Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 20 - FEES FOR PERMITS AND CERTIFICATES › Part I - General › Section 9VAC25-20-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
Unless otherwise defined in this chapter or unless the
					 context clearly indicates otherwise, the terms used in this regulation shall
					 have the meanings ascribed to them by the State Water Control Law, §
					 62.1-44.3; the board's Virginia Pollutant Discharge Elimination System Permit
					 Regulation,
					 9VAC25-31-10; the
					 board's Virginia Pollution Abatement Permit Regulation,
					 9VAC25-32-10; the
					 board's Virginia Water Protection Permit Program Regulation,
					 9VAC25-210-10; the
					 board's Surface Water Management Area Regulation,
					 9VAC25-220-10; and
					 the board's Groundwater Withdrawal Regulations,
					 9VAC25-610-10,
					 including any general permits issued thereunder.
"Applicant" means for the purposes of this chapter any
					 person filing an application for issuance, reissuance, or modification, except
					 as exempted by
					 9VAC25-20-50, of a
					 permit, certificate or special exception or filing a registration statement or
					 application for coverage under a general permit issued in response to Chapters
					 3.1 (§ 62.1-44.2 et seq.), 24 (§ 62.1-242 et seq.), and 25 (§
					 62.1-254 et seq.) of Title 62.1 of the Code of Virginia.
"Application" means for the purposes of this chapter the
					 forms approved by the department for applying for issuance or reissuance of a
					 permit, certificate or special exception or for filing a registration statement
					 or application for coverage under a general permit issued in response to
					 Chapters 3.1, 24, and 25 of Title 62.1 of the Code of Virginia. In the case of
					 modifications to an existing permit, permit authorization, certificate or
					 special exception requested by the permit, permit authorization, certificate or
					 special exception holder and not exempted by
					 9VAC25-20-50, the
					 application shall consist of the formal written request and any accompanying
					 documentation submitted by the permit, permit authorization, certificate or
					 special exception holder to initiate the modification.
"Biosolids" means a sewage sludge that has received an
					 established treatment for required pathogen control and is treated or managed
					 to reduce vector attraction to a satisfactory level and contains acceptable
					 levels of pollutants, such that it is acceptable for use for land application,
					 marketing or distribution in accordance with 9VAC25-31 or 9VAC25-32.
"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.
"Dry tons" means dry weight established as representative
					 of land applied biosolids or industrial residuals, and expressed in units of
					 English tons.
"Existing permit" means for the purposes of this chapter a
					 permit, permit authorization, certificate or special exception issued by the
					 department or general permit issued as a regulation by the board and currently
					 held by an applicant.
"Established fees" means a fee established by the
					 department per dry ton of biosolids or industrial residuals managed by land
					 appliers.
"Industrial residual" means solid or semisolid industrial
					 waste including solids, residues, and precipitates separated or created by the
					 unit processes of a device or system used to treat industrial wastes.
"Land application" means, in regard to sewage, biosolids,
					 and industrial residuals, the distribution of treated wastewater of acceptable
					 quality, referred to as effluent, or stabilized sewage sludge of acceptable
					 quality, referred to as biosolids, or industrial residuals by spreading or
					 spraying on the surface of the land, injecting below the surface of the land,
					 or incorporating into the soil with a uniform application rate for the purpose
					 of fertilizing crops or vegetation or conditioning the soil. Bulk disposal of
					 stabilized sludge or industrial residuals in a confined area, such as in
					 landfills, is not land application. Sites approved for land application of
					 biosolids in accordance with 9VAC25-31 or 9VAC25-32 are not to be considered to
					 be treatment works.
"Land applier" means someone who land applies biosolids or
					 industrial residuals pursuant to a valid permit from the department as set
					 forth in 9VAC25-31 or 9VAC25-32.
"Local monitor" means a person or persons employed by local
					 government to perform the duties of monitoring the operations of land appliers
					 pursuant to a local ordinance.
"Major modification" means for the purposes of this chapter
					 modification or amendment of an existing permit, permit authorization,
					 certificate or special exception before its expiration which is not a minor
					 modification as defined in this regulation.
"Major reservoir" means for the purposes of this chapter
					 any new or expanded reservoir with greater than or equal to 17 acres of total
					 surface water impacts (stream and wetlands), or a water withdrawal of greater
					 than or equal to 3,000,000 gallons in any one day.
"Minor modification" means for the purposes of this chapter
					 minor modification or amendment of an existing permit, permit authorization,
					 certificate or special exception before its expiration as specified in
					 9VAC25-31-400,
					 9VAC25-32-240,
					 9VAC25-210-180,
					 9VAC25-220-230,
					 or in
					 9VAC25-610-330.
					 Minor modification for the purposes of this chapter also means other
					 modifications and amendments not requiring extensive review and evaluation
					 including, but not limited to, changes in EPA promulgated test protocols,
					 increasing monitoring frequency requirements, changes in sampling locations,
					 and changes to compliance dates within the overall compliance schedules. A
					 minor permit modification or amendment does not substantially alter permit
					 conditions, substantially increase or decrease the amount of surface water
					 impacts, increase the size of the operation, or reduce the capacity of the
					 facility to protect human health or the environment.
"Minor reservoir" means for the purposes of this chapter
					 any new or expanded reservoir with less than 17 acres of total surface water
					 impacts (stream and wetlands), or a water withdrawal of less than 3,000,000
					 gallons in any one day.
"New permit" means for the purposes of this chapter a
					 permit, permit authorization, certificate or special exception issued by the
					 department or coverage issued, pursuant to a general permit issued as a
					 regulation adopted by the board, to an applicant that does not currently hold
					 and has never held a permit, permit authorization, certificate or special
					 exception of that type, for that activity, at that location.
"Reimbursement application" means forms approved by the
					 department to be used to apply for reimbursement of local monitoring costs for
					 land application of biosolids or industrial residuals in accordance with the
					 provisions of this regulation. The application shall consist of a formal
					 written request and any accompanying documentation submitted by a local
					 government in accordance with a local ordinance.
"Revoked permit" means, for the purposes of this chapter,
					 an existing permit, permit authorization, certificate or special exception
					 which is terminated by the department before its expiration.
"Single jurisdiction" means for the purposes of this
					 chapter a single county or city. The term county includes incorporated towns
					 which are part of the county.
Statutory Authority: §§ 62.1-44.15:6,
						62.1-44.16, and 62.1-44.19:3 of the Code of
						Virginia.