reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 6 - Liability Requirements for Transport, Storage, and Land Application of Biosolids › Section 9VAC25-32-820 - Local government financial test

Current through Register Vol. 40, No. 24, July 15, 2024
A. A permit holder or applicant that
					 satisfies the requirements of this section may demonstrate financial assurance
					 using the local government financial test.
B. The permit holder or applicant shall
					 satisfy the provisions of this section as applicable:
1. If the permit holder or applicant has
					 outstanding, rated general obligation bonds that are not secured by insurance,
					 a letter of credit, or other collateral or guarantee, he shall supply the
					 department with documentation demonstrating that the permit holder or applicant
					 has a current rating of Aaa, Aa, A, or Baa as issued by Moody's or AAA, AA, A,
					 or BBB as issued by Standard and Poor's on all such general obligation bonds;
					 or
2. If the permit holder or
					 applicant does not have outstanding, rated general obligation bonds, he shall
					 satisfy each of the following financial ratios based on the permit holder's or
					 applicant's most recent audited annual financial statements:
a. A ratio of cash plus marketable securities
					 to total expenditures greater than or equal to 0.05; and
b. A ratio of annual debt service to total
					 expenditures less than or equal to 0.20.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 6 - Liability Requirements for Transport, Storage, and Land Application of Biosolids › Section 9VAC25-32-830 - Local government guarantee

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 A local government who is also the permit holder or applicant may meet the
					 requirements of this section by providing a written guarantee, herein referred
					 to as "guarantee" by a local government. The guarantor shall meet the
					 requirements of the local government financial test in section
					 9VAC25-32-820 and shall comply with
					 the terms of the written guarantee identified in subsection B of this
					 section.
B. Terms of the written
					 guarantee.
1. The guarantee shall be
					 effective before the initial application of biosolids; and
2. The guarantee shall provide that:
a. If the permit holder or applicant fails to
					 satisfy a judgment based on a determination of liability for bodily injury or
					 property damage to third parties caused by the transport, storage, or land
					 application of biosolids in Virginia or fails to pay an amount agreed to in
					 settlement of claims arising from or alleged to arise from such injury or
					 damage, the guarantor will do so up to the limits of coverage;
b. The guarantee will remain in force unless
					 the guarantor sends notice of cancellation by certified mail to the permit
					 holder or applicant and to the department. Cancellation may not occur, however,
					 during the 120 days beginning on the date of receipt of the notice of
					 cancellation by both the permit holder or applicant and the department, as
					 evidenced by return receipts; and
c. If a guarantee is cancelled, the permit
					 holder or applicant shall within 90 days following receipt of the cancellation
					 notice by the permit holder or the applicant and the department obtain
					 alternate financial assurance and notify the department. If the permit holder
					 or applicant fails to provide alternate financial assurance within the 90-day
					 period, the guarantor shall provide that alternate financial assurance within
					 120 days following the close of the guarantor's fiscal year; obtain alternative
					 financial assurance acceptable to the department; and submit evidence of that
					 alternate financial assurance to the department.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 6 - Liability Requirements for Transport, Storage, and Land Application of Biosolids › Section 9VAC25-32-840 - Letter of credit

Current through Register Vol. 40, No. 24, July 15, 2024
A. A permit
					 holder or applicant may satisfy the requirements of this article by obtaining
					 an irrevocable standby letter of credit that satisfies the terms of the letter
					 of credit and by submitting the original letter of credit to the
					 department.
B. Terms of the letter
					 of credit.
1. The letter of credit shall be
					 effective before the initial application of biosolids.
2. The issuing institution shall be a bank or
					 other financial institution that has the authority to issue letters of credit
					 and whose letter of credit operations are regulated and examined by the
					 Commonwealth of Virginia, by a federal agency, or by an agency of another
					 state.
3. The letter of credit
					 shall be irrevocable and issued for a period of at least one year in an amount
					 of $2 million to cover the costs for clean-up costs, personal injury, bodily
					 injury, and property damage that may result from the transport, storage, or
					 land application of biosolids in Virginia by the permit holder or
					 applicant.
4. The letter of credit
					 shall provide that the expiration date will be automatically extended for a
					 period of at least one year. If the issuing institution decides not to extend
					 the letter of credit beyond the current expiration date, it shall, at least 120
					 days before the date, notify both the permit holder or applicant and the
					 department by certified mail of that decision. The 120-day period will begin on
					 the date of receipt by the department as shown on the signed return receipt.
					 Expiration cannot occur, however, while an enforcement action is pending.
					 Within 60 days of receipt of notice from the issuing institution that it does
					 not intend to extend the letter of credit, the permit holder or applicant shall
					 obtain alternate financial assurance and submit evidence of the alternate
					 financial assurance to the department.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 6 - Liability Requirements for Transport, Storage, and Land Application of Biosolids › Section 9VAC25-32-850 - Trust fund

Current through Register Vol. 40, No. 24, July 15, 2024
A. A permit holder
					 or applicant may satisfy the requirements of this article by establishing a
					 trust fund that conforms to the requirements of subsection B of this section
					 and submitting an originally signed duplicate of the trust agreement to the
					 department.
B. Trust fund
					 requirements.
1. The trustee must be an
					 entity that has the authority to act as a trustee and whose trust operations
					 are regulated and examined by the Commonwealth of Virginia, by a federal
					 agency, or by an agency of another state.
2. The trust fund for liability coverage must
					 be funded for the full amount of the liability coverage to be provided by the
					 trust fund before it may be relied upon to satisfy the requirements of this
					 section. If at any time after the trust fund is created, the amount of funds in
					 the trust fund is reduced below the full amount of the liability coverage to be
					 provided, the permit holder or applicant, by the anniversary date of the
					 establishment of the fund, must either add sufficient funds to the trust fund
					 to cause its value to be equal to the full amount of the liability coverage to
					 be provided, or obtain other alternate financial assurance as specified in this
					 section to cover the difference.
3.
					 For purpose of this section, "the full amount of liability coverage provided"
					 means the amount of coverage for clean-up costs, personal injury, bodily
					 injury, and personal damage resulting from the transport, storage, or land
					 application of biosolids in Virginia.
4. The wording of the trust fund must be
					 identical to that specified in the Trust Fund form.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 6 - Liability Requirements for Transport, Storage, and Land Application of Biosolids › Form - FORMS (9VAC25-32)

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia
						Pollution Abatement Permit Application, General Instructions (rev.
						5/2014)
Virginia
						Pollution Abatement Permit Application, Form A, All Applicants (rev.
						6/2014)
Virginia
						Pollution Abatement (VPA) Permit Application, Form B, Animal Feeding Operations
						(AFOs) (rev. 2/2013)
Virginia
						Pollution Abatement Permit Application, Form C, Industrial Waste (rev.
						10/1995)
Virginia
						Pollution Abatement Permit Application, Form D, Municipal Effluent and
						Biosolids Cover Page (rev. 6/2013):
Part
						D-I: Land Application of Municipal Effluent (rev. 4/2009)
Part
						D-II: Land Application of Biosolids (rev. 9/2018)
Part
						D-II: Worksheet (eff. 9/2018)
Part
						D-III: Effluent Characterization Form (rev. 1/2022)
Part
						D-IV: Biosolids Characterization Form (rev. 9/2018)
Part
						D-V: Non-Hazardous Waste Declaration (rev. 6/2013)
Part
						D-VI: Land Application Agreement - Biosolids and Industrial Residuals (rev.
						6/2018)
Application
						for Land Application Supervisor Certification (rev. 2/2011)
Application
						for Renewal of Land Application Supervisor Certification (rev.
						2/2011)
Request
						for Extended Setback from Biosolids Land Application Field (rev.
						8/2015)
Sludge
						Disposal Site Dedication Form, Form A-1 (rev. 11/2009)
Liability
						Requirements for Transport, Storage, and Land Application of Biosolids, Form I,
						Insurance Liability Endorsement (rev. 10/2013)
Liability
						Requirements for Transport, Storage, and Land Application of Biosolids, Form
						II, Certificate of Liability Insurance (rev. 10/2013)
Liability
						Requirements for Transport, Storage, and Land Application of Biosolids, Form
						III, Corporate Letter (rev. 11/2009)
Liability
						Requirements for Transport, Storage, and Land Application of Biosolids, Form
						IV, Corporate Guarantee (rev. 11/2009)
Liability
						Requirements for Transport, Storage, and Land Application of Biosolids, Form V,
						Letter of Credit (rev. 11/2009)
Liability
						Requirements for Transport, Storage, and Land Application of Biosolids, Form
						VI, Trust Agreement (rev. 11/2009)
Liability
						Requirements for Transport, Storage, and Land Application of Biosolids, Form
						VII, Local Government Financial Test (rev. 10/2013)
Liability
						Requirements for Transport, Storage, and Land Application of Biosolids, Form
						VIII, Local Government Guarantee (rev. 10/2013)
Statutory Authority: § 62.1-44.15 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 6 - Liability Requirements for Transport, Storage, and Land Application of Biosolids › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-32)

Current through Register Vol. 40, No. 24, July 15, 2024
Environmental Regulations and Technology-Control of
						Pathogens and Vector Attraction in Sewage Sludge, EPA-625/R-92/013, July 2003,
						U.S. Environmental Protection Agency, Cincinnati, Ohio 45268
Glossary-Water and Wastewater Control Engineering, 1969,
						American Public Health Association (APHA), American Society of Civil Engineers
						(ASCE), American Water Works Association (AWWA), and the Water Environment
						Federation (WEF)
Test Methods for Evaluating Solid Waste,
						Physical/Chemical Methods, EPA Publication SW-846, Third Edition (1986) as
						amended by final updates I, II, IIA, IIB, IIIA, IIIB, IVA, and IVB, National
						Technical Information Service, Springfield, Virginia
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 40 - REGULATION FOR NUTRIENT ENRICHED WATERS AND DISCHARGERS WITHIN THE CHESAPEAKE BAY WATERSHED › Section 9VAC25-40-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This regulation provides for the control of discharges of
				  nutrients from point sources affecting state waters that are designated
				  "nutrient enriched waters" in
				  9VAC25-260-350 or are located
				  within the Chesapeake Bay watershed, which consists of the following Virginia
				  river basins: Potomac River Basin (9VAC25-260-390 and
				  9VAC25-260-400 ), James River Basin
				  (9VAC25-260-410,
				  9VAC25-260-415,
				  9VAC25-260-420, and
				  9VAC25-260-430 ), Rappahannock
				  River Basin (9VAC25-260-440 ), Chesapeake Bay
				  and small coastal basins (9VAC25-260-520,
				  Sections 2 through 3g), and the York River Basin (9VAC25-260-530 ).
The provisions of this regulation and the Water Quality
				  Management Planning Regulation (9VAC25-720) constitute the nutrient reduction
				  requirements for point source discharges in the Chesapeake Bay Watershed to
				  protect the Chesapeake Bay and its tidal rivers.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 303 of
					 the federal Clean Water Act.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 40 - REGULATION FOR NUTRIENT ENRICHED WATERS AND DISCHARGERS WITHIN THE CHESAPEAKE BAY WATERSHED › Section 9VAC25-40-25 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Board" means the State Water Control Board. When used
				  outside the context of the promulgation of regulations, including regulations
				  to establish general permits, "board" means the Department of Environmental
				  Quality.
"Department" means the Department of Environmental
				  Quality.
"Equivalent load" means 2,300 pounds per year of total
				  nitrogen and 300 pounds per year of total phosphorus at a flow volume of 40,000
				  gallons per day; 5,700 pounds per year of total nitrogen and 760 pounds per
				  year of total phosphorus at a flow volume of 100,000 gallons per day; and
				  28,500 pounds per year of total nitrogen and 3,800 pounds per year of total
				  phosphorus at a flow volume of 500,000 gallons per day.
"Expansion" or "expands" means initiating construction at an
				  existing facility after July 1, 2005, to increase treatment capacity, except
				  that the term does not apply in those cases where a Certificate to Construct
				  was issued on or before July 1, 2005.
"Point source dischargers" or "dischargers" do not include
				  permitted discharges of noncontact cooling water or storm
				  water.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; § 303 of the federal Clean Water
					 Act.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 40 - REGULATION FOR NUTRIENT ENRICHED WATERS AND DISCHARGERS WITHIN THE CHESAPEAKE BAY WATERSHED › Section 9VAC25-40-30 - Strategy for "nutrient enriched waters" outside of Chesapeake Bay Watershed

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				dischargers authorized by VPDES permits to discharge 1.0 MGD or more to
				"nutrient enriched waters" shall meet a monthly average total phosphorus
				effluent limitation of 2.0 mg/l.
B.
				New dischargers as defined in 9VAC25-31 with a permit issued after July 1,
				1988, and are authorized by VPDES permits to discharge 0.050 MGD or more to
				"nutrient enriched waters" shall be required to meet a monthly average total
				phosphorus effluent limitation of 2.0 mg/l.
C. This regulation shall not be construed to
				relax any effluent limitation concerning a nutrient that is imposed under any
				other requirement of state or federal law.
D. Any discharger to "nutrient enriched
				waters" that is located within the Chesapeake Bay Watershed is not subject to
				the requirements of this section.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 303 of
					 the federal Clean Water Act.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 40 - REGULATION FOR NUTRIENT ENRICHED WATERS AND DISCHARGERS WITHIN THE CHESAPEAKE BAY WATERSHED › Section 9VAC25-40-40 - Permit amendments

Current through Register Vol. 40, No. 24, July 15, 2024
Whenever the department determines that a permittee has the
				  potential for discharging monthly average total phosphorus concentrations
				  greater than or equal to 2.0 mg/l or monthly average total nitrogen
				  concentrations greater than or equal to 10 mg/l to "nutrient enriched waters,"
				  the department may reopen the VPDES permit to impose monitoring requirements
				  for nutrients in the discharge.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; § 303 of the federal Clean Water
					 Act.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 40 - REGULATION FOR NUTRIENT ENRICHED WATERS AND DISCHARGERS WITHIN THE CHESAPEAKE BAY WATERSHED › Section 9VAC25-40-50 - Possibility of further limitations

Current through Register Vol. 40, No. 24, July 15, 2024
The board anticipates that, following implementation of the
				  foregoing requirements and evaluation of effects of this regulation and of the
				  results of the nonpoint source control programs, further limitations on
				  discharges of phosphorus or of other nutrients may be necessary to control
				  undesirable growths of aquatic plants.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 303 of
					 the federal Clean Water Act.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 40 - REGULATION FOR NUTRIENT ENRICHED WATERS AND DISCHARGERS WITHIN THE CHESAPEAKE BAY WATERSHED › Section 9VAC25-40-60 - Other state petitions

Current through Register Vol. 40, No. 24, July 15, 2024
The board may entertain petitions from adjoining states to
				  consider rulemakings to control nutrients entering tributaries to "nutrient
				  enriched waters" of the adjoining state.
Statutory Authority
§ 62.1-44.15(10) of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 71 - REGULATIONS GOVERNING THE DISCHARGE OF SEWAGE AND OTHER WASTES FROM BOATS › Section 9VAC25-71-20 - Federal regulations

Current through Register Vol. 40, No. 24, July 15, 2024
The following federal regulations are hereby incorporated by
				  reference: Marine Sanitation Device Standard, 40 CFR Part
				  140(2006).
Statutory Authority
§ 62.1-44 of the Code of Virginia and 33 USC §
					 1313(e) of the Clean Water Act.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 71 - REGULATIONS GOVERNING THE DISCHARGE OF SEWAGE AND OTHER WASTES FROM BOATS › Section 9VAC25-71-30 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
Section 62.1 -44.33
				of the Code of Virginia provides penalties for violations of these
				regulations.
Statutory Authority
§ 62.1-44.33 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 71 - REGULATIONS GOVERNING THE DISCHARGE OF SEWAGE AND OTHER WASTES FROM BOATS › Section 9VAC25-71-40 - Miscellaneous waste discharges

Current through Register Vol. 40, No. 24, July 15, 2024
No person shall discharge other wastes from any vessel on
				  any navigable or nonnavigable waters into state waters. This provision shall
				  not prohibit discharges incidental to the normal operation of a vessel and
				  shall not be applicable to the harvesting of seafood and fisheries
				  products.
Statutory Authority
§ 62.1-44.33 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 71 - REGULATIONS GOVERNING THE DISCHARGE OF SEWAGE AND OTHER WASTES FROM BOATS › Section 9VAC25-71-50 - Sewage discharges

Current through Register Vol. 40, No. 24, July 15, 2024
Vessels with installed toilets and marine sanitation devices
				  shall be in compliance with federal regulations at 40 CFR Part 140(2006), which
				  set standards for sewage discharges from marine sanitation devices. Vessels
				  without installed toilets or without installed marine sanitation devices shall
				  not directly or indirectly discharge sewage into state waters. Sewage and other
				  wastes from self-contained portable toilets or other containment devices shall
				  be pumped out at pump-out facilities or carried ashore for treatment in
				  facilities approved by the Virginia Department of Health.
Statutory Authority
§ 62.1-44 of the Code of Virginia and 33 USC §
					 1313(e) of the Clean Water Act.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 71 - REGULATIONS GOVERNING THE DISCHARGE OF SEWAGE AND OTHER WASTES FROM BOATS › Section 9VAC25-71-60 - No discharge zones

Current through Register Vol. 40, No. 24, July 15, 2024
The following requirements apply in designated no discharge
				  zones:
1. All discharge of sewage,
				whether treated or not, and other wastes from all vessels into designated no
				discharge zones is prohibited. A listing of designated no discharge zones
				within the state appears at
				9VAC25-71-70.
2. Vessels without installed toilets shall
				dispose of any collected sewage from portable toilets or other containment
				devices at facilities approved by the Virginia Department of Health for
				collection of sewage wastes, or otherwise dispose of sewage in a manner that
				complies with state law.
3. Vessels
				with installed toilets shall have a marine sanitation device to allow sewage
				holding capacity unless the toilets are rendered inoperable.
4. Houseboats having installed toilets shall
				have a holding tank with the capability of collecting and holding sewage and
				disposing of collected sewage at a pump-out facility or other facility approved
				by the Virginia Department of Health for collection of sewage wastes; if a
				houseboat lacks such tank, the sanitation device shall meet the requirements of
				subdivision 5 of this subsection.
5. Y-valves, macerator pump valves, discharge
				conveyances, or any other through-hull fitting valves capable of allowing a
				discharge of sewage from marine sanitation devices shall be secured in the
				closed position while in a no discharge zone by use of a padlock, nonreleasable
				wire tie, or removal of the y-valve handle. The method chosen shall present a
				physical barrier to the use of the y-valve or toilet.
6. Every owner or operator of a marina within
				a designated no discharge zone shall notify boat patrons leasing slips of the
				sewage discharge restriction in the no discharge zone. As a minimum,
				notification shall consist of no discharge zone information in the slip rental
				contract and a sign indicating the area is a designated no discharge
				zone.
Statutory Authority
§ 62.1-44.33 of the Code of Virginia and § 312 of
					 the federal Clean Water Act.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 71 - REGULATIONS GOVERNING THE DISCHARGE OF SEWAGE AND OTHER WASTES FROM BOATS › Section 9VAC25-71-70 - Listing of designated no discharge zones in the Commonwealth of Virginia

Current through Register Vol. 40, No. 24, July 15, 2024
The following are designated no discharge zones:
1. Smith Mountain Lake in the counties of
				Bedford, Franklin and Pittsylvania, Virginia, from Smith Mountain Dam (Gap of
				Smith Mountain) upstream to the 795.0 foot contour (normal pool elevation) in
				all tributaries, including waters to above the confluence with Back Creek in
				the Roanoke River arm, and to the Brooks Mill Bridge (Route 834) on the
				Blackwater River arm.
2. The
				Lynnhaven River Watershed in the City of Virginia Beach, Virginia, including
				all contiguous waters south of the Lesner Bridge at Lynnhaven Inlet (latitude
				36°54'27.90" N and longitude 76°05'30.90" W) and north of the watershed
				break point at the intersection of West Neck Creek and Dam Neck Road (latitude
				36°47'17.60" N and longitude 76°04'14.62" W).
3. Broad Creek, Jackson Creek, and Fishing
				Bay Watersheds in lower Middlesex County, Virginia: the Broad Creek Watershed
				No Discharge Zone is defined as all contiguous waters south of the line formed
				between the points formed by latitude 37°33'46.3" N and longitude
				-76°18'45.9" W and north to latitude 37°33'47.4" N and longitude
				-76°19'24.7" W. The Jackson Creek Watershed No Discharge Zone is defined as
				all contiguous waters west of the of the line formed between the points formed
				by latitude 37°32'40" N and longitude -76°19'40.6" W at Stove Point
				Neck and latitude 37°32'46.8" N and longitude -76°19'15.6" W at the
				western point of the entrance to the eastern prong of Jackson Creek. The
				Fishing Bay Watershed No Discharge Zone is defined as all contiguous waters
				north of the line formed between the points formed by latitude 37°32'01.9"
				N and longitude -76°21'43.5" W at the southernmost tip of Bland Point and
				latitude 37°31'29.4" N and longitude -76°19'53.6" W at the southernmost
				tip of Stove Point. This area includes all of Fishing Bay and encompasses Moore
				Creek and Porpoise Cove.
4. Sarah
				Creek in Gloucester County, Virginia, including all contiguous waters north of
				the line formed between the point formed by latitude 37º14'58.34" N and
				longitude 76º29'39.17" W and east to latitude 37º15'00.81" N and
				longitude 76º28'37.84" W.
5.
				Perrin River in Gloucester County, Virginia, including all contiguous waters
				north of the line formed between the point formed by latitude 37º
				15'43.52" N and longitude 76º25'25.71" W and east to latitude
				37º15'50.63" N and longitude 76º25'11.84" W.
Statutory Authority: § 62.1-44 of the Code of
					 Virginia;
					 33
					 USC §
												1322.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 80 - [Repealed] › Section 9VAC25-80-10

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
											62.1-44.3
					 and
					 62.1-44.15
					 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 91 - FACILITY AND ABOVEGROUND STORAGE TANK (AST) REGULATION › Part I - Program Administration › Section 9VAC25-91-20 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. The operator
				  shall comply with all applicable requirements pursuant to this chapter. The
				  operator as defined in this chapter can be more than one person and each
				  operator shares joint responsibility for compliance.
B. The requirements of this chapter apply as
				  follows:
1. The provisions of Part II
				  (9VAC25-91-100 et seq.,
				  Registration, Notification and Closure Requirements) of this chapter apply to:
(i) an individual AST located within the
				  Commonwealth of Virginia with an aboveground storage capacity greater than 660
				  gallons of oil, unless otherwise specified within this chapter; and
(ii) all facilities in the Commonwealth of
				  Virginia with an aggregate aboveground storage capacity greater than 1,320
				  gallons of oil, unless otherwise specified within this chapter. Storage of oil
				  that is excluded from regulation in
				  9VAC25-91-30 A is not included when
				  calculating the aggregate aboveground storage capacity.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 91 - FACILITY AND ABOVEGROUND STORAGE TANK (AST) REGULATION › Part I - Program Administration › Section 9VAC25-91-40 - Compliance dates

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every
				  operator shall comply with this chapter on its effective date unless a later
				  date is otherwise specified.
B.
				  Operators of facilities existing on June 24, 1998, and exempted under §
				  62.1-44.34:17 D of the Code of Virginia (i.e., facilities not engaged in the
				  resale of oil) having an aboveground storage capacity of 25,000 gallons or
				  greater of oil must have complied with Part III (9VAC25-91-130
				  et seq., Pollution Prevention Requirements) of this chapter on or before
				  October 22, 1998, unless otherwise specified in this chapter. If compliance
				  with Part III of this chapter necessitates extensive upgrades to the existing
				  facility design, these exempted operators shall have submitted a proposed
				  extended compliance schedule and supporting explanation to the department no
				  later than September 22, 1998, or such date approved by the
				  department.
C. Operators of ASTs
				  and facilities existing prior to June 24, 1998, and previously registered in
				  accordance with the requirements of § 62.1-44.34:19.1 of the Code of
				  Virginia shall not have to resubmit the registration form until five years from
				  the date of the initial registration unless title to that AST or facility is
				  transferred (i.e., change of ownership) or the AST is converted or brought back
				  into use after permanent closure, whichever occurs first.
D. Operators of facilities subject to Part IV
				  (9VAC25-91-170,
				  Oil Discharge Contingency Plan (ODCP) Requirements) of this chapter that were
				  brought into use on or after June 24, 1998, shall submit a complete application
				  meeting all applicable requirements of this chapter no later than 90 days prior
				  to commencement of operations.
1. The operator
				  must receive approval of the ODCP by the department prior to commencement of
				  facility operations.
2. The
				  operators of facilities that have previously met the provisions of §
				  62.1-44.34:15 of the Code of Virginia for ODCP submittal shall not be required
				  to resubmit the ODCP until 90 days prior to the date that plan's approval
				  expires. Ninety days prior to the expiration of approval of the ODCP, the
				  facility operator shall submit an updated plan or certification of renewal of
				  an existing plan according to
				  9VAC25-91-170
				  F.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 91 - FACILITY AND ABOVEGROUND STORAGE TANK (AST) REGULATION › Part I - Program Administration › Section 9VAC25-91-50 - Statement of purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to:
(i) establish requirements for registration
				  of facilities and individual ASTs located within the Commonwealth;
(ii) provide the department with the
				  information necessary to identify and inventory facilities with an aggregate
				  storage capacity of greater than 1,320 gallons of oil or an individual AST with
				  a storage capacity of greater than 660 gallons of oil;
(iii) develop standards and procedures for
				  operators of facilities with an aggregate aboveground storage capacity of
				  25,000 gallons or greater of oil relating to the prevention of pollution from
				  new and existing aboveground storage tanks;
(iv) provide requirements for the development
				  of facility oil discharge contingency plans for facilities with an aggregate
				  aboveground storage capacity of 25,000 gallons or greater of oil that will
				  ensure that the applicant can take such steps as are necessary to protect
				  environmentally sensitive areas, to respond to the threat of an oil discharge,
				  and to contain, clean up and mitigate an oil discharge within the shortest
				  feasible time, where plans must address concerns for the effect of oil
				  discharges on the environment as well as considerations of public health and
				  safety; and
(v) provide
				  requirements for facilities and individual ASTs with an aggregate aboveground
				  storage capacity of one million gallons or greater of oil to conduct a
				  groundwater characterization study (GCS) within the geographic boundaries of a
				  facility; to submit the GCS as part of the oil discharge contingency plan; to
				  conduct a monthly gauging and inspection of GCS monitoring wells, monitoring of
				  well headspace and sampling and laboratory analysis of GCS monitoring wells;
				  and to gather all observations and data maintained at the facility and compile
				  and submit them as an annual report to the department.
Statutory Authority: §§ 62.1-44.15,
						62.1-44.34:15, 62.1-44.34:15.1, and 62.1-44.34:19.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 91 - FACILITY AND ABOVEGROUND STORAGE TANK (AST) REGULATION › Part I - Program Administration › Section 9VAC25-91-60 - Administrative fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Fees are
				  assessed for review of oil discharge contingency plans (ODCP). An application
				  for review of a contingency plan will not be accepted unless the required fee
				  has been received by the department.
1. Fees
				  shall be paid in United States currency by check, draft, or postal money order
				  made payable to the Treasurer of Virginia. When the department is able to
				  accept electronic payments, payments may be submitted electronically.
2. The fee, together with the application and
				  oil discharge contingency plan, shall be sent to the department at the
				  following mailing address:
Department of Environmental Quality
Office of Financial Management
P.O. Box 1104
Richmond, VA 23218
3. Notifications and correspondence for which
				  a fee is not applicable should be mailed to the department as specified in
				  9VAC25-91-70.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 91 - FACILITY AND ABOVEGROUND STORAGE TANK (AST) REGULATION › Part I - Program Administration › Section 9VAC25-91-70 - Correspondence to the Department of Environmental Quality (DEQ)

Current through Register Vol. 40, No. 24, July 15, 2024
A. Correspondence
				  that contains fees must be submitted to the department as specified in
				  9VAC25-91-60
				  A.
B. All other written
				  correspondence and notifications to the department related to the requirements
				  of this chapter shall be addressed to the DEQ regional office servicing the
				  facility that is the subject of the correspondence. A list of regional offices
				  and their addresses are available from the central office at the following
				  address:
Mailing Address:
Department of Environmental Quality
Office of Spill Response and Remediation
P.O. Box 1105
Richmond, VA 23218
Street Address:
Department of Environmental Quality
Office of Spill Response and Remediation
1111 East Main Street, Suite 1400
Richmond, VA 23219
Statutory Authority
§§
												62.1-44.15,
						62.1-44.34:15,
						62.1-44.34:15.1
						and
						62.1-44.34:19.1
						of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 91 - FACILITY AND ABOVEGROUND STORAGE TANK (AST) REGULATION › Part I - Program Administration › Section 9VAC25-91-80

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62.1-44.15,
						62.1-44.34:15, 62.1-44.34:15.1, and 62.1-44.34:19.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 91 - FACILITY AND ABOVEGROUND STORAGE TANK (AST) REGULATION › Part I - Program Administration › Section 9VAC25-91-90

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62.1-44.15,
						62.1-44.34:15, 62.1-44.34:15.1, and 62.1-44.34:19.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 91 - FACILITY AND ABOVEGROUND STORAGE TANK (AST) REGULATION › Part II - Registration, Notification and Closure Requirements › Section 9VAC25-91-100 - Registration requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Section
				  62.1-44.34:19.1 of the Code of Virginia requires an operator of a facility
				  located within the Commonwealth with an aggregate aboveground storage capacity
				  of more than 1,320 gallons of oil or an operator of an individual AST located
				  within the Commonwealth with a storage capacity of more than 660 gallons of oil
				  to register such facility or AST with the department and with the local
				  director or coordinator of emergency services unless otherwise specified within
				  this chapter.
B. Although the term
				  "operator" includes a variety of persons who may share joint responsibility for
				  compliance with this chapter, in fixing responsibility for compliance with the
				  registration requirements, the department shall look first to the owner or a
				  duly authorized representative of the facility or AST.
C. A duly authorized representative may
				  submit the registration on the owner's behalf.
1. A person is a duly authorized
				  representative only if:
a. The authorization
				  is made in writing by the owner and indicates that the representative has
				  signatory authority for the registration;
b. The authorization specifies either an
				  individual or a position having responsibility for the overall operation of the
				  regulated facility or activity (e.g., the plant manager, the operator of a
				  facility or an AST, the superintendent, or a position of equivalent
				  responsibility), or specifies an individual or a position having overall
				  responsibility for environmental matters for the facility or company. A duly
				  authorized representative thus may be either a named individual or any
				  individual occupying a named position; and
c. The written authorization is submitted to
				  the department along with the registration form.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 91 - FACILITY AND ABOVEGROUND STORAGE TANK (AST) REGULATION › Part II - Registration, Notification and Closure Requirements › Section 9VAC25-91-110 - Notifications

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner or a
				  duly authorized representative of the facility or AST shall notify the
				  department within 30 days after any AST:
1.
				  Upgrade;
2. Major repair;
3. Replacement (i.e., relocating or
				  repositioning of an existing AST); or
4. Change in service (i.e., change in
				  operation, conditions of the stored product, specific gravity, corrosivity,
				  temperature or pressure that has occurred from the original that may affect the
				  tank's suitability for service).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 91 - FACILITY AND ABOVEGROUND STORAGE TANK (AST) REGULATION › Part II - Registration, Notification and Closure Requirements › Section 9VAC25-91-120 - Aboveground storage tank closure

Current through Register Vol. 40, No. 24, July 15, 2024
A. After June
				  24, 1998, a facility or AST, including a facility or AST operated by the
				  federal government, shall not be permanently closed without being registered
				  and either (i) having a review performed by the department of the permits and
				  inspections required in accordance with the provisions of the Uniform Statewide
				  Building Code and obtained by the owner or a duly authorized representative
				  from the local code official or his designee or (ii) being inspected by the
				  department.
1. For inspections by the
				  department (e.g., where a permit is not issued by the local code official or
				  his designee), at least 14 days notice to the department is required prior to
				  the commencement of closure operations. Notice shall be made by the owner or a
				  duly authorized representative.
2.
				  In the case of a regulated AST operated by the Commonwealth, the Department of
				  General Services shall function as the local code official in accordance with
				  § 36-98.1 of the Code of Virginia.
3. If the closure is in response to
				  containment and cleanup actions that necessitate AST removal, the owner or a
				  duly authorized representative of the facility or AST shall immediately notify
				  the local code official and the department.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 91 - FACILITY AND ABOVEGROUND STORAGE TANK (AST) REGULATION › Part III - Pollution Prevention Requirements › Section 9VAC25-91-130 - Pollution prevention standards and procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pollution
				  prevention standards and procedures for facilities are listed in this section.
				  Aboveground storage tanks with an aggregate capacity of one million gallons or
				  more shall comply with the requirements of subsections B and C of this
				  section.
B. Requirements for
				  aboveground storage tanks at facilities for 25,000 gallons or more. Section
				  62.1-44.34:15.1 of the Code of Virginia provides the following requirements for
				  existing aboveground storage tanks at a facility with an aggregate aboveground
				  storage capacity equal to or greater than 25,000 gallons of oil or for an
				  existing individual aboveground storage tank with a storage capacity equal to
				  or greater than 25,000 gallons of oil, unless otherwise exempted.
1. Inventory control and testing for
				  significant variations.
a. The following
				  aboveground storage tanks shall not be subject to inventory control and testing
				  for significant variations:
(1) Aboveground
				  storage tanks totally off ground with all associated piping off
				  ground;
(2) Aboveground storage
				  tanks with a capacity of 5,000 gallons or less located within a building or
				  structure designed to fully contain a discharge of oil; and
(3) Aboveground storage tanks containing No.
				  5 or No. 6 oil for consumption on the premises where stored.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 91 - FACILITY AND ABOVEGROUND STORAGE TANK (AST) REGULATION › Part III - Pollution Prevention Requirements › Section 9VAC25-91-140 - Performance standards for aboveground storage tanks newly installed, retrofitted, or brought into use

Current through Register Vol. 40, No. 24, July 15, 2024
A. All ASTs
				  shall be built in accordance with the applicable design standards adopted by
				  Underwriters Laboratories, the American Petroleum Institute, the Steel Tank
				  Institute or other standard approved by the department.
B. All ASTs shall be strength tested before
				  being placed in use in accordance with the applicable code or standard under
				  which they were built.
C. ASTs that
				  have the tank bottom in direct contact with the soil shall have a determination
				  made by a corrosion professional as to the type and degree of corrosion
				  protection needed to ensure the integrity of the tank system during the use of
				  the tank. If a survey indicates the need for corrosion protection for the new
				  installation, corrosion protection shall be provided.
D. ASTs installed after June 30, 1993, shall
				  have a release prevention barrier (RPB) installed either under or in the bottom
				  of the tank. The RPB shall be capable of:
(i)
				  preventing the release of the oil and
(ii) containing or channeling the oil for
				  leak detection.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 91 - FACILITY AND ABOVEGROUND STORAGE TANK (AST) REGULATION › Part III - Pollution Prevention Requirements › Section 9VAC25-91-145 - Performance standards for certain aboveground storage tanks located in the City of Fairfax

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  requirements of this section apply to aboveground storage tanks at facilities
				  with an aggregate capacity of one million gallons or greater existing prior to
				  January 29, 1992, and located in the City of Fairfax.
B. All ASTs altered as required by this
				  section shall be strength tested before being returned to use in accordance
				  with the applicable code or standard under which they were built.
C. All ASTs shall contain a release
				  prevention barrier (RPB) either under or in the bottom of the tank. The RPB
				  shall be capable of (i) preventing the release of the oil and (ii) containing
				  or channeling the oil for leak detection. Existing elevated ASTs that are
				  installed in containment areas meeting the requirements of an RPB or that are
				  located within earthen containment dikes and are included in the daily and
				  weekly inspections required by
				  9VAC25-91-130
				  B 5 shall be considered to be in compliance with the requirements of this
				  section.
D. All ASTs altered as
				  required by this section shall meet the applicable standards and requirements
				  found in the Uniform Statewide Building Code or other standards approved by the
				  department. Approval and all applicable permits shall be obtained from the
				  local building official before altering ASTs.
E. Operators of facilities subject to this
				  section shall meet the performance standards of this section no later than July
				  1, 2021.
Statutory Authority: §§ 62.1-44.15,
						62.1-44.34:15, 62.1-44.34:15.1, and 62.1-44.34:19.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 91 - FACILITY AND ABOVEGROUND STORAGE TANK (AST) REGULATION › Part III - Pollution Prevention Requirements › Section 9VAC25-91-150 - Recordkeeping and access to facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each operator
				  of a facility subject to this chapter shall maintain the following records:
1. All records relating to all required
				  measurements and inventory and reconciliation of oil at the facility;
2. All records relating to required tank/pipe
				  testing;
3. All records relating to
				  spill events and other discharges of oil from the facility;
4. All supporting documentation for developed
				  contingency plans;
5. All records
				  for implementation and monitoring of leak detection and applicable provisions
				  of
				  9VAC25-91-170
				  A 18 of Part IV (9VAC25-91-170,
				  Oil Discharge Contingency Plan (ODCP) Requirements) of this chapter;
6. All records relating to training of
				  individuals;
7. All records
				  relating to facility and tank inspections; and
8. Any records required to be kept by statute
				  or regulation of the board.