reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 60.2 - Unemployment Compensation › Chapter 7 - Short-Time Compensation Program › § 60.2-714. Effective date, duration, and modification of plan

A. A work sharing plan shall be effective on the date that is mutually agreed upon by the employer and the Commission, which shall be specified in the notice of approval to the employer. The plan shall expire on the date specified in the notice of approval, which shall be either the date at the end of the twelfth full calendar month after its effective date or an earlier date mutually agreed upon by the employer and the Commission. However, if a work sharing plan is revoked by the Commission under subsection B, the plan shall terminate on the date specified in the Commission's written order of revocation. An employer may terminate a plan at any time upon written notice to the Commission. Upon receipt of such notice from the employer, the Commission shall promptly notify each member of the affected unit of the termination date. An employer may submit a new application to participate in another plan at any time after the expiration or termination date.
B. The Commission may revoke approval of a work sharing plan for good cause at any time, including upon the request of any of the affected unit's employees. The revocation order shall be in writing and shall specify the reasons for the revocation and the date the revocation is effective. The Commission may periodically review the operation of each employer's plan to assure that no good cause exists for revocation of the approval of the plan. Good cause shall include failure to comply with the assurances given in the plan, unreasonable revision of productivity standards for the affected unit, conduct or occurrences tending to defeat the intent and effective operation of the plan, and violation of any criteria on which approval of the plan was based.
C. An employer may request a modification of an approved plan by filing a written request to the Commission. The request shall identify the specific provisions proposed to be modified and provide an explanation of why the proposed modification is appropriate for the plan. The Commission shall approve or disapprove the proposed modification in writing within 10 working days and promptly communicate the decision to the employer. An employer is not required to request approval of a plan modification from the Commission if the change is not substantial, but the employer shall report every change to the plan to the Commission promptly and in writing.
2020, c. 1261.
2023 Code of Virginia › Title 60.2 - Unemployment Compensation › Chapter 7 - Short-Time Compensation Program › § 60.2-715. Eligibility for short-time compensation

A. An employee is eligible to receive short-time compensation under a work sharing plan with respect to any week only if the employee is monetarily eligible for unemployment compensation, not otherwise disqualified for unemployment compensation, and:
1. During the week, the employee is employed as a member of an affected unit under an approved work sharing plan that was approved prior to that week, and the plan is in effect with respect to the week for which short-time compensation is claimed; and
2. Notwithstanding any other provisions of this title relating to availability for work and actively seeking work, the employee is available for the employee's usual hours of work with the short-time compensation employer, which may include, for purposes of this section, participating in training, including employer-sponsored training or training funded under the federal Workforce Innovation and Opportunity Act of 2014, to enhance job skills that is approved by the Commission.
B. Notwithstanding any other provision of law, an employee covered by a work sharing plan is deemed unemployed in any week during the duration of that plan if the employee's remuneration as an employee in an affected unit is reduced based on a reduction of the employee's usual weekly hours of work under an approved work sharing plan.
C. The short-term compensation program shall not serve as a subsidy of seasonal employment during the off-season, nor as a subsidy of temporary part-time or intermittent employment.
2020, c. 1261.
2023 Code of Virginia › Title 60.2 - Unemployment Compensation › Chapter 7 - Short-Time Compensation Program › § 60.2-716. Benefits

A. The short-time compensation weekly benefit amount shall be the product of the regular weekly unemployment compensation amount for a week of total unemployment multiplied by the percentage of reduction in the individual's usual weekly hours of work.
B. An individual may be eligible for short-time compensation or unemployment compensation, as appropriate, except that (i) no individual shall be eligible for combined benefits in any benefit year in an amount more than the maximum entitlement established for regular unemployment compensation and (ii) no individual shall be paid short-time compensation benefits for more than 26 weeks under a plan.
C. Provisions applicable to unemployment compensation claimants shall apply to short-time compensation claimants to the extent that they are not inconsistent with the Program's provisions. An individual who files an initial claim for short-time compensation benefits shall receive a monetary determination.
D. An employee who is not provided any work during a week by the short-time compensation employer, or any other employer, and who is otherwise eligible for unemployment compensation shall be eligible for the amount of regular unemployment compensation to which he would otherwise be eligible.
E. An employee who is not provided any work by the short-time compensation employer during a week, but who works for another employer and is otherwise eligible, may be paid unemployment compensation for that week subject to the disqualifying income and other provisions applicable to claims for regular compensation.
F. An employee who has received all of the short-time compensation or combined unemployment compensation and short-time compensation available in a benefit year shall be considered an exhaustee for purposes of extended benefits and, if otherwise eligible under those provisions, shall be eligible to receive extended benefits.
2020, c. 1261.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 1 - Warehouse Receipts › § 61.1-1. Issue of receipt for goods not received

A warehouseman, or any officer, agent or servant of a warehouseman, who issues or aids in issuing a receipt knowing that the goods for which such receipt is issued have not been actually received by such warehouseman, or are not under his actual control at the time of issuing such receipt, shall be guilty of a misdemeanor, and shall be punished as provided in § 18.2-12.
Code 1950, § 61-53; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 1 - Warehouse Receipts › § 61.1-2. Issue of receipt containing false statement

A warehouseman, or any officer, agent or servant of a warehouseman, who fraudulently issues or aids in fraudulently issuing a receipt for goods knowing that it contains any false statement, shall be guilty of a misdemeanor, and shall be punished as provided in § 18.2-12.
Code 1950, § 61-54; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 1 - Warehouse Receipts › § 61.1-3. Issue of duplicate receipts not so marked

A warehouseman, or any officer, agent or servant of a warehouseman, who issues or aids in issuing a duplicate or additional negotiable receipt for goods, knowing that a former negotiable receipt for the same goods or any part of them is outstanding and uncanceled, without plainly placing upon the face thereof the word "Duplicate," except as otherwise provided by law, shall be guilty of a misdemeanor.
Code 1950, § 61-55; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 1 - Warehouse Receipts › § 61.1-4. Failure to state in receipt warehouseman's interest in goods

Where there are deposited with or held by a warehouseman goods of which he is the owner, either solely or jointly in common with others, such warehouseman, or any of his officers, agents or servants, who knowing this ownership, issues or aids in issuing a negotiable receipt for such goods which does not state such ownership, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided for misdemeanors generally in § 18.2-12.
Code 1950, § 61-56; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 1 - Warehouse Receipts › § 61.1-5. Delivery of goods without obtaining negotiable receipt

A warehouseman, or any officer, agent or servant of a warehouseman, who delivers goods out of the possession of such warehouseman, knowing that a negotiable receipt the negotiation of which would transfer the right to the possession of such goods is outstanding and uncanceled, without obtaining the possession of such receipt at or before the time of such delivery, shall, except as otherwise provided by law, be guilty of a misdemeanor, and upon conviction shall be punished as provided in § 18.2-12.
Code 1950, § 61-57; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 1 - Warehouse Receipts › § 61.1-6. Fraudulent negotiation of receipt for mortgaged goods

Any person who deposits goods to which he has not title, upon which there is a lien or security interest, and who takes for such goods a negotiable receipt which he afterwards negotiates for value with intent to deceive, and without disclosing his want of title or the existence of the lien or security interest, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in § 18.2-12.
Code 1950, § 61-58; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 4 - Tobacco Warehouses and Regulations in General › § 61.1-38. Establishment and discontinuance of warehouses

Tobacco warehouses, which were public warehouses on the day before this Code takes effect, shall continue to be such; and the several circuit and corporation courts may hereafter authorize the erection of tobacco warehouses, or may establish the same, as public warehouses within their respective counties and cities; which warehouses shall be constructed, or shall have been constructed, so as to keep safely, and guard against fire and weather, as far as practicable, all tobacco stored therein, and shall be kept in good repair and at all times, Sunday excepted, be open for receiving, storing, selling and delivering tobacco; but the owner of any such warehouse shall have the right to discontinue the same as a public warehouse, after having published a notice of his intention to do so once a week for four successive weeks in some newspaper published in the county or city, wherein such warehouse is situated, or if no newspaper be published therein, after having posted such notice at the front door of the courthouse of such county or city for four successive weeks.
Code 1950, § 61-95; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 4 - Tobacco Warehouses and Regulations in General › § 61.1-39. Weighing leaf tobacco; itemized statements furnished seller

The proprietor of each and every warehouse shall render to each seller of tobacco at his warehouse a bill plainly stating the amount charged for weighing and handling, the amount charged for auction fees, and the commission charged on such sale, or any other charges made for selling and handling such tobacco.
Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be punished as provided in § 18.2-12.
Code 1950, § 61-108; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 4 - Tobacco Warehouses and Regulations in General › § 61.1-40. Accounts of warehouse sales required

The proprietor of each and every leaf tobacco warehouse doing business in this Commonwealth shall keep a correct account of the number of pounds of leaf tobacco sold upon the floor of his warehouse daily.
Code 1950, § 61-109; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 4 - Tobacco Warehouses and Regulations in General › § 61.1-41. Monthly reports to Commissioner; results classified

On or before the tenth day of each succeeding month the warehouse proprietors shall make a statement, under oath, of all the tobacco so sold upon the floor of his warehouse during the past month and shall transmit the statement, at once, to the Commissioner of Agriculture and Consumer Services. The reports so made shall be so arranged and classified as to show the number of pounds of tobacco sold for the producers of tobacco from first hand; the number of pounds sold for dealers and the number of pounds resold by the proprietor of the warehouse for his own account or for the account of some other warehouse.
Code 1950, § 61-110; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 4 - Tobacco Warehouses and Regulations in General › § 61.1-42. Commissioner to keep record and publish in bulletin

The Commissioner of Agriculture and Consumer Services shall cause such statement to be accurately copied into a book to be kept for this purpose and shall keep separate and apart the statements returned to him from each leaf tobacco market in the Commonwealth, so as to show the number of pounds of tobacco sold by each market for the sale of leaf tobacco; the number of pounds sold by producers, and the number of pounds resold upon each market. The Commissioner shall keep such books open to the inspection of the public, and shall, on or before the twentieth day of each month, after the receipt of the reports above required to be made to him on or before the tenth day of each month, cause the reports to be published in the bulletin issued by the Department of Agriculture and Consumer Services, and in one or more journals published in the interest of the growth, sale, and manufacture of tobacco in the Commonwealth, or having a large circulation therein.
Code 1950, § 61-111; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 4 - Tobacco Warehouses and Regulations in General › § 61.1-43. Penalty for failure to report sales

Any warehouse failing to make the report as required by § 61.1-40 shall be subject to a penalty of twenty-five dollars and the costs in the case, to be recovered by any person suing for same.
Code 1950, § 61-112; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 4 - Tobacco Warehouses and Regulations in General › § 61.1-44. Manufactured tobacco; false branding

If any person use, or permit to be used, on any cask, box or keg of manufactured tobacco, any brand or mark indicating a place or a manufacturer different from the place in which, or the manufacturer by whom, it was really manufactured, he shall be guilty of a misdemeanor and shall be punished as provided in § 18.2-12.
None of the provisions of this chapter, other than this section, shall be construed to apply to manufactured tobacco.
Code 1950, § 61-136; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 4 - Tobacco Warehouses and Regulations in General › § 61.1-45. Nesting punished

If any person nest a basket or parcel of tobacco with inferior tobacco, or other things, with intent to defraud the purchaser, he shall be guilty of a misdemeanor and shall be punished as provided in § 18.2-12.
Code 1950, § 61-137; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 4 - Tobacco Warehouses and Regulations in General › § 61.1-46. Publication of insurance

Every proprietor of a public tobacco warehouse shall keep posted in some conspicuous place upon the premises, a statement showing the amount of insurance he has on such warehouse, the companies in which the insurance has been effected, and the length of time the policies have to run.
Code 1950, § 61-141; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 4 - Tobacco Warehouses and Regulations in General › § 61.1-46.1. Maximum charges for tobacco auction warehouse services

Notwithstanding any other provisions of law to the contrary, on and after July 1, 1970, no tobacco auction warehouse shall charge the grower for services rendered in the sale and handling of flue-cured tobacco any amount or sum in excess of the following:
(a) Warehouse charges: ten cents per 100 pounds or fraction thereof;
(b) Auction fee: twenty-five cents per basket and commission of 2 1/2 percent of the gross amount of each sale.
1970, c. 140.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 5 - Prevention of Frauds in Sale of Leaf Tobacco › § 61.1-47. Person making delivery must impart true name of owner; record of purchase or delivery

Every person who shall deliver any leaf tobacco to a warehouseman or to a cooperative marketing association for sale, offer for sale or display for sale thereof, shall impart to such warehouseman or cooperative marketing association, the true name of the owner of such leaf tobacco; and it shall be the duty of such warehouseman or cooperative marketing association to keep a record of such purchase or delivery showing the quantity of leaf tobacco so delivered, and the name of the owner thereof, given as provided herein.
Code 1950, § 61-146; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 5 - Prevention of Frauds in Sale of Leaf Tobacco › § 61.1-48. Record and information required where tobacco delivered by person other than grower or landlord; exception

Where leaf tobacco is delivered to a warehouseman or cooperative marketing association for sale, offer for sale or display for sale, by a person other than the grower thereof, or the landlord of the land upon which the tobacco was grown, it shall be the duty of a warehouseman or cooperative marketing association to keep a record showing the facts required in § 61.1-47; and in addition thereto if possible the name of the person from whom the person delivering the tobacco obtained the same, and the name of the original grower thereof, and the name of the landlord upon whose land the tobacco was grown, if the same was grown by a tenant. And such person, other than the grower or landlord, shall impart to the warehouseman or cooperative marketing association the true name of the person from whom he obtained the tobacco, and the name of the grower thereof and the landlord. Provided, however, that this section shall not apply to licensed leaf tobacco dealers offering for resale tobacco once sold upon the warehouse floor, and with respect to which the provisions of this chapter have previously been complied with.
Code 1950, § 61-147; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 5 - Prevention of Frauds in Sale of Leaf Tobacco › § 61.1-49. Ticket or card to be placed upon tobacco

Such warehouseman or cooperative marketing association shall also place upon all leaf tobacco delivered to him or to it for sale, offer for sale, or display for sale, a ticket or card which shall state the matters and things required to be recorded by the warehouseman or cooperative marketing association by §§ 61.1-47 and 61.1-48.
Code 1950, § 61-148; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 5 - Prevention of Frauds in Sale of Leaf Tobacco › § 61.1-50. Tickets or cards open to inspection for ten days after delivery of tobacco

All cards or tickets kept, prepared or placed upon tobacco as required herein, shall, for the period of ten days after the delivery of such tobacco, be open to the inspection of the representative of any public tobacco warehouse, or tobacco growers cooperative association, during regular business hours and such representative shall have access to the place where such cards or tickets are kept for the purpose of such inspection.
Code 1950, § 61-149; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 5 - Prevention of Frauds in Sale of Leaf Tobacco › § 61.1-51. Violations constituting misdemeanors

Any person who shall give a fictitious or false name to the warehouseman or cooperative marketing association hereinbefore referred to, or who shall fail to give to such warehouseman or cooperative marketing association the true name of the owner of such leaf tobacco or the person from whom the tobacco was obtained, or the grower and the landlord, upon delivering the same as aforesaid, shall be guilty of a misdemeanor. Any warehouseman or cooperative marketing association who shall fail to comply with any of the provisions of this chapter, or who shall deny to any such representative the privilege of inspection or access as provided in § 61.1-50, shall be guilty of a misdemeanor. Any warehouseman or cooperative marketing association who shall buy or sell leaf tobacco as above set forth, knowing that the name in which the tobacco is sold, or any name given pursuant to the provisions hereof, is false or fictitious, shall be guilty of a misdemeanor.
Code 1950, § 61-150; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 5 - Prevention of Frauds in Sale of Leaf Tobacco › § 61.1-52. Punishment for misdemeanor

Any person guilty of a misdemeanor under the provisions of this chapter shall be punished as provided in § 18.2-12.
Code 1950, § 61-151; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 5 - Prevention of Frauds in Sale of Leaf Tobacco › § 61.1-53. "Warehouseman" defined

The term "warehouseman" as used in this chapter means any person, firm or corporation engaged in the business of selling leaf tobacco at auction, for a commission or for any other consideration.
Code 1950, § 61-152; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 6 - Fees for Sale of Burley Tobacco › § 61.1-55. Commission and basket charge

No person, firm, association, corporation, partnership, copartnership or other legal entity, who or which operates any warehouse in which burley tobacco is sold at public auction, shall charge or receive any commission in excess of four percent of the sales price of such tobacco, nor shall any basket charge be in excess of twenty-five cents per basket, which commission and basket charge shall constitute the entire amount charged by the warehouse operator in connection with such sale; provided, however, that on or before the opening day of the market in any year, the warehouse operator may elect to charge a commission of not exceeding seventy-five cents per 100 pounds, which commission shall constitute the entire charge made in connection with the sale of tobacco throughout that market season at the warehouse for which such election is made.
Code 1950, § 61-154; 1968, c. 69; 2000, c. 380.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 6 - Fees for Sale of Burley Tobacco › § 61.1-56. Penalty for violation

Any such operator of a warehouse violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in § 18.2-12.
Code 1950, § 61-155; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 7 - Handling and Sale of Burley Tobacco › § 61.1-57. Enforcement by Commissioner of Agriculture and Consumer Services; rules and regulations

The Board of Agriculture and Consumer Services shall have authority to establish rules and regulations for the enforcement of this chapter. The Commissioner is hereby vested with the authority to administer and enforce the provisions of this law and to enforce reasonable rules and regulations not inconsistent with the provisions hereof, for the purpose of carrying out the provisions of this chapter.
Code 1950, § 61-156; 1950, p. 66; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 7 - Handling and Sale of Burley Tobacco › § 61.1-58. Commingling burley and other tobacco; moving tobacco before sale

It shall be unlawful for any person to commingle, mix, place in same basket with other tobacco or in any other manner or means to handle tobacco so as to lose its identity, for the purpose of sale at auction, loose-leaf tobacco grown by one producer with loose-leaf burley tobacco grown by any other producer, or of the same producer after being placed on the loose-leaf floor.
After tobacco is weighed and set upon the warehouse floor for sale no basket of tobacco shall be moved, without the consent of the owner, from its place on the floor until sale is confirmed by the owner of same. This shall not apply to official inspectors of the Department of Agriculture and Consumer Services, who in the course of their duties find it necessary to move piles of tobacco.
Code 1950, § 61-157; 1950, p. 66; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 7 - Handling and Sale of Burley Tobacco › § 61.1-59. Sales of burley tobacco

Sales of burley tobacco at warehouses or loosefloors shall be conducted so as to conform to one of the following methods:
(1) Sales to be at the rate of not more than 90,000 pounds per hour, per set of buyers, or
(2) Sales to be at the rate of not more than 360 baskets per hour per set of buyers.
Code 1950, § 61-158; 1950, p. 66; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 7 - Handling and Sale of Burley Tobacco › § 61.1-60. Information to be accurate and substantiated

Any information pertaining to weights of tobacco sold, prices paid or amounts of tobacco handled, disseminated by any warehouseman, his employees or agents shall be accurate and substantiated by records kept at the warehouse or loosefloor.
Code 1950, § 61-159; 1950, p. 67; 1968, c. 69.
2023 Code of Virginia › Title 61.1 - Warehouses, Cold Storage and Refrigerated Locker Plants › Chapter 7 - Handling and Sale of Burley Tobacco › § 61.1-61. Penalty for violation

The violation of any provision of this law or valid rules and regulations promulgated hereunder shall constitute a misdemeanor and shall be punishable by fine of not less than $50 for the first offense and for each subsequent offense shall be punished by a fine of not less than $500 or imprisonment in jail not less than thirty days, or both such fine and imprisonment in the discretion of the court or jury.
Code 1950, § 61-160; 1950, p. 67; 1968, c. 69.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 1 - Watercourses Generally › § 62.1-6. Clearing watercourses between counties of obstructions

The circuit court of any county which is divided by a watercourse from another county or through any part of which a watercourse passes may, by itself or in conjunction with the circuit court or circuit courts of any other county or counties, contract with any person or order laborers to be hired to clear such watercourse of obstructions in such manner and to such extent as may seem to it proper, and there shall be charged on any county whatever sum the court thereof may agree to pay for such purpose.
Code 1950, § 62-4; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 1 - Watercourses Generally › § 62.1-7. Rights of improving navigation preserved; dams, etc.

Whatever power is reserved to the General Assembly by any act heretofore passed to abate or remove any dam or other works in a watercourse, or to improve its navigation, shall continue in full force. And in no case shall the right of the Commonwealth, or of any company incorporated for opening, improving, or extending the navigation of any watercourse, to preference in the use of the water flowing therein for the purposes of such navigation be affected by any order of court, which, since the first day of April, 1816, has been made, or hereafter may be made, granting leave to any person to erect a dam or other obstruction across or in such watercourse.
Code 1950, § 62-5; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 1 - Watercourses Generally › § 62.1-8. Limitation on power of courts to grant leave to erect dams

Where a watercourse is navigable, or by law declared a public highway, no court shall grant leave to any person to erect in that part of it any dam which will obstruct ordinary navigation or the passage of fish; and where any law has been or shall be enacted for opening, improving or extending the navigation of a watercourse no court shall, while such law is in force, grant leave to any person to erect any dam or other obstruction across or in such watercourse which will in any way interfere with the navigation thereof without express authority of law or the consent of the company incorporated to open, improve or extend such navigation. Any such dam shall, notwithstanding it may be built under such leave, be deemed a nuisance, and may be abated as such, or such company or the Commonwealth may make a lock or locks in such dam for the passage of vessels and boats without being required to make any compensation therefor.
Code 1950, § 62-6; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 1 - Watercourses Generally › § 62.1-9. Construction of two preceding sections

Sections 62.1-7 and 62.1-8 shall not be construed to give any greater or other right to any person who has erected or may erect any dam or other obstruction across or in any watercourse, than such person would have had if such sections had not been enacted.
Code 1950, § 62-7; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 2 - State Policy As to Waters › § 62.1-10. Definitions

As used in this chapter, the following terms shall have the meanings respectively ascribed to them:
(a) "Water" includes all waters, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction and which affect the public welfare.
(b) "Beneficial use" means both instream and offstream uses. Instream beneficial uses include, but are not limited to, the protection of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values. Offstream beneficial uses include, but are not limited to, domestic (including public water supply), agricultural, electric power generation, commercial and industrial uses. Public water supply uses for human consumption shall be considered the highest priority.
Code 1950, § 62-9.1; 1954, c. 330; 1958, c. 413; 1968, c. 659; 1989, c. 410.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 2 - State Policy As to Waters › § 62.1-11. Waters declared natural resource; state regulation and conservation; limitations upon right to use

A. Such waters are a natural resource which should be regulated by the Commonwealth.
B. The regulation, control, development and use of waters for all purposes beneficial to the public are within the jurisdiction of the Commonwealth which in the exercise of its police powers may establish measures to effectuate the proper and comprehensive utilization and protection of such waters.
C. The changing wants and needs of the people of the Commonwealth may require the water resources of the Commonwealth to be put to uses beneficial to the public to the extent of which they are reasonably capable; the waste or unreasonable use or unreasonable method of use of water should be prevented; and the conservation of such water is to be exercised with a view to the welfare of the people of the Commonwealth and their interest in the reasonable and beneficial use thereof.
D. The public welfare and interest of the people of the Commonwealth require the proper development, wise use, conservation and protection of water resources together with protection of land resources, as affected thereby.
E. The right to the use of water or to the flow of water in or from any natural stream, lake or other watercourse in this Commonwealth is and shall be limited to such water as may reasonably be required for the beneficial use of the public to be served; such right shall not extend to the waste or unreasonable use or unreasonable method of use of such water.
F. The quality of state waters is affected by the quantity of water and it is the intent of the Commonwealth, to the extent practicable, to maintain flow conditions to protect instream beneficial uses and public water supplies for human consumption.
Code 1950, § 62-9.2; 1954, c. 330; 1968, c. 659; 1989, c. 410.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 2 - State Policy As to Waters › § 62.1-12. Valid uses not affected; chapter not applicable to proceedings determining rights

Nothing in this chapter shall operate to affect any existing valid use of such waters or interfere with such uses hereafter acquired, nor shall it be construed as applying to the determination of rights in any proceeding now pending or hereafter instituted.
Code 1950, § 62-9.3; 1954, c. 330; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 2 - State Policy As to Waters › § 62.1-13. Construction with reference to rights, etc., of counties, cities and towns

Nothing in this chapter contained shall be construed as a declaration of policy of the Commonwealth to divest any county, city or town of its title or right to any water or of its powers conferred by law with respect to the disposition thereof; nor shall anything in this chapter be construed to authorize the impairment of any contract to which such county, city or town is a party, or to obligate any county, city or town to appropriate or expend any funds. The purpose of this chapter is to recognize the public use to which such water is devoted.
Code 1950, § 62-9.4; 1954, c. 330; 1968, c. 659.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.2. Short title; purpose

The short title of this chapter is the State Water Control Law. It is the policy of the Commonwealth of Virginia and the purpose of this law to: (1) protect existing high quality state waters and restore all other state waters to such condition of quality that any such waters will permit all reasonable public uses and will support the propagation and growth of all aquatic life, including game fish, which might reasonably be expected to inhabit them; (2) safeguard the clean waters of the Commonwealth from pollution; (3) prevent any increase in pollution; (4) reduce existing pollution; (5) promote and encourage the reclamation and reuse of wastewater in a manner protective of the environment and public health; and (6) promote water resource conservation, management and distribution, and encourage water consumption reduction in order to provide for the health, safety, and welfare of the present and future citizens of the Commonwealth.
Code 1950, § 62.1-14; 1968, c. 659; 1970, c. 638; 1978, c. 827; 2000, c. 972.
2023 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.
2023 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.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.5. (Effective until July 1, 2024) 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 or permit issued by the Board or other entity authorized by the Board to issue a certificate 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; or
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.
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.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.5. (Effective July 1, 2024) 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 or permit issued by the Board or other entity authorized by the Board to issue a certificate 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; or
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.
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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.11. Meetings

The Board shall meet at least four times a year, and other meetings may be held at any time or place determined by the Board or upon call of the chairman or upon written request of any two members. All members shall be duly notified of the time and place of any regular or other meeting at least five days in advance of such meeting.
Code 1950, § 62.1-23; 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 › § 62.1-44.12. Records of proceedings; special orders, standards, policies, rules and regulations

The Board shall keep a complete and accurate record of the proceedings at all its meetings, a copy of which shall be kept on file in the office of the Executive Director and open to public inspection. Any standards, policies, rules or regulations adopted by the Board to have general effect in part or all of the Commonwealth shall be filed in accordance with the Virginia Register Act (§ 2.2-4100 et seq.). The owner to whom any special order is issued under the provisions of § 62.1-44.15 shall be notified by certified mail sent to the last known address of such owner and the time limits specified shall be counted from the date of mailing.
Code 1950, § 62.1-24; 1968, c. 659; 1970, c. 638; 1977, c. 32; 1981, c. 620.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 3.1 - State Water Control Law › § 62.1-44.13. Inspections and investigations, etc.

The Board shall make such inspections, conduct such investigations and do such other things as are necessary to carry out the provisions of this chapter, within the limits of appropriation, funds, or personnel which are, or become, available from any source for this purpose.
Code 1950, § 62.1-25; 1968, c. 659; 1970, c. 638.