reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 20 - FEES FOR PERMITS AND CERTIFICATES › Part II - Payment, Deposits, and Use of Fees › Section 9VAC25-20-90 - Deposit and use of fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Sludge
				  Management Fund. All land application fees collected from permit holders who
				  land apply biosolids or industrial residuals in the Commonwealth of Virginia,
				  and fees collected from permit holders and persons applying for permits and
				  permit modifications pursuant to § 62.1-44.19:3 of the Code of Virginia
				  shall be deposited into the Sludge Management Fund established by, and used and
				  accounted for as specified in §§ 62.1-44.16 and 62.1-44.19:3 of the
				  Code of Virginia. Payments to the Department of Conservation and Recreation for
				  their costs related to implementation of the biosolids land application program
				  and to localities with duly adopted ordinances providing for the testing and
				  monitoring of the land application of biosolids or industrial residuals will be
				  made from this fund. Fees collected shall be exempt from statewide indirect
				  costs charged and collected by the Department of Accounts and shall not
				  supplant or reduce the general fund appropriation to the department.
B. State Water Control Board Permit Program
				  Fund. All fees collected in response to this chapter and not deposited into the
				  Sludge Management Fund shall be deposited into the State Water Control Board
				  Permit Program Fund established by, and used and accounted for as specified in
				  § 62.1-44.15:7 of the Code of Virginia. Payment to the Departments of
				  Conservation and Recreation and Game and Inland Fisheries for permit
				  applications they are required under state law to review will be made from this
				  fund. Fees collected shall be exempt from statewide indirect costs charged and
				  collected by the Department of Accounts.
Statutory Authority: § 62.1-44.15:6 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 20 - FEES FOR PERMITS AND CERTIFICATES › Part III - Determination of Fee Amount › Section 9VAC25-20-100 - General

Current through Register Vol. 40, No. 24, July 15, 2024
Each application for a new permit, permit authorization or
					 certificate, each application for reissuance of a permit, permit authorization
					 or certificate, each application for major modification of a permit, permit
					 authorization or certificate, each revocation and reissuance of a permit,
					 permit authorization or certificate, and each application of a dry ton of
					 biosolids or industrial residuals is a separate action and shall be assessed a
					 separate fee, as applicable. The fees for each type of permit, permit
					 authorization or certificate that the board or department has the authority to
					 issue, reissue or modify will be as specified in this part.
Statutory Authority: §§ 62.1-44.15:6,
						62.1-44.16, and 62.1-44.19:3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 20 - FEES FOR PERMITS AND CERTIFICATES › Part III - Determination of Fee Amount › Section 9VAC25-20-130 - Fees for filing registration statements or applications for general permits issued by the board

Current through Register Vol. 40, No. 24, July 15, 2024
The following fees apply to filing of applications or
					 registration statements for all general permits issued by the board,
					 except:
1. The fee for filing a
				  registration statement for coverage under 9VAC25-110 (General VPDES Permit for
				  Domestic Sewage Discharges of Less Than or Equal to 1,000 GPD) is $0.
2. The fee for filing a registration
				  statement for coverage under 9VAC25-120 (General VPDES Permit Regulation for
				  Discharges from Petroleum Contaminated Sites) is $0.
3. The fee for filing an application or
				  registration statement for coverage under a VWP General Permit issued by the
				  board shall be:
VWP General/Less Than 4,356 sq. ft. (1/10 acre) of
								Surface Water Impact (Wetlands, Streams and/or Open Water)
$0
VWP General/4,356 sq. ft. to 21,780 sq. ft. (1/10
								acre to 1/2 acre) of Surface Water Impact (Wetlands, Streams and/or Open
								Water)
$600
VWP General/21,781 sq. ft. to 43,560 sq. ft.
								(greater than 1/2 acre to one acre) of Surface Water Impact (Wetlands, Streams
								and/or Open Water)
$1,200
VWP General/43,561 sq. ft. to 87,120 sq. ft.
								(greater than one acre to two acres) of Surface Water Impact (Wetlands, Streams
								and/or Open Water)
$1,200 plus $120 for each 4,356 sq. ft. (1/10 acre)
								(or portion thereof) of incremental impact over 43,560 sq. ft. (one acre)
								($2,400 maximum)
VWP General/Minimum Instream Flow/Reservoir - Water
								withdrawals and/or pond construction
$2,400
4.
				  The fee for filing a registration statement for coverage under a VPDES general
				  permit issued as a regulation adopted by the board or an industrial stormwater
				  permit issued by the department shall be $500.
5. Except as specified in subdivisions 1, 2,
				  3 and 4 of this section, the fee for filing an application or registration
				  statement for coverage under any general permit issued by the board shall be
				  $600.
Statutory Authority: §§ 62.1-44.15:6,
						62.1-44.16, and 62.1-44.19:3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 20 - FEES FOR PERMITS AND CERTIFICATES › Part III - Determination of Fee Amount › Section 9VAC25-20-145 - Discounted permit maintenance fees for Environmental Excellence Program participants

Current through Register Vol. 40, No. 24, July 15, 2024
A. The term
				  "Virginia Environmental Excellence Program" (VEEP) means a voluntary program
				  established by the department to provide public recognition and regulatory
				  incentives to encourage higher levels of environmental performance for program
				  participants that develop and implement Environmental Management Systems (EMS).
				  The program is based on the use of EMSs that improve compliance, prevent
				  pollution, and utilize other measures to improve environmental
				  performance.
B. Participants in the
				  VEEP shall be eligible for reduced annual permit maintenance fees. The VEEP
				  includes the Environmental Enterprise (E2) level of participation and the
				  Exemplary Environmental Enterprise (E3) level of participation.
C. Annual permit maintenance fee discounts
				  will not become effective until 2005. The availability of discounts to the
				  annual permit maintenance fees will be dependent upon acceptance and continued
				  participation in the VEEP.
D.
				  Eligibility for reduced annual permit maintenance fees shall be based upon the
				  department's review of the annual report that is required to be submitted by
				  the VEEP. The department shall review annual reports to verify that facilities
				  continue to meet VEEP criteria prior to offering discounted annual permit
				  maintenance fees.
1. The participant's annual
				  report must reflect activities occurring through December 31 and must satisfy
				  all reporting requirements established in the VEEP.
2. Annual reports must be received at the
				  department's central office by April 1 of the following year to be eligible for
				  a reduction of the annual permit maintenance fees.
3. The annual report must list all regulated
				  and permitted activities included within the scope of the facility's
				  Environmental Management System.
4.
				  A participant's level of participation will be evaluated as of December 31 of
				  each calendar year.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 20 - FEES FOR PERMITS AND CERTIFICATES › Part IV - Biosolids and Industrial Residuals Fees and Reimbursable Costs › Section 9VAC25-20-146 - Established fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Land appliers
				  shall remit the established fees to the department as specified in this
				  regulation. The land appliers shall collect the required fees from the owners
				  of the sewage treatment works and facilities that generate Class B biosolids
				  and exceptional quality biosolids cake that are land applied. The land appliers
				  shall collect the required fees from the owners of the industrial waste
				  treatment facilities and other facilities that generate the industrial
				  residuals that are land applied in localities that have adopted ordinances in
				  accordance with § 62.1-44.16 D of the Code of Virginia. Such works and
				  facilities shall be approved sources of biosolids or industrial residuals in
				  accordance with 9VAC25-31 or 9VAC25-32. Land application shall only include
				  biosolids or industrial residuals from approved sources as listed in the land
				  application permit. The established fee shall be imposed on each dry ton of
				  Class B biosolids and exceptional quality biosolids cake that is land applied
				  in the Commonwealth of Virginia in accordance with 9VAC25-31 or 9VAC25-32. The
				  established fee shall be imposed on each dry ton of industrial residuals that
				  is land applied in localities that have adopted ordinances in accordance with
				  § 62.1-44.16 D of the Code of Virginia.
B. The amount of the established fee and
				  disbursement are as follows:
1. The fee shall
				  be $7.50 per dry ton of Class B biosolids land applied in the Commonwealth of
				  Virginia.
2. The fee shall be $3.75
				  per dry ton of exceptional quality biosolids land applied as a cake in the
				  Commonwealth of Virginia.
3. The
				  fee shall be $5.00 per dry ton of industrial residuals land applied in
				  localities that have adopted ordinances in accordance with § 62.1-44.16 D
				  of the Code of Virginia.
4.
				  Disbursement of the established fees collected by the department for the land
				  application of biosolids or industrial residuals shall be made to reimburse or
				  partially reimburse those counties, cities and towns with duly adopted local
				  ordinances that submit documentation of reimbursable expenses acceptable to the
				  department as provided for in this regulation.
5. Disbursement of the established fees
				  collected by the department for the land application of biosolids shall be made
				  to reimburse the Department of Conservation and Recreation's costs for
				  implementation of the biosolids application program.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 20 - FEES FOR PERMITS AND CERTIFICATES › Part IV - Biosolids and Industrial Residuals Fees and Reimbursable Costs › Section 9VAC25-20-147 - Records and reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. Records.
				  Permittees shall maintain complete records of the land application activities
				  and amounts of Class B biosolids , exceptional quality biosolids cake, and
				  industrial residuals that they land apply in the Commonwealth of Virginia. Such
				  records shall be maintained by the permittee for five years after the date of
				  the activity in a form that is available for inspection by the department.
				  Records of land application activities shall include at minimum:
1. Name of permittee, DEQ permit number, and
				  dates of activity.
2.
				  Identification of land application site, including the DEQ control
				  number.
3. The source of Class B
				  biosolids, exceptional quality biosolids cake, or industrial residuals and the
				  field area receiving those biosolids or industrial residuals.
4. The amount of Class B biosolids,
				  exceptional quality biosolids cake, or industrial residuals applied in dry tons
				  and the method and calculations used to determine the reported value.
5. Name of responsible representative of
				  permittee and a statement signed and dated by that representative indicating
				  that the information submitted has been verified by that representative as
				  correctly reported in accordance with this regulation.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 20 - FEES FOR PERMITS AND CERTIFICATES › Part IV - Biosolids and Industrial Residuals Fees and Reimbursable Costs › Section 9VAC25-20-148 - Reimbursable local monitoring costs

Current through Register Vol. 40, No. 24, July 15, 2024
A. Reasonable expenses for the following
				  types of activities may be submitted for reimbursement:
1. Charges for reviewing the permit to
				  identify potential health and environmental protection issues upon notification
				  by the permittee that operations will be initiated on permitted
				  sites.
2. Charges and expenses,
				  including local travel for site monitoring, inspections, collection and
				  delivery of biosolids, industrial residuals, or soil samples to a nearby
				  laboratory and examination of records.
3. Charges for recordkeeping.
4. Charges for complaint and incident
				  response.
5. Charges for biosolids,
				  industrial residuals, and soil sample testing costs.
6. Charges for the training of local
				  monitors.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 20 - FEES FOR PERMITS AND CERTIFICATES › Part IV - Biosolids and Industrial Residuals Fees and Reimbursable Costs › Section 9VAC25-20-149 - Reimbursement of local monitoring costs

Current through Register Vol. 40, No. 24, July 15, 2024
A. Reimbursement of local monitoring costs
				  deemed reasonable by the department will be made for costs up to $2.50 per dry
				  ton of biosolids or industrial residuals land applied in a county during the
				  period of time specified in the submitted invoice. Costs of up to $4.00 per dry
				  ton of biosolids or industrial residuals land applied in a county during the
				  period of time that the costs were incurred may be reimbursed with prior
				  approval from the department.
B.
				  Application. A local government must submit a reimbursement application to
				  request reimbursement from the department. All information shall be clearly
				  typed or printed and all required or supporting documents must be attached. The
				  county administrator or designated local monitor shall sign and date the
				  application where indicated. The original signed application with one copy of
				  each of the supporting documents shall be submitted to the department.
				  Applications may not be submitted by facsimile or through electronic means. A
				  reimbursement invoice form as described in this regulation must be completed
				  before a reimbursement application can be submitted. The invoice form must
				  include all expenses for which reimbursement is requested during the designated
				  time period.
C. Application forms
				  and submittal. The application for reimbursement must be submitted within 30
				  days of the last day of the month in which the reimbursable activity occurred.
				  All applications received after this time frame will be ineligible for
				  reimbursement. The following is a description of the application forms and an
				  explanation of their use. The application forms and detailed instructions can
				  be obtained from the department.
1. Form 1 -
				  Reimbursement Application. An invoice form shall be submitted with each
				  application for reimbursement. The invoice form shall list all reimbursable
				  charges. To be reimbursed for eligible expenses, an applicant must provide
				  documentation to demonstrate that the expenses were incurred. Invoices are
				  acceptable proof of incurred expenses. Invoices signed by the local monitor or
				  agent who performed or managed the monitoring activities shall be legible. All
				  invoices are to include the following:
a. DEQ
				  permit number and site identification;
b. DEQ control number for application
				  fields;
c. Land applier's
				  name;
d. Date and type of activity
				  monitored;
e. Name of local
				  monitor;
f. Number of hours to be
				  reimbursed and charge per hour;
g.
				  List of expenses for which reimbursement is sought; and
h. Type of sampling activity performed and
				  associated laboratory expense vouchers.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 20 - FEES FOR PERMITS AND CERTIFICATES › Part IV - Biosolids and Industrial Residuals Fees and Reimbursable Costs › Section 9VAC25-20-150

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62.1-44.15:6,
						62.1-44.16, and 62.1-44.19:3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 20 - FEES FOR PERMITS AND CERTIFICATES › Part IV - Biosolids and Industrial Residuals Fees and Reimbursable Costs › Form - FORMS (9VAC25-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Department
					 of Environmental Quality Water Division Permit Application Fee Form, Form 5
					 (rev. 10/2018)
Biosolids
					 Land Application Local Monitoring Expenses Reimbursement Invoice, Form 1 (rev.
					 6/2013)
Biosolids
					 Land Application Local Monitoring Expenses Multiple Owners Payment Assignment,
					 Form 2 (rev. 6/2013)
Biosolids
					 Land Application Fee Reimbursement Notice of Intent to Seek Reconsideration,
					 Form 3 (rev. 8/2007)
Biosolids
					 Land Application Fee Reimbursement Reconsideration Claim Form, Form 4 (rev.
					 8/2007)
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 30 - PERMIT REGULATION: VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) AND VIRGINIA POLLUTION ABATEMENT (VPA) PERMIT PROGRAM [REPEALED] › Section 9VAC25-30-10 to 9VAC25-30-550

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - Definitions and General Program Requirements › Section 9VAC25-31-15 - Permit rationale

Current through Register Vol. 40, No. 24, July 15, 2024
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, 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.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123,
						124, 403, and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - Definitions and General Program Requirements › Section 9VAC25-31-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter delineates the procedures and requirements to
					 be followed in connection with VPDES permits issued by the department or a
					 general permit issued as a regulation adopted by the board pursuant to the
					 Clean Water Act and the State Water Control Law.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123,
						124, 403, and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - Definitions and General Program Requirements › Section 9VAC25-31-25 - Applicability of incorporated references based on the dates that they became effective

Current through Register Vol. 40, No. 24, July 15, 2024
Except as noted, when a regulation of the U.S.
					 Environmental Protection Agency set forth in Title 40 of the Code of Federal
					 Regulations is referenced and incorporated in this chapter that regulation
					 shall be as it exists and has been published in the July 1, 2023,
					 update.
Statutory Authority: §
												62.1-44.15 of the Code of
						Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, 124, 403,
						and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - Definitions and General Program Requirements › Section 9VAC25-31-40 - Exclusions

Current through Register Vol. 40, No. 24, July 15, 2024
The following discharges do not require VPDES
					 permits:
1. Any discharge of sewage
				  from vessels, effluent from properly functioning marine engines, laundry,
				  shower, and galley sink wastes, or any other discharge incidental to the normal
				  operation of a vessel. This exclusion does not apply to rubbish, trash,
				  garbage, or other such materials discharged overboard; nor to other discharges
				  when the vessel is operating in a capacity other than as a means of
				  transportation such as when used as an energy or mining facility, a storage
				  facility or a seafood processing facility, or when secured to a storage
				  facility or a seafood processing facility, or when secured to the bed of the
				  ocean, contiguous zone or surface waters for the purpose of mineral or oil
				  exploration or development.
2.
				  Discharges of dredged or fill material into surface waters which are regulated
				  under § 404 of the CWA.
3. The
				  introduction of sewage, industrial wastes or other pollutants into publicly
				  owned treatment works by indirect dischargers. Plans or agreements to switch to
				  this method of disposal in the future do not relieve dischargers of the
				  obligation to have and comply with permits until all discharges of pollutants
				  to surface waters are eliminated. This exclusion does not apply to the
				  introduction of pollutants to privately owned treatment works or to other
				  discharges through pipes, sewers, or other conveyances owned by a state,
				  municipality, or other party not leading to treatment works.
4. Any discharge in compliance with the
				  instructions of an on-scene coordinator pursuant to 40 CFR Part 300 (The
				  National Oil and Hazardous Substances Pollution Contingency Plan) or 33 CFR
				  153.10(e) (Pollution by Oil and Hazardous Substances).
5. Any introduction of pollutants from
				  nonpoint source agricultural and silvicultural activities, including stormwater
				  run-off from orchards, cultivated crops, pastures, range lands, and forest
				  lands, but not discharges from concentrated animal feeding operations,
				  discharges from concentrated aquatic animal production facilities, discharges
				  to aquaculture projects, and discharges from silvicultural point
				  sources.
6. Return flows from
				  irrigated agriculture.
7.
				  Discharges into a privately owned treatment works, except as the board and
				  department may otherwise require.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123,
						124, 403, and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - Definitions and General Program Requirements › Section 9VAC25-31-50 - Prohibitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except in
				  compliance with a VPDES permit, or another permit, issued by the department or
				  a general permit issued as a regulation adopted by the board or other entity
				  authorized by the board or department, 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. Otherwise alter the
				  physical, chemical or biological properties of such state waters and make them
				  detrimental to the public health, or to animal or aquatic life, or to the use
				  of such waters for domestic or industrial consumption, or for recreation, or
				  for other uses; or
3. Discharge
				  stormwater into state waters from municipal separate storm sewer systems or
				  land disturbing activities.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - Definitions and General Program Requirements › Section 9VAC25-31-60 - Effect of a permit

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Compliance with a permit.
1. Except for any
				  toxic effluent standards and prohibitions imposed under § 307 of the CWA
				  and standards for biosolids use or sewage sludge disposal under § 405(d)
				  of the CWA, compliance with a permit during its term constitutes compliance,
				  for purposes of enforcement, with the law and with §§ 301, 302, 306,
				  307, 318, 403, and 405 (a) through (b) of the CWA. However, a permit may be
				  modified, revoked and reissued, or terminated during its term for cause as set
				  forth in this chapter.
2.
				  Compliance with a permit condition which implements a particular standard for
				  biosolids use or sewage sludge disposal shall be an affirmative defense in any
				  enforcement action brought for a violation of that standard for biosolids use
				  or sewage sludge disposal pursuant to the law and §§ 309 and 405(e)
				  of the CWA.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - Definitions and General Program Requirements › Section 9VAC25-31-70 - Continuation of expiring permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The permit
				  shall expire at the end of its term, except that the conditions of an expired
				  permit continue in force until the effective date of a new permit if:
1. The permittee has submitted a timely
				  application as required by this chapter, which is a complete application for a
				  new permit; and
2. The department,
				  through no fault of the permittee, does not issue a new permit or the board,
				  through no fault of the permittee, does not issue a new general permit as a
				  regulation adopted by the board with an effective date on or before the
				  expiration date of the previous permit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - Definitions and General Program Requirements › Section 9VAC25-31-80 - Confidentiality of information

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				  secret formula, secret processes, or secret methods other than effluent data
				  submitted to the department pursuant to this chapter may be claimed as
				  confidential by the submitter pursuant to § 62.1-44.21 of the Code of
				  Virginia. Any such claim must be asserted at the time of submission in the
				  manner prescribed on the application form or instructions or, in the case of
				  other submissions, by stamping the words "secret formulae," "secret processes"
				  "secret methods" on each page containing such information. If no claim is made
				  at the time of submission, the department may make the information available to
				  the public without further notice. If a claim is asserted, the information will
				  be treated in accordance with the procedures in the Virginia Freedom of
				  Information Act (§ 2.2-3700 and § 62.1-44.21 of the Code of
				  Virginia).
B. Claims of
				  confidentiality for the following information will be denied:
1. The name and address of any permit
				  applicant or permittee;
2. Permit
				  applications, permits, and effluent data.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - Definitions and General Program Requirements › Section 9VAC25-31-90 - Guidance documents

Current through Register Vol. 40, No. 24, July 15, 2024
The department may develop and use guidance, as
					 appropriate, to implement technical and regulatory details of the VPDES permit
					 program. Such guidance is distinguished from regulation by the fact that it is
					 not binding on either the department or permittees. If a more appropriate
					 methodology than that called for in guidance is available in a given situation,
					 the more appropriate methodology shall be used to the extent it is consistent
					 with applicable regulations and the State Water Control Law.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123,
						124, 403, and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Permit Applications and Special VPDES Permit Programs › Section 9VAC25-31-100 - Application for a permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. Duty to
				  apply. The following shall submit a complete application to the department in
				  accordance with this section. The requirements for concentrated animal feeding
				  operations are described in subdivisions C 1 and 2 of
				  9VAC25-31-130.
1. Any person who discharges or proposes to
				  discharge pollutants; and
2. Any
				  person who owns or operates a sludge-only facility whose biosolids use or
				  sewage sludge disposal practice is regulated by
				  9VAC25-31-420 through
				  9VAC25-31-720 and who does not have
				  an effective permit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Permit Applications and Special VPDES Permit Programs › Section 9VAC25-31-110 - Signatories to permit applications and reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. All permit
				  applications shall be signed as follows:
1.
				  For a corporation: by a responsible corporate officer. For the purpose of this
				  section, a responsible corporate officer means:
(i) a president, secretary, treasurer, or
				  vice-president of the corporation in charge of a principal business function,
				  or any other person who performs similar policy-making or decision-making
				  functions for the corporation, or
(ii) the manager of one or more
				  manufacturing, production, or operating facilities, provided the manager is
				  authorized to make management decisions that govern the operation of the
				  regulated facility, including having the explicit or implicit duty of making
				  major capital investment recommendations, and initiating and directing other
				  comprehensive measures to assure long-term environmental compliance with
				  environmental laws and regulations; the manager can ensure that the necessary
				  systems are established or actions taken to gather complete and accurate
				  information for permit application requirements; and where authority to sign
				  documents has been assigned or delegated to the manager in accordance with
				  corporate procedures;
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Permit Applications and Special VPDES Permit Programs › Section 9VAC25-31-120 - Stormwater discharges

Current through Register Vol. 40, No. 24, July 15, 2024
A. Permit
				  requirements.
1. Prior to October 1, 1994,
				  discharges composed entirely of stormwater shall not be required to obtain a
				  VPDES permit except:
a. A discharge with
				  respect to which a permit has been issued prior to February 4, 1987;
b. A discharge associated with industrial
				  activity; or
c. A discharge which
				  either the department or the regional administrator determines to contribute to
				  a violation of a water quality standard or is a significant contributor of
				  pollutants to surface waters. This designation may include a discharge from any
				  conveyance or system of conveyances used for collecting and conveying
				  stormwater run-off, except for those discharges from conveyances which do not
				  require a permit under subdivision 2 of this subsection or agricultural
				  stormwater run-off which is exempted from the definition of point
				  source.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Permit Applications and Special VPDES Permit Programs › Section 9VAC25-31-130 - Concentrated animal feeding operations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Permit
				  requirement for CAFOs.
1. Concentrated animal
				  feeding operations as defined in
				  9VAC25-31-10 or
				  designated in accordance with subsection B of this section are point sources
				  that require VPDES permits for discharges. Once an operation is defined as a
				  CAFO, the VPDES requirements for CAFOs apply with respect to all animals in
				  confinement at the operation and all manure, litter and process wastewater
				  generated by those animals or the production of those animals, regardless of
				  the type of animal.
2. Two or more
				  animal feeding operations under common ownership are considered, for the
				  purposes of this chapter, to be a single animal feeding operation if they
				  adjoin each other or if they use a common area or system for the disposal of
				  wastes.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Permit Applications and Special VPDES Permit Programs › Section 9VAC25-31-140 - Concentrated aquatic animal production facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. Concentrated
				  aquatic animal production facilities, as defined in this chapter, are point
				  sources subject to the VPDES permit program.
B. Case-by-case designations. The department
				  may designate any warm or cold water aquatic animal production facility as a
				  concentrated aquatic animal production facility upon determining that it is a
				  significant contributor of pollution to surface waters.
1. In making this designation the department
				  shall consider the following factors:
a. The
				  location and quality of the receiving surface waters;
b. The holding, feeding, and production
				  capacities of the facility;
c. The
				  quantity and nature of the pollutants reaching surface waters; and
d. Other relevant factors.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Permit Applications and Special VPDES Permit Programs › Section 9VAC25-31-150 - Aquaculture projects

Current through Register Vol. 40, No. 24, July 15, 2024
Discharges into aquaculture projects, as defined in this
					 chapter, are subject to the VPDES permit program. Permits for aquaculture
					 projects shall be issued according to the criteria of 40 CFR Part 125, Subpart
					 B.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 402 of
						the federal Clean Water Act; 40 CFR Parts 122, 123, 124, 403, and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Permit Applications and Special VPDES Permit Programs › Section 9VAC25-31-160 - Silvicultural activities

Current through Register Vol. 40, No. 24, July 15, 2024
Silvicultural point sources, as defined in this chapter,
					 are point sources subject to the VPDES permit program.
Statutory Authority
§§ 62.1-44.15, 62.1-44.16, 62.1-44.17,
						62.1-44.18, and 62.1-44.19 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Permit Applications and Special VPDES Permit Programs › Section 9VAC25-31-170 - General permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board may
				  issue a general permit in accordance with the following:
1. The general permit shall be written to
				  cover one or more categories or subcategories of discharges or sludge use or
				  disposal practices or facilities described in the permit under subdivision 2 b
				  of this subsection, except those covered by individual permits, within a
				  geographic area. The area should correspond to existing geographic or political
				  boundaries, such as:
a. Designated planning
				  areas under §§ 208 and 303 of the CWA;
b. Sewer districts or sewer
				  authorities;
c. City, county, or
				  state political boundaries;
d.
				  State highway systems;
e. Standard
				  metropolitan statistical areas as defined by the Office of Management and
				  Budget;
f. Urbanized areas as
				  designated by the Bureau of the Census according to criteria in 30 FR 15202
				  (May 1, 1974); or
g. Any other
				  appropriate division or combination of boundaries.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Permit Applications and Special VPDES Permit Programs › Section 9VAC25-31-180 - New sources and new dischargers

Current through Register Vol. 40, No. 24, July 15, 2024
A. Criteria for
				  new source determination.
1. Except as
				  otherwise provided in an applicable new source performance standard, a source
				  is a new source if it meets the definition of new source in this chapter, and
a. It is constructed at a site at which no
				  other source is located; or
b. It
				  totally replaces the process or production equipment that causes the discharge
				  of pollutants at an existing source; or
c. Its processes are substantially
				  independent of an existing source at the same site. In determining whether
				  these processes are substantially independent, the department shall consider
				  such factors as the extent to which the new facility is integrated with the
				  existing plant; and the extent to which the new facility is engaged in the same
				  general type of activity as the existing source.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Permit Conditions › Section 9VAC25-31-200 - Additional conditions applicable to specified categories of VPDES permits

Current through Register Vol. 40, No. 24, July 15, 2024
The following conditions, in addition to those set forth in
					 9VAC25-31-190,
					 apply to all VPDES permits within the categories specified below:
A. Existing manufacturing, commercial,
				  mining, and silvicultural dischargers. All existing manufacturing, commercial,
				  mining, and silvicultural dischargers must notify the department as soon as
				  they know or have reason to believe:
1. That
				  any activity has occurred or will occur which would result in the discharge, on
				  a routine or frequent basis, of any toxic pollutant that is not limited in the
				  permit, if that discharge will exceed the highest of the following notification
				  levels:
a. One hundred micrograms per liter
				  (100 µg/l);
b. Two hundred
				  micrograms per liter (200 µg/l) for acrolein and acrylonitrile; five
				  hundred micrograms per liter (500 µg/l) for 2,4-dinitrophenol and for
				  2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/l) for
				  antimony;
c. Five times the maximum
				  concentration value reported for that pollutant in the permit application;
				  or
d. The level established by the
				  department in accordance with
				  9VAC25-31-220
				  F.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Permit Conditions › Section 9VAC25-31-210 - Establishing permit conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A. In addition
				  to conditions required in all permits, the department shall establish
				  conditions, as required on a case-by-case basis, to provide for and assure
				  compliance with all applicable requirements of the law, the CWA and
				  regulations. These shall include conditions under
				  9VAC25-31-240
				  (duration of permits),
				  9VAC25-31-250
				  (schedules of compliance),
				  9VAC25-31-220(monitoring),
				  electronic reporting requirements of 40 CFR Part 3 and Part XI (9VAC25-31-950
				  et seq.) of this chapter.
B.
1. An applicable requirement is a state
				  statutory or regulatory requirement which takes effect prior to final
				  administrative disposition of a permit. An applicable requirement is also any
				  requirement which takes effect prior to the modification or revocation and
				  reissuance of a permit, to the extent allowed in Part V of this
				  chapter.
2. New or reissued
				  permits, and to the extent allowed under Part V of this chapter modified or
				  revoked and reissued permits, shall incorporate each of the applicable
				  requirements referenced in
				  9VAC25-31-220
				  and
				  9VAC25-31-230.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Permit Conditions › Section 9VAC25-31-220 - Establishing limitations, standards, and other permit conditions

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to the conditions established under
					 9VAC25-31-210
					 A, each VPDES permit shall include conditions meeting the following
					 requirements when applicable.
A.
1. Technology-based effluent limitations and
				  standards based on effluent limitations and standards promulgated under §
				  301 of the CWA, on new source performance standards promulgated under §
				  306 of CWA, on case-by-case effluent limitations determined under §
				  402(a)(1) of CWA, or a combination of the three. For new sources or new
				  dischargers, these technology-based limitations and standards are subject to
				  the provisions of
				  9VAC25-31-180
				  B (protection period).
2. The
				  department may authorize a discharger subject to technology-based effluent
				  limitations guidelines and standards in a VPDES permit to forego sampling of a
				  pollutant found at 40 CFR Subchapter N if the discharger has demonstrated
				  through sampling and other technical factors that the pollutant is not present
				  in the discharge or is present only at background levels from intake water and
				  without any increase in the pollutant due to activities of the discharger. This
				  waiver is good only for the term of the permit and is not available during the
				  term of the first permit issued to a discharger. Any request for this waiver
				  must be submitted when applying for a reissued permit or modification of a
				  reissued permit. The request must demonstrate through sampling or other
				  technical information, including information generated during an earlier permit
				  term, that the pollutant is not present in the discharge or is present only at
				  background levels from intake water and without any increase in the pollutant
				  due to activities of the discharger. Any grant of the monitoring waiver must be
				  included in the permit as an express permit condition and the reasons
				  supporting the grant must be documented in the permit's fact sheet or statement
				  of basis. This provision does not supersede certification processes and
				  requirements already established in existing effluent limitations guidelines
				  and standards.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Permit Conditions › Section 9VAC25-31-240 - Duration of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. VPDES permits
				  shall be effective for a fixed term not to exceed five years.
B. Except as provided in
				  9VAC25-31-70,
				  the term of a permit shall not be extended by modification beyond the maximum
				  duration specified in this section.
C. The department may issue any permit for a
				  duration that is less than the full allowable term under this
				  section.
D. A permit may be issued
				  to expire on or after the statutory deadline set forth in §§
				  301(b)(2) (A), (C), and (E) of the CWA, if the permit includes effluent
				  limitations to meet the requirements of §§ 301(b)(2) (A), (C), (D),
				  (E) and (F) of the CWA, whether or not applicable effluent limitations
				  guidelines have been promulgated or approved.
E. A determination that a particular
				  discharger falls within a given industrial category for purposes of setting a
				  permit expiration date under subsection D of this section is not conclusive as
				  to the discharger's inclusion in that industrial category for any other
				  purposes, and does not prejudice any rights to challenge or change that
				  inclusion at the time that a permit based on that determination is
				  formulated.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123,
						124, 403, and 503.