maintenance, repair and operation and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be set aside at such regular intervals as may be provided in such resolution or such trust agreement in a sinking fund which is hereby pledged to, and charged with, the payment of the principal of and the interest on such bonds as the same shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time when the pledge is made; the charges and other revenues or other moneys so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the Authority. The use and disposition of moneys to the credit of such sinking fund shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of such trust agreement. Except as may otherwise be provided in such resolution or such trust agreement, such sinking fund shall be a fund for all such bonds without distinction or priority of one over another. In addition to all other powers granted to the Authority by this chapter, the Authority is hereby authorized to pledge to the payment of the principal of and the interest on any bonds under the provisions of this chapter any moneys received or to be received by it under any appropriation made to it by the General Assembly, unless the appropriation is restricted by the General Assembly to specific purposes of the Authority or such pledge is prohibited by the law making such appropriations; provided, however, that nothing herein shall be construed to obligate the General Assembly to make any such appropriation.

Code 1950, § 62-106.14; 1954, c. 667; 1958, c. 174; 1968, c. 659; 1981, c. 590.
Va. Code Ann. § 62.1-225 — Virginia Code / Title 62.1 / Chapter 22 / Section 62.1-225
Creation and management of Fund
Status: in_force

There shall be set apart as a permanent and perpetual fund, to be known as the "Virginia Water Facilities Revolving Fund," sums appropriated to the Fund by the General Assembly, sums allocated to the Commonwealth expressly for the purposes of establishing a revolving fund concept through the Clean Water Act (33 U.S.C. § 1251 et seq.), as amended from time to time, all receipts by the Fund from loans made by it to local governments or other entities as permitted by federal law, all income from the investment of moneys held in the Fund, and any other sums designated for deposit to the Fund from any source public or private. The Fund shall be administered and managed by the Authority as prescribed in this chapter, subject to the right of the Board, following consultation with the Authority, to direct the distribution of loans or grants from the Fund to particular local governments or other entities and to establish the interest rates and repayment terms of such loans as provided in this chapter. In order to carry out the administration and management of the Fund, the Authority is granted the power to employ officers, employees, agents, advisers and consultants, including, without limitation, attorneys, financial advisers, engineers and other technical advisers and public accountants and, the provisions of any other law to the contrary notwithstanding, to determine their duties and compensation without the approval of any other agency or instrumentality. The Authority may disburse from the Fund its reasonable costs and expenses incurred in the administration and management of the Fund and a reasonable fee to be approved by the Board for its management services. The Authority may provide a portion of that fee to the Department of Environmental Quality to cover the Department's costs and expenses in administering the construction assistance loan program.

1986, c. 415; 1999, c. 1012 ; 2009, c. 351 .
Va. Code Ann. § 62.1-44.32 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 6 / Section 62.1-44.32
Penalties
Status: in_force

(a) Except as otherwise provided in this chapter, any person who violates any provision of this chapter, or who fails, neglects, or refuses to comply with any regulation, certificate, land-disturbance approval, or order of the Board, or order of a court, issued as herein provided, shall be subject to a civil penalty not to exceed $32,500 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 (§ 10.1-2500 et seq.) of Title 10.1, excluding penalties assessed for violations of Article 2.3 (§ 62.1-44.15:24 et seq.), 2.4 (§ 62.1-44.15:51 et seq.), 2.5 (§ 62.1-44.15:67 et seq.), 9 (§ 62.1-44.34:8 et seq.), or 10 (§ 62.1-44.34:10 et seq.) of Chapter 3.1 of Title 62.1, or a regulation, administrative or judicial order, or term or condition of approval relating to or issued under those articles.

Such civil penalties may, in the discretion of the court assessing them, be directed to be paid into the treasury of the county, city, or town in which the violation occurred, to be used for the purpose of abating environmental pollution therein in such manner as the court may, by order, direct, except that where the owner in violation is such county, city, or town itself, or its agent, the court shall direct such penalty to be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of Title 10.1, excluding penalties assessed for violations of Article 2.3, 2.4, 2.5, 9, or 10 of Chapter 3.1 of Title 62.1, or a regulation, administrative or judicial order, or term or condition of approval relating to or issued under those articles.

In the event that a county, city, or town, or its agent, is the owner, such county, city, or town, or its agent, may initiate a civil action against any user or users of a waste water treatment facility to recover that portion of any civil penalty imposed against the owner proximately resulting from the act or acts of such user or users in violation of any applicable federal, state, or local requirements.

(b) Except as otherwise provided in this chapter, any person who willfully or negligently violates (1) any provision of this chapter, any regulation or order of the Board, or any condition of a certificate or land-disturbance approval of the Board, (2) any land-disturbance approval, ordinance, or order of a locality serving as a Virginia Erosion and Stormwater Management Program authority, or (3) any order of a court shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not less than $2,500 nor more than $32,500, either or both. Any person who knowingly violates (A) any provision of this chapter, any regulation or order of the Board, or any condition of a certificate or land-disturbance approval of the Board, (B) any land-disturbance approval, ordinance, or order of a locality serving as a Virginia Erosion and Stormwater Management Program authority, or (C) any order of a court issued as herein provided, or who knowingly makes any false statement in any form required to be submitted under this chapter or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall be guilty of a felony punishable by a term of imprisonment of not less than one year nor more than three years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not less than $5,000 nor more than $50,000 for each violation. Any defendant that is not an individual shall, upon conviction of a violation under this subsection, be sentenced to pay a fine of not less than $10,000. Each day of violation of each requirement shall constitute a separate offense.

(c) Except as otherwise provided in this chapter, any person who knowingly violates any provision of this chapter, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily harm, shall, upon conviction, be guilty of a felony punishable by a term of imprisonment of not less than two years nor more than 15 years and a fine of not more than $250,000, either or both. A defendant that is not an individual shall, upon conviction of a violation under this subsection, be sentenced to pay a fine not exceeding the greater of $1 million or an amount that is three times the economic benefit realized by the defendant as a result of the offense. The maximum penalty shall be doubled with respect to both fine and imprisonment for any subsequent conviction of the same person under this subsection.

(d) Criminal prosecution under this section shall be commenced within three years of discovery of the offense, notwithstanding the limitations provided in any other statute.

Code 1950, § 62.1-44; 1968, c. 659; 1970, c. 638; 1974, c. 237; 1977, c. 263; 1980, c. 378; 1981, cc. 582, 596; 1989, c. 627; 1990, cc. 13, 717; 1991, c. 718; 2005, c. 706 ; 2013, cc. 756 , 793 ; 2016, cc. 68 , 758 .
Va. Code Ann. § 62.1-132.3:5 — Virginia Code / Title 62.1 / Chapter 10 / Section 62.1-132.3:5
Virginia Port Volume Increase Grant Program and Fund
Status: in_force

A. As used in this section:

"Agricultural entity" means a person engaged in growing or producing wheat, grains, fruits, nuts, or crops; tobacco, nursery, or floral products; forestry products, excluding raw wood fiber or wood fiber processed or manufactured for use as fuel for the generation of electricity; or seafood, meat, dairy, or poultry products.

"Base year port cargo volume" means the total amount of (i) net tons of noncontainerized cargo, (ii) TEUs of cargo, or (iii) units of roll-on/roll-off cargo actually transported by way of a waterborne ship or vehicle through a port facility during the period from January 1, 2023, through December 31, 2024. Base year port cargo volume must be at least 75 net tons of noncontainerized cargo, 10 loaded TEUs, or 10 units of roll-on/roll-off cargo for an eligible entity to be eligible for the grants provided in this section. For an eligible entity that did not ship that amount in the year ending December 31, 2023, including an eligible entity that locates in Virginia after such periods, its base cargo volume shall be measured by the initial January 1 through December 31 calendar year in which it meets the requirements of 75 net tons of noncontainerized cargo, 10 loaded TEUs, or 10 units of roll-on/roll-off cargo. Base year port cargo volume shall be recalculated each calendar year after the initial base year.

"Eligible entity" means an agricultural entity, manufacturing-related entity, or mineral and gas entity.

"Major facility" means a new facility to be located in Virginia that is projected to import or export cargo through a port in excess of 25,000 TEUs in its first calendar year.

"Manufacturing-related entity" means a person engaged in the manufacturing of goods or the distribution of manufactured goods.

"Mineral and gas entity" means a person engaged in severing minerals or gases from the earth.

"Port cargo volume" means the total amount of net tons of noncontainerized cargo, net units of roll-on/roll-off cargo, or containers measured in TEUs of cargo transported by way of a waterborne ship or vehicle through a port facility.

"Port facility" means any publicly or privately owned facility located within the Commonwealth through which cargo is transported by way of a waterborne ship or vehicle to or from destinations outside the Commonwealth and that handles cargo owned by third parties in addition to cargo owned by the port facility's owner.

"TEU" or "20-foot equivalent unit" means a volumetric measure based on the size of a container that is 20 feet long by eight feet wide by eight feet, six inches high.

B. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Port Volume Increase Grant Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purpose of providing grants to eligible entities pursuant to subsections C and D. Expenditures and disbursements from the Fund, which shall be in the form of grants, shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Executive Director.

C. 1. Beginning January 1, 2025, an eligible entity that uses port facilities in the Commonwealth and increases its port cargo volume at these facilities by a minimum of five percent in a single calendar year over its base year port cargo volume shall be eligible to receive a grant from the Fund in an amount determined by the Virginia Port Authority in accordance with subdivisions 2 and 3. The Virginia Port Authority may waive the requirement that port cargo volume be increased by a minimum of five percent over base year port cargo volume for any eligible entity that qualifies as a major facility.

2. Eligible entities that increase their port cargo volume by a minimum of five percent in a calendar year shall be eligible to receive a grant in the amount of $50 for each TEU, unit of roll-on/roll-off cargo, or 16 net tons of noncontainerized cargo, as applicable, above the base year port cargo volume. An eligible entity that is a major facility as defined in this section shall be eligible to receive a grant in the amount of $50 for each TEU, unit of roll-on/roll-off cargo, or 16 net tons of noncontainerized cargo, as applicable, transported through a port facility during the major facility's first calendar year. An eligible entity may not receive more than $250,000 for each calendar year. The maximum amount of grants allowed for all eligible entities pursuant to this section shall not exceed $3.8 million for each calendar year. In the event that the amount of eligible grants requested in a fiscal year exceeds the funds available in the Fund or $3.8 million, such grants shall be paid in the next fiscal year in which funds are available. The Virginia Port Authority shall allocate the grants pursuant to the provisions of subdivision D.

3. An eligible entity shall be eligible for a grant pursuant to this section only if the eligible entity owns the cargo at the time the port facilities are used.

D. For every year in which an eligible entity is applies for a grant, the eligible entity shall submit an application to the Virginia Port Authority by March 1 of the calendar year after the calendar year in which the increase in port cargo volume occurs. The eligible entity shall attach a schedule to its application with the following information and any other information requested by the Virginia Port Authority:

1. A description of how the base year port cargo volume and the increase in port cargo volume were determined;

2. The amount of the base year port cargo volume; and

3. The amount of the increase in port cargo volume for the calendar year stated both as a percentage increase and as a total increase in net tons of noncontainerized cargo, TEUs of cargo, and units of roll-on/roll-off cargo, as applicable, including information that demonstrates an increase in port cargo volume in excess of the minimum amount required to claim the grants awarded pursuant to this section.

E. The Virginia Port Authority shall not make awards under this section to applicants who are receiving tax credits for under § 58.1-439.12:10 for the same cargo.

F. The Virginia Port Authority shall develop guidelines establishing procedures and requirements for qualifying for grants under this section. The guidelines shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq.).

2023, cc. 238 , 239 .
Va. Code Ann. § 62.1-44.15:78 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 2.5 / Section 62.1-44.15:78
State agency consistency
Status: in_force

All agencies of the Commonwealth shall exercise their authorities under the Constitution and laws of Virginia in a manner consistent with the provisions of comprehensive plans, zoning ordinances, and subdivision ordinances that comply with §§ 62.1-44.15:74 and 62.1-44.15:75 .

1988, cc. 608, 891, § 10.1-2114; 2013, cc. 756 , 793 .
Va. Code Ann. § 62.1-44.19:19 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 4.02 / Section 62.1-44.19:19
Program audits
Status: in_force

In addition to its permit compliance and enforcement authority, the Department is authorized to conduct such audits of the Association and permittees as it deems necessary to ensure that the reports and data received from permittees and the Association are complete and accurate. The Association and permittees under the general permit shall cooperate with the Department in the conduct of such audits and provide the Department with such information as the Department may require to fulfill its responsibilities under this article.

2005, cc. 708 , 710 .
Va. Code Ann. § 62.1-87 — Virginia Code / Title 62.1 / Chapter 7 / Section 62.1-87
Proceedings at hearing
Status: in_force

At such public hearing the applicant and any other interested person, firm, association or corporation shall be given an opportunity to present facts, evidence and argument for and against the granting of the application.

Code 1950, § 62-75; 1968, c. 659.
Va. Code Ann. § 62.1-206 — Virginia Code / Title 62.1 / Chapter 21 / Section 62.1-206
Sources of payment and security for bonds and credit enhancements
Status: in_force

The Authority shall have the power to pledge any revenue or funds of or under the control of the Authority to the payment of its bonds and credit enhancements, subject only to any prior agreements with the holders of particular bonds or the beneficiaries of particular credit enhancements pledging money or revenue. Bonds or credit enhancements issued by the Authority may be secured by a pledge of any local obligation owned by the Authority, any grant, contribution or guaranty from the United States of America, the Commonwealth or any corporation, association, institution or person, any other property or assets of or under the control of the Authority, or a pledge of any money, income or revenue of the Authority from any source.

1984, c. 699; 1985, c. 67; 1986, c. 415; 1998, c. 399 .
Va. Code Ann. § 62.1-44.119:4 — Virginia Code / Title 62.1 / Chapter 3.8 / Article 1 / Section 62.1-44.119:4
Regulatory format on agricultural practices before effective date
Status: in_force

Notwithstanding the provisions of this chapter, no regulatory action pursuant to §§ 62.1-44.121 and 62.1-44.123 shall be imposed on agricultural practices prior to July 1, 2028, provided that reasonable progress is being achieved and a detailed plan to include full funding, as provided under subsection C of § 10.1-2128.1 , for reaching the needed number of voluntary incentivized practices has been developed.

2023, cc. 735 , 736 .
Va. Code Ann. § 62.1-44.15:49 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 2.3 / Section 62.1-44.15:49
Enforcement authority of MS4 localities
Status: in_force

Each locality subject to an MS4 permit shall adopt an ordinance to implement a municipal separate storm sewer system management program that is consistent with this chapter and that contains provisions as required to comply with an MS4 permit. Such locality may utilize the civil penalty provisions in subdivision A 2 of § 62.1-44.15:48 , the injunctive authority as provided for in subsection C of § 62.1-44.15:48 , the civil charges as authorized in § 62.1-44.15:25.1 , and the criminal provisions in § 62.1-44.32 , to enforce the ordinance. At the request of another MS4, the locality may apply the penalties provided for in this section to direct or indirect discharges to any MS4 located within its jurisdiction.

2008, c. 13 , § 10 .1-603.14:1; 2012, cc. 785 , 819 ; 2013, cc. 756 , 793 ; 2016, cc. 68 , 758 .
Va. Code Ann. § 62.1-44.15:38 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 2.3 / Section 62.1-44.15:38
Repealed
Status: repealed

Repealed by Acts 2016, cc. 68 and 758 , cl. 2, effective July 1, 2024.
Va. Code Ann. § 62.1-132.10 — Virginia Code / Title 62.1 / Chapter 10 / Section 62.1-132.10
Publications of Authority
Status: in_force

A. The Authority may issue periodicals and carry and charge for advertising therein.

B. The Authority may compile and disseminate in a single publication all port charges, rules, and practices in effect at the several ports in the Commonwealth.

1981, c. 589.
Va. Code Ann. § 62.1-132 — Virginia Code / Title 62.1 / Chapter 10 / Section 62.1-132
Local authorities subordinate to Authority
Status: in_force

Any conflict between any authority granted to the several port cities and towns or other entities of this Commonwealth, or the exercise of that authority, and the exercise of the authority granted to the Board of Commissioners under this chapter shall be resolved in favor of the exercise of such authority by the Board of Commissioners.

Code 1950, § 62-106.6; 1952, c. 61; 1968, c. 659; 1970, c. 171; 1981, c. 589.
Va. Code Ann. § 62.1-188 — Virginia Code / Title 62.1 / Chapter 18 / Section 62.1-188
Lien for cost of repairing or replacing buoy, beacon or day mark
Status: in_force

The cost of repairing or replacing any such buoy, beacon, or day mark which may have been misplaced, damaged, or destroyed by any vessel or raft whatsoever having been made fast to any such buoy, beacon, or day mark shall, when the same shall be legally ascertained, be a lien upon such vessel or raft and may be recovered against such vessel or raft and the owner or owners thereof in an action of debt in any court of competent jurisdiction in this Commonwealth.

Code 1950, § 62-176; 1968, c. 659.
Va. Code Ann. § 62.1-232 — Virginia Code / Title 62.1 / Chapter 22 / Section 62.1-232
Liberal construction of chapter
Status: in_force

The provisions of this chapter shall be liberally construed to the end that its beneficial purposes may be effectuated. Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, general, special or local, the provisions of this chapter shall be controlling.

1986, c. 415.
Va. Code Ann. § 62.1-241.4 — Virginia Code / Title 62.1 / Chapter 23.1 / Section 62.1-241.4
Annual audit
Status: in_force

The Auditor of Public Accounts, or his legally authorized representatives, shall annually audit the accounts of the Authority, and the cost of such audit services as shall be required shall be borne by the Authority. The audit shall be performed at least each fiscal year, in accordance with generally accepted auditing standards and, accordingly, include such tests of the accounting records and such auditing procedures as are considered necessary under the circumstances. The Authority shall furnish copies of such audit to the Governor and to the Board.

1992, c. 378.
Va. Code Ann. § 62.1-69.28 — Virginia Code / Title 62.1 / Chapter 5.3 / Section 62.1-69.28
Rappahannock River Basin Commission powers
Status: in_force

A. The Commission shall have no regulatory authority.

B. To carry out its purposes and mission, the Commission shall have the power to:

1. Communicate, including through legislative recommendations, Commission views to local, state and federal legislative and administrative bodies, and to others as it deems necessary and appropriate.

2. Undertake studies and prepare, publish and disseminate information in reports and in other forms related to the water quality and natural resources of the Basin and to further its purposes and mission.

3. Enter into contracts and execute all instruments necessary or appropriate.

4. Perform any lawful acts necessary or appropriate.

5. Establish a nonprofit corporation as an instrumentality to assist in the details of administering its affairs and in raising funds.

6. Seek, apply for, accept and expend gifts, grants and donations, services and other aids, from public or private sources. Other than those from member jurisdictions and those appropriated by the General Assembly, funds may be accepted by the Commission only after an affirmative vote by the Commission or by following such other procedure as may be established by the Commission for the conduct of its business.

7. Establish balanced advisory committees that may include representation from agricultural, environmental, resources-based, industrial, recreational, riparian landowner, development, educational and other interests as it deems necessary and appropriate.

8. Develop rules and procedures for the conduct of its business or necessary to carry out its purposes and mission, including, but not limited to, selecting a chair and vice-chairs, rotating chairmanships, calling meetings and establishing voting procedures. Rules and procedures developed pursuant to this subdivision shall be effective upon an affirmative vote by a majority of the Commission members.

1998, c. 553 ; 2000, cc. 386 , 456 .
Va. Code Ann. § 62.1-272 — Virginia Code / Title 62.1 / Chapter 26 / Section 62.1-272
Potomac Aquifer Recharge Oversight Committee
Status: in_force

A. The Potomac Aquifer Recharge Oversight Committee is established as an advisory board and shall consist of eight voting members and two nonvoting members:

1. The State Health Commissioner or his designee, who shall be a full-time employee of the Virginia Department of Health;

2. The Director of the Department of Environmental Quality or his designee, who shall be a full-time employee of the Department;

3. The Executive Director of the Hampton Roads Planning District Commission or his designee, who shall be a full-time employee of the Hampton Roads Planning District Commission;

4. The two Co-Directors of the Potomac Aquifer Recharge Monitoring Laboratory established pursuant to § 62.1-274 ;

5. The Director of the Occoquan Watershed Monitoring Laboratory, established pursuant to regulations adopted by the Board;

6. A Virginia citizen who is a full-time employee of a water authority or locality that depends on the Potomac Aquifer as a significant source of public drinking water;

7. A Virginia citizen who is a licensed physician engaged in medical practice within the Eastern Virginia Groundwater Management Area;

8. The Regional Administrator of Region III of the U.S. Environmental Protection Agency (EPA) or his designee, who shall be a full-time employee of EPA Region III and shall serve ex officio without voting privileges; and

9. The Director of the Virginia and West Virginia Water Science Center of the U.S. Geological Survey (USGS) or his designee, who shall be a full-time employee of USGS and shall serve ex officio without voting privileges.

The two Virginia citizen members shall be selected on the basis of merit without regard to political affiliation and shall, by character and reputation, reasonably be expected to inspire the highest degree of cooperation and confidence in the work of the Committee. Each citizen member shall be appointed by the Governor, subject to confirmation by the General Assembly, and shall be appointed for an initial term of two years ending July 1, 2021, and for a term of four years thereafter. Any vacancy of the seat of a citizen member other than by expiration of a term shall be filled by the Governor by appointment for the unexpired term.

B. The Director of the Department shall be the initial chairman of the Committee and shall serve an initial term as chairman until July 1, 2020. The Committee shall elect a chairman to serve thereafter from among any of the eight voting members. The chairman shall be elected to serve a one-year term ending the next July 1 or until his successor is elected. There shall be no limitation on the number of consecutive terms that a committee member may be elected to serve as chairman.

C. The Committee shall convene at least quarterly during the initial three years ending July 1, 2022, and shall convene at least once per calendar year thereafter.

2019, cc. 54 , 58 .
Va. Code Ann. § 62.1-69.33:2 — Virginia Code / Title 62.1 / Chapter 5.3 / Section 62.1-69.33:2
Chairman's executive summary of activity and work of the Commission
Status: in_force

The chairman shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Commission no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

2004, c. 471 .
Va. Code Ann. § 62.1-44.15:80 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 2.6 / Section 62.1-44.15:80
Findings and purpose
Status: in_force

The General Assembly determines and finds that to comply with § 401 of the federal Clean Water Act (33 U.S.C. § 1341), any applicant for a federal license or permit to conduct any activity that may result in any discharge into navigable waters shall provide the federal licensing or permitting authority with a certification from the state in which the discharge originates or will originate certifying that any such discharge will comply with applicable provisions of the Clean Water Act. The General Assembly determines and finds that the Virginia Water Protection Permit program has proven to be sufficient to evaluate and, when necessary, mitigate potential water quality impacts for most federally permitted projects. Virginia Water Protection Permit coverage addresses the impacts caused to wetlands and streams by excavating in a wetland, draining or significantly altering wetland acreage or function, filling or dumping in a stream or wetland, or permanently flooding or impounding a wetland area or stream. However, the conditions and requirements of a Virginia Water Protection Permit do not cover activities in upland areas, outside of wetlands and streams, that may result in a discharge to state waters. The General Assembly determines and finds that for construction of natural gas transmission pipelines greater than 36 inches inside diameter that are subject to a certificate of public convenience and necessity under § 7c of the federal Natural Gas Act (15 U.S.C. § 717f(c)), there may be activities in upland areas that may have the potential to affect water quality but that do not fall within the scope of the Virginia Water Protection Permit program. Information related to such impacts would not be contained in the Joint Permit Application utilized to determine permit conditions for a Virginia Water Protection Permit. The General Assembly determines and finds that issuance of a Virginia Water Protection Permit and a certification issued pursuant to this article shall together constitute the certification required under § 401 of the Clean Water Act for natural gas transmission pipelines greater than 36 inches inside diameter subject to § 7c of the Natural Gas Act.

2018, c. 636 .
Va. Code Ann. § 62.1-231 — Virginia Code / Title 62.1 / Chapter 22 / Section 62.1-231
Pledge of loans to secure bonds of Authority
Status: in_force

The Authority is empowered at any time and from time to time to transfer from the Fund to banks or trust companies designated by the Authority any or all of the assets of the Fund to be held in trust as security for the payment of the principal of and premium, if any, and interest on any or all of the bonds (as defined in § 62.1-199 ) of the Authority. The interests of the Fund in any obligations so transferred shall be subordinate to the rights of the trustee under the pledge. To the extent funds are not available from other sources pledged for such purpose, any payments of principal and interest received on the assets transferred or held in trust may be applied by the trustee thereof to the payment of the principal of and premium, if any, and interest on such bonds of the Authority to which the obligations have been pledged, and, if such payments are insufficient for such purpose, the trustee is empowered to sell any or all of such assets and apply the net proceeds from the sale to the payment of the principal of and premium, if any, and interest on such bonds of the Authority. Any assets of the Fund transferred in trust as set forth above and any payments of principal, interest or earnings received thereon shall remain part of the Fund but shall be subject to the pledge to secure the bonds of the Authority and shall be held by the trustee to which they are pledged until no longer required for such purpose by the terms of the pledge. On or before the tenth day of January in each year, the Authority shall transfer, or shall cause the trustee to transfer, to the Fund any assets transferred or held in trust as set forth above which are no longer required to be held in trust pursuant to the terms of the pledge.

1986, c. 415.
Va. Code Ann. § 62.1-69.45 — Virginia Code / Title 62.1 / Chapter 5.6 / Section 62.1-69.45
Definitions
Status: in_force

As used in this chapter, unless the context requires a different meaning:

"Rivanna River Basin" means that land area designated as the Rivanna River Basin by the State Water Control Board pursuant to § 62.1-44.38 and that is also found in the Fifteenth, Seventeenth, Twenty-fourth and Twenty-fifth state Senatorial districts or the Twenty-fifth, Fifty-seventh, Fifty-eighth and Fifty-ninth House of Delegates districts, as those districts existed on January 1, 2002.

2004, c. 394 .
Va. Code Ann. § 62.1-234 — Virginia Code / Title 62.1 / Chapter 23 / Section 62.1-234
Creation and management of Fund
Status: in_force

A. There shall be set apart as a permanent and perpetual fund, to be known as the "Virginia Water Supply Revolving Fund," sums appropriated to the Fund by the General Assembly, all receipts by the Fund from loans made by it to local governments or other entities, all income from the investment of moneys held in the Fund, and any other sums designated for deposit to the Fund from any source public or private. The Fund shall be administered and managed by the Authority as prescribed in this chapter, subject to the right of the Board, following consultation with the Authority, to direct the distribution of loans, loan subsidies (including principal forgiveness) or grants from the Fund to particular local governments or other entities and to establish the interest rates and repayment terms and those public health conditions deemed necessary by the Board of such loans, loan subsidies or grants as provided in this chapter. In order to carry out the administration and management of the Fund, the Authority is granted the power to employ officers, employees, agents, advisers and consultants, including, without limitation, attorneys, financial advisers, engineers and other technical advisers and public accountants and, the provisions of any other law to the contrary notwithstanding, to determine their duties and compensation without the approval of any other agency or instrumentality. However, the Authority shall adopt policies and procedures that minimize the costs of professional services associated with the processing of a loan application and the financing or refinancing of a project, especially in those instances in which the Board has identified the applicant as "disadvantaged."

The Board shall reimburse the Authority for its reasonable costs and expenses incurred in the administration and management of the Fund, and the Board may disburse a reasonable fee, to be approved by the Board, for the Authority's management services. The Board may require status reports on the Fund from the Authority.

B. The Board may enter into a memorandum of understanding or interagency agreement with the State Water Control Board to manage aspects of the Fund, which may include (i) reviewing assistance applications and project bid documents, (ii) monitoring projects, and (iii) ensuring compliance with environmental review and other program requirements. Any memorandum of understanding or interagency agreement shall be approved by the United States Environmental Protection Agency.

1987, c. 324; 1997, cc. 651 , 665 ; 2003, c. 506 .
Va. Code Ann. § 62.1-143 — Virginia Code / Title 62.1 / Chapter 10 / Section 62.1-143
Proceeds of bonds and revenues held in trust for certain purposes
Status: in_force

All moneys received pursuant to the provisions of this chapter, whether as proceeds from the sale of revenue bonds or refunding bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The Authority shall, in the resolution authorizing such bonds or in the trust agreement securing such bonds, provide for the payment of the proceeds of the sale of the bonds and the revenues to be received to a trustee, which shall be any trust company or bank having the powers of a trust company within or without the Commonwealth, who shall act as trustee of the funds, and hold and apply the same to the purposes of this chapter, subject to such regulations as this chapter and such resolution or trust agreement may provide. In the case of the proceeds of the sale of revenue bonds or revenues, the trustee may invest and reinvest such funds pending their need for the construction of the project in securities that are legal investments under the laws of the Commonwealth for funds held by fiduciaries. In the case of the proceeds of the sale of refunding bonds, the trustee may invest and reinvest such funds in direct obligations of, or obligations the principal of and the interest on which are guaranteed by, the United States of America. Such money and the interest, income and profits, if any, earned on such investment, shall be available for the payment of all or any part of the principal, interest, and redemption premium, if any, of the bonds being refunded. The proceeds of the sale of refunding bonds shall be so invested and applied as to assure that the principal, interest, and redemption premium, if any, on the bonds being refunded shall be paid in full on their respective maturity, redemption or interest payment dates. After the terms of the trust have been fully satisfied, and carried out, any balance of such proceeds and interest, income and profits, if any, earned or realized on the investments thereof may be returned to the Authority for use by it in any lawful manner.

Code 1950, § 62-106.15; 1954, c. 667; 1968, c. 1981, c. 590.
Va. Code Ann. § 62.1-44.15:32 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 2.3 / Section 62.1-44.15:32
Repealed
Status: repealed

Repealed by Acts 2016, cc. 68 and 758 , cl. 2, effective July 1, 2024.
Va. Code Ann. § 62.1-153 — Virginia Code / Title 62.1 / Chapter 12 / Section 62.1-153
Repealed
Status: repealed

Repealed by Acts 1988, c. 891.
Va. Code Ann. § 62.1-69.50 — Virginia Code / Title 62.1 / Chapter 5.6 / Section 62.1-69.50
Powers and duties of the Rivanna River Basin Commission
Status: in_force

The Rivanna River Basin Commission shall have the following powers and duties:

1. Develop a plan to promote the coordination of water management within the Basin to maintain flow conditions to protect instream beneficial uses and public water supplies for human consumption;

2. Provide guidance and make recommendations to local, state, and federal legislative and administrative bodies, and to others as it deems necessary and appropriate, regarding the use, stewardship, and enhancement of the Basin's water and other natural resources;

3. Undertake studies and prepare, publish, and disseminate information in reports and in other forms related to the water and natural resources of the Basin and to further its purposes and mission, including but not limited to studies to determine the flow conditions necessary to protect instream beneficial uses and public water supplies for human consumption;

4. Enter into contracts and execute all instruments necessary or appropriate;

5. Perform any lawful acts necessary or appropriate;

6. Establish a nonprofit corporation as an instrumentality of the Commonwealth to assist in the details of administering its affairs and in raising funds;

7. Seek, apply for, accept, and expend gifts, grants, and donations, services, and other aids, from public or private sources. Other than those from member jurisdictions and those appropriated by the General Assembly, funds may be accepted by the Commission only after an affirmative vote by the Commission or by following such other procedure as may be established by the Commission for the conduct of its business;

8. Establish balanced advisory committees that may include representation from agricultural, environmental, resource-based, industrial, recreational, riparian landowner, development, educational, and other interests as it deems necessary and appropriate; and

9. Develop rules and procedures for the conduct of its business as necessary to carry out its purpose and mission, including but not limited to, selecting a chairman and vice-chairman, rotating chairmanships, calling meetings and establishing voting procedures. Rules and procedures developed pursuant to this subdivision shall be effective upon an affirmative vote of a majority of the Commission's members.

2004, c. 394 .
Va. Code Ann. § 62.1-44.34:19.1 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 11 / Section 62.1-44.34:19.1
Registration of aboveground storage tanks
Status: in_force

A. The Board shall compile an inventory of facilities with an aboveground storage capacity of more than 1320 gallons of oil or individual aboveground storage tanks having a storage capacity of more than 660 gallons of oil within the Commonwealth. To develop such an inventory, the Board is hereby authorized to develop regulations regarding registration requirements for facilities and aboveground storage tanks. In adopting such regulations, the Board shall consider whether any registration program required under federal law or regulations is sufficient for purposes of this section.

B. Within ninety days of the effective date of the regulations referred to in subsection A, the operators of a facility shall register the facility with the Board and the local director or coordinator of emergency services appointed pursuant to § 44-146.19 , and provide an inventory of aboveground storage tanks at the facility. If the Board determines that registration under federal law or regulations is inadequate for the purpose of compiling its inventory and that additional registration requirements are necessary, the Board is authorized to assess a fee, according to a schedule based on the size and type of the facility or tank, not to exceed $100 per facility or $50 per tank, whichever is less. Such fee shall be paid at the time of registration or registration renewal. Registration shall be renewed every five years or whenever title to a facility or tank is transferred, whichever first occurs.

C. The operator shall, within thirty days after the upgrade, repair, replacement, or closure of an existing tank or installation of a new tank, notify the Board in writing of such upgrade, repair, replacement, closure or installation.

1992, c. 456.
Va. Code Ann. § 62.1-132.3:4 — Virginia Code / Title 62.1 / Chapter 10 / Section 62.1-132.3:4
Repealed
Status: repealed

Repealed by Acts 2025, c. 78 , cl. 2, effective July 1, 2025.
Va. Code Ann. § 62.1-231.1 — Virginia Code / Title 62.1 / Chapter 22 / Section 62.1-231.1
Sale of loans
Status: in_force

The Authority is empowered at any time and from time to time to sell, upon such terms and conditions as the Authority shall deem appropriate, any loan, or interest therein, made pursuant to this chapter. The net proceeds of sale remaining after the payment of the costs and expenses of the sale shall be designated for deposit to, and become part of, the Fund.

1994, c. 684 .
Va. Code Ann. § 62.1-238 — Virginia Code / Title 62.1 / Chapter 23 / Section 62.1-238
Loans to local governments or other entities
Status: in_force

Money in the Fund shall be used solely to make loans or loan subsidies to local governments or other entities to finance or refinance the cost of any project or to establish or fund an endowment fund to assist in the cost of any project. The local governments or other entities to which loans or loan subsidies are to be made, the purposes of the loan or loan subsidy, and the amount of each such loan or loan subsidy, the interest rate thereon and the repayment terms and those public health conditions deemed necessary by the Board thereof, which may vary between loan recipients, shall be designated in writing by the Board to the Authority following consultation with the Authority. No loan or loan subsidy from the Fund shall exceed the total cost of the project to be financed or the outstanding principal amount of the indebtedness to be refinanced plus reasonable financing expenses.

Except as set forth above, the Authority shall determine the terms and conditions of any loan or loan subsidy from the Fund, which may vary between local governments or other entities. Each loan shall be evidenced by appropriate bonds, notes, or agreements of the local government or other entity payable to the Fund. The bonds or notes shall have been duly authorized by the local government or other entity and executed by its authorized legal representatives. The Authority is authorized to require in connection with any loan or loan subsidy from the Fund such documents, instruments, certificates, legal opinions and other information as it may deem necessary or convenient. In addition to any other terms or conditions which the Authority may establish, the Authority may require, as a condition to making any loan or loan subsidy from the Fund, that the local government or other entity receiving the loan or loan subsidy covenant to perform any of the following:

A. Establish and collect rents, rates, fees and charges to produce revenue sufficient to pay all or a specified portion of (i) the costs of operation, maintenance, replacement, renewal and repairs of the project; (ii) any outstanding indebtedness incurred for the purposes of the project, including the principal of and premium, if any, and interest on the loan from the Fund to the local government or other entity; and (iii) any amounts necessary to create and maintain any required reserve, including any rate stabilization fund deemed necessary or appropriate by the Authority to offset the need, in whole or part, for future increases in rents, rates, fees or charges;

B. With respect to a local government, levy and collect ad valorem taxes on all property within the jurisdiction of the local government subject to local taxation sufficient to pay the principal of and premium, if any, and interest on the loan or loan subsidy from the Fund to the local government;

C. Create and maintain a special fund or funds for the payment of the principal of and premium, if any, and interest on the loan or loan subsidy from the Fund to the local government or other entity and any other amounts becoming due under any agreement entered into in connection with the loan or loan subsidy, or for the operation, maintenance, repair or replacement of the project or any portions thereof or other property of the local government or other entity, and deposit into any fund or funds amounts sufficient to make any payments on the loan or loan subsidy as they become due and payable;

D. Create and maintain other special funds as required by the Authority; and

E. Perform other acts, including the conveyance of, or the granting of liens on or security interests in, real and personal property, together with all rights, title and interest therein, to the Fund, or take other actions as may be deemed necessary or desirable by the Authority to secure payment of the principal of and premium, if any, and interest on the loan or loan subsidy from the Fund and to provide for the remedies of the Fund in the event of any default in the payment of the loan or loan subsidy, including, without limitation, any of the following:

1. The procurement of insurance, guarantees, letters of credit and other forms of collateral, security, liquidity arrangements or credit supports for the loan or loan subsidy from any source, public or private, and the payment therefor of premiums, fees or other charges;

2. The combination of one or more projects, or the combination of one or more projects with one or more other undertakings, facilities, utilities or systems, for the purpose of operations and financing, and the pledging of the revenues from such combined projects, undertakings, facilities, utilities and systems to secure the loan or loan subsidy from the Fund made in connection with such combination or any part or parts thereof;

3. The maintenance, replacement, renewal and repair of the project; and

4. The procurement of casualty and liability insurance.

All local governments or other entities borrowing money from the Fund are authorized to perform any acts, take any action, adopt any proceedings and make and carry out any contracts that are contemplated by this chapter. Such contracts need not be identical among all local governments or other entities, but may be structured as determined by the Authority according to the needs of the contracting local governments or other entities and the Fund.

Subject to the rights, if any, of the registered owners of any of the bonds of the Authority, the Authority may consent to and approve any modification in the terms of any loan or loan subsidy subject to guidelines adopted by the Board.

1987, c. 324; 1997, cc. 651 , 665 .
Va. Code Ann. § 62.1-44.108 — Virginia Code / Title 62.1 / Chapter 3.5 / Section 62.1-44.108
Repealed
Status: repealed

Repealed by Acts 1988, c. 891.
Va. Code Ann. § 62.1-135 — Virginia Code / Title 62.1 / Chapter 10 / Section 62.1-135
Repealed
Status: repealed

Repealed by Acts 1981, c. 589.
Va. Code Ann. § 62.1-132.6 — Virginia Code / Title 62.1 / Chapter 10 / Section 62.1-132.6
Powers not restrictive; exemptions from Public Procurement Act and the Virginia Personnel Act
Status: in_force

A. The Authority shall have the power to perform any act or carry out any function not inconsistent with state law, whether included in the provisions of this chapter, which may be, or tend to be, useful in carrying out the provisions of this chapter. The provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply to the Authority in the exercise of any of its powers in accordance with this chapter, provided the Authority implement, by policy or regulation adopted by the Board of Commissioners, procedures to ensure fairness and competitiveness in the procurement of goods and services and in the administration of its capital outlay program. This exemption shall be applicable only so long as such policies and procedures meeting the requirements remain in effect.

B. The provisions of Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2 shall not apply to the Authority.

C. Additionally, the provisions of §§ 2.2-1124 , 2.2-1131.1 , 2.2-1136 , 2.2-1149 , 2.2-1150 , and 2.2-1153 through 2.2-1156 shall not apply to the Authority provided that (i) the Authority adopts and the Board approves policies or regulations governing the acquisition, lease, or sale of surplus and real property consistent with the provisions of the above-referenced sections; and (ii) any acquisition, lease, or sale of real property valued in excess of $20 million shall be approved by the Governor.

D. Additionally, the provisions of §§ 2.2-1117 and 53.1-47 shall not apply to the Authority.

1981, c. 589; 1997, cc. 232 , 488 ; 2012, cc. 846 , 849 ; 2013, cc. 762 , 794 ; 2015, cc. 175 , 383 .
Va. Code Ann. § 62.1-44.34:14 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 11 / Section 62.1-44.34:14
Definitions
Status: in_force

As used in this article unless the context requires a different meaning:

"Aboveground storage tank" means any one or combination of tanks, including pipes, used to contain an accumulation of oil at atmospheric pressure, and the volume of which, including the volume of the pipes, is more than ninety percent above the surface of the ground. This term does not include line pipe and breakout tanks of an interstate pipeline regulated under the Hazardous Liquid Pipeline Safety Act of 1979 or the Natural Gas Pipeline Safety Act of 1968, as amended.

"Containment and cleanup" means abatement, containment, removal and disposal of oil and, to the extent possible, the restoration of the environment to its existing state prior to an oil discharge.

"Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying or dumping.

"Facility" means any development or installation within the Commonwealth that deals in, stores or handles oil, and includes a pipeline.

"Oil" means oil of any kind and in any form, including, but not limited to, petroleum and petroleum by-products, fuel oil, lubricating oils, sludge, oil refuse, oil mixed with other wastes, crude oils and all other liquid hydrocarbons regardless of specific gravity.

"Operator" means any person who owns, operates, charters, rents or otherwise exercises control over or responsibility for a facility or a vehicle or vessel.

"Person" means any firm, corporation, association or partnership, one or more individuals, or any governmental unit or agency thereof.

"Pipeline" means all new and existing pipe, rights-of-way, and any equipment, facility, or building used in the transportation of oil, including, but not limited to, line pipe, valves and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks.

"Tank" means a device designed to contain an accumulation of oil and constructed of nonearthen materials, such as concrete, steel or plastic, which provide structural support. This term does not include flow-through process tanks as defined in 40 CFR Part 280.

"Tank vessel" means any vessel used in the transportation of oil as cargo.

"Vehicle" means any motor vehicle, rolling stock or other artificial contrivance for transport whether self-propelled or otherwise, except vessels.

"Vessel" includes every description of watercraft or other contrivance used as a means of transporting on water, whether self-propelled or otherwise, and shall include barges and tugs.

1973, c. 417; 1976, c. 51; 1978, c. 816; 1990, c. 917; 1992, c. 456; 1994, c. 277 ; 1996, c. 737 .
Va. Code Ann. § 62.1-113 — Virginia Code / Title 62.1 / Chapter 8 / Section 62.1-113
Use of bed of watercourse
Status: in_force

The Commonwealth hereby gives its consent to the use of the bed of any watercourse to which it has title for the construction of any impounding structure under the provisions of this chapter. No right to construct an impounding structure resting upon the bed of any other watercourse shall lie unless the owner or owners seeking to construct the same has title to the bed of such watercourse.

Code 1950, § 62-94.10; 1956, c. 632; 1968, c. 659.
Va. Code Ann. § 62.1-227 — Virginia Code / Title 62.1 / Chapter 22 / Section 62.1-227
Annual audit
Status: in_force

The Auditor of Public Accounts, or his legally authorized representatives, shall annually audit the accounts of the Authority, and the cost of such audit services as shall be required shall be borne by the Authority. The audit shall be performed at least each fiscal year, in accordance with generally accepted auditing standards and, accordingly, include such tests of the accounting records and such auditing procedures as considered necessary under the circumstances. The Authority shall furnish copies of such audit to the Governor and to the Board.

1986, c. 415.
Va. Code Ann. § 62.1-164 — Virginia Code / Title 62.1 / Chapter 16 / Section 62.1-164
Erection and abatement of private wharves, piers and landings
Status: in_force

Any person owning land upon a watercourse may erect a private wharf on the same, or private pier or landing, in such watercourse opposite his land; provided, such wharf, pier or land is for noncommercial purposes and navigation be not obstructed, nor the private rights of any person be otherwise injured thereby. The circuit court of the county in which such wharf, pier or landing is, after causing ten days' notice to be given to the owner thereof, of its intention to consider the subject, if it be satisfied that such wharf, pier or landing obstructs the navigation of the watercourse, or so encroaches on any private landing as to prevent the free use thereof, may abate the same.

Code 1950, § 62-139; 1968, c. 659; 1972, c. 415.
Va. Code Ann. § 62.1-273 — Virginia Code / Title 62.1 / Chapter 26 / Section 62.1-273
Committee duties and functions
Status: in_force

A. The Committee shall be responsible for ensuring that the SWIFT Project, including its effect on the Potomac Aquifer, is monitored independently.

B. The Committee shall periodically, but not less than every five years, obtain an evaluation of the work of the Potomac Aquifer Recharge Monitoring Laboratory by an independent panel of national experts convened under the auspices of the National Water Research Institute or a similar organization. The evaluation shall address (i) monitoring parameter selection procedures; (ii) analytical methods and screening techniques; (iii) monitoring locations, frequency, results, and interpretation; (iv) modeling activities; and (v) research activities.

C. Additional related activities of the Committee may include:

1. Ensuring that a monitoring program is developed and implemented for monitoring water quality, geological, aquifer pressure, land subsidence, and other SWIFT Project-related impacts;

2. Ensuring independent review of data concerning the quality of the final water produced by the SWIFT Project and upstream process control testing conducted by HRSD in the course of operating the SWIFT Project;

3. Ensuring that a continuous record of monitoring data is maintained and available;

4. Ensuring that projections are made of the effects of the SWIFT Project;

5. Ensuring that the Laboratory operations are separate, distinct, and independent from operations by HRSD;

6. Ensuring that research or modeling on aquifer science, managed aquifer recharge, water reuse treatment, wastewater treatment, and advanced treatment technology is conducted and coordinated with the appropriate stakeholders;

7. Ensuring that data on the status and performance of the SWIFT Project and on any changes in the condition of the aquifer due to the SWIFT Project are synthesized, reported, and submitted at least once a year to the relevant regulatory agencies and made available to localities, water authorities, the general public, and other stakeholders within the Eastern Virginia Groundwater Management Area;

8. Serving as a liaison with stakeholders in the Eastern Virginia Groundwater Management Area;

9. Ensuring that informational material related to the SWIFT Project is readily available to the public;

10. Ensuring that the Laboratory is established to fulfill the above responsibilities;

11. In the event that the Committee finds there to be, related to the SWIFT Project, an imminent danger to the environment, a public water supply, or public health, welfare, or safety, referring such matter to the State Water Control Board for the potential issuance of an emergency order to cease injection or make changes pursuant to subdivisions (8a) and (8b) of § 62.1-44.15 or to the Virginia Department of Health for the potential issuance of an emergency order to cease injection or make changes pursuant to § 32.1-13 or 32.1-175 ; and

12. In the event that the Committee finds that SWIFT Project water does not meet HRSD standards for tasting events, directing HRSD to discontinue its use of SWIFT Project water in water tasting demonstrations or limited demonstration-scale promotional products.

D. The Committee may establish an advisory council to provide scientific and technical expertise in fields including aquifer science, managed aquifer recharge, wastewater treatment, advanced water treatment technology, water reuse, geology, geochemistry, hydrogeology, and related fields. The Committee may direct the advisory council to synthesize technical information for the Committee, provide recommendations related to monitoring SWIFT Project impacts, and provide other advice and support.

E. The authority granted to the Committee pursuant to this section shall not be construed to prohibit or limit the Department, the State Water Control Board, or the State Health Commissioner from taking any lawful action related to the SWIFT Project.

2019, cc. 54 , 58 .
Va. Code Ann. § 62.1-70 — Virginia Code / Title 62.1 / Chapter 6 / Section 62.1-70
Governor to execute Ohio River Valley Water Sanitation Compact
Status: in_force

The Governor of Virginia is hereby authorized and requested to execute, on behalf of the Commonwealth of Virginia, the Ohio River Valley Water Sanitation Compact which the Commonwealth of Virginia has been invited to join. The compact is in the words and figures set out in § 62.1-71 .

Code 1950, § 62-67.1; 1968, c. 659.
Va. Code Ann. § 62.1-44.15:65 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 2.4 / Section 62.1-44.15:65
Authorization for more stringent ordinances
Status: in_force

A. As part of a VESCP, a locality is authorized to adopt more stringent soil erosion and sediment control ordinances than those necessary to ensure compliance with the Board's regulations, provided that the more stringent ordinances are based upon factual findings of local or regional comprehensive watershed management studies or findings developed through the implementation of a locally adopted watershed management study and are determined by the locality to be necessary to prevent any further degradation to water resources, to address total maximum daily load requirements, to protect exceptional state waters, or to address specific existing water pollution including nutrient and sediment loadings, stream channel erosion, depleted groundwater resources, or excessive localized flooding within the watershed and that prior to adopting more stringent ordinances, a public hearing is held. Notice of such hearing shall be given by publication once a week for two consecutive weeks in a newspaper of general circulation in the locality seeking to adopt the ordinance, with the first publication appearing no more than 14 days before the hearing. The VESCP authority shall report to the Board when more stringent erosion and sediment control ordinances are determined to be necessary pursuant to this section. This process shall not be required when a VESCP authority chooses to reduce the threshold for regulating land-disturbing activities to a smaller area of disturbed land pursuant to § 62.1-44.15:55 . This section shall not be construed to authorize any VESCP authority to impose any more stringent ordinances for land-disturbance review and approval than those specified in § 62.1-44.15:55 .

B. Any provisions of an erosion and sediment control program in existence before July 1, 2012, that contains more stringent provisions than this article shall be exempt from the analysis requirements of subsection A.

1973, c. 486, § 21-89.12; 1988, c. 891, § 10.1-570; 2012, cc. 785 , 819 ; 2013, cc. 756 , 793 ; 2023, cc. 506 , 507 .
Va. Code Ann. § 62.1-44.19:4 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 4.01 / Section 62.1-44.19:4
Definitions
Status: in_force

As used in this article unless the context requires a different meaning:

"Clean Water Act" means the Federal Water Pollution Control Act, as amended, (33 U.S.C. § 1251 et seq.).

"Fully supporting" means those waters meeting the fishable and swimmable goals of the Clean Water Act.

"Impaired waters" means those water bodies or water body segments that are not fully supporting or are partially supporting of the fishable and swimmable goals of the Clean Water Act and include those waters identified in subdivision C 1 of § 62.1-44.19:5 as impaired waters.

"Toxic impaired waters" means those water bodies or water body segments identified as impaired due to one or more toxic substances in the reports prepared pursuant to § 62.1-44.19:5 .

"Toxic substance" or "toxics" means any agent or material listed by the USEPA Administrator pursuant to § 307(a) of the Clean Water Act and those substances on the "toxics of concern" list of the Chesapeake Bay Program as of January 1, 1997.

1997, c. 519 ; 2000, cc. 17 , 1043 .
Va. Code Ann. § 62.1-69.29 — Virginia Code / Title 62.1 / Chapter 5.3 / Section 62.1-69.29
Membership; terms; vacancies
Status: in_force

The membership of the Commission shall consist of 30 members, which includes 13 legislative members and 17 nonlegislative citizen members, to be appointed as follows: nine members of the House of Delegates, one member each of the Thirtieth, Sixty-first, Sixty-second, Sixty-third, Sixty-fourth, Sixty-fifth, Sixty-sixth, Sixty-seventh, and Sixty-eighth House of Delegates Districts, as those districts exist on January 1, 2024; four members of the Senate, one member each of the Twenty-fifth, Twenty-seventh, Twenty-eighth, and Thirty-first Senatorial Districts, as those districts exist on January 1, 2024; one member or designee of each of the 16 governing bodies of the jurisdictions in which not less than two percent of the jurisdiction is found wholly or partially within the Rappahannock River Basin, that at any time pass a resolution containing the language required by § 62.1-69.26 , to be appointed by the respective local governing body; and one member or designee of a Soil and Water Conservation District found wholly or partially within the Rappahannock River Basin, to be appointed jointly by the Soil and Water Conservation Districts found wholly or partially within the Rappahannock River Basin. Nonlegislative citizen members of the Commission shall be citizens of the Commonwealth of Virginia.

All members of the Commission shall serve terms coincident with their terms of office. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may be reappointed. Vacancies shall be filled in the same manner as the original appointments.

For the purposes of this section, "nonlegislative citizen member" means a member of one of the local governing bodies or the Soil and Water Conservation Districts of the jurisdictions found wholly or partially within the Rappahannock River Basin.

1998, c. 553 ; 2000, cc. 386 , 456 ; 2004, c. 471 ; 2009, c. 601 ; 2013, c. 173 ; 2023, c. 98 .
Va. Code Ann. § 62.1-156 — Virginia Code / Title 62.1 / Chapter 13 / Section 62.1-156
Power of cities to give assurances to United States
Status: in_force

In order to execute the purposes and objectives declared in § 62.1-155 , the cities therein defined shall have the power to give assurances to the United States of America that they will:

1. Furnish or cause to be furnished free of cost to the United States, when and as required by its duly authorized representatives, lands, easements and rights-of-way and spoil or dredged material disposal areas, unrestricted in disposal elevations, for the shore disposal of material to be initially dredged and for future maintenance of such improvements within and without such cities;

2. Furnish or cause to be furnished, when and as so required, permits or easements for ingress to and egress from highways to such shore disposal areas, and permits or easements to construct pipeline trestles across oyster and clamming grounds and to lay dredge pipelines across lands adjacent to such shore disposal areas within and without such cities;

3. Subject to all applicable laws, secure such releases or permits, either or both, as may be required, holding and saving the United States, its contractors and assigns free from any and all claims for damages to public or privately owned oyster and clamming grounds resulting or attributable to the accomplishment of the initial dredging or subsequent maintenance of such improvements, either or both;

4. Secure such releases or permits, either or both, as may be so required, holding and saving the United States, its contractors and assigns free from any and all claims (a) for damages resulting from any change in the natural course of such rivers, (b) for damages resulting from blasting operations in the removal of rock or changes in ground water levels, and (c) for costs resulting from provision and operation of any bridges or ferries that may be necessary for furnishing connection between the mainland and any islands created by channel cutoffs;

5. Relocate or cause to be relocated, at no cost to the United States, when necessary, roads, bridges, waterfront structures, sewerage, water supply, storm drainage, electric power, and other utility facilities within and without such cities, except those which the United States has theretofore permitted to be constructed in, under or over such rivers;

6. Construct, maintain, expand and operate such terminal facilities within such cities which may be required to accommodate prospective foreign and domestic commerce expected to develop from the improvement of the channel of such rivers, the extent of such facilities to be mutually agreed to by the council of such cities and the duly authorized representatives of the United States; and

7. Contribute funds to the United States necessary to construct, extend and maintain mooring or berthing areas immediately adjacent to river terminals of such cities when necessary because of expansion of such terminal facilities.

Code 1950, § 62-117.9; 1958, c. 467; 1968, c. 659.
Va. Code Ann. § 62.1-44.31 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 6 / Section 62.1-44.31
Violation of order or certificate or failure to cooperate with Board
Status: in_force

It shall be unlawful for any owner to fail to comply with any order adopted by the Board, which has become final under the provisions of this chapter, or to fail to comply with a pretreatment condition incorporated into the permit issued to it by the owner of a publicly owned treatment works or to fail to comply with any pretreatment standard or pretreatment requirement, or to discharge sewage, industrial waste or other waste in violation of any condition contained in a certificate or land-disturbance approval issued by the Board or in excess of the waste covered by such certificate or land-disturbance approval, or to fail or refuse to furnish information, plans, specifications or other data reasonably necessary and pertinent required by the Board under this chapter.

For the purpose of this section, the term "owner" shall mean, in addition to the definition contained in §§ 62.1-44.3 and 62.1-44.15:24 , any responsible corporate officer so designated in the applicable discharge permit.

Code 1950, § 62.1-43; 1952, c. 478; 1968, c. 659; 1970, c. 638; 1977, c. 263; 1988, c. 167; 2016, cc. 68 , 758 .
Va. Code Ann. § 62.1-44.18:3 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 4 / Section 62.1-44.18:3
Permit for private sewerage facility; financial assurance; violations; waiver of filing
Status: in_force

A. No person shall operate a privately owned sewerage system or sewerage treatment works, including an LHS 120 facility, that discharges more than 1,000 gallons per day and less than 40,000 gallons per day without obtaining a Virginia Pollutant Discharge Elimination System permit. Any owner of such a facility shall file with the Board a plan to abate, control, prevent, remove, or contain any substantial or imminent threat to public health or the environment that is reasonably likely to occur if such facility ceases operations. Such plan shall also include a demonstration of financial capability to implement the plan. Financial capability may be demonstrated by the creation of a trust fund, a submission of a bond, a corporate guarantee based upon audited financial statements, or such other instruments as the Board may deem appropriate. The Board may require that such plan and instruments be updated as appropriate.

For the purposes of this section, "ceases operation" means to cease conducting the normal operation of a facility that is regulated under this chapter under circumstances where it would be reasonable to expect that such operation will not be resumed by the owner at the facility. The term shall not include the sale or transfer of a facility in the ordinary course of business or a permit transfer in accordance with Board regulations.

Any person who ceases operations and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be liable to the Commonwealth and any political subdivision thereof for the costs incurred in abating, controlling, preventing, removing, or containing such harm or threat. This shall not in any way limit other recourse available to the Board.

Any person who ceases operations and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be guilty of a Class 4 felony.

B. The Board may waive the filing of the plan required pursuant to subsection A for any person who operates a privately owned sewerage system or sewerage treatment works that was permitted prior to January 1, 2001, and discharges less than 5,000 gallons per day upon a finding that such person has not violated any regulation or order of the Board, any condition of a permit to operate the facility, or any provision of this chapter for a period of not less than five years; provided, that no waiver may be approved by the Board until after the governing body of the locality in which the facility is located approves the waiver after a public hearing. The Board may revoke such waiver at any time for good cause. Any person receiving a waiver who ceases operations shall, if such cessation of operation results in a significant harm or an imminent and substantial risk of significant harm to human health and the environment, be guilty of a Class 4 felony and liable to the Commonwealth and any political subdivision thereof, for the costs incurred in abating, controlling, preventing, removing, or containing such harm or threat.

C. The Department of Environmental Quality shall promulgate regulations necessary to carry out the provisions of this section. The Department shall identify by January 1, 2001, those facilities regulated under this section.

2000, c. 69 ; 2001, c. 493 .
Va. Code Ann. § 62.1-69.46 — Virginia Code / Title 62.1 / Chapter 5.6 / Section 62.1-69.46
The Rivanna River Basin Commission; establishment; purpose
Status: in_force

A. The Rivanna River Basin Commission (the Commission) shall be established as an independent local entity without political subdivision status, and shall be established upon the passage of a resolution by three-fourths of the Rivanna River Basin's localities, in which not less than three percent of the jurisdiction is found wholly or partially within the Rivanna River Basin, that commits them to participation in the Commission as described in this chapter. Localities located in the Rivanna River Basin include the Counties of Albemarle, Fluvanna, Greene, Louisa, Orange and Nelson, and the City of Charlottesville. The resolution shall contain the following language:

"The (governing body) of this jurisdiction hereby agrees to become a member of and participate in the Rivanna River Basin Commission as described in Chapter 5.6 (§ 62.1-69.45 et seq.) of Title 62.1 of the Code of Virginia."

B. The purpose of the Commission shall be to provide guidance for the stewardship and enhancement of the water and natural resources of the Rivanna River Basin. The Commission shall be a forum in which local governments and citizens can discuss issues affecting the Basin's water quality and quantity and other natural resources. Through promoting communication, coordination, and education, and by suggesting appropriate solutions to identified problems, the Commission shall promote activities by local, state, and federal governments, and by individuals, that foster resource stewardship for the environmental and economic health of the Basin.

2004, c. 394 .
Va. Code Ann. § 62.1-44.15:5 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 2 / Section 62.1-44.15:5
Repealed
Status: repealed

Repealed by Acts 2007, c. 659 , cl. 3.
Va. Code Ann. § 62.1-229.2 — Virginia Code / Title 62.1 / Chapter 22 / Section 62.1-229.2
Loans for remediation of contaminated properties
Status: in_force

Loans may be made from the Fund, in the Board's discretion, to local governments, public authorities, partnerships or corporations for necessary remediation activities undertaken at a brownfield site, as defined in § 10.1-1230 , for the purpose of reducing ground water contamination or reducing risk to public health. The Board shall develop guidelines for the administration of such loans.

2001, c. 587 ; 2003, c. 407 .
Va. Code Ann. § 62.1-44.34:7 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 8 / Section 62.1-44.34:7
Repealed
Status: repealed

Repealed by Acts 1989, c. 627.
Va. Code Ann. § 62.1-44.34:9 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 9 / Section 62.1-44.34:9
Powers and duties of Board
Status: in_force

The Board is responsible for carrying out the provisions of this article and compatible provisions of federal acts and is authorized to:

1. Enforce the interim prohibition provisions in § 9003 (g) of United States Public Law 98-616. Until state underground storage tank standards promulgated by regulation become effective, the Board shall enforce the federal interim standard which prohibits installation of an underground storage tank for the purpose of storing regulated substances unless such tank:

a. Will prevent releases due to corrosion or structural failure for the operational life of the tank;

b. Is cathodically protected against corrosion, constructed of noncorrosive material, or designed in a manner to prevent the release or threatened release of any stored substance; and

c. The material used in the construction or lining of the tank is compatible with the substance to be stored.

2. Exercise general supervision and control over underground storage tank activities in this Commonwealth.

3. Provide technical assistance and advice concerning all aspects of underground storage tank management.

4. Collect such data and information as may be necessary to conduct the state underground storage tank program.

5. Apply for such federal funds as may become available under federal acts and transmit such funds to appropriate persons.

6. Require notification by owners of underground storage tanks in accordance with the provisions of § 9002 of United States Public Law 98-616.

7. Require notification by owners of property who have actual knowledge of underground storage tanks on such property that were taken out of service before January 1, 1974; however, the civil penalties specified in § 9006 (d) of United States Public Law 98-616 shall not apply to the foregoing notification requirement.

8. Promulgate such regulations as may be necessary to carry out its powers and duties with regard to underground storage tanks in accordance with applicable federal laws and regulations.

9. Require the owner or operator of an underground storage tank who is the responsible person for the release to undertake corrective action for any release of petroleum or any other regulated substance when the Board determines that such corrective action will be done properly and promptly by the owner or operator of the underground storage tank from which the release occurs, regardless of when the release occurred; or undertake corrective action for any release of petroleum or any other regulated substance into the environment from an underground storage tank if such action is necessary, in the judgment of the Board, to protect human health and the environment.

10. Seek recovery of costs incurred, excluding moneys expended from the Virginia Petroleum Storage Tank Fund which are governed by § 62.1-44.34:11 , for undertaking corrective action or enforcement action with respect to the release of a regulated substance from an underground storage tank or oil from a facility.

1987, c. 528; 1989, c. 430; 1992, c. 819; 1993, c. 231; 1996, c. 737 .
Va. Code Ann. § 62.1-69.49 — Virginia Code / Title 62.1 / Chapter 5.6 / Section 62.1-69.49
Funding
Status: in_force

A. The Commission shall adopt annually a budget that includes the Commission's estimated expenses. A process for distributing the costs for the support of the Commission among the relevant local governing bodies, based on each jurisdiction's proportional share of the population within the Rivanna River Basin, shall be determined by the Commission's local elected governing body members, unless such members choose otherwise.

B. The Commission shall designate a fiscal agent annually.

2004, c. 394 .
Va. Code Ann. § 62.1-137 — Virginia Code / Title 62.1 / Chapter 10 / Section 62.1-137
Repealed
Status: repealed

Repealed by Acts 1981, c. 589.
Va. Code Ann. § 62.1-79 — Virginia Code / Title 62.1 / Chapter 6 / Section 62.1-79
Appropriations
Status: in_force

The sums appropriated to carry out the purposes of this chapter shall be used to effect its provisions and to pay Virginia's proportionate part of the budget of the Ohio River Valley Water Sanitation Commission in accordance with Article X of the compact. No part of any such appropriation shall be available for expenditure in whole or in part unless and until the Comptroller shall be annually satisfied that each of the governmental entities having representatives on the Ohio River Valley Water Sanitation Commission has provided for the expenses thereof at least as much as is appropriated by the General Assembly of Virginia for the purposes of this chapter.

Code 1950, § 62-67.10; 1968, c. 659.
Va. Code Ann. § 62.1-192 — Virginia Code / Title 62.1 / Chapter 19 / Section 62.1-192
Injunction and damages
Status: in_force

Any owner of any such fastland or beach, bluff, or bed of stream, between high- and low-watermark on which any such deposit exists or from which it extends towards the middle line of the water, as aforesaid, may, by appropriate proceedings brought by such owner, have an injunction against any person or corporation removing and carrying away or attempting to remove and carry away any such deposit or extension thereof without authority of the Commonwealth; and may, in such proceeding, or by separate action, recover against such violation of this chapter damages in treble the value of the material removed.

Code 1950, § 62-180; 1968, c. 659.
Va. Code Ann. § 62.1-44.19:21 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 4.02 / Section 62.1-44.19:21
Nutrient credit use by regulated entities
Status: in_force

A. An MS4 permittee may acquire, use, and transfer nutrient credits for purposes of compliance with any waste load allocations established as effluent limitations in an MS4 permit issued pursuant to § 62.1-44.15:25 . Such method of compliance may be approved by the Department following review of a compliance plan submitted by the permittee that includes the use of nutrient credits. The permittee may use such credits for compliance purposes only if (i) the credits, whether annual, term, or perpetual, are generated and applied for purposes of compliance for the same calendar year; (ii) the credits are acquired no later than a date following the calendar year in which the credits are applied as specified by the Department consistent with the permittee's Virginia Stormwater Management Program (VSMP) permit annual report deadline under such permit; (iii) the credits are generated in the same locality or tributary, except that permittees in the Eastern Coastal Basin may also acquire credits from the Potomac and Rappahannock tributaries; and (iv) the credits either are point source nitrogen or point source phosphorus credits generated by point sources covered by the general permit issued pursuant to § 62.1-44.19:14 , or are certified pursuant to § 62.1-44.19:20 . An MS4 permittee may enter into an agreement with one or more other MS4 permittees within the same locality or within the same or adjacent eight-digit hydrologic unit code to collectively meet the sum of any waste load allocations in their permits. Such permittees shall submit to the Department for approval a compliance plan to achieve their aggregate permit waste load allocations.

B. An applicant required to comply with water quality requirements for land-disturbing activities operating under a General VSMP Permit for Discharges of Stormwater from Construction Activities or a Construction Individual Permit may acquire and use perpetual nutrient credits certified and registered on the Virginia Nutrient Credit Registry in accordance with § 62.1-44.15:35 .

C. A confined animal feeding operation issued a permit pursuant to this chapter may acquire, use, and transfer credits for compliance with any waste load allocations contained in the provisions of a Virginia Pollutant Discharge Elimination System (VPDES) permit. Such method of compliance may be approved by the Department following review of a compliance plan submitted by the permittee that includes the use of nutrient credits.

D. A facility registered under the Industrial Stormwater General Permit issued pursuant to this chapter or issued a VPDES permit regulating stormwater discharges that requires nitrogen and phosphorus monitoring at the facility may acquire, use, and transfer credits for compliance with any waste load allocations established as effluent limitations in a VPDES permit. Such method of compliance may be approved by the Department following review of a compliance plan submitted by the permittee that includes the use of nutrient credits.

E. Public notice of each compliance plan submitted for approval pursuant to this section shall be given by the Department.

F. This section shall not be construed to limit or otherwise affect the authority of the Board to establish and enforce more stringent water quality-based effluent limitations for total nitrogen or total phosphorus in permits where those limitations are necessary to protect local water quality. The exchange or acquisition of credits pursuant to this article shall not affect any requirement to comply with such local water quality-based limitations.

2012, cc. 748 , 808 , § 10.1-603.15:3; 2013, cc. 756 , 793 ; 2021, Sp. Sess. I, c. 360 .
Va. Code Ann. § 62.1-69.1 — Virginia Code / Title 62.1 / Chapter 5.1 / Section 62.1-69.1
Repealed
Status: repealed

Repealed by Acts 1990, c. 179.
Va. Code Ann. § 62.1-240 — Virginia Code / Title 62.1 / Chapter 23 / Section 62.1-240
Pledge of loans to secure bonds of Authority
Status: in_force

The Authority is empowered at any time and from time to time to transfer from the Fund to banks or trust companies designated by the Authority any or all of the assets of the Fund to be held in trust as security for the payment of the principal of and premium, if any, and interest on any or all of the bonds (as defined in § 62.1-199 ) of the Authority. The interests of the Fund in any obligations so transferred shall be subordinate to the rights of the trustee under the pledge. To the extent funds are not available from other sources pledged for such purpose, any payments of principal and interest received on the assets transferred or held in trust may be applied by the trustee thereof to the payment of the principal of and premium, if any, and interest on such bonds of the Authority to which the obligations have been pledged, and, if such payments are insufficient for such purpose, the trustee is empowered to sell any or all of such assets and apply the net proceeds from the sale to the payment of the principal of and premium, if any, and interest on such bonds of the Authority. Any assets of the Fund transferred in trust as set forth above and any payments of principal, interest or earnings received thereon shall remain part of the Fund but shall be subject to the pledge to secure the bonds of the Authority and shall be held by the trustee to which they are pledged until no longer required for such purpose by the terms of the pledge. On or before January 10 each year, the Authority shall transfer, or shall cause the trustee to transfer, to the Fund any assets transferred or held in trust as set forth above which are no longer required to be held in trust pursuant to the terms of the pledge.

1987, c. 324.
Va. Code Ann. § 62.1-260 — Virginia Code / Title 62.1 / Chapter 25 / Section 62.1-260
Permits for existing ground water withdrawals in existing ground water management areas
Status: in_force

A. Persons holding a certificate of ground water right or a permit to withdraw ground water issued prior to July 1, 1991, in the Eastern Virginia or Eastern Shore Groundwater Management Areas and currently withdrawing ground water pursuant to said certificate or permit shall file an application for a ground water withdrawal permit on or before December 31, 1992, in order to obtain a permit for withdrawals. The Board shall issue ground water withdrawal permits for the total amount of ground water withdrawn during any consecutive twelve-month period between July 1, 1987, and June 30, 1992, together with such savings as can be demonstrated to have been achieved through water conservation; however, with respect to a political subdivision, an authority serving a political subdivision or a community waterworks regulated by the Department of Health, the permit shall be issued for the total amount of ground water withdrawn during any consecutive twelve-month period between July 1, 1980, and June 30, 1992, together with such savings as can be demonstrated to have been achieved through water conservation.

B. Persons holding a certificate of ground water right issued on or after July 1, 1991, and prior to July 1, 1992, in the Eastern Virginia or Eastern Shore Groundwater Management Areas and currently withdrawing ground water pursuant to the certificate shall file an application for a ground water withdrawal permit on or before December 31, 1993, in order to obtain a permit for withdrawals. The Board shall issue ground water withdrawal permits for the total amount of ground water withdrawn during any consecutive twelve-month period between July 1, 1988, and June 30, 1993, together with such savings as can be demonstrated to have been achieved through water conservation.

C. Persons holding a permit to withdraw ground water issued on or after July 1, 1991, and prior to July 1, 1992, in the Eastern Virginia or Eastern Shore Groundwater Management Areas shall not be required to apply for a ground water withdrawal permit until the expiration of the term of the permit to withdraw ground water as provided in subsection C of § 62.1-266 , and may withdraw ground water pursuant to the terms and conditions of the permit to withdraw ground water. Such persons may apply for a ground water withdrawal permit allowing greater withdrawals of ground water than are allowed under an existing permit, and the Board in its discretion may issue a permit for such greater withdrawals, upon consideration of the factors set forth in § 62.1-263 .

D. Persons holding a certificate of ground water right issued prior to July 1, 1992, or a permit to withdraw ground water issued prior to July 1, 1991, in the Eastern Virginia or Eastern Shore Groundwater Management Areas, who have not withdrawn ground water prior to July 1, 1992, may initiate a withdrawal on or after July 1, 1992, pursuant to the terms and conditions of the certificate or permit. The persons shall file an application for a ground water withdrawal permit on or before December 31, 1995, and may continue withdrawing ground water under the terms and conditions of their certificate or permit until the required ground water withdrawal permit application is acted on by the Board, provided that the ground water withdrawal permit application is filed on or before December 31, 1995. The Board shall issue a ground water withdrawal permit for the total amount of ground water withdrawn and applied to a beneficial use during any consecutive twelve-month period between July 1, 1992, and June 30, 1995, together with (i) such savings as can be demonstrated to have been achieved through water conservation and (ii) such amount as the Board in its discretion deems appropriate upon consideration of the factors set forth in § 62.1-263 . This subsection shall not apply to a political subdivision, or an authority serving a political subdivision, holding a permit or certificate for a public water supply well for supplemental water during drought conditions, which shall apply for a ground water withdrawal permit as provided in § 62.1-265 .

E. Persons withdrawing ground water for agricultural or livestock watering purposes in the Eastern Virginia or Eastern Shore Groundwater Management Areas on or before July 1, 1992, shall file an application for a ground water withdrawal permit on or before December 31, 1993, in order to obtain a permit for withdrawals. The Board shall issue ground water withdrawal permits for the total amount of ground water withdrawn during any consecutive twelve-month period between July 1, 1983 and June 30, 1993, together with such savings as can be demonstrated to have been achieved through water conservation.

F. Persons withdrawing ground water for agricultural or livestock watering purposes, or pursuant to certificates of ground water right or permits to withdraw ground water issued prior to July 1, 1992, in the Eastern Virginia or Eastern Shore Groundwater Management Areas, may continue such withdrawal until the required permit application is acted on by the Board, provided that the permit application is filed by the appropriate deadline.

G. Persons applying for a ground water withdrawal permit may request that they be permitted to withdraw more ground water than the amount to which they may be entitled based on their historic usage and water conservation as set forth in this section. The Board in its discretion may issue a permit for a greater amount than that which is based on historic usage and water conservation, upon consideration of the factors set forth in § 62.1-263 .

H. Failure by any person covered by the provisions of subsection A, B, D or E to file an application for a ground water withdrawal permit prior to the expiration of the applicable period creates a presumption that any claim to withdraw ground water based on history of usage has been abandoned. In reviewing any application for a ground water withdrawal permit subsequently made by such a person, the Board shall consider the factors set forth in § 62.1-263 .

1992, c. 812; 1994, cc. 513 , 592 .
Va. Code Ann. § 62.1-107 — Virginia Code / Title 62.1 / Chapter 8 / Section 62.1-107
Application for leave to store floodwaters; notice to interested persons and to State Water Control Board
Status: in_force

Any riparian owner, or riparian owners, desiring to store floodwaters under the conditions specified in § 62.1-106 may apply for leave so to do to the circuit court of the county or city wherein the impounding structure is proposed to be built. Such application shall be made by petition filed in the clerk's office of the court. It shall set forth the name and address of the riparian owner, or owners, the purpose of the proposed impoundment, the desired storage capacity and the basis on which determined, the stream and the point on it from which floodwaters are proposed to be taken, the estimated cost of the project, and an agreement to abide by the provisions of § 62.1-106 . It shall be accompanied by a plat or sketch of the riparian property which he or they own and on which is shown the site of the impounding structure and the area to be flooded by the impounded water. The plat or sketch shall include data sufficient to permit the location of the property on the official highway map of the county or a map of the city or town where appropriate. It shall also be accompanied by a plan of the proposed impounding structure on which appears the approval of the plan by a registered civil engineer or registered agricultural engineer, (or other competent person for storage capacities of fifty acre-feet or less) and agreement thereto by the riparian owner. All interested persons shall be given notice of such application by publication in accordance with §§ 8.01-316 and 8.01-317 . A copy of the petition, together with a copy of the plat and a copy of the plan, shall be sent by registered mail to the State Water Control Board.

Code 1950, § 62-94.4; 1956, c. 632; 1958, c. 638; 1968, c. 659; 1977, c. 26.
Va. Code Ann. § 62.1-132.11 — Virginia Code / Title 62.1 / Chapter 10 / Section 62.1-132.11
Police powers; penalties
Status: in_force

The Authority is empowered to adopt and enforce reasonable rules and regulations governing (i) the maximum and minimum speed limits of motor vehicles using Authority property, (ii) the kinds and sizes of vehicles which may be operated upon Authority property, (iii) materials which shall not be transported through or over Authority property, and (iv) other matters affecting the safety and security of Authority property. Such rules and regulations shall have the force and effect of law (i) after publication one time in full in a newspaper of general circulation in the city or county where the affected property is located, and (ii) when posted where the public using such property may conveniently see them. Violation of any rule or regulation which would have been a violation of law or ordinance if committed on a public street or highway shall be tried and punished as if it had been committed on a public street or highway. Any other violation of such rules and regulations shall be punishable as a Class 1 misdemeanor.

1981, c. 589.
Va. Code Ann. § 62.1-126 — Virginia Code / Title 62.1 / Chapter 9 / Section 62.1-126
Forfeiture by tenant of works damaged or destroyed, and unrestored; right of remainderman or reversioner
Status: in_force

Where any mill, manufactory, machine, or engine in possession of, but not erected by a tenant for life or years, shall be destroyed or become unfit for use, and such tenant shall not, within the two years begin, or within the five years finish such rebuilding or repair, the person next entitled in remainder or reversion may enter and rebuild or repair the same within three years from the time of the failure of such tenant, and thereafter hold and enjoy the same, with its appurtenances, for his use and benefit.

Code 1950, § 62-105; 1968, c. 659.
Va. Code Ann. § 62.1-132.16 — Virginia Code / Title 62.1 / Chapter 10 / Section 62.1-132.16
Fees and charges
Status: in_force

Under such terms and conditions as may be prescribed by law, the Authority may fix, alter, charge, and collect tolls, fees, rentals, and any other charges for the use of, or for services rendered by, any Authority facility. The Authority may impose, levy, and collect such other fees and charges as may assist in defraying the expenses of administration, maintenance, development, or improvement of the ports of the Commonwealth, their cargo handling facilities, and harbors.

1981, c. 589.
Va. Code Ann. § 62.1-44.34:30 — Virginia Code / Title 62.1 / Chapter 3.1 / Article 13 / Section 62.1-44.34:30
PFAS assessments for identification of sources of PFAS in public water supplies
Status: in_force

A. For every public water system, VDH shall assist the Department by on a quarterly basis transferring to the Department all validated monitoring results available to VDH under federal regulations or otherwise in VDH's possession that indicate PFAS MCL exceedances, including data generated by VDH's independent PFAS monitoring activities or submitted by public water systems to VDH.

B. For every public water system for which VDH has notified the Department pursuant to subsection A or the public water system has directly demonstrated to the Department that PFAS in finished water has been detected above any PFAS MCL using Method 533, Method 537.1, or other EPA-approved method for drinking water, the Department shall develop and implement a plan to prioritize and conduct PFAS assessments for identifying significant sources of PFAS in such public water system's raw water source or sources. Such prioritization plan shall be developed within six months of the initial notification by VDH pursuant to subsection A and updated annually thereafter.

C. In developing its prioritization for conducting PFAS assessments, the Department shall consider (i) data and other information available from VDH regarding public water supplies, including but not limited to applicable PFAS data; (ii) any data or other information submitted directly to the Department by public water systems on a voluntary basis; (iii) information from consultation with VDH and public water systems with finished water monitoring results above any PFAS MCL; and (iv) other data or information the Department considers useful for setting priorities, including studies published in the scientific literature.

D. In conducting PFAS assessments, the Department shall consider the results of the self-reporting process required pursuant to § 62.1-44.34:31 , the results of any effluent or instream monitoring required pursuant to § 62.1-44.34:32 or otherwise conducted by or available to the Department, and other PFAS-related data or information the Department deems useful for identifying significant sources.

E. In its reports of PFAS assessments, the Department shall identify potential regulatory and nonregulatory options for addressing each significant source of PFAS. The goal of such assessments shall be to protect public health by reducing significant sources of PFAS in raw water sources of public water systems and to ensure, to the maximum extent practicable, that the costs of public water systems are minimized.

2024, cc. 316 , 343 .
Va. Code Ann. § 62.1-124 — Virginia Code / Title 62.1 / Chapter 9 / Section 62.1-124
Such leave not to affect vested rights
Status: in_force

No person shall by means of any such leave, draw the water from any millpond of another, existing at the time of such leave, or do anything in conflict with any vested right in any waterworks erected on such watercourse.

Code 1950, § 62-103; 1968, c. 659.
Va. Code Ann. § 62.1-75 — Virginia Code / Title 62.1 / Chapter 6 / Section 62.1-75
Powers granted Commission are supplemental
Status: in_force

Any powers herein granted to the Commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in the Commission by other laws of this Commonwealth or by the laws of the states of Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania, West Virginia, Tennessee, or by Congress, or by the terms of the compact.

Code 1950, § 62-67.6; 1968, c. 659.
Va. Code Ann. § 62.1-250 — Virginia Code / Title 62.1 / Chapter 24 / Section 62.1-250
State agency review
Status: in_force

Prior to the creation of a surface water management area, or the issuance of a permit within one, the Board shall consult and cooperate with, and give full consideration to the written recommendations of, the following agencies: the Department of Wildlife Resources, the Department of Conservation and Recreation, the Virginia Marine Resources Commission, the Department of Health, and any other interested and affected agencies. Such consultation shall include the need for development of a means in the surface water management area for balancing instream uses with offstream uses. Agencies may submit written comments on proposed permits within forty-five days after notification by the Board. The Board shall assume that if written comments are not submitted by an agency, within the time period, the agency has no comments on the proposed permits.

1989, c. 721; 2020, c. 958 .
Va. Code Ann. § 62.1-97 — Virginia Code / Title 62.1 / Chapter 7 / Section 62.1-97
Proceedings on violation of terms of license or of provisions of chapter or regulations
Status: in_force

In event of violation by the licensee of any of the terms of a license, or for the purpose of remedying by injunction, mandamus or other process any act of commission or omission by the licensee in violation of any of the provisions of this chapter, or of any lawful regulation or order promulgated in pursuance thereof, the Attorney General of this Commonwealth shall, upon request of the Commission, institute proceedings in the Circuit Court of the City of Richmond in the name of the Commonwealth at the relation of the Commission for the purpose of compelling the licensee to comply with the provisions of the license or of this chapter, or for the purpose of revoking the right of the licensee to proceed further under the license, or similarly as to a specified portion or portions of the development which is under license. The court shall have jurisdiction over all of the above-mentioned proceedings and shall be empowered to issue and execute all necessary process and to make and enforce all writs, orders and decrees to compel compliance with the lawful orders and regulations of the Commission and to compel the performance of any condition imposed under the provisions of this chapter. If a decree is entered by the court revoking the right of the licensee to proceed further with the development under license, or similarly with respect to a specified portion or portions of the development under license, the court is empowered to sell at public sale to the highest responsible bidder the property and rights of the licensee used or useful in connection with such development or such specified portion thereof, to distribute the proceeds to the parties entitled thereto and to make and enforce such further or other orders and decrees as equity and justice may require. At such sale or sales the vendee shall succeed to the rights and privileges of the licensee with respect to such development or such specified portion thereof and shall perform all the duties of the licensee under the license and assume all such outstanding obligations and liabilities of the licensee as the court may deem equitable in the premises.

Code 1950, § 62-86; 1968, c. 659.
Va. Code Ann. § 62.1-132.18 — Virginia Code / Title 62.1 / Chapter 10 / Section 62.1-132.18
Acquisition of property
Status: in_force

A. The Authority is authorized to acquire, construct, maintain, equip, and operate marine terminals, port facilities, wharves, docks, ships, piers, quays, elevators, compressors, refrigeration storage plants, warehouses, and other structures necessary for the convenient use of the same in the aid of commerce. The Authority is further authorized to undertake or make arrangements for the dredging of approaches to each facility and the construction of shipping facilities and transportation facilities incident thereto. The Authority shall have the power to issue revenue bonds for such acquisitions and purposes.

B. When such facilities or equipment is acquired from any political subdivision of the Commonwealth, the Authority is authorized to give written assurances, including agreements to reconvey properties to such political subdivision, for the installment payments for any terminals, facility, or equipment thus acquired.

1981, c. 589.