reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - VWP Permit Program Definitions, Exclusions, Prohibitions and Requirements › Section 9VAC25-210-50 - Prohibitions and requirements for VWP permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except in
				  compliance with a VWP permit, unless the activity is otherwise exempted or
				  excluded, no person shall dredge, fill, or discharge any pollutant into, or
				  adjacent to surface waters; withdraw surface water; otherwise alter the
				  physical, chemical, or biological properties of state waters regulated under
				  this chapter and make them detrimental to the public health, to animal or
				  aquatic life, or to the uses of such waters for domestic or industrial
				  consumption, for recreation, or for other uses; excavate in wetlands; or on or
				  after October 1, 2001, conduct the following activities in a wetland:
1. New activities to cause draining that
				  significantly alters or degrades existing wetland acreage or
				  functions;
2. Filling or
				  dumping;
3. Permanent flooding or
				  impounding; or
4. New activities
				  that cause significant alteration or degradation of existing wetland acreage or
				  functions.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - VWP Permit Program Definitions, Exclusions, Prohibitions and Requirements › Section 9VAC25-210-55 - Statewide information requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The department may request (i) such plans, specifications,
					 and other pertinent information as may be necessary to determine the effect of
					 an applicant's discharge on the quality of state waters or (ii) such other
					 information as may be necessary to accomplish the purposes of this chapter. Any
					 owner, permittee, or person applying for a VWP permit or general permit
					 coverage shall provide the information requested by the
					 department.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 401 of the Clean Water Act (33 USC §
													1251 et
						seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - VWP Permit Program Definitions, Exclusions, Prohibitions and Requirements › Section 9VAC25-210-65 - Administrative continuance

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Administrative continuance provisions shall apply to all VWP permits.
B. When the permittee has submitted a timely
				  and complete application for reissuance of an existing VWP individual permit,
				  but through no fault of the permittee, the department does not reissue or
				  reissue with conditions a VWP individual permit or the department does not
				  provide notice of its tentative decision to deny the application before an
				  existing VWP individual permit expires, the conditions of the expiring VWP
				  individual permit shall be administratively continued in full force and effect
				  until the effective date of a reissued permit or the date on which the
				  department denies the application. Complete application requirements for a VWP
				  individual permit are located in
				  9VAC25-210-80
				  and
				  9VAC25-210-340.
				  Timely application shall be a minimum of 180 days for an individual permit or a
				  minimum of 270 days for an individual permit for a surface water withdrawal,
				  unless otherwise specified in the existing permit.
C. Administrative continuance of a specific
				  VWP general permit shall be in accordance with the corresponding VWP general
				  permit regulation.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 401 of the Clean Water Act (33 USC §
													1251 et
						seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - VWP Permit Program Definitions, Exclusions, Prohibitions and Requirements › Section 9VAC25-210-70 - Effect of a VWP permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. As to
				  the permitted activity, compliance with a VWP permit constitutes compliance
				  with the VWP permit requirements of the Law and regulations.
B. The issuance of a VWP permit does not
				  convey any property rights in either real or personal property, or any
				  exclusive privileges, nor does it authorize injury to private property or any
				  invasion of personal rights or any infringement of federal, state, or local
				  laws or regulations.
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
						§ 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - VWP Permit Application and Development › Section 9VAC25-210-75

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
						§ 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - VWP Permit Application and Development › Section 9VAC25-210-90 - Conditions applicable to all VWP permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Duty to
				  comply. The permittee shall comply with all conditions and limitations of the
				  VWP permit. Nothing in this chapter shall be construed to relieve the permittee
				  of the duty to comply with all applicable federal and state statutes,
				  regulations, toxic standards, and prohibitions. Any VWP permit violation or
				  noncompliance is a violation of the Clean Water Act and State Water Control Law
				  and is grounds for enforcement action, VWP permit termination, VWP permit
				  revocation, VWP permit modification, or denial of an application for a VWP
				  permit extension or reissuance.
B.
				  Duty to cease or confine activity. It shall not be a defense for a permittee in
				  an enforcement action that it would have been necessary to halt or reduce the
				  activity for which a VWP permit has been granted in order to maintain
				  compliance with the conditions of the VWP permit.
C. Duty to mitigate. The permittee shall take
				  all reasonable steps to minimize or prevent any impacts in violation of the VWP
				  permit that may have a reasonable likelihood of adversely affecting human
				  health or the environment.
D.
				  Inspection and entry. Upon presentation of credentials, the permittee shall
				  allow the department or any duly authorized agent of the department, at
				  reasonable times and under reasonable circumstances, to conduct the actions
				  listed in this section. For the purpose of this section, the time for
				  inspection shall be deemed reasonable during regular business hours. Nothing
				  contained herein shall make an inspection time unreasonable during an
				  emergency.
1. Enter upon permittee's property,
				  public or private, and have access to, inspect and copy any records that must
				  be kept as part of the VWP permit conditions;
2. Inspect any facilities, operations or
				  practices (including monitoring and control equipment) regulated or required
				  under the VWP permit; and
3. Sample
				  or monitor any substance, parameter, or activity for the purpose of ensuring
				  compliance with the conditions of the VWP permit or as otherwise authorized by
				  law.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - VWP Permit Application and Development › Section 9VAC25-210-100 - Signatory requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Application.
				  Any application for a VWP permit under this chapter shall bear the applicant's
				  signature or the signature of a person acting in the applicant's behalf, with
				  the authority to bind the applicant. Electronic submittals containing the
				  original signature page, such as that contained in a scanned document file, are
				  acceptable.
B. Reports. All reports
				  required by VWP permits and other information requested by the department shall
				  be signed by:
1. One of the persons described
				  in subsection A of this section; or
2. A duly authorized representative of that
				  person. A person is a duly authorized representative only if:
a. The authorization is made in writing by a
				  person described in subsection A of this section; and
b. The authorization specifies either an
				  individual or a position having responsibility for the overall operation of the
				  regulated facility or activity, such as the position of plant manager,
				  superintendent, or position of equivalent responsibility. A duly authorized
				  representative may thus be either a named individual or any individual
				  occupying a named position.
c. If
				  an authorization is no longer accurate because a different individual or
				  position has responsibility for the overall operation of the facility, a new
				  authorization must be submitted to the department prior to or together with any
				  separate information, or applications to be signed by an authorized
				  representative.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - VWP Permit Application and Development › Section 9VAC25-210-110 - Establishing applicable standards, limitations, or other VWP permit conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A. In addition
				  to the conditions established in
				  9VAC25-210-90
				  and
				  9VAC25-210-100,
				  and for surface water withdrawals in
				  9VAC25-210-370,
				  each VWP permit shall include conditions meeting the requirements established
				  in this section where applicable.
B. Water quality standards and state
				  requirements. The VWP permit shall include requirements to comply with all
				  appropriate provisions of state laws and regulations.
C. Toxic pollutants.
1. Where the department finds that
				  appropriate limitations may not ensure compliance with the law or state water
				  quality standards the department shall require the permittee to follow a
				  program of biological or chemical toxics monitoring. The requirement may
				  include a VWP permit reopener to allow the imposition of toxicity reduction or
				  elimination measures determined to be necessary as a result of the department's
				  evaluation of the results of the toxic monitoring and other available
				  information. Based upon this determination, appropriate limitations will be
				  included in the VWP permit to ensure the reduction or elimination of toxic
				  pollutants and allow the department to ensure that the proposed project will
				  comply with water quality standards and other appropriate requirements of the
				  law.
2. Limitations will be
				  included in the VWP permit to control all toxic pollutants which the department
				  determines (based on information reported in a VWP permit application or a
				  notification or on other information) are or may be discharged at a level which
				  would adversely affect the beneficial use of the receiving waters.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - VWP Permit Application and Development › Section 9VAC25-210-115

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
						§ 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - VWP Permit Application and Development › Section 9VAC25-210-116 - Compensation

Current through Register Vol. 40, No. 24, July 15, 2024
A. No net loss.
				  Compensatory mitigation for project impacts shall be sufficient to achieve no
				  net loss of existing wetland acreage and no net loss of functions in all
				  surface waters. Compensatory mitigation ratios appropriate for the type of
				  aquatic resource impacted and the type of compensation provided shall be
				  applied to permitted impacts to help meet this requirement. Credit may be given
				  for preservation of upland buffers already protected under other ordinances to
				  the extent that additional protection and water quality and fish and wildlife
				  resource benefits are provided.
B.
				  Practicable and ecologically and environmentally preferable compensation
				  alternatives.
1. An analysis shall be
				  required to justify that permittee-responsible compensatory mitigation is
				  ecologically and environmentally preferable to the purchase of mitigation bank
				  credits or in-lieu fee program credits with a primary service area that covers
				  the impact site if such credits are available in sufficient quantity for the
				  project at the projected time of need. The analysis shall address the ability
				  of the permittee-responsible compensatory mitigation sites to replace lost
				  wetland acreage and functions or lost stream functions and water quality
				  benefits. The analysis comparing the impacted and compensation sites may use a
				  method that assesses water quality or habitat metrics, such as that required by
				  9VAC25-210-80 C, or a method that
				  assesses such criteria as water quality benefits, distance from impacts,
				  hydrologic source and regime, watershed, vegetation type, soils,
				  constructability, timing of compensation versus impact, property acquisition,
				  and cost.
2. The applicant shall
				  demonstrate that permittee-responsible compensatory mitigation can be protected
				  in perpetuity through a protective mechanism approved by the Department of
				  Environmental Quality, such as, but not limited to, a conservation easement
				  held by a third party in accordance with the Virginia Conservation Easement Act
				  (§
											10.1-1009 et seq. of the Code of
				  Virginia) or the Virginia Open-Space Act (§
											10.1-1700 et seq. of the Code of
				  Virginia), a duly recorded declaration of restrictive covenants, or other
				  protective instrument.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - VWP Permit Application and Development › Section 9VAC25-210-120 - Draft VWP permit formulation

Current through Register Vol. 40, No. 24, July 15, 2024
A. After
				  evaluation of a complete application, the department shall make a decision to
				  tentatively issue or deny the VWP permit pursuant to this section.
B. If the tentative decision is to issue the
				  VWP permit then a draft VWP permit shall be prepared in advance of public
				  notice. The following tentative determinations shall be incorporated into a
				  draft VWP permit:
1. Conditions, discharge
				  limitations, standards and other requirements applicable to the VWP
				  permit;
2. Monitoring requirements;
				  and
3. Requirements for mitigation
				  of adverse environmental impacts.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - VWP Permit Application and Development › Section 9VAC25-210-130 - VWP general permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board may
				  issue VWP general permits by regulation for certain specified categories of
				  activities as it deems appropriate, except as limited by subdivision D 2 of
				  § 62.1-44.15:21 of the State Water Control Law.
B. When the department determines on a
				  case-by-case basis that concerns for water quality and the aquatic environment
				  so indicate, the department may require individual applications and VWP
				  individual permits rather than approving coverage under a VWP general permit
				  regulation. Cases where an individual VWP permit may be required include the
				  following:
1. Where the activity may be a
				  significant contributor to pollution;
2. Where the applicant or permittee is not in
				  compliance with the conditions of the VWP general permit regulation or
				  coverage;
3. When an applicant or
				  permittee no longer qualifies for coverage under the VWP general permit;
				  and
4. When a permittee operating
				  under VWP general permit coverage requests to be excluded from coverage by
				  applying for a VWP individual permit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Public Involvement › Section 9VAC25-210-140 - Public notice of VWP individual permit actions and public comment periods

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every draft
				  VWP individual permit, with the exception of a VWP Emergency Virginia Water
				  Protection Permit, shall be given public notice paid for by the applicant, by
				  publication once in a newspaper of general circulation in the area affected by
				  the proposed activity. The public notice must be published within 14 days of
				  the applicant's receipt of a draft VWP permit, or the 120-day VWP permit
				  processing timeframe will be suspended until such publication.
B. The department shall provide a comment
				  period of at least 30 days following the date of the public notice for
				  interested persons to submit written comments on the tentative decision and to
				  request a public hearing on the VWP permit. All written comments submitted
				  during the comment period shall be retained by the department and considered
				  during its final decision on the VWP permit.
C. The contents of the public notice for a
				  VWP permit application or proposed VWP permit action shall include:
1. Name and mailing address of the
				  applicant;
2. The permit
				  application number;
3. Project
				  location. If the location of the activity differs from the address of the
				  applicant the notice shall also state the location in sufficient detail such
				  that the specific location may be easily identified;
4. Brief description of the business or
				  activity to be conducted at the site of the proposed activity;
5. Description of the area affected.
				  Information on the number of acres of wetlands and the number of linear feet of
				  streams affected, as well as the name of the receiving waterway and the name of
				  the affected watershed should be included;
6. Description of what the applicant plans to
				  do to compensate for the affected area;
7. A statement of the tentative determination
				  to issue or deny a VWP permit;
8. A
				  brief description of the final determination procedure;
9. The address, email address and phone
				  number of a specific person or persons at the state office from whom further
				  information may be obtained; and
10. A brief description on how to submit
				  comments and request a public hearing.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Public Involvement › Section 9VAC25-210-150 - Public access to information

Current through Register Vol. 40, No. 24, July 15, 2024
All information (i) pertaining to VWP permit or VWP general
					 permit coverage processing or (ii) in reference to any activity requiring a VWP
					 permit or VWP general permit coverage under this chapter shall be available to
					 the public, unless prohibited by § 62.1-44.21 of the Code of Virginia. All
					 information claimed confidential must be identified as such at the time of
					 submission to the department and the Virginia Marine Resources
					 Commission.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 401 of the Clean Water Act (33 USC §
													1251 et
						seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Public Involvement › Section 9VAC25-210-165 - Criteria for requesting and granting a public hearing on an individual permit action

Current through Register Vol. 40, No. 24, July 15, 2024
A. During the
				  public comment period on a permit action in those instances where a public
				  hearing is not mandatory under state or federal law or regulation, interested
				  persons may request a public hearing to contest the action or terms and
				  conditions of the permit.
B.
				  Requests for a public hearing shall contain the following information:
1. The name and postal mailing or email
				  address of the requester;
2. The
				  names and addresses of all persons for whom the requester is acting as a
				  representative;
3. The reason for
				  the request for a public hearing;
4. A brief, informal statement setting forth
				  the factual nature and extent of the interest of the requester or of the
				  persons for whom the requester is acting as representative in the application
				  or tentative determination, including an explanation of how and to what extent
				  such interest would be directly and adversely affected by the issuance, denial,
				  modification, or revocation of the permit in question; and
5. Where possible, specific references to the
				  terms and the conditions of the permit in question, together with suggested
				  revisions and alterations to those terms and conditions that the requester
				  considers are needed to conform the permit to the intent and provisions of the
				  basic laws of the State Water Control Board.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Public Involvement › Section 9VAC25-210-160 - Public comments and hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department shall consider all written comments and requests for a public
				  hearing received during the VWP individual permit comment period and shall make
				  a determination on the necessity of a public hearing in accordance with
				  9VAC25-210-165. All proceedings, public hearings and decisions from it will be
				  in accordance with 9VAC25-210-165.
B. Should the department determine to
				  dispense with the public hearing, it may grant the VWP individual permit
				  .
C. Any applicant or permittee
				  aggrieved by an action of the board taken without a public hearing, or inaction
				  of the department, may request in writing a hearing pursuant to
				  9VAC25-210-165.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 401 of the Clean Water Act (33 USC §
													1251 et
						seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Public Involvement › Section 9VAC25-210-170 - Public notice of hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. Public notice
				  of any public hearing held pursuant to
				  9VAC25-210-160
				  and 9VAC25-210-165 shall be circulated as follows:
1. Notice shall be published once in a
				  newspaper of general circulation in the county or city where the activity is to
				  occur; and
2. Notice of the public
				  hearing shall be sent to all persons and government agencies that received a
				  copy of the notice of VWP permit application and to those persons requesting a
				  public hearing or having commented in response to the public notice.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - VWP Permit Modification, Revocation and Reissuance, Transfer, Termination and Denial › Section 9VAC25-210-172 - Controversial Permits

Current through Register Vol. 40, No. 24, July 15, 2024
Before rendering a final decision on a controversial
					 permit, the department shall publish a summary of public comments received
					 during the applicable public comment period and public hearing. After such
					 publication, the department shall publish responses to the public comment
					 summary and hold a public hearing to provide an opportunity for individuals who
					 previously commented, either at a public hearing or in writing during the
					 applicable public comment period, to respond to the department's public comment
					 summary and response. No new information will be accepted at that time. In
					 making its decision, the department shall consider (i) the verbal and written
					 comments received during the comment period and the public hearing made part of
					 the record, (ii) any commentary of the board, and (iii) the agency
					 files.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 401 of the Clean Water Act (33 USC §
													1251 et
						seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - VWP Permit Modification, Revocation and Reissuance, Transfer, Termination and Denial › Section 9VAC25-210-174 - Controversial permits reporting

Current through Register Vol. 40, No. 24, July 15, 2024
At each regular meeting of the board, the department shall
					 provide an overview and update regarding any controversial permits pending
					 before the department that are relevant. Immediately after such presentation by
					 the department, the board shall have an opportunity to respond to the
					 department's presentation and provide commentary regarding such pending
					 permits.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 401 of the Clean Water Act (33 USC §
													1251 et
						seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - VWP Permit Modification, Revocation and Reissuance, Transfer, Termination and Denial › Section 9VAC25-210-175

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
						§ 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - VWP Permit Modification, Revocation and Reissuance, Transfer, Termination and Denial › Section 9VAC25-210-180 - Rules for modification, revocation and reissuance, extension, transfer, and termination of VWP individual permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. VWP
				  individual permits may be modified in whole or in part, revoked and reissued,
				  extended, transferred, or terminated only as authorized by this
				  section.
B. VWP permits may be
				  modified upon the request of the permittee or upon department initiative when
				  any of the following developments occur:
1.
				  When new information becomes available about the project or activity covered by
				  the VWP permit, including project additions or alterations, that was not
				  available at VWP permit issuance and would have justified the application of
				  different VWP permit conditions at the time of VWP permit issuance;
2. When a change is made in the promulgated
				  standards or regulations on which the VWP permit was based;
3. When changes occur that are subject to
				  "reopener clauses" in the VWP permit; or
4. When developments applicable to surface
				  water withdrawals as specified in
				  9VAC25-210-380
				  occur.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - VWP Permit Modification, Revocation and Reissuance, Transfer, Termination and Denial › Section 9VAC25-210-185 - Duration of VWP individual permits

Current through Register Vol. 40, No. 24, July 15, 2024
VWP permits issued under this chapter shall have an
					 effective date and expiration date specified in the permit. The permit term
					 shall be based upon the projected duration of the project, the length of any
					 required monitoring, or other project operations or VWP permit conditions;
					 however, the term shall not exceed 15 years, unless administratively continued.
					 When a permit term, other than that of an Emergency Virginia Water Protection
					 Permit, is less than 15 years, an extension of the permit terms and conditions
					 may be granted in accordance with
					 9VAC25-210-180. Emergency Virginia
					 Water Protection Permits shall not exceed a duration of one year or shall
					 expire upon the issuance of a regular Virginia Water Protection Permit,
					 whichever comes first.
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
						§ 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - VWP Permit Modification, Revocation and Reissuance, Transfer, Termination and Denial › Section 9VAC25-210-190

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - VWP Permit Modification, Revocation and Reissuance, Transfer, Termination and Denial › Section 9VAC25-210-200

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - VWP Permit Modification, Revocation and Reissuance, Transfer, Termination and Denial › Section 9VAC25-210-210

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - VWP Permit Modification, Revocation and Reissuance, Transfer, Termination and Denial › Section 9VAC25-210-220 - Waiver of VWP permit or Section 401 certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department may waive permitting requirements when the department determines
				  that a proposed project impacts an isolated wetland that is of minimal
				  ecological value as defined in
				  9VAC25-210-10. Upon
				  request by the department, any person claiming this waiver shall demonstrate to
				  the satisfaction of the department that he qualifies for the waiver.
B. The department may waive the requirement
				  for a VWP individual permit when the proposed activity qualifies for a permit
				  issued by the U.S. Army Corps of Engineers and receives a permit from the
				  Virginia Marine Resources Commission or wetlands boards, pursuant to Chapter 12
				  (§ 28.2-1200 et seq.) or Chapter 13 (§ 28.2-1300 et seq.) of Title
				  28.2 of the Code of Virginia, and the activity does not impact instream
				  flows.
C. The department shall not
				  require coverage under a VWP general permit or a VWP individual permit when the
				  proposed activity meets the exclusion set forth in subdivision 10 a of
				  9VAC25-210-60
				  regardless of the issuance of a permit by the U.S. Army Corps of
				  Engineers.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 401 of the Clean Water Act (33 USC §
													1251 et
						seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - VWP Permit Modification, Revocation and Reissuance, Transfer, Termination and Denial › Section 9VAC25-210-230 - Denial of the VWP permit or variance request

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department shall make a decision to tentatively deny the VWP permit or variance
				  request if the requirements of this chapter are not met. Basis for denial
				  include, but are not limited to, the following:
1. The project will result in violations of
				  water quality standards or will impair the beneficial uses of state
				  waters.
2. As a result of project
				  implementation, shellfish waters would be condemned in accordance with
				  9VAC25-260.
3. The project that the
				  applicant proposed fails to adequately avoid and minimize impacts to state
				  waters to the maximum extent practicable.
4. The proposed compensatory mitigation plan
				  is insufficient or unsatisfactory for the proposed impacts and fails to achieve
				  no net loss of existing wetland acreage and function and no net loss of
				  functions in all surface waters.
5.
				  The Department of Wildlife Resources indicates that natural or stockable trout
				  waters would be permanently and negatively impacted by the proposed
				  activity.
6. The proposed activity
				  is prohibited by
				  9VAC25-210-50.
7. The effect of project impacts, together
				  with other existing or proposed impacts to wetlands, will cause or contribute
				  to a significant impairment of state waters or fish and wildlife
				  resources.
8. Failure to submit the
				  required permit fee in accordance with
				  9VAC25-210-80
				  B1g or
				  9VAC25-210-340
				  C1g.
9. The department determines
				  that the applicant for an Emergency Virginia Water Protection Permit has not
				  demonstrated that there is a substantial threat to public health and safety,
				  and that normal Virginia Water Protection Permit procedures, including public
				  comment provisions, should be followed.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - VWP Permit Modification, Revocation and Reissuance, Transfer, Termination and Denial › Section 9VAC25-210-240

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
						§ 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - VWP Permit Modification, Revocation and Reissuance, Transfer, Termination and Denial › Section 9VAC25-210-250

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
						§ 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - VWP Permit Modification, Revocation and Reissuance, Transfer, Termination and Denial › Section 9VAC25-210-260

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
						§ 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Surface Water Withdrawals › Section 9VAC25-210-330 - Coordinated review with the Virginia Marine Resources Commission on applications for surface water withdrawals

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Department of Environmental Quality
				  shall coordinate the review of an application for surface water withdrawals
				  that also requires a Virginia Marine Resources Commission (VMRC) permit under
				  Chapter 12 (§ 28.2-1200 et seq.) of Title 28.2 of the Code of Virginia
				  with the VMRC in accordance with § 62.1-44.15:5.01 of the Code of
				  Virginia.
B. The initial
				  application for surface water withdrawals that requires both an individual
				  Virginia Water Protection Permit and a VMRC permit shall be advertised
				  concurrently by DEQ and VMRC. When appropriate, such advertisement may be in
				  the form of a joint public notice of the application, prepared by VMRC with the
				  assistance of DEQ, published once in a newspaper of general circulation in the
				  area affected by the proposed activity in accordance with VMRC regulations and
				  policy. Such advertising shall be paid for by the applicant.
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
						§ 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Surface Water Withdrawals › Section 9VAC25-210-350 - Duty to reapply for a permit for a continuation of a surface water withdrawal

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any permittee
				  with an effective permit for a surface water withdrawal shall submit a new
				  permit application at least 270 days before the expiration date of an effective
				  permit, unless permission for a later date has been granted by the department.
				  The Department of Environmental Quality may administratively continue an
				  expiring permit in accordance with
				  9VAC25-210-65.
B. The applicant shall provide all
				  information described in
				  9VAC25-210-340
				  and applicable portions of
				  9VAC25-210-80
				  for any reapplication. The information may be provided by referencing
				  information previously submitted to the department that remains accurate and
				  relevant to the permit application. The department may waive any requirement of
				  9VAC25-210-340
				  and the applicable portions of
				  9VAC25-210-80
				  B, if it has access to substantially identical information.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 401 of the Clean Water Act (33 USC §
													1251 et
						seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Surface Water Withdrawals › Section 9VAC25-210-360 - Evaluation of project alternatives for surface water withdrawals

Current through Register Vol. 40, No. 24, July 15, 2024
The applicant shall demonstrate to the satisfaction of the
					 department that the project meets an established need for water to meet the
					 project purpose. In establishing need, the applicant shall provide the
					 following information:
1. Existing
				  supply sources, yields, and demands, including:
a. Peak day and average daily
				  withdrawal;
b. The public water
				  supply safe yield and lowest daily flow of record;
c. Types of water uses; and
d. Existing water conservation measures and
				  drought response plan, including what conditions trigger their
				  implementation.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Surface Water Withdrawals › Section 9VAC25-210-370 - VWP permit conditions applicable to surface water withdrawal permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. In addition
				  to the conditions established in
				  9VAC25-210-90
				  and
				  9VAC25-210-100,
				  each VWP permit shall include conditions meeting the requirements established
				  in this section, where applicable.
B. Instream flow conditions. Subject to the
				  provisions of Chapter 24 (§ 62.1-242 et seq.) of Title 62.1 of the Code of
				  Virginia, and subject to the authority of the State Corporation Commission over
				  hydroelectric facilities contained in Chapter 7 (§ 62.1-80 et seq.) of
				  Title 62.1 of the Code of Virginia, instream flow conditions may include, but
				  are not limited to, conditions that limit the volume and rate at which surface
				  water may be withdrawn at certain times, the public water supply safe yield,
				  and conditions that require water conservation and reductions in water use.
1. In the development of conditions that
				  limit the volume and rate at which surface water may be withdrawn,
				  consideration shall be given to the seasonal needs of water users and the
				  seasonal availability of surface water flow.
2. Consideration shall also be given to the
				  affected stream reach and the amount of water that is put to a consumptive use
				  in the process.
3. In the
				  development of instream flow conditions for new withdrawals, the department
				  shall take into consideration the combined effect on the hydrologic regime of
				  the surface water within an affected stream reach due to consumptive water uses
				  associated with:
a. All existing permitted
				  withdrawals;
b. The total amount of
				  withdrawals excluded from VWP permit requirements; and
c. Any other existing lawful
				  withdrawals.
4. VWP
				  permits for surface water withdrawals, other than for public water supply,
				  shall identify how alternate sources of water supply will be made available to
				  support the operation of the permitted facility during times when surface water
				  withdrawals will be curtailed due to instream flow requirements or shall
				  provide for modification of the operation of the facility to ensure compliance
				  with permit conditions. Such modifications may include, but are not limited to,
				  termination or reduction of activities at the facility that are dependent on
				  the permitted withdrawal, increase capacity to capture and store higher flows,
				  or implementation of other potential management options.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Surface Water Withdrawals › Section 9VAC25-210-380 - Modifications to surface water withdrawal permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. In addition
				  to the requirements of
				  9VAC25-210-180
				  B, VWP permits for surface water withdrawals may be modified when any of the
				  following developments occur:
1. When the
				  department determines that minimum instream flow levels resulting directly from
				  the permittee's withdrawal of surface water are detrimental to the instream
				  beneficial use, existing at the time of permit issuance, and the withdrawal of
				  surface water should be subject to further net limitations or when an area is
				  declared a surface water management area pursuant to §§ 62.1-242
				  through 62.1-253 of the Code of Virginia, during the term of the VWP
				  permit.
2. Significant changes to
				  the location of the surface water withdrawal system are proposed such that the
				  Department of Environmental Quality determines a new review is warranted due to
				  the potential effect of the surface water withdrawal to existing beneficial
				  uses of the new location.
3.
				  Changes to the permitted project or the surface water withdrawal, including
				  increasing the storage capacity for the surface water withdrawal, that propose
				  an increase in the maximum permitted withdrawal volumes or rate of withdrawal
				  or that cause more than a minimal change to the instream flow requirements with
				  potential to result in a detrimental effect to existing beneficial
				  uses.
4. A revision to the purpose
				  of the surface water withdrawal that proposes to include a new use or uses that
				  were not identified in the permit application or a modification of the existing
				  authorized use or uses such that the use description in the permit application
				  and permit is no longer applicable. Examples of uses include, but are not
				  limited to agricultural irrigation, golf course irrigation, public water
				  supply, manufacturing, and electricity generation.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Surface Water Withdrawals › Section 9VAC25-210-390 - Variance from surface water withdrawal permit conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A. For public
				  water supplies. The department may grant a temporary variance to any condition
				  of a VWP permit for a surface water withdrawal for a public water supply to
				  address a public water supply emergency during a drought. A permittee
				  requesting such variance must provide all information required in the
				  application for an Emergency Virginia Water Protection Permit identified in
				  9VAC25-210-340
				  C.
B. For all other water supplies.
				  The department may grant a temporary variance to any condition of a VWP permit
				  for a surface water withdrawal during a drought. A permittee requesting such
				  variance must affirmatively demonstrate:
1.
				  Public health and safety interests are served by the issuance of such variance;
				  and
2. All management actions
				  consistent with existing permits have been exhausted.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Enforcement › Section 9VAC25-210-500 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
The department may enforce the provisions of this chapter
					 utilizing all applicable procedures under the law and § 10.1-1186 of the
					 Code of Virginia.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 401 of the Clean Water Act (33 USC §
													1251 et
						seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Enforcement › Form - FORMS (9VAC25-210)

Current through Register Vol. 40, No. 24, July 15, 2024
Permit Application Fee Form (eff. 7/04).
Standard Joint Permit Application for Activities in Waters
					 and Wetlands of the Commonwealth of Virginia (eff. 07/08).
Joint Permit Application for Projects in Tidewater Virginia
					 (eff. 10/04).
Virginia Department of Transportation, Joint Permit
					 Application, IACM Coordination Form (eff. 6/08).
Monthly Reporting of Impacts Less than One-Tenth Acre
					 Statewide (eff. 8/07).
DEQ Application for New or Expanded Minor Surface Water
					 Withdrawals Initiated On or After July 25, 2007.