dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:19.1. Registration of aboveground storage tanks.
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.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:19.2. Recordkeeping and access to records and facilities.
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 Board for a period of at least five years. Such records shall be available for inspection and copying by the Board and shall include books, papers, documents and records relating to the daily measurement and inventory of oil stored at a facility, all information relating to tank testing, all records relating to spill events or other discharges of oil from the facility, all supporting documentation for developed contingency plans, and any records required to be kept by regulations of the Board.

B. In the case of a pipeline, all records relating to compliance with the requirements of the Hazardous Liquid Pipeline Safety Act of 1979, all records relating to spill events or other discharges of oil from the pipeline in the Commonwealth, and all supporting documentation for approved contingency plans shall be maintained by the operator of a pipeline at the facility or at an alternate location approved by the Board for a period of at least five years.

C. A record of all discharges of oil to state lands in amounts less than twenty-five gallons shall be established and maintained for a period of five years in accordance with subsections A and B of this section.

D. Every operator of a facility shall, upon reasonable notice, permit at reasonable times and under reasonable circumstances a duly designated official of the political subdivision in which the facility is located or of any political subdivision within one mile of the facility or duly designated agent retained or employed by such political subdivisions to have access to and to copy all information required to be kept in subsections A, B and C.

E. Any duly designated official of the political subdivision in which the facility is located or of any political subdivision within one mile of the facility or duly designated agent retained or employed by such political subdivisions may, at reasonable times and under reasonable circumstances, enter and inspect any facility, provided that in nonemergency situations such local official, agent or employee shall be accompanied by the operator or his designee.

1992, c. 456.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:21. Administrative fees.
A. The Board is authorized to collect from any applicant for approval of an oil discharge contingency plan and from any operator seeking acceptance of evidence of financial responsibility fees sufficient to meet, but not exceed, the costs of the Board related to implementation of § 62.1-44.34:15 as to an applicant for approval of an oil discharge contingency plan and of § 62.1-44.34:16 as to an operator seeking acceptance of evidence of financial responsibility. The Board shall establish by regulation a schedule of fees that takes into account the nature and type of facility and the effect of any prior professional certification or federal review or approval on the level of review required by the Board. All such fees received by the Board shall be used exclusively to implement the provisions of this article.

B. Fees charged an applicant should reflect the average time and complexity of processing approvals in each of the various categories.

C. When adopting regulations for fees, the Board shall take into account the fees charged in neighboring states, and the importance of not placing existing or prospective industries in the Commonwealth at a competitive disadvantage. Within six months of receipt of any federal moneys that would offset the costs of implementing this article, the Board shall review the amount of fees set by regulation to determine the amount of fees which should be refunded. Such refunds shall only be required if the fees plus the federal moneys received for the implementation of the program under this article as it applies to facilities exceed the actual cost to the Board of administering the program.

D. On October 1, 1995, and every two years thereafter, the Board shall make an evaluation of the implementation of the fee programs and provide this evaluation in writing to the Senate Committees on Agriculture, Conservation and Natural Resources, and on Finance and Appropriations; and the House Committees on Appropriations, Chesapeake and Its Tributaries, and Finance.

1990, c. 917; 1992, c. 345.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:22. Applicability of Administrative Process Act.
The Administrative Process Act (§ 2.2-4000 et seq.) shall govern the activities and the proceedings of the Board under this article.

1990, c. 917.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:23. Exceptions.
A. Nothing in this article shall apply to: (i) normal discharges from properly functioning vehicles and equipment, marine engines, outboard motors or hydroelectric facilities; (ii) accidental discharges from farm vehicles or noncommercial vehicles; (iii) accidental discharges from the fuel tanks of commercial vehicles or vessels that have a fuel tank capacity of 150 gallons or less; (iv) discharges authorized by a valid permit issued by the Board pursuant to § 62.1-44.15 (5) or by the United States Environmental Protection Agency; (v) underground storage tanks regulated under a state program; (vi) releases from underground storage tanks as defined in § 62.1-44.34:8, regardless of when the release occurred; (vii) discharges of hydrostatic test media from a pipeline undergoing a hydrostatic test in accordance with federal pipeline safety regulations; or (viii) discharges authorized by the federal on-scene coordinator and the Executive Director or his designee in connection with activities related to the recovery of spilled oil where such activities are undertaken to minimize overall environmental damage due to an oil spill into or on state waters. However, the exception provided in clause (viii) shall in no way reduce the liability of the person who initially spilled the oil which is being recovered.

B. Notwithstanding the exemption set forth in clause (vi) of subsection A of this section, a political subdivision may recover pursuant to subsection C of § 62.1-44.34:18 for a discharge of oil into or upon state waters, lands, or storm drain systems from an underground storage tank regulated under a state program at facilities with an aggregate capacity of one million gallons or greater.

1978, c. 816; 1987, c. 677; 1990, c. 917; 1992, cc. 302, 456; 1993, cc. 18, 231; 1994, c. 416.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:24. Definitions.
As used in this article, unless the context requires otherwise:

"Council" means the Virginia Spill Response Council.

"Discharge" means spillage, leakage, pumping, pouring, seepage, emitting, dumping, emptying, injecting, escaping, leaching, fire, explosion, or other releases.

"Hazardous materials" means substances or materials which may pose unreasonable risks to health, safety, property, or the environment when used, transported, stored, or disposed of, which may include materials which are solid, liquid, or gas. Hazardous materials may include toxic substances, flammable and ignitable materials, explosives, corrosive materials, and radioactive materials and include (i) those substances or materials in a form or quantity which may pose an unreasonable risk to health, safety, or property when transported, and which the Secretary of Transportation of the United States has so designated by regulation or order; (ii) hazardous substances as defined or designated by law or regulation of the Commonwealth or law or regulation of the United States government; and (iii) hazardous waste as defined or designated by law or regulation of the Commonwealth.

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

1990, c. 598.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:25. Virginia Spill Response Council created; purpose; membership.
A. There is hereby created the Virginia Spill Response Council. The purpose of the Council is to (i) improve the Commonwealth's capability to respond in a timely and coordinated fashion to incidents involving the discharge of oil or hazardous materials which pose a threat to the environment, its living resources, and the health, safety, and welfare of the people of the Commonwealth and (ii) provide an ongoing forum for discussions between agencies which are charged with the prevention of, and response to, oil spills and hazardous materials incidents, and those agencies responsible for the remediation of such incidents.

B. The Secretary of Natural and Historic Resources and the Secretary of Public Safety and Homeland Security, upon the advice of the director of the agency, shall select one representative from each of the following agencies to serve as a member of the Council: Department of Emergency Management, State Water Control Board, Department of Environmental Quality, Virginia Marine Resources Commission, Department of Wildlife Resources, Department of Health, Department of Fire Programs, and the Council on the Environment.

C. The Secretary of Natural and Historic Resources or his designee shall serve as chairman of the Council.

1990, c. 598; 1991, c. 66; 2014, cc. 115, 490; 2020, c. 958; 2021, Sp. Sess. I, c. 401.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:26. Responsibilities of the Council.
The Council shall have the following responsibilities:

1. To foster the exchange of information between the federal, state, and local government;

2. To enhance Virginia's participation in the United States Environmental Protection Agency's Region III Response Team;

3. To review and evaluate the response to emergency situations and recommend changes to the Commonwealth of Virginia's Oil and Hazardous Materials Emergency Response Plan;

4. To provide ongoing analysis of the most recent technical developments for the remediation of discharges; and

5. To coordinate its activities with the Secure and Resilient Commonwealth Panel.

1990, c. 598; 2011, cc. 594, 681.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:27. Cooperation of agencies and institutions.
Technical support shall be made available to the Council by the appropriate state agencies and educational institutions.

1990, c. 598.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:28. Council to submit annual report.
The Council shall submit a report annually to the Secretaries of Natural and Historic Resources and Transportation and Public Safety, which includes (i) an evaluation of the emergency response preparedness activities undertaken and the emergency response activities conducted during the year and (ii) a description of the activities of the Council during the year.

1990, c. 598; 2021, Sp. Sess. I, c. 401.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:29. Definitions.
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.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:30. PFAS assessments for identification of sources of PFAS in public water supplies.
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.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:31. Self-reporting of PFAS manufacture and use for PFAS assessment.
A. For purposes of a PFAS assessment following notification to the Department pursuant to subsection B of § 62.1-44.34:30, the Department shall require any facility, if deemed by the Department to be a potential source of PFAS in the public water system's raw water source, that discharges to a surface water under a VPDES permit or that discharges to a publicly owned treatment works under an industrial pretreatment program permit to report to the Department, within 90 days after being directed by the Department, its manufacture or use of PFAS as provided in this section on a form provided by the Department. Such report shall include the chemical name and the Chemical Abstracts Service (CAS) number, if known or reasonably ascertainable, the amount manufactured or used in the preceding 12 months, and any additional information reasonably required by the Department to ascertain sources and quantities of PFAS manufactured or used.

B. For every facility that reports the use or manufacture of one or more PFAS in accordance with subsection A and that discharges to a publicly owned treatment works, the Department shall forward the information provided by the facility to such publicly owned treatment works within 30 days of receipt. Such reporting requirement shall not change the duty or discharge permits of a publicly owned treatment works.

C. Any portion of a report submitted to the Department pursuant to this section may be claimed as confidential by the submitter pursuant to § 62.1-44.21, except claims of confidentiality for the name, address, and location of the facility. Any such claim must be asserted at the time of submission in the manner prescribed on the reporting form or instructions. If no claim is made at the time of submission, the Department may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in § 62.1-44.21.

D. For purposes of this section, use of PFAS (i) means intentional use of PFAS or PFAS-containing substances as a product ingredient or as a production process aid or additive, such as wetting agents, fume suppressants, photoresists, etchants, cleaners, coatings, surfactants, or flame retardants, and (ii) does not mean use of manufacturing equipment that contains PFAS.

2024, cc. 316, 343.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:32. Monitoring of PFAS sources for PFAS assessments.
A. For the purpose of PFAS assessments required pursuant to § 62.1-44.34:30, the Department shall require, after three months' advance notice, the owner or operator of any of the following facilities, if deemed by the Department to be a potentially significant source of PFAS in the public water system's raw water source, to perform and promptly report the results as received of representative quarterly discharge monitoring for an initial characterization period of one year, provided, however, that the Department may discontinue remaining quarterly monitoring by a facility with proper monitoring results that are below the method detection level for the first two quarters:

1. Any facility subject to self-reporting pursuant to § 62.1-44.34:31;

2. Any facility manufacturing PFAS, any electroplating or metal finishing facility using PFAS, any semiconductor or circuit board facility using PFAS, any paper or packaging manufacturing facility using PFAS, and any textile mills, tanneries, or leather, fabric, or carpet treaters using PFAS;

3. Any other facility that the Department has a reasonable basis to believe may use or manufacture PFAS based on the facility or activity type;

4. Any centralized waste treatment industrial facility;

5. Any industrial launderers defined by NAICS 812332;

6. Any facility discharging groundwater remediation wastewaters pursuant to the VPDES General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests; and

7. Any airport, air base, air station, fire training facility, landfill, or other facility or site that the Department has a reasonable basis to believe has significant soil or groundwater PFAS contamination significantly impacting finished water levels.

B. For purposes of this section, using or use of PFAS (i) means intentionally using or use of PFAS or PFAS-containing substances as a product ingredient or as a production process aid or additive, such as wetting agents, fume suppressants, photoresists, etchants, cleaners, coatings, surfactants, or flame retardants, and (ii) does not mean using or use of manufacturing equipment that contains PFAS.

C. For purposes of monitoring under subsection A, the applicable laboratory test method is Method 1633 or such other method approved by the EPA that may be allowed by the Department. Monitoring reports shall include all PFAS analytes measured by the test method. For purposes of this section, the Department shall not require, and the facility and its laboratory shall be exempt from, environmental laboratory certification or accreditation requirements specifically for use of Method 1633.

2024, cc. 316, 343.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:33. PFAS Expert Advisory Committee; report.
A. The Department, in consultation with VDH, shall establish the PFAS Expert Advisory Committee to assist the Department and VDH in identifying (i) PFAS sources through PFAS assessments and associated monitoring and reporting, (ii) public and private lab testing capacity issues, and (iii) options for reducing PFAS in source waters causing exceedances of PFAS MCLs.

B. Members of the Committee shall be appointed by the Director and shall include representatives of public drinking water and wastewater system owners, representatives of public health organizations, potential PFAS source categories, and conservation organizations with expertise in water treatment, water science, or PFAS chemistry, and other experts as determined by the Department. Members of the Committee shall receive no compensation for their service and shall not be entitled to reimbursement for expenses incurred in the performance of their duties.

C. The Department shall convene the Committee at least two times per calendar year through June 30, 2027, and thereafter as the Department deems appropriate.

D. The Department shall report annually by October 1 on its activities related to PFAS assessments, including the self-reporting process pursuant to § 62.1-44.34:31 and the discharge monitoring process pursuant to § 62.1-44.34:32, and on the activities of the Committee to the Governor and the General Assembly.

2024, cc. 316, 343.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:35. Definitions.
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.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:36. Evidence of hazardous substance facility response plan required.
Any person required to submit a facility response plan pursuant to the EPA's Clean Water Act Hazardous Substance Facility Response Plans shall submit evidence of an EPA-approved facility response plan to the Department within 30 days of approval by the EPA. The facility shall also implement and comply with such plan.

2025, c. 279.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:37. Reporting of hazardous substance discharge.
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.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:38. Recordkeeping and access to records and facilities.
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.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:39. Enforcement; civil penalties.
A. In the event of a (i) violation of any provision of this article or a related regulation or administrative or judicial order or term or condition of approval issued under this article or (ii) failure to comply with a special order issued by the Department pursuant to this section, the Department is authorized to proceed by civil action to obtain an injunction of such violation, to obtain any affirmative equitable relief that is appropriate, and to recover all costs, damages, and civil penalties resulting from such violation or failure to comply. The Department shall be entitled to an award of reasonable attorney fees and costs in any action in which it is a prevailing party.

B. Any person that negligently, willfully, or knowingly (i) discharges or causes to discharge a hazardous substance from a facility or (ii) fails to implement or comply with an EPA-approved facility response plan is subject to a civil penalty of not less than $1,000 nor more than $10,000 for the initial violation and $1,000 per day for each day of such violation thereafter. Any person that fails to report a discharge or willfully or knowingly makes any false statement or representation regarding such discharge as described is subject to a civil penalty of not less than $1,000 nor more than $50,000 for the initial violation and $10,000 for each day of such violation thereafter. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund established pursuant to § 10.1-2500.

2025, c. 279.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.34:7. Repealed.
Repealed by Acts 1989, c. 627.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.3:1. Certified mail; subsequent mail or notices may be sent by regular mail.
Whenever in this chapter the Board or the Department is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board or the Department may be sent by regular mail.

2011, c. 566.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.4. Control by Commonwealth as to water quality.
(1) No right to continue existing quality degradation in any state water shall exist nor shall such right be or be deemed to have been acquired by virtue of past or future discharge of sewage, industrial wastes or other wastes or other action by any owner. The right and control of the Commonwealth in and over all state waters is hereby expressly reserved and reaffirmed.

(2) Waters whose existing quality is better than the established standards as of the date on which such standards become effective will be maintained at high quality; provided that the Board has the power to authorize any project or development, which would constitute a new or an increased discharge of effluent to high quality water, when it has been affirmatively demonstrated that a change is justifiable to provide necessary economic or social development; and provided, further, that the necessary degree of waste treatment to maintain high water quality will be required where physically and economically feasible. Present and anticipated use of such waters will be preserved and protected.

Code 1950, § 62.1-16; 1968, c. 659; 1970, c. 638.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.5. Prohibition of waste discharges or other quality alterations of state waters except as authorized by permit; notification required.
A. Except in compliance with a certificate, land-disturbance approval, or permit issued by the Board or other entity authorized by the Board to issue a certificate, land-disturbance approval, or permit pursuant to this chapter, it shall be unlawful for any person to:

1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances;

2. Excavate in a wetland;

3. Otherwise alter the physical, chemical, or biological properties of state waters and make them detrimental to the public health, or to animal or aquatic life, or to the uses of such waters for domestic or industrial consumption, or for recreation, or for other uses;

4. On and after October 1, 2001, conduct the following activities in a wetland:

a. New activities to cause draining that significantly alters or degrades existing wetland acreage or functions;

b. Filling or dumping;

c. Permanent flooding or impounding; or

d. New activities that cause significant alteration or degradation of existing wetland acreage or functions; or

5. Discharge stormwater into state waters from Municipal Separate Storm Sewer Systems or land disturbing activities.

B. Any person in violation of the provisions of subsection A who discharges or causes or allows (i) a discharge of sewage, industrial waste, other wastes, or any noxious or deleterious substance into or upon state waters or (ii) a discharge that may reasonably be expected to enter state waters shall, upon learning of the discharge, promptly notify, but in no case later than 24 hours the Board, the Director of the Department of Environmental Quality, or the coordinator of emergency services appointed pursuant to § 44-146.19 for the political subdivision reasonably expected to be affected by the discharge. Written notice to the Director of the Department of Environmental Quality shall follow initial notice within the time frame specified by the federal Clean Water Act.

Code 1950, § 62.1-17; 1968, c. 659; 1970, c. 638; 1990, c. 717; 1996, c. 119; 2000, cc. 1032, 1054; 2001, cc. 354, 383; 2004, c. 372; 2013, cc. 756, 793; 2016, cc. 68, 758.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.6. Chapter supplementary to existing laws.
This chapter is intended to supplement existing laws and no part thereof shall be construed to repeal any existing laws specifically enacted for the protection of health or the protection of fish, shellfish and game of the Commonwealth, except that the administration of any such laws pertaining to the pollution of state waters, as herein defined, shall be in accord with the purpose of this chapter and general policies adopted by the Board.

Code 1950, § 62.1-18; 1968, c. 659; 1970, c. 638.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.6:1. Permit rationale.
In granting a permit pursuant to this chapter, the Department shall provide in writing a clear and concise statement of the legal basis, scientific rationale, and justification for the decision reached. When the decision of the Department is to deny a permit pursuant to this chapter, the Department shall, in consultation with legal counsel, provide a clear and concise statement explaining the reason for the denial, the scientific justification for the same, and how the Department's decision is in compliance with applicable laws and regulations. Copies of the decision, certified by the Director, shall be mailed by certified mail to the permittee or applicant.

2022, c. 356.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.7. Board continued.
The State Water Control Board established in the Executive Department of the Commonwealth, is continued.

Code 1950, § 62.1-19; 1968, c. 659; 1970, c. 638.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.8. Number, appointment and terms of members.
The Board shall consist of seven members appointed by the Governor subject to confirmation by the General Assembly. Members shall be appointed for the terms of four years each. Vacancies other than by expiration of a term shall be filled by the Governor by appointment for the unexpired term.

Code 1950, § 62.1-20; 1968, c. 659; 1970, c. 638; 2008, cc. 276, 557.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.1 (STATE WATER CONTROL LAW)
§ 62.1-44.9. Qualifications of members.
A. Members of the Board shall be citizens of the Commonwealth; shall be selected from the Commonwealth at large for 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 Board. Members shall, by their education, training, or experience, be knowledgeable of water quality control and regulation and shall be fairly representative of conservation, public health, business, land development, and agriculture. In making appointments, the Governor shall endeavor to ensure balanced geographical representation. No person shall become a member of the Board who receives, or during the previous two years has received, a significant portion of his income directly or indirectly from certificate or permit holders or applicants for a certificate or permit.

For the purposes of this section, "significant portion of income" means 10 percent or more of gross personal income for a calendar year, except that it means 50 percent or more of gross personal income for a calendar year if the recipient is over 60 years of age and is receiving that portion under retirement, pension, or similar arrangement. Income includes retirement benefits, consultant fees, and stock dividends. Income is not received directly or indirectly from certificate or permit holders or applicants for certificates or permits when it is derived from mutual fund payments, or from other diversified investments for which the recipient does not know the identity of the primary sources of income.

B. Notwithstanding any other provision of this section relating to Board membership, the qualifications for Board membership shall not be more strict than those that are required by federal statute or regulations of the United States Environmental Protection Agency.

Code 1950, § 62.1-21; 1968, c. 659; 1970, c. 638; 1994, c. 461; 2008, cc. 276, 557; 2013, cc. 756, 793; 2014, c. 150.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.2 (Conservation of Water Resources; State Water Control Board)
§ 62.1-44.35. Repealed.
Repealed by Acts 1984, c. 750.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.2 (Conservation of Water Resources; State Water Control Board)
§ 62.1-44.37. Resolution of conflicts as to water use; public hearings.
The Board shall upon application of any state agency or political subdivision, and may upon its own motion, recommend a plan to resolve any conflict as to actual or proposed water use or other practice directly affecting water use that involves a potential or existing conflict between water use functions under the jurisdiction of different state agencies. If requested by any state agency or political subdivision directly affected, or at the Board's discretion, the Board shall hold public hearings on such question at which all persons concerned shall be heard.

Code 1950, § 10-17.2; 1966, c. 561; 1972, c. 728.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.2 (Conservation of Water Resources; State Water Control Board)
§ 62.1-44.38:2. Expired.
Expired.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.2 (Conservation of Water Resources; State Water Control Board)
§ 62.1-44.39. Technical advice and information to be made available.
The Board may make available technical advice and information on water resources to any agency or political subdivision of this Commonwealth, any committee, association or person interested in the conservation or use of water resources, any interstate agency or any agency of the federal government, all for the purpose of assisting in the preparation or effectuation of any plan or program concerning the use or control of the water resources of this Commonwealth in harmony with the state water resources policy or otherwise with the public interest in encouraging, promoting and securing the maximum beneficial use and control of the water resources of this Commonwealth.

Code 1950, § 10-17.4; 1966, c. 561; 1972, c. 728.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.2 (Conservation of Water Resources; State Water Control Board)
§ 62.1-44.40. Governor and General Assembly to be advised; annual report.
The Board shall submit an annual report to the Governor and the General Assembly on or before October 1 of each year on matters relating to the state's water resources policy and the status of the state's water resources, including ground water.

Code 1950, § 10-17.5; 1966, c. 561; 1972, c. 728; 1984, c. 734; 2004, c. 650.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.2 (Conservation of Water Resources; State Water Control Board)
§ 62.1-44.41. Board authorized to speak and act for Commonwealth.
(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.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.2 (Conservation of Water Resources; State Water Control Board)
§ 62.1-44.42. Cooperation with other agencies.
(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.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.2 (Conservation of Water Resources; State Water Control Board)
§ 62.1-44.43. Additional powers of Board.
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.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.2 (Conservation of Water Resources; State Water Control Board)
§ 62.1-44.44. Construction of chapter.
Nothing in this chapter shall be construed as altering, or as authorizing any alteration of, any existing riparian rights or other vested rights in water or water use.

Code 1950, § 10-17.9; 1966, c. 561; 1972, c. 728; 2013, cc. 756, 793.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 3.3 (STATE WATER RESOURCES LAW [Repealed])
§ 62.1-44.45. Repealed.
Repealed by Acts 1974, c. 96.