reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.15:68. Definitions

For the purposes of this article, the following words shall have the meanings respectively ascribed to them:
"Chesapeake Bay Preservation Area" means an area delineated by a local government in accordance with criteria established pursuant to § 62.1-44.15:72.
"Criteria" means criteria developed by the Board pursuant to § 62.1-44.15:72 for the purpose of determining the ecological and geographic extent of Chesapeake Bay Preservation Areas and for use by local governments in permitting, denying, or modifying requests to rezone, subdivide, or use and develop land in Chesapeake Bay Preservation Areas.
"Daylighted stream" means a stream that had been previously diverted into an underground drainage system, has been redirected into an aboveground channel using natural channel design concepts as defined in § 62.1-44.15:51, and would meet the criteria for being designated as a Resource Protection Area (RPA) as defined by the Board under this article.
"Department" means the Department of Environmental Quality.
"Director" means the Director of the Department of Environmental Quality.
"Secretary" means the Secretary of Natural and Historic Resources.
"Tidewater Virginia" means the following jurisdictions:
The Counties of Accomack, Arlington, Caroline, Charles City, Chesterfield, Essex, Fairfax, Gloucester, Hanover, Henrico, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Mathews, Middlesex, New Kent, Northampton, Northumberland, Prince George, Prince William, Richmond, Spotsylvania, Stafford, Surry, Westmoreland, and York, and the Cities of Alexandria, Chesapeake, Colonial Heights, Fairfax, Falls Church, Fredericksburg, Hampton, Hopewell, Newport News, Norfolk, Petersburg, Poquoson, Portsmouth, Richmond, Suffolk, Virginia Beach, and Williamsburg.
1988, cc. 608, 891, § 10.1-2101; 2005, c. 41; 2012, cc. 785, 819; 2013, cc. 756, 793; 2015, c. 674; 2021, Sp. Sess. I, c. 401.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.15:69. (Effective until July 1, 2024) Powers and duties of the Board

The Board is responsible for carrying out the purposes and provisions of this article and is authorized to:
1. Provide land use and development and water quality protection information and assistance to the various levels of local, regional, and state government within the Commonwealth.
2. Consult, advise, and coordinate with the Governor, the Secretary, the General Assembly, other state agencies, regional agencies, local governments, and federal agencies for the purpose of implementing this article.
3. Provide financial and technical assistance and advice to local governments and to regional and state agencies concerning aspects of land use and development and water quality protection pursuant to this article.
4. Promulgate regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.).
5. Develop, promulgate, and keep current the criteria required by § 62.1-44.15:72.
6. Provide technical assistance and advice or other aid for the development, adoption, and implementation of local comprehensive plans, zoning ordinances, subdivision ordinances, and other land use and development and water quality protection measures utilizing criteria established by the Board to carry out the provisions of this article.
7. Develop procedures for use by local governments to designate Chesapeake Bay Preservation Areas in accordance with the criteria developed pursuant to § 62.1-44.15:72.
8. Ensure that local government comprehensive plans, zoning ordinances, and subdivision ordinances are in accordance with the provisions of this article. Determination of compliance shall be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
9. Make application for federal funds that may become available under federal acts and to transmit such funds when applicable to any appropriate person.
10. Take administrative and legal actions to ensure compliance by counties, cities, and towns with the provisions of this article including the proper enforcement and implementation of, and continual compliance with, this article.
11. Perform such other duties and responsibilities related to the use and development of land and the protection of water quality as the Secretary may assign.
1988, cc. 608, 891, § 10.1-2103; 1997, c. 266; 2013, cc. 756, 793.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.15:69. (Effective July 1, 2024) Powers and duties of the Board

The Board is responsible for carrying out the purposes and provisions of this article and is authorized to:
1. Provide land use and development and water quality protection information and assistance to the various levels of local, regional, and state government within the Commonwealth.
2. Consult, advise, and coordinate with the Governor, the Secretary, the General Assembly, other state agencies, regional agencies, local governments, and federal agencies for the purpose of implementing this article.
3. Provide financial and technical assistance and advice to local governments and to regional and state agencies concerning aspects of land use and development and water quality protection pursuant to this article.
4. Promulgate regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.).
5. Develop, promulgate, and keep current the criteria required by § 62.1-44.15:72.
6. Provide technical assistance and advice or other aid for the development, adoption, and implementation of local comprehensive plans, zoning ordinances, subdivision ordinances, and other land use and development and water quality protection measures utilizing criteria established by the Board to carry out the provisions of this article.
7. Develop procedures for use by local governments to designate Chesapeake Bay Preservation Areas in accordance with the criteria developed pursuant to § 62.1-44.15:72.
8. Ensure that local government comprehensive plans, zoning ordinances, and subdivision ordinances are in accordance with the provisions of this article. Determination of compliance shall be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
9. Make application for federal funds that may become available under federal acts and to transmit such funds when applicable to any appropriate person.
10. Take administrative and legal actions to ensure compliance by counties, cities, and towns with the provisions of this article including the proper enforcement and implementation of, and continual compliance with, this article.
11. Perform such other duties and responsibilities related to the use and development of land and the protection of water quality as the Secretary may assign.
1988, cc. 608, 891, § 10.1-2103; 1997, c. 266; 2013, cc. 756, 793.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.15:70. Exclusive authority of Board to institute legal actions

The Board shall have the exclusive authority to institute or intervene in legal and administrative actions to ensure compliance by local governing bodies with this article and with any criteria or regulations adopted hereunder.
1988, cc. 608, 891, § 10.1-2104; 1997, c. 266; 2013, cc. 756, 793.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.15:71. (Repealed effective July 1, 2024) Program compliance

Program compliance reviews conducted in accordance with § 62.1-44.15:69 and the regulations associated with this article shall be coordinated where applicable with those being implemented in accordance with the erosion and sediment control and stormwater management provisions of this chapter and associated regulations. The Department may also conduct a comprehensive or partial program compliance review and evaluation of a local government program more frequently than the standard schedule.
Following completion of a compliance review of a local government program, the Department shall provide results and compliance recommendations to the Board in the form of a corrective action agreement should deficiencies be found; otherwise, the Board may find the program compliant. When deficiencies are found, the Board will establish a schedule for the local government to come into compliance. The Board shall provide a copy of its decision to the local government that specifies the deficiencies, actions needed to be taken, and the approved compliance schedule. If the local government has not implemented the necessary compliance actions identified by the Board within 30 days following receipt of the corrective action agreement, or such additional period as is granted to complete the implementation of the compliance actions, then the Board shall have the authority to issue a special order to any local government imposing a civil penalty not to exceed $5,000 per day with the maximum amount not to exceed $20,000 per violation for noncompliance with the state program, to be paid into the state treasury and deposited in the Virginia Stormwater Management Fund established by § 62.1-44.15:29.
The Administrative Process Act (§ 2.2-4000 et seq.) shall govern the activities and proceedings of the Board under this article and the judicial review thereof.
In lieu of issuing a special order, the Board is also authorized to take legal action against a local government to ensure compliance.
2012, cc. 785, 819, § 10.1-2104.1; 2013, cc. 756, 793.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.15:73. Local government authority

Counties, cities, and towns are authorized to exercise their police and zoning powers to protect the quality of state waters consistent with the provisions of this article.
1988, cc. 608, 891, § 10.1-2108; 2013, cc. 756, 793.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.15:75. Local governments outside of Tidewater Virginia may adopt provisions

Any local government, although not a part of Tidewater Virginia, may employ the criteria developed pursuant to § 62.1-44.15:72 and may incorporate protection of the quality of state waters into their comprehensive plans, zoning ordinances, and subdivision ordinances consistent with the provisions of this article.
1988, cc. 608, 891, § 10.1-2110; 2013, cc. 756, 793.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.15:76. Local government requirements for water quality protection

Local governments shall employ the criteria promulgated by the Board to ensure that the use and development of land in Chesapeake Bay Preservation Areas shall be accomplished in a manner that protects the quality of state waters consistent with the provisions of this article.
1988, cc. 608, 891, § 10.1-2111; 2013, cc. 756, 793.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.15:77. Effect on other governmental authority

The authorities granted herein are supplemental to other state, regional, and local governmental authority. No authority granted to a local government by this article shall affect in any way the authority of the Board. No authority granted to a local government by this article shall limit in any way any other planning, zoning, or subdivision authority of that local government.
1988, cc. 608, 891, § 10.1-2113; 2013, cc. 756, 793.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.15:78. State agency consistency

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.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.15:79. Vested rights protected

The provisions of this article shall not affect vested rights of any landowner under existing law.
1988, cc. 608, 891, § 10.1-2115; 2013, cc. 756, 793.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.15:80. Findings and purpose

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.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.15:82. Public notice of draft certification conditions

A. The Department shall prepare a public notice of draft certification conditions developed pursuant to § 62.1-44.15:81 that the applicant shall cause to be published once in one or more newspapers of general circulation selected by the Department in the areas in which the proposed activity is to take place.
B. The public notice shall include:
1. The name, address, telephone number, and government email address of the Department office at which persons may obtain information pertinent to the application;
2. A brief description of the activity that may result in a discharge to state waters or how to obtain detailed information on the activity;
3. The location of such activity and the state waters that may be affected. The location shall include a listing of all counties and cities in which the activity will occur and include either maps of the project area or directions on how to access such maps. Where possible, location information shall reference route numbers, road intersections, map coordinates, or similar information or how to obtain detailed information on the activity;
4. A summary of the draft certification conditions;
5. A brief description of the procedures for formulation of a final determination of any conditions, including the appropriate comment period required by subsection C and the means by which interested persons may comment on the application; and
6. Instructions for requesting a public hearing if a public hearing is not already scheduled.
C. If no public hearing has already been scheduled, a period of 30 days following the date of the publication of public notice shall be provided during which interested persons may submit written comments and requests for a hearing. If a public hearing has already been scheduled, public notice shall be provided at least 30 days before the public hearing date.
2018, c. 636.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.15:83. Requests for public hearing, hearings, and final decisions procedures

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.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.15:84. Requests for modification or revocation; public notice

A. The applicant or the Department may request that conditions in the certification be modified or revoked. Requests for modification or revocation of any certification conditions shall contain the following information:
1. If the request is made by the applicant, the name, mailing address, and telephone number of the requester and the name, mailing address, and telephone number of any person representing the requestor;
2. Where applicable, a statement specifically setting forth the requested modification and the reason for such modification; and
3. Where applicable, a statement specifically setting forth the reason for the requested revocation.
B. The Director shall review all requests for modification or revocation and make a tentative determination within 60 days of receipt of the completed request whether to grant or deny the requested modification or revocation.
C. Any draft modification or revocation shall be public noticed, and final decisions shall be made in the same manner as the original certification.
2018, c. 636.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.16:1. Local enforcement of industrial waste permits

A. Any locality that has adopted an ordinance for the testing and monitoring of the land application of industrial wastes pursuant to § 62.1-44.16 shall have the authority to order the abatement of any violation of § 62.1-44.16 or of any violation of any permit or certificate issued under that section. Such abatement order shall identify the activity constituting the violation, specify the provision of the Code of Virginia or permit condition violated by the activity, and order that the activity cease immediately.
B. In the event of any dispute concerning the existence of a violation, the activity alleged to be in violation shall be halted pending a determination by the Director, whose decision shall be final and binding unless reversed on judicial appeal pursuant to § 2.2-4026. Any person who fails or refuses to halt such activity may be compelled to do so by injunction issued by a court having competent jurisdiction. Upon determination by the Director that there has been a violation of § 62.1-44.16 or of any permit or certificate issued under that section and that such violation poses an imminent threat to public health, safety, or welfare, the Department shall commence appropriate action to abate the violation and immediately notify the chief administrative officer of any locality potentially affected by the violation. Neither the Board, the Commonwealth, nor any employee of the Commonwealth shall be liable for failing to provide the notification required by this section.
C. Local governments shall promptly notify the Department of all results from the testing and monitoring of the land application of industrial wastes performed by persons employed by local governments and any violation of § 62.1-44.16 or of any violation of any permit or certificate issued under that section, discovered by local governments.
2015, cc. 104, 677.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.17. Other wastes

(1) Any owner who handles, stores, distributes or produces other wastes as defined in § 62.1-44.3, any owner who causes or permits same to be handled, stored, distributed or produced or any owner upon or in whose establishment other wastes are handled, stored, distributed or produced shall upon request of the Board install facilities approved by the Board or adopt such measures approved by the Board as are necessary to prevent the escape, flow or discharge into any state waters when the escape, flow or discharge of such other wastes into any state waters would cause pollution of such state waters.
(2) Any owner under this section requested by the Board to provide facilities or adopt such measures shall make application therefor to the Board. Such application shall be accompanied by a copy of pertinent plans, specifications, maps, and such other relevant information as may be required, in scope and details satisfactory to the Board.
(3) The Board shall review the application and the information that accompanies it as soon as practicable and make a ruling within a period of four months from the date the application is filed with the Board approving or disapproving the application and stating the grounds for conditional approval or disapproval. If the application is approved, the Board shall grant a certificate for the handling, storing, distribution or production of such other wastes. If the application is disapproved, the Board shall notify the owner as to what measures the owner may take to secure approval.
Code 1950, § 62.1-30; 1968, c. 659; 1970, c. 638.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.17:2. Definitions

As used in this article, unless the context requires a different meaning:
"Toxicity" means the inherent potential or capacity of a material to cause adverse effects on a living organism, including acute or chronic effects on aquatic life, detrimental effects on human health or other adverse environmental effects.
"Toxics" or "toxic substance" 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. 155; 2000, cc. 17, 1043.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.17:3. Toxic substances reduction in state waters; report required

A. The Board shall (i) conduct ongoing assessments of the amounts of toxics in Virginia's waters and (ii) develop and implement a plan for the reduction of toxics in Virginia's waters.
B. The status of the Board's efforts to reduce the level of toxic substances in state waters shall be reported biennially, no later than January 1 in each odd-numbered year, to the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources. The report shall include the following information:
1. Compliance data on permits that have limits for toxics;
2. The number of new permits or reissued permits that have toxic limits and the location of each permitted facility;
3. The location and number of monitoring stations and the period of time that monitoring has occurred at each location;
4. A summary of pollution prevention and pollution control activities for the reduction of toxics in state waters;
5. The sampling results from the monitoring stations for the previous two years;
6. The Board's plan for continued reduction of the discharge of toxics, which shall include, but not be limited to, additional monitoring activities, a work plan for the pollution prevention program, and any pilot projects established for the use of innovative technologies to reduce the discharge of toxics;
7. The identification of any segments for which the Board or the Director of the Department of Environmental Quality has made a decision to conduct additional evaluation or monitoring. Information regarding these segments shall include, at a minimum, the geographic location of the stream segment within a named county or city; and
8. The identification of any segments that are designated as toxic impaired waters as defined in § 62.1-44.19:4 and any plans to address the impairment.
1997, c. 155; 2000, cc. 17, 1043; 2015, c. 173.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.17:4. Evaluation of toxics removal and remediation technology

The Board shall conduct a review of instream toxics removal or remediation technologies, a minimum of once every five years, to determine whether (i) new technologies for responding to toxic contamination will necessitate any changes in the selection of removal or remediation strategies previously included as provisions of Board agreements and (ii) any of the Department of Environmental Quality's current strategies for responding to toxic contamination need to be revised.
2000, cc. 17, 1043.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.18. Sewerage systems, etc., under supervision of Board and Department of Environmental Quality; Board to regulate design specification and plans

A. All sewerage systems and sewage treatment works shall be under the general supervision of the Board.
B. The Department of Environmental Quality shall, when requested, consult with and advise the authorities of cities, towns, sanitary districts, and any owner having or intending to have installed sewage treatment works as to the most appropriate type of treatment, but the Department shall not prepare plans, specifications, or detailed estimates of cost for any improvement of an existing or proposed sewage treatment works.
C. It shall be the duty of the owner of any such sewerage system or sewage treatment works from which sewage is being discharged into any state waters to furnish, when requested by the Board, information with regard to the quantities and character of the raw and treated sewage and the operation results obtained in the removal and disposal of organic matter and other pertinent information as is required.
D. The regulations of the Board shall govern the collection, conveyance, treatment and disposal of sewage. Such regulations shall be designed to protect the public health and promote the public welfare and may include, without limitation:
1. A requirement that the owner obtain a permit prior to the construction, installation, modification or operation of a sewerage system or treatment;
2. Criteria for the granting or denial of such permits;
3. Standards for the design, construction, installation, modification and operation of sewerage systems and treatment works;
4. Standards specifying the minimum distance between sewerage systems or treatment works and:
(a) Public and private wells supplying water for human consumption,
(b) Lakes and other impounded waters,
(c) Streams and rivers,
(d) Shellfish waters,
(e) Ground waters,
(f) Areas and places of human habitation, and
(g) Property lines;
5. Standards as to the adequacy of an approved water supply;
6. A prohibition against the discharge of untreated sewage onto land or into waters of the Commonwealth; and
7. Criteria for determining the demonstrated ability of alternative onsite systems, which are not permitted through the then current sewage handling and disposal regulations, to treat and dispose of sewage as effectively as approved methods.
E. In addition to factors related to the Board's responsibilities for the safe and sanitary treatment and disposal of sewage as they affect the public health and welfare, the Board shall, in establishing standards, give due consideration to economic costs of such standards in accordance with the applicable provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
Code 1950, §§ 62-39, § 62.1-31; 1968, c. 659; 1970, c. 638; 1991, c. 194; 2003, c. 614.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.18:2. When Board may prohibit discharge; permits

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.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.19. Approval of sewerage systems and sewage treatment works

A. Before any owner may erect, construct, open, expand or operate a sewerage system or sewage treatment works which will have a potential discharge or actual discharge to state waters, such owner shall file with the Board an application for a certificate in scope and detail satisfactory to the Board.
B. If the application involves a system or works from which there is or is to be a discharge to state waters, the application shall be given public notice by publication once a week for two successive weeks in a newspaper of general circulation in the county or city where the certificate is applied for or by such other means as the Board may prescribe. Before issuing the certificate, the Board shall consult with and give consideration to the written recommendations of the State Department of Health pertaining to the protection of public health. Upon completion of advertising, the Board shall determine if the application is complete, and if so, shall act upon it within 21 days of such determination. The Board shall approve such application if it determines that minimum treatment requirements will be met and that the discharge will not result in violations of water quality standards. If the Board disapproves the application, it shall state what modifications or changes, if any, will be required for approval.
C. After the certificate has been issued or amended by the Board, the owner shall acquire from the Department of Environmental Quality (i) authorization to construct the systems or works for which the Board has issued a discharge certificate and (ii) upon completion of construction, authorization to operate the sewerage system or sewage treatment works. These authorizations shall be obtained in accordance with regulations promulgated by the Board.
D. Any owner operating under a valid certificate issued by the Board who fails to meet water quality standards established by the Board solely as a result of a change in water quality standards or in the law shall provide the necessary facilities approved by the Department of Environmental Quality, in accordance with the provisions of subsection C of this section, within a reasonable time to meet such new requirements. The Board may amend such certificate, or revoke it and issue a new one to reflect such facilities after proper hearing, with at least 30 days' notice to the owner of the time, place and purpose thereof. If such revocation or amendment of a certificate is mutually agreeable to the Board and the owner involved, the hearing and notice may be dispensed with.
E. The Board shall revoke the certificate in case of a failure to comply with all such requirements and may issue a special order under subdivisions (8a), (8b), and (8c) of § 62.1-44.15.
Code 1950, § 62.1-33; 1968, c. 659; 1970, c. 638; 1976, c. 661; 1991, c. 194; 2003, c. 614.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.19:1. Prohibiting sewage discharge under certain conditions in Virginia Beach

If the Board or the State Department of Health determines that a receiving stream in the City of Virginia Beach is being polluted by the sewage discharge from a private or public sewage utility and that it is possible to connect such utility to the sewage system of a municipality, sewage treatment authority, or sanitation district, the Board may order the utility in the City of Virginia Beach to stop such discharge into the receiving stream. The utility shall discontinue such discharge within one year of such order by providing either (i) adequate treatment as determined by the Board or the State Department of Health or (ii) a connection to central facilities.
1972, c. 840; 2022, c. 235.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.19:2. Additional requirements on sewage discharge in the Cities of Chesapeake, Hampton, Newport News, Norfolk and Virginia Beach

A. Beginning January 1, 1973, every sewage pumping station in the Cities of Chesapeake, Hampton, Newport News, Norfolk, and Virginia Beach shall:
1. Have adequate personnel on call at all times, each of whom may serve multiple pumping stations, as prescribed by the Chesapeake, Hampton, Newport News, Norfolk, or Virginia Beach City Council, respectively;
2. As prescribed by the Board, be inspected at such intervals and maintain such records of inspection. Such records shall be open for review by the Board or its representatives at any reasonable time it designates;
3. Have an automatic alarm system installed to give immediate warning of any pump station failure;
4. Have emergency pump connections installed and have portable pumps available to pump sewage to downstream sewer lines during any period of pump station failure;
5. Not use, except in an emergency pursuant to regulations as provided by the Board, any overflow line from any such pumping station except as provided in subdivision 4.
B. Any sewerage system within the City of Chesapeake, Hampton, Newport News, Norfolk, or Virginia Beach that complies with the requirements of this section is deemed to meet the requirements for continuous operability as set forth in regulations of the Board or the State Department of Health.
1972, c. 840; 1975, c. 373; 1976, c. 188; 2022, c. 235.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.19:3.1. Certification of sewage sludge land applicators

A. The Board, with the assistance of the Department of Health, and the Department of Professional and Occupational Regulation shall adopt regulations and standards for training, testing, and certification of persons land applying Class B sewage sludge in the Commonwealth, and for revoking, suspending, or denying such certification from any person for cause. The regulations shall include standards and criteria for the approval of programs of instruction taught by governmental entities and by the private sector for the purpose of certifying sewage sludge land applicators. The Board shall promulgate the regulations and standards required by this subsection no later than July 1, 2008.
B. No person shall land apply Class B sewage sludge pursuant to a permit under § 62.1-44.19:3 unless a certified sewage sludge land applicator is onsite at all times during such land application, as of 180 days following the effective date of regulations required by this section.
2007, cc. 881, 929.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.19:3.2. Local enforcement of sewage sludge regulations

A. Any locality that has adopted an ordinance for the testing and monitoring of the land application of sewage sludge pursuant to § 62.1-44.19:3 shall have the authority to order the abatement of any violation of § 62.1-44.19:3, 62.1-44.19:3.1, or 62.1-44.19:3.3, or of any violation of any regulation adopted under these sections. Such abatement order shall identify the activity constituting the violation, specify the Code provision or regulation violated by the activity, and order that the activity cease immediately.
B. In the event of any dispute concerning the existence of a violation, the activity alleged to be in violation shall be halted pending a determination by the Director, whose decision shall be final and binding unless reversed on judicial appeal pursuant to § 2.2-4026. Any person who fails or refuses to halt such activity may be compelled to do so by injunction issued by a court having competent jurisdiction. Upon determination by the Director that there has been a violation of § 62.1-44.19:3, 62.1-44.19:3.1, or 62.1-44.19:3.3, or of any regulation adopted under these sections and that such violation poses an imminent threat to public health, safety, or welfare, the Department shall commence appropriate action to abate the violation and immediately notify the chief administrative officer of any locality potentially affected by the violation. Neither the Board, the Commonwealth, nor any employee of the Commonwealth shall be liable for failing to provide the notification required by this section.
C. Local governments shall promptly notify the Department of all results from the testing and monitoring of the land application of sewage sludge performed by persons employed by local governments and any violation of § 62.1-44.19:3, 62.1-44.19:3.1, or 62.1-44.19:3.3, or regulations adopted under those sections, discovered by local governments.
2007, cc. 881, 929.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.19:3.3. Septage disposal

The Board shall have the authority to issue permits that prescribe the terms and conditions upon which septage may be disposed of by land application. Application for disposal permits shall be submitted in form and content that are satisfactory to the Board. Upon receipt of a satisfactory application, the Board shall send a copy to the State Board of Health and shall comply with the provisions of § 62.1-44.19:3.4. The State Board of Health shall review the application without delay and advise the Board within 60 days of the requirements necessary to protect public health. The Board shall not consider the application complete until comments have been received from the State Board of Health. The Board shall approve or disapprove the application and issue the permit as appropriate. If the application is disapproved, the Board shall advise the applicant of the conditions necessary to obtain approval. The Board may summarily revoke or amend the permit if it determines that the septage disposal is adversely affecting state waters or if the State Board of Health notifies the Board that public health is being adversely affected.
2007, cc. 881, 929.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.19:3.4. Notification of local governing bodies

A. Whenever the Department receives an application for land disposal of treated sewage, stabilized sewage sludge, or stabilized septage, the Department shall notify the local governing bodies where disposal is to take place of pertinent details of the proposal and establish a date for a public meeting to discuss technical issues relating to the proposal. The Department shall give notice of the date, time, and place of the public meeting and a description of the proposal by publication in a newspaper of general circulation in the city or county where land disposal is to take place. Public notice of the scheduled meeting shall occur no fewer than seven or more than 14 days prior to the meeting. The Board shall not issue the permit for land disposal until the public meeting has been held and comment has been received from the local governing body, or until 30 days have lapsed from the date of the public meeting. This section shall not apply to applications for septic tank permits.
B. When a farm is to be added to an existing permit authorizing land application of sewage sludge, the Department shall notify persons residing on property bordering such farm, and shall receive written comments from those persons for a period not to exceed 30 days. Based upon the written comments, the Department shall determine whether additional site-specific requirements should be included in the authorization for land application at the farm.
2007, cc. 881, 929; 2009, c. 42.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.19:4. Definitions

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.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.19:6. Citizen right-to-know provisions

A. The Board, based on the information in the 303(d) and 305(b) reports, shall:
1. Request the Department of Wildlife Resources or the Virginia Marine Resources Commission to post notices at public access points to all toxic impaired waters. The notice shall be prepared by the Board and shall contain (i) the basis for the impaired designation and (ii) a statement of the potential health risks provided by the Virginia Department of Health. The Board shall annually notify local newspapers, and persons who request notice, of any posting and its contents. The Board shall coordinate with the Virginia Marine Resources Commission and the Department of Wildlife Resources to assure that adequate notice of posted waters is provided to those purchasing hunting and fishing licenses.
2. Maintain a "citizen hot-line" for citizens to obtain, either telephonically or electronically, information about the condition of waterways, including information on toxics, toxic discharges, permit violations and other water quality related issues.
3. Make information regarding the presence of toxics in fish tissue and sediments available to the public on the Internet and through other reasonable means for at least five years after the information is received by the Department of Environmental Quality. The Department of Environmental Quality shall post on the Internet and in the Virginia Register on or about January 1 and July 1 of each year an announcement of any new data that has been received over the past six months and shall make a copy of the information available upon request.
B. The Department of Environmental Quality shall provide to the Virginia Department of Health and local newspapers, television stations, and radio stations, and shall disseminate via official social media accounts and email notification lists, the discharge information reported to the Director of the Department of Environmental Quality pursuant to subsection B of § 62.1-44.5, when the Virginia Department of Health determines that the discharge may be detrimental to the public health or the Department determines that the discharge may impair beneficial uses of state waters.
1997, c. 519; 2000, cc. 17, 1043; 2020, cc. 958, 1182.