reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part V - Fees › Section 9VAC25-900-220 - Application fee schedule

Current through Register Vol. 40, No. 24, July 15, 2024
A. Fees.
Table 1. Perpetual Nutrient Credits Certification
								Application Fees
Base Fee
$3,000
Supplementary Fees - Total Number of Perpetual
								Phosphorus Credits (X)
X = 30
$1,000
30 < X = 60
$3,000
60 < X = 90
$5,000
X > 90
$7,000
Table 2. Term Nutrient Credits Certification Application
					 Fees
Base Fee
$3,000
Supplementary Fees
$/(Credit*Term Years)
1st 100 term nutrient credits (1 to 100)
$4.00
2nd 100 term nutrient credits (101 to 200)
$3.00
3rd 100 term nutrient credits (201 to 300)
$2.00
4th 100 term nutrient credits (> 300)
$1.00
Table 3. Renewal Term Nutrient Credits Certification
					 Application Fees
Base Fee
$1,000
Supplementary Fees
$/(Credit*Term Years)
1st 100 term nutrient credits (1 to 100)
$4.00
2nd 100 term nutrient credits (101 to 200)
$3.00
3rd 100 term nutrient credits (201 to 300)
$2.00
4th 100 term nutrient credits (> 300)
$1.00
B.
				  Illustrative examples.
1. Example 1. The
				  applicant is submitting an application for nutrient credit certification of a
				  nutrient credit-generating project that will generate perpetual credits. The
				  number of potential perpetual credits calculated is 150. The required fee is
				  calculated as follows:
Base fee
$3,000
Supplementary fee for 150 perpetual P
								credits
+$7,000
Total fee
= $10,000
2.
				  Example 2. The applicant is submitting an application for nutrient credit
				  certification of a nutrient credit-generating project that generated credits
				  with a five-year term. The number of potential nutrient credits calculated is
				  275. The required fee is calculated as follows:
Base fee
$3,000
Supplementary fee for 1 to 100 credits
+(100*5*$4)=$2,000
Supplementary fee for 101 to 200 credits
+(100*5*$3)=$1,500
Supplementary fee for 201 to 275 credits
+ (75*5*$2)= $750
Total fee
= $7,250
3.
				  Example 3. The applicant is submitting a renewal application for annual credits
				  generated at a nutrient credit-generating project for a five-year term. The
				  number of annual credits being renewed for another term is 165. The required
				  fee is calculated as follows:
Base fee
$1,000
Supplementary fee for 1 to 100 credits
+(100*5*$4)=$2,000
Supplementary fee for 101 to 200 credits
+(65*5*$3)=$975
Total fee
= $3,975
4.
				  Example 4. The applicant is submitting an application for nutrient credit
				  certification of a nutrient credit-generating project that generates credits
				  with a five-year term. The number of potential nutrient credits calculated is
				  1000. The required fee is calculated as follows:
Base fee
$3,000
Supplementary fee for 1 to 100 credits
+(100*5*$4)=$2,000
Supplementary fee for 101 to 200 credits
+(100*5*$3)=$1,500
Supplementary fee for 201 to 300 credits
+(100*5*$2)=$1,000
Supplementary fee for 301 to 1000 credits
+(700*5*$1)=$3,500
Total
Total fee
= $11,000
= $10,000 (fee cannot exceed $10,000)
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part VI - Financial Assurance › Section 9VAC25-900-240 - Suspension of nutrient credit exchange

Current through Register Vol. 40, No. 24, July 15, 2024
Failure to provide or maintain adequate evidence of
					 financial assurance in accordance with this part shall be cause for the
					 department to suspend the exchange of credits in accordance with 9VAC25-900-170
					 or terminate the nutrient credit certification in accordance with
					 9VAC25-900-180.
Statutory Authority: §
												62.1-44.19:20
						of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part VI - Financial Assurance › Section 9VAC25-900-250 - Cost estimates for perpetual and term credit nutrient credit-generating projects

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  owner of a nutrient credit-generating project shall prepare for approval by the
				  department a detailed written cost estimate providing the cost of repairing or
				  restoring, as appropriate, and operating and maintaining any structural BMPs
				  required to submit and maintain financial assurance pursuant to 9VAC25-900-230.
				  This written cost estimate shall be submitted as part of the application in
				  accordance with 9VAC25-900-80 and shall include:
1. For structural BMPs generating perpetual
				  nutrient credits, the cost estimate shall equal the full cost for repairing or
				  restoring, as appropriate, the structural BMPs plus the cost for fifty years of
				  operation and maintenance of the structural BMPs in accordance with the
				  implementation plan.
2. For
				  structural BMPs generating term nutrient credits, the cost estimate shall equal
				  the full cost for repairing or restoring, as appropriate, the structural BMPs
				  plus the cost for the operation and maintenance of the structural BMPs in
				  accordance with the implementation plan for the term of the credits or for five
				  years, whichever is less.
3. The
				  cost estimate shall be based on and include the costs of hiring a third party
				  to either repair or restore and operate and maintain the structural BMPs
				  generating nutrient credits. The third party may not be either a parent
				  corporation or subsidiary of the owner.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part VI - Financial Assurance › Section 9VAC25-900-260 - Financial assurance requirements for term credits

Current through Register Vol. 40, No. 24, July 15, 2024
A. For a nutrient credit-generating project
				  generating term credits and required to submit and maintain financial assurance
				  pursuant to 9VAC25-900-230, the owner shall demonstrate financial assurance
				  using any one or a combination of the mechanisms specified in 9VAC25-900-290
				  through 9VAC25-900-330.
B. The
				  financial assurance mechanism shall provide funding for the full amount of the
				  cost estimate at all times.
C. The
				  financial assurance mechanism used to provide evidence of the financial
				  assurance shall ensure that the funds necessary will be available whenever they
				  are needed.
D. The owner shall
				  provide continuous financial assurance coverage for the term credit nutrient
				  credit-generating project in accordance with this part until released by the
				  department.
E. After submittal of a
				  complete financial assurance mechanism, the department shall notify the owner
				  of the tentative decision to approve or reject the financial assurance
				  mechanism.
F. A financial assurance
				  mechanism must be in a form that ensures that the department will receive
				  proper notification in advance of any termination or revocation. The owner may,
				  at their discretion and with prior approval of the department, replace the
				  financial assurance or financial institution that issued the financial
				  assurance. The owner shall provide the department with prior notice of its
				  desire to replace the issuing institution and a draft of the new mechanism for
				  review. The provisions of the new mechanism shall conform to the provisions of
				  the former mechanism and this part.
Statutory Authority: §
												62.1-44.19:20
						of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part VI - Financial Assurance › Section 9VAC25-900-280 - Allowable financial mechanisms

Current through Register Vol. 40, No. 24, July 15, 2024
A. Subject to the
				  limitations and requirements outlined in
				  9VAC25-900-260
				  and
				  9VAC25-900-270,
				  an owner of nutrient credit-generating project using structural BMPs to
				  generate term or perpetual nutrient credits and required to submit financial
				  assurance pursuant to
				  9VAC25-900-230
				  may use any one or combination of mechanisms listed in
				  9VAC25-900-290 through
				  9VAC25-900-330 to meet
				  the financial assurance requirements of this chapter.
B. Subject to the limitation and requirements
				  outlined in
				  9VAC25-900-270,
				  an owner of a nutrient credit-generating project utilizing wetland or stream
				  restoration practices to generate perpetual credits and required to submit
				  financial assurance pursuant to
				  9VAC25-900-230,
				  may use any one or combination of mechanisms listed in
				  9VAC25-900-290 through
				  9VAC25-900-330 to meet
				  the financial assurance requirements for the monitoring plan; however, only a
				  trust fund may be used to meet the financial assurance requirements for the
				  long-term management fund, unless a third-party long-term steward is approved
				  by the department in accordance with 9VAC25-230 C 3.
Statutory Authority: § 62.1-44.19:20 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part VI - Financial Assurance › Section 9VAC25-900-290 - Trust

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner may
				  satisfy the requirements of this part by establishing a trust fund that
				  conforms to the requirements of this section and by submitting an originally
				  signed triplicate of the trust agreement to the director. The owner shall also
				  place a copy of the trust agreement into the nutrient credit-generating
				  project's operating record. The trustee for the trust fund shall be a bank or
				  financial institution that has the authority to act as a trustee and whose
				  trust operations are regulated and examined by a state or federal
				  agency.
B. Payments into the trust
				  fund shall be made by the owner whenever necessary under the requirements of
				  9VAC25-900-260 or 9VAC25-900-270.
C. During any annual period when a payment
				  into the fund is necessary under the applicable requirements outlined in
				  9VAC25-900-260 and 9VAC25-900-270, the owner must submit the following
				  information to the director no later than the anniversary date of the initial
				  approval by the department of the release of credits for exchange:
1. The calculation for determining the
				  appropriate payment amount into the trust; and
2. A statement from the trustee indicating
				  the amount of the currently required deposit into the trust fund and the
				  subsequent balance of the fund.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part VI - Financial Assurance › Section 9VAC25-900-300 - Surety bond

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner may
				  satisfy the requirements of this part by obtaining a surety bond that conforms
				  to the requirements of this section and by submitting an originally signed
				  duplicate of the bond to the department. The surety company issuing the bond
				  shall be licensed to operate as a surety in the Commonwealth of Virginia and be
				  among those listed as acceptable sureties on federal bonds in the latest
				  Circular 570 of the U.S. Department of the Treasury.
B. Under the terms of the bond, the surety
				  shall become liable on the bond obligation when the owner fails to perform as
				  guaranteed by the bond.
C. The bond
				  shall guarantee that the owner or any other authorized person shall perform all
				  or any of the following activities for which the bond is used to satisfy the
				  requirements of this part:
1. Operate and
				  maintain, monitor, repair, or replace any practices for achieving nutrient
				  reductions at the nutrient credit-generating project in question and in
				  accordance with the nutrient credit certification; or,
2. Operate and maintain, monitor, repair, or
				  replace any practices following an order to do so that has been issued by the
				  department or by a court.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part VI - Financial Assurance › Section 9VAC25-900-320 - Certificate of deposit

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner
				  may satisfy the requirements of this chapter, wholly or in part, by obtaining a
				  certificate of deposit and assigning all rights, title, and interest in the
				  certificate of deposit to the department, conditioned so that the owner shall
				  perform the applicable monitoring, operation, and maintenance or repair or
				  replacement for the practices utilized by the nutrient credit-generating
				  project. The issuing institution shall be an entity that has the authority to
				  issue certificates of deposit in the Commonwealth of Virginia and whose
				  operations are regulated and examined by a federal agency or the Virginia State
				  Corporation Commission. The owner must submit the originally signed assignment
				  and the originally signed certificate of deposit, if applicable, to the
				  department.
B. The owner shall
				  compare the cost estimate with the amount of the certificate of deposit:
1. Annually, at least 60 days prior to the
				  anniversary date of the initial approval by the department of the release of
				  credits for exchange. If the amount of the certificate of deposit is less than
				  the amount of the cost estimate, the owner shall, by the anniversary date of
				  the initial approval by the department of the release of credits for exchange,
				  increase the amount of the certificate of deposit so that its value at least
				  equals the amount of the cost estimate, or obtain other financial assurance as
				  specified in this part to cover the difference. If the amount of the
				  certificate of deposit is greater than the total amount of the cost estimate,
				  the owner may submit a written request to the director for permission to
				  withdraw funds from the certificate of deposit to the amount of the cost
				  estimate; and
2. Whenever the cost
				  estimate changes. If the amount of the certificate of deposit is less than the
				  amount of the new cost estimate, the owner shall, within 60 days of the change
				  in the cost estimate, increase the amount of certificate of deposit so that its
				  value at least equals the amount of the new estimate or obtain other financial
				  assurance as specified in this part to cover the difference. If the amount of
				  the certificate of deposit is greater than the total amount of the cost
				  estimate, the owner may submit a written request to the director for permission
				  to withdraw funds from the certificate of deposit to the amount of the cost
				  estimate.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part VI - Financial Assurance › Section 9VAC25-900-330 - Insurance

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner may
				  demonstrate financial assurance for applicable costs for monitoring, repair, or
				  replacement or operation and maintenance by obtaining insurance that conforms
				  to the requirements of this section. The insurance shall be effective before
				  the credits are released by the department for exchange. The insurer must be
				  licensed pursuant to Chapter 10 (§
										38.2-1000
				  et seq.) of Title 38.2 of the Code of Virginia. The owner shall provide the
				  department with a signed copy of the insurance policy. The department shall be
				  listed as an additional insured on the policy, but the department shall not be
				  obligated for payment of the premium in any manner.
B. The insurance policy shall guarantee that
				  funds will be available to fund (i) for projects using wetland or stream
				  restoration, the cost for fulfilling the requirements of the monitoring plan or
				  (ii) for projects using structural BMPs, the reasonable and necessary cost of
				  repair, replacement, or operation and maintenance or any combination of these
				  activities.
C. The owner shall
				  compare the cost estimate with the liability limit of the insurance policy:
1. Annually, at least 60 days prior to the
				  anniversary date of the initial approval by the department of the release of
				  credits for exchange. If the liability limit of the insurance policy is less
				  than the amount of the cost estimate, the owner shall, by the anniversary date
				  of the initial approval by the department of the release of credits for
				  exchange, increase the liability limit of the insurance policy so that it at
				  least equals the amount of the cost estimate, or obtain other financial
				  assurance as specified in this part to cover the difference. If the liability
				  limit of the insurance policy is greater than the total amount of the cost
				  estimate, the owner may submit a written request to the director for permission
				  to lower the liability limit of the insurance policy to the amount of the cost
				  estimate; and
2. Whenever the cost
				  estimate changes. If the liability limit of the insurance policy is less than
				  the amount of the new cost estimate, the owner shall, within 60 days of the
				  change in the cost estimate, increase the liability limit of the insurance
				  policy so that it at least equals the amount of the new estimate or obtain
				  other financial assurance as specified in this part to cover the difference. If
				  the liability limit of the insurance policy is greater than the total amount of
				  the cost estimate, the owner may submit a written request to the director for
				  permission to lower the liability limit of the insurance policy to the amount
				  of the cost estimate.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part VI - Financial Assurance › Section 9VAC25-900-340 - Incapacity of financial providers or owner

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner that fulfills the requirements of
				  this part by obtaining a trust fund, a letter of credit, a surety bond, or an
				  insurance policy shall be deemed to be without the required financial assurance
				  in the event of bankruptcy of the trustee or issuing institution, or a
				  suspension or revocation of the authority of the trustee institution to act as
				  trustee or of the institution issuing a surety bond, letter of credit, or
				  insurance policy to issue such mechanisms. The owner or operator shall
				  establish other financial assurance within 60 days of such event.
B. An owner shall notify the director by
				  certified mail of the commencement of a voluntary or involuntary proceeding
				  under Title 11 (Bankruptcy) of the United States Code, naming the owner or
				  operator as debtor, within 10 days after commencement of the
				  proceeding.
Statutory Authority: §
												62.1-44.19:20
						of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part VI - Financial Assurance › Section 9VAC25-900-350 - Wording of the financial assurance mechanism

Current through Register Vol. 40, No. 24, July 15, 2024
A. The wording
				  of the financial assurance mechanisms shall be as provided in this
				  section.
B. Wording of trust
				  agreements.
(NOTE: Instructions in parentheses are to be replaced with
					 the applicable information for the nutrient credit-generating project's
					 practices (i.e., structural BMPs or wetland/stream restoration) and the
					 non-relevant information and parentheses deleted.)
TRUST AGREEMENT
Trust agreement, the "Agreement," entered into as of (date)
					 by and between (name of the owner), a (State) (corporation, partnership,
					 association, proprietorship), the "Grantor," and (name of corporate trustee), a
					 (State corporation) (national bank), the "Trustee."
Whereas, the State Water Control Board has established
					 certain regulations applicable to the Grantor, requiring that the owner of a
					 nutrient credit-generating project must provide assurance that funds will be
					 available when needed for (operation and maintenance and/or repair or
					 replacement of the project's structural BMPs) (monitoring and/or long-term
					 maintenance of the project's wetland/stream restoration),
Whereas, the Grantor has elected to establish a trust to
					 provide (all or part of) such financial assurance for the project identified
					 herein,
Whereas, the Grantor, acting through its duly authorized
					 officers, has selected the Trustee to be the trustee under this agreement, and
					 the Trustee is willing to act as trustee,
Now, therefore, the Grantor and the Trustee agree as
					 follows:
Section 1. Definitions. As
				  used in this Agreement:
A. The term
				  "fiduciary" means any person who exercises any power of control, management, or
				  disposition or renders investment advice for a fee or other compensation,
				  direct or indirect, with respect to any moneys or other property of this trust
				  fund, or has any authority or responsibility to do so, or who has any authority
				  or responsibility in the administration of this trust fund.
B. The term "Grantor" means the owner who
				  enters into this Agreement and any successors or assigns of the
				  Grantor.
C. The term "Trustee"
				  means the Trustee who enters into this Agreement and any successor
				  Trustee.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-900)

Current through Register Vol. 40, No. 24, July 15, 2024
DCR
				  Specifications for No. FR-3, Woodland Buffer Filter Area, Virginia Agricultural
				  Cost Share BMP Manual, Program Year 2020 (rev. April 2019), Department of
				  Conservation and Recreation
DCR
				  Specifications for No. SL-8B, Small Grain Cover Crop for Nutrient Management
				  and Residue Management, Virginia Agricultural Cost Share BMP Manual, Program
				  Year 2020 (rev. April 2019), Department of Conservation and
				  Recreation
DCR
				  Specifications for No. WP-2W, Stream Protection, Virginia Agricultural Cost
				  Share BMP Manual, Program Year 2020 (rev. April 2019), Department of
				  Conservation and Recreation
DCR
				  Specifications for No. WQ-1, Grass Filter Strips, Virginia Agricultural Cost
				  Share BMP Manual, Program Year 2020 (rev. April 2019), Department of
				  Conservation and Recreation
Virginia's Forestry Best Management Practices for Water
				  Quality Technical Manual, Fifth Edition 2011, Department of Forestry. Available
				  at
http://www.dof.virginia.gov/infopubs/BMP-Technical-Guide_pub.pdf
.
Virginia
				  Chesapeake Bay TMDL Phase I Watershed Implementation Plan, November 29, 2010,
				  Department of Environmental Quality
Virginia
				  Chesapeake Bay TMDL Phase II Watershed Implementation Plan, March 30, 2012,
				  Department of Environmental Quality
Virginia
				  Agricultural BMP Cost Share Manual, Program Year 2020, Department of
				  Conservation and Recreation, Division of Soil and Water Conservation, Richmond,
				  Virginia
Virginia
				  Invasive Plant Species List, 2014, Department of Conservation and Recreation,
				  Division of Natural Heritage, Richmond, Virginia
Field Office Technical Guide, Natural Resources Conservation
				  Service, United States Department of Agriculture, Washington, D.C. (Web-based
				  document available at the following internet address:
https://efotg.sc.egov.usda.gov/#/details
)
Statutory Authority: §
											62.1-44.19:20
					 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 910 - GENERAL PERMIT FOR USE OF SURFICIAL AQUIFER ON THE EASTERN SHORE › Section 9VAC25-910-20 - Information requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Pursuant to
				  9VAC25-610-380,
				  the board may request (i) such plans, specifications, and other pertinent
				  information as may be necessary to determine the effect of an applicant's
				  groundwater withdrawal; and (ii) such other information as may be necessary to
				  accomplish the purposes of this chapter. Any owner, permittee, or person
				  applying for a general permit coverage shall provide the information requested
				  by the board.
Statutory Authority: §§ 62.1-256 and 62.1-262.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 910 - GENERAL PERMIT FOR USE OF SURFICIAL AQUIFER ON THE EASTERN SHORE › Section 9VAC25-910-30 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish a general permit
				  for the use of the surficial aquifer in the Eastern Shore Groundwater
				  Management Area under the provisions of 9VAC25-610. Applications for coverage
				  under this general permit shall be processed for approval or denial by the
				  board. Coverage or application denial by the board shall constitute the general
				  permit action and shall follow all provisions in the Ground Water Management
				  Act of 1992 (§ 62.1-254 et seq. of the Code of Virginia), except for the
				  public comment and participation provisions, from which each general permit
				  action is exempt.
Statutory Authority: §§ 62.1-256 and 62.1-262.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 910 - GENERAL PERMIT FOR USE OF SURFICIAL AQUIFER ON THE EASTERN SHORE › Section 9VAC25-910-40 - Delegation of authority

Current through Register Vol. 40, No. 24, July 15, 2024
The director or an authorized representative may perform any
				  act of the board provided under this chapter, except as limited by §
				  62.1-44.14 of the Code of Virginia.
Statutory Authority: §§ 62.1-256 and 62.1-262.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 910 - GENERAL PERMIT FOR USE OF SURFICIAL AQUIFER ON THE EASTERN SHORE › Section 9VAC25-910-50 - Effective date of the permit

Current through Register Vol. 40, No. 24, July 15, 2024
The general permit in 9VAC25-910-90 becomes effective on
				  December 21, 2022, and expires on December 21, 2037. Any coverage that is
				  granted pursuant to 9VAC25-910-90 shall remain in full force and effect until
				  11:59 p.m. on December 21, 2037, unless the general permit coverage is
				  terminated or revoked on or before that date.
Statutory Authority: §§ 62.1-256 and 62.1-262.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 910 - GENERAL PERMIT FOR USE OF SURFICIAL AQUIFER ON THE EASTERN SHORE › Section 9VAC25-910-60 - Authorization to withdraw groundwater from the surficial aquifer of the Eastern Shore

Current through Register Vol. 40, No. 24, July 15, 2024
A. A person granted
				coverage under the general permit may withdraw groundwater from the surficial
				aquifer of the Eastern Shore Groundwater Management Area, as defined in
				9VAC25-910-10, provided that:
1. The applicant
				submits an application in accordance with 9VAC25-910-80;
2. The applicant remits any required permit
				application fee;
3. The applicant
				receives general permit coverage from the Department of Environmental Quality
				under 9VAC25-910-90 and complies with the limitations and other requirements of
				the general permit, the general permit coverage letter, and the Ground Water
				Management Act of 1992 and attendant regulations; and
4. The applicant has not been required to
				obtain an individual permit under 9VAC25-610 for the proposed project
				withdrawals. An applicant that is eligible for general permit coverage may, at
				the applicant's discretion, seek an individual permit instead of coverage under
				this general permit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 910 - GENERAL PERMIT FOR USE OF SURFICIAL AQUIFER ON THE EASTERN SHORE › Section 9VAC25-910-70 - Reasons to deny coverage

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board shall
				deny application for coverage under this general permit to:
1. An activity outside the Eastern Shore
				Groundwater Management Area.
2. An
				activity in an aquifer other than the surficial aquifer of the Eastern Shore
				Groundwater Management Area.
3. A
				well with a maximum depth greater than 80 feet below land surface, unless the
				applicant provides geophysical logs with the application that show the maximum
				depth of the well is constructed within the surficial aquifer of the Eastern
				Shore Groundwater Management Area, as determined by department review. Wells
				with a maximum depth less than or equal to 80 feet below land surface do not
				require submission of geophysical logs.
4. An activity that causes, may reasonably be
				expected to cause, or may contribute to causing more than minimal water level
				declines in the underlying confined aquifer system or degradation in water
				quality, stream or wetland hydrology, or other instream beneficial
				uses.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 910 - GENERAL PERMIT FOR USE OF SURFICIAL AQUIFER ON THE EASTERN SHORE › Section 9VAC25-910-90 - General permit

Current through Register Vol. 40, No. 24, July 15, 2024
An owner whose application is accepted by the board will
				  receive coverage under the following permit and shall comply with the
				  requirements in the permit and be subject to all requirements of
				  9VAC25-610.
GENERAL PERMIT FOR GROUNDWATER WITHDRAWALS FROM THE SURFICIAL
				  AQUIFER OF THE EASTERN SHORE GROUNDWATER MANAGEMENT AREA.
Effective date: December 21, 2022.
Expiration date: December 21, 2037.
Pursuant to § 62.1-256 of the Ground Water Management
				  Act of 1992 (§ 62.1-254 et seq. of the Code of Virginia) and Groundwater
				  Withdrawal Regulations (9VAC25-610), the State Water Control Board hereby
				  authorizes the permittee to withdraw and use groundwater in accordance with
				  this permit.
The authorized withdrawals shall be in accordance with the
				  information submitted with the application, this cover page, Part I - Operating
				  Conditions, and Part II - Conditions Applicable to All Groundwater Withdrawal
				  Permits, as set forth in this general permit.
PART I
Operating Conditions
A. Authorized withdrawal. The withdrawal of
				groundwater shall be limited to the wells identified in the groundwater
				withdrawal application submitted in accordance with 9VAC25-910-80.
B. Reporting.
1. Water withdrawn from each well shall be
				recorded monthly at the end of each month, and reported to the department
				annually, in paper or electronic format, on a form provided by the department,
				by July 10 for the respective previous 12 months. Records of water use shall be
				maintained by the permittee in accordance with Part II F 1 through F 4 of this
				general permit.
2. The permittee
				shall report any amount in excess of the permitted withdrawal limit by the
				fifth day of the month following the month when such a withdrawal occurred.
				Failure to report may result in compliance or enforcement activities.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 910 - GENERAL PERMIT FOR USE OF SURFICIAL AQUIFER ON THE EASTERN SHORE › Form - FORMS (9VAC25-910)

Current through Register Vol. 40, No. 24, July 15, 2024
Application
				  for an Eastern Shore Surficial Aquifer Groundwater Withdrawal General Permit,
				  DEQ Form GWP-ESGP Application (eff. 9/2020)
Eastern
				  Shore Surficial Aquifer General Permit Annual Groundwater Withdrawal Report,
				  DEQ Form GWP-ESGP-Reporting (eff. 12/2020)
Eastern
				  Shore Surficial Aquifer General Permit Groundwater Withdrawal Water
				  Conservation and Management Audit Form, DEQ Form GWP-ESGP-WCMP (eff.
				  12/2020)
Groundwater
				  Withdrawal Permit Uncontested Termination Agreement Form, DEQ Form
				  GWP-Termination (rev. 12/2020)
Local
				  Government Ordinance Form, DEQ Form GWP-LGOF (rev. 8/2019)
Uniform
				  Water Well Completion Report, Form GW-2 (rev. 8/2016)
Statutory Authority: §§ 62.1-256 and 62.1-262.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 920 - GENERAL PERMIT FOR THE USE OF IRRIGATION WITHDRAWALS FROM THE SURFICIAL AQUIFER GREATER THAN 300,000 GALLONS IN ANY ONE MONTH › Section 9VAC25-920-20 - Information requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Pursuant to
				  9VAC25-610-380,
				  the department may request (i) such plans, specifications, and other pertinent
				  information as may be necessary to determine the effect of an applicant's
				  groundwater withdrawal; and (ii) such other information as may be necessary to
				  accomplish the purposes of this chapter. Any owner, permittee, or person
				  applying for a general permit coverage shall provide the information requested
				  by the department.
Statutory Authority: §§ 62.1-256, 62.1-258.1, and
					 62.1-266 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 920 - GENERAL PERMIT FOR THE USE OF IRRIGATION WITHDRAWALS FROM THE SURFICIAL AQUIFER GREATER THAN 300,000 GALLONS IN ANY ONE MONTH › Section 9VAC25-920-30 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish a general permit
				  for the use of irrigation water withdrawals from the surficial aquifer greater
				  than 300,000 gallons in any one month under the provisions of 9VAC25-610.
				  Applications for coverage under this general permit shall be processed for
				  approval or denial by the department. Coverage or application denial by the
				  department shall constitute the general permit action and shall follow all
				  provisions in the Ground Water Management Act of 1992 (§ 62.1-254 et seq.
				  of the Code of Virginia), except for the public comment and participation
				  provisions, from which each general permit action is exempt.
Statutory Authority: §§ 62.1-256, 62.1-258.1, and
					 62.1-266 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 920 - GENERAL PERMIT FOR THE USE OF IRRIGATION WITHDRAWALS FROM THE SURFICIAL AQUIFER GREATER THAN 300,000 GALLONS IN ANY ONE MONTH › Section 9VAC25-920-40 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62.1-256, 62.1-258.1, and
					 62.1-266 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 920 - GENERAL PERMIT FOR THE USE OF IRRIGATION WITHDRAWALS FROM THE SURFICIAL AQUIFER GREATER THAN 300,000 GALLONS IN ANY ONE MONTH › Section 9VAC25-920-50 - Effective date of the permit

Current through Register Vol. 40, No. 24, July 15, 2024
The general permit in 9VAC25-920-90 becomes effective on
				  November 9, 2022, and expires on November 9, 2037. Any coverage that is granted
				  pursuant to 9VAC25-920-90 shall remain in full force and effect until 11:59
				  p.m. on November 9, 2037, unless the general permit coverage is terminated or
				  revoked on or before that date.
Statutory Authority: §§ 62.1-256, 62.1-258.1, and
					 62.1-266 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 920 - GENERAL PERMIT FOR THE USE OF IRRIGATION WITHDRAWALS FROM THE SURFICIAL AQUIFER GREATER THAN 300,000 GALLONS IN ANY ONE MONTH › Section 9VAC25-920-60 - Authorization to withdrawal groundwater from the surficial aquifer of a groundwater management area

Current through Register Vol. 40, No. 24, July 15, 2024
A. A person granted
				coverage under this general permit may withdraw groundwater from the surficial
				aquifer of the Eastern Shore Groundwater Management Area or the Eastern
				Virginia Groundwater Management Area, as defined in this chapter, provided
				that:
1. The applicant submits an application
				in accordance with 9VAC25-920-90;
2. The applicant remits any required permit
				application fee;
3. The applicant
				receives general permit coverage from the Department of Environmental Quality
				under 9VAC25-920-100 and complies with the limitations and other requirements
				of the general permit, the general permit coverage letter, and the Ground Water
				Management Act of 1992 and attendant regulations; and
4. The applicant has not been required to
				obtain an individual permit under 9VAC25-610 for the proposed project
				withdrawals. Any applicant that is eligible for general permit coverage may, at
				the applicant's discretion, seek an individual permit instead of coverage under
				this general permit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 920 - GENERAL PERMIT FOR THE USE OF IRRIGATION WITHDRAWALS FROM THE SURFICIAL AQUIFER GREATER THAN 300,000 GALLONS IN ANY ONE MONTH › Section 9VAC25-920-70 - Reasons to deny coverage

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department
				shall deny application for coverage under this general permit to:
1. An activity outside a groundwater
				management area.
2. An activity in
				an aquifer other than the surficial aquifer of a groundwater management
				area.
3. An activity that causes,
				may reasonably be expected to cause, or may contribute to causing more than
				minimal water level declines in the underlying confined aquifer system or
				degradation in water quality, stream or wetland hydrology, or other instream
				beneficial uses.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 920 - GENERAL PERMIT FOR THE USE OF IRRIGATION WITHDRAWALS FROM THE SURFICIAL AQUIFER GREATER THAN 300,000 GALLONS IN ANY ONE MONTH › Section 9VAC25-920-80 - Exclusions

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				unlawful on or after November 9, 2022, for any person to construct a well for
				nonagricultural irrigation withdrawal purposes greater than 300,000 gallons in
				any one month in a groundwater management area except in the surficial aquifer,
				unless the Department of Environmental Quality has determined the quantity or
				quality of the groundwater in the surficial aquifer, as provided in subsection
				B of this section, is not adequate to supply the proposed beneficial
				use.
B. Any person may construct a
				well for nonagricultural irrigation purposes in a groundwater management area
				outside of the surficial aquifer if any of the following criteria for the
				proposed location for surficial water withdrawal are documented to the
				satisfaction of the department:
1. That a
				ratio of greater than one surficial well per acre would be required to support
				the proposed beneficial use water withdrawal volume based on the yield test
				results from at a minimum of two surficial aquifer test wells, separated by a
				minimum of 500 feet, unless the Department of Environmental Quality has
				determined that the separation distance between test wells can be less than 500
				feet;
2. That any two surficial
				aquifer water quality sample tests, analysis, measurements, or monitoring
				results at the proposed or existing water withdrawal site conducted by a
				laboratory certified by the Environmental Laboratory Certification Program
				(§ 2.2-1105 of the Code of Virginia), Certification for Noncommercial
				Environmental Laboratories (1VAC30-45), or Accreditation for Commercial
				Environmental Laboratories (1VAC30-46) and collected at least 30 days but no
				more than 60 days apart, exceeds any of the water quality values as follows:
a. Bicarbonate levels greater than 120
				mg/l;
b. Chloride (Cl) levels
				greater than 70 mg/l;
c. Sodium
				(Na) levels greater than 70 mg/l;
d. Manganese (Mn) levels greater than 0.2
				mg/l;
e. Iron (Fe) levels greater
				than 5 mg/l; or
f. Electric
				conductivity greater than 1.5 ds/m.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 920 - GENERAL PERMIT FOR THE USE OF IRRIGATION WITHDRAWALS FROM THE SURFICIAL AQUIFER GREATER THAN 300,000 GALLONS IN ANY ONE MONTH › Form - FORMS (9VAC25-920)

Current through Register Vol. 40, No. 24, July 15, 2024
Application
				  for a General Permit for the Use of Irrigation Withdrawals from the Surficial
				  Aquifer Greater Than 300,000 Gallons in Any One Month, GWP-SAGP-Application
				  (eff. 12/2021)
General
				  Permit For The Use Of Irrigation Withdrawals From the Surficial Aquifer Greater
				  Than 300,000 Gallons in Any One Month Groundwater Withdrawal Water Conservation
				  and Management Audit Form, GWP-SAGP-WCMP (eff. 12/2021)
General
				  Permit For The Use Of Irrigation Withdrawals From The Surficial Aquifer Greater
				  Than300,000 Gallons In Any One Month Annual Groundwater Withdrawal Report,
				  GWP-SAGP-Reporting (eff. 12/2021)
Groundwater
				  Withdrawal Permit Uncontested Termination Agreement Form, GWP-Termination
				  (eff.12/2020)
Local
				  Government Ordinance Form, GWP-LGOF (rev. 8/2019)
Uniform
				  Water Well Completion Report Form GW-2 (rev. 8/2016)
Statutory Authority: §§ 62.1-256, 62.1-258.1, and
					 62.1-266 of the Code of Virginia.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 20 - BANKING AND SAVINGS INSTITUTIONS › Section 10VAC5-20-10 - Interest rate for state-chartered banks

Current through Register Vol. 40, No. 24, July 15, 2024
State-chartered banks in Virginia may take, receive, reserve
				  and charge on any loan or discount made at a rate of 1.0% above the discount
				  rate on 90 day commercial paper now and hereafter in effect at the Federal
				  Reserve Bank for the Fifth Federal Reserve District, and they hereby are so
				  empowered.
Statutory Authority
§ 6.2-310 of the Code of Virginia.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 20 - BANKING AND SAVINGS INSTITUTIONS › Section 10VAC5-20-20 - Reserves of Virginia banks

Current through Register Vol. 40, No. 24, July 15, 2024
The percentage of reserves to be maintained against deposits,
				  as established in accordance with § 6.2-889 of the Code of Virginia, shall
				  be: 0.0% against demand deposits, and 0.0% against time deposits.
This chapter shall not relieve any bank from complying with
				  all applicable federal laws and with Regulation D, "Reserve Requirements of
				  Depository Institutions," of the Board of Governors of the Federal Reserve
				  System.
Statutory Authority
§§ 6.2-889 and 12.1-13 of the Code of Virginia.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 20 - BANKING AND SAVINGS INSTITUTIONS › Section 10VAC5-20-30 - Schedule prescribing annual fees paid for examination, supervision, and regulation of state-chartered banks and savings institutions

Current through Register Vol. 40, No. 24, July 15, 2024
Pursuant to the provisions of §§ 6.2-908 and
				  6.2-1202 of the Code of Virginia, the State Corporation Commission hereby sets
				  the following schedule of annual fees to be paid by state-chartered banks,
				  savings institutions, and savings banks for their examination, supervision, and
				  regulation:
SCHEDULE
Asset Interval
Fee
Assets Exceeding
But Not Exceeding
This Amount
Plus
Assets Exceeding
$0
$5 million
$6,900
0
x
5 million
25 million
6,900
.0004025
x
$5 million
25 million
100 million
14,950
.00023
x
25 million
100 million
200 million
32,200
.0001725
x
100 million
200 million
1 billion
49,450
.0001265
x
200 million
1 billion
5 billion
150,650
.0001035
x
1 billion
5 billion
564,650
.0000805
x
5 billion
The fee assessed using the above schedule shall be rounded
				  down to the nearest whole dollar. The assessment shall be based on the
				  institution's total assets as shown by its Report of Condition as of the close
				  of business for the preceding calendar year.
A bank or savings institution which opens for business
				  January 1 through June 30 shall be assessed a fee of $6,900 for that
				  year.
A bank or savings institution which opens for business on or
				  after July 1 shall be assessed a fee of $5,175 for that year.
Statutory Authority
§§ 6.2-908, 6.2-1202, and 12.1-13 of the Code of
					 Virginia.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 20 - BANKING AND SAVINGS INSTITUTIONS › Section 10VAC5-20-40 - State savings banks; corporate name and investment requirement

Current through Register Vol. 40, No. 24, July 15, 2024
Pursuant to § 6.2-1192 of the Code of Virginia, a state
				  savings bank shall not be required to have as a part of its corporate name the
				  word "savings," regardless of §§ 6.2-939, 6.2-1040, and 6.2-1116 of
				  the Code of Virginia. Further, a state savings bank shall be deemed in
				  compliance with the investment in "real estate loans" requirement of §
				  6.2-1179 if it meets the "qualified thrift lender test" set forth in 12 USC
				  § 1468a(m)(1)(B).
Statutory Authority
§§ 6.2-1192 and 12.1-13 of the Code of Virginia.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 20 - BANKING AND SAVINGS INSTITUTIONS › Section 10VAC5-20-50 - Conversion of mutual to stock association

Current through Register Vol. 40, No. 24, July 15, 2024
A. Conversion authorized. As authorized by
				§ 6.2-1139 of the Code of Virginia, a state mutual savings and loan
				association may convert to a stock association in accordance with this section,
				the Virginia Non-Stock Corporation Act (§ 13.1-801 et seq. of the Code of
				Virginia), and regulations promulgated by the federal Office of Thrift
				Supervision (OTS) relating to mutual-to-stock conversions.
B. Application for conversion. Upon the
				affirmative vote of 2/3 of its board of directors, a state mutual association
				may file with the Bureau of Financial Institutions (bureau) an application to
				convert to a stock association. The application shall be accompanied by a
				filing fee of $1,000.00.
The application shall conform to OTS requirements as to its
				  form and content. (A copy of the conversion application submitted to the OTS
				  may be submitted.) In addition, the application shall include:
1. A certified copy of the minutes of the
				meeting at which the board of directors authorized the association's officers
				to apply for conversion.
2. The
				proposed amended articles of incorporation and bylaws of the stock association
				to be formed.
3. The proposed form
				of notice to members of the meeting at which conversion will be formally
				considered and voted upon, which notice shall include a clear statement to
				account holders that the stock to which they may subscribe will not be an
				insured investment.
4. A statement
				of the time and manner in which such notice will be provided.