Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 790 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - Procedural Regulations › Article 2 - Procedures › Section 9VAC25-790-240 - Compliance with Part III (9VAC25-790-310 et seq.-Manual of Practice) of this chapter

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 design guidelines set forth in Part III (9VAC25-790-310 et seq.) of this
					 chapter specify general criteria and minimum standards for the design and
					 construction of sewerage systems and treatment works and are not intended to be
					 used as a substitute for engineering experience and judgment used in accordance
					 with standards of practice.
B.
					 Additional standards. The director may impose standards and requirements which
					 are more stringent than those contained in Part III of this chapter when
					 required for critical areas or special conditions. Any such special standards
					 and requirements including those associated with a State Revolving Loan program
					 shall take precedence over the criteria in Part III of this chapter and will be
					 items that warrant careful consideration at the preliminary engineering
					 conference referenced in this chapter. Designs submitted for sewerage systems
					 or treatment works must demonstrate that the system or works will adequately
					 safeguard public health and welfare and will comply with the CTO and VPDES or
					 VPA permit requirements, as appropriate.
C. Substantial compliance. Submissions that
					 are in substantial compliance with Part III (9VAC25-790-310 et seq.) of this
					 chapter or additional requirements of the department as noted above will be
					 approved. Justification for a design may be required for those portions of the
					 submitted design which differ from these criteria. The design engineer shall
					 identify and justify noncompliance with specific design standards or "shall"
					 criteria that the department identifies, or that the design engineer, in his
					 judgment, believes to be substantial in nature. The department may request
					 changes in designs that are not in substantial compliance with Part III of this
					 chapter and that are not adequately justified by the engineer/owner.
D. Exceptions. Compliance with Part III of
					 this chapter will not be required for sewerage systems or treatment works that
					 have received the approval of the Virginia Department of Health and the board
					 and on which modifications and construction have been commenced prior to
					 February 27, 2002, or January 1, 2008, for biosolids use facilities.
					 Construction or modification of sewerage systems or treatment works is deemed
					 to be commenced for purposes of this chapter upon receipt of complete final
					 engineering documents by the area engineer. The fact that significant work was
					 accomplished on a specific project prior to adoption of this chapter and
					 standards contained in this chapter shall be a consideration when evaluating
					 applications.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.