reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Permit Conditions › Section 9VAC25-31-250 - Schedules of compliance

Current through Register Vol. 40, No. 24, July 15, 2024
A. The permit
				  may, when appropriate, specify a schedule of compliance leading to compliance
				  with the law, the CWA, and regulations.
1.
				  Any schedules of compliance under this section shall require compliance as soon
				  as possible, but not later than the applicable statutory deadline under the
				  CWA.
2. The first VPDES permit
				  issued to a new source or a new discharger shall contain a schedule of
				  compliance only when necessary to allow a reasonable opportunity to attain
				  compliance with requirements issued or revised after commencement of
				  construction but less than three years before commencement of the relevant
				  discharge. For recommencing dischargers, a schedule of compliance shall be
				  available only when necessary to allow a reasonable opportunity to attain
				  compliance with requirements issued or revised less than three years before
				  recommencement of discharge.
3.
				  Schedules of compliance may be established in permits for existing sources
				  which are reissued or modified to contain new or more restrictive water
				  quality-based effluent limitations. The schedule may allow a reasonable period
				  of time for the discharger to attain compliance with the water quality-based
				  limitations.
4. Except as provided
				  in subdivision B 1 b of this section, if a permit establishes a schedule of
				  compliance which exceeds one year from the date of permit issuance, the
				  schedule shall set forth interim requirements and the dates for their
				  achievement.
a. The time between interim
				  dates shall not exceed one year, except that in the case of a schedule for
				  compliance with standards for sewage sludge use and disposal, the time between
				  interim dates shall not exceed six months.
b. If the time necessary for completion of
				  any interim requirement is more than one year and is not readily divisible into
				  stages for completion, the permit shall specify interim dates for the
				  submission of reports of progress toward completion of the interim requirements
				  and indicate a projected completion date.
5. The permit shall be written to require
				  that no later than 14 days following each interim date and the final date of
				  compliance, the permittee shall notify the department in writing of its
				  compliance or noncompliance with the interim or final requirements, or submit
				  progress reports if subdivision 4 b of this subsection is applicable.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Public Involvement › Section 9VAC25-31-260 - Draft permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Once an
				  application is complete, the department shall tentatively decide whether to
				  prepare a draft permit or to deny the application.
B. If the department tentatively decides to
				  deny the permit application, the owner shall be advised of that decision and of
				  the changes necessary to obtain approval. The owner may withdraw the
				  application prior to department action. If the application is not withdrawn or
				  modified to obtain the tentative approval to issue, the department shall
				  provide public notice and opportunity for a public hearing prior to department
				  action on the application.
C. If
				  the department tentatively decides to issue a VPDES general permit, a draft
				  general permit shall be prepared under subsection D of this section.
D. If the department decides to prepare a
				  draft permit, the draft permit shall contain the following information:
1. All conditions under
				  9VAC25-31-190
				  and
				  9VAC25-31-210;
2. All compliance schedules under
				  9VAC25-31-250;
3. All monitoring requirements under
				  9VAC25-31-220;
				  and
4. Effluent limitations,
				  standards, prohibitions, standards for biosolids use or sewage sludge disposal,
				  and conditions under
				  9VAC25-31-190,
				  9VAC25-31-200,
				  9VAC25-31-220,
				  and Part VI (9VAC25-31-370
				  et seq.), and all variances that are to be included.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Public Involvement › Section 9VAC25-31-270 - Statement of basis

Current through Register Vol. 40, No. 24, July 15, 2024
A statement of basis shall be prepared for every draft
					 permit for which a fact sheet under
					 9VAC25-31-280 is not prepared. The
					 statement of basis shall briefly describe the derivation of the conditions of
					 the draft permit and the reasons for them or, in the case of notices of intent
					 to deny or terminate, reasons supporting the tentative decision. The statement
					 of basis shall be sent to the applicant and, on request, to any other
					 person.
Statutory Authority
§§ 62.1-44.15, 62.1-44.16, 62.1-44.17,
						62.1-44.18, and 62.1-44.19 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Public Involvement › Section 9VAC25-31-290 - Public notice of permit actions and public comment period

Current through Register Vol. 40, No. 24, July 15, 2024
A. Scope.
1. The department shall give public notice
				  that the following actions have occurred:
a.
				  A draft permit has been prepared under
				  9VAC25-31-260
				  D;
b. A public hearing has been
				  scheduled under
				  9VAC25-31-310;
				  or
c. A VPDES new source
				  determination has been made under
				  9VAC25-31-180.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Public Involvement › Section 9VAC25-31-300 - Public comments and requests for public hearings

Current through Register Vol. 40, No. 24, July 15, 2024
During the public comment period provided under
					 9VAC25-31-290,
					 any interested person may submit written comments on the draft permit and may
					 request a public hearing, if no public hearing has already been scheduled. A
					 request for a public hearing shall be in writing and shall meet the
					 requirements of 9VAC25-31-315. All comments shall be considered in making the
					 final decision and shall be answered as provided in
					 9VAC25-31-320.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123,
						124, 403, and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Public Involvement › Section 9VAC25-31-310 - Public hearings

Current through Register Vol. 40, No. 24, July 15, 2024
A.
1. Procedures for public hearings for permits
				  before the department are those set forth in 9VAC25-31-315.
2. Public notice of the public hearing shall
				  be given as specified in
				  9VAC25-31-290
				  of this chapter.
3. Any public
				  hearing convened pursuant to this section shall be held in the geographical
				  area of the proposed discharge, or in another appropriate area. Related groups
				  of permit applications may be considered at any such public hearing.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Public Involvement › Section 9VAC25-31-315 - Criteria for requesting and granting a public hearing on an individual permit action

Current through Register Vol. 40, No. 24, July 15, 2024
A. During the
				  public comment period on a permit action in those instances where a public
				  hearing is not mandatory under state or federal law or regulation, interested
				  persons may request a public hearing to contest the action or terms and
				  conditions of the permit.
B.
				  Requests for a public hearing shall contain the following information:
1. The name and postal mailing or email
				  address of the requester;
2. The
				  names and addresses of all persons for whom the requester is acting as a
				  representative;
3. The reason for
				  the request for a public hearing;
4. A brief, informal statement setting forth
				  the factual nature and extent of the interest of the requester or of the
				  persons for whom the requester is acting as representative in the application
				  or tentative determination, including an explanation of how and to what extent
				  such interest would be directly and adversely affected by the issuance, denial,
				  modification, or revocation of the permit in question; and
5. Where possible, specific references to the
				  terms and the conditions of the permit in question, together with suggested
				  revisions and alterations to those terms, and conditions that the requester
				  considers are needed to conform the permit to the intent and provisions of the
				  basic laws of the State Water Control Board.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Public Involvement › Section 9VAC25-31-316 - Controversial permits

Current through Register Vol. 40, No. 24, July 15, 2024
Before rendering a final decision on a controversial
					 permit, the department shall publish a summary of public comments received
					 during the applicable public comment period and public hearing. After such
					 publication, the department shall publish responses to the public comment
					 summary and hold a public hearing to provide an opportunity for individuals who
					 previously commented, either at a public hearing or in writing during the
					 applicable public comment period, to respond to the department's public comment
					 summary and response. No new information will be accepted at that time. In
					 making its decision, the department shall consider (i) the verbal and written
					 comments received during the comment period and the public hearing made part of
					 the record, (ii) any commentary of the board, and (iii) the agency
					 files.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123,
						124, 403, and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Public Involvement › Section 9VAC25-31-317 - Controversial permits reporting

Current through Register Vol. 40, No. 24, July 15, 2024
At each regular meeting of the board, the department shall
					 provide an overview and update regarding any controversial permits pending
					 before the department that are relevant. Immediately after such presentation by
					 the department, the board shall have an opportunity to respond to the
					 department's presentation and provide commentary regarding such pending
					 permit.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123,
						124, 403, and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Public Involvement › Section 9VAC25-31-320 - Response to comments

Current through Register Vol. 40, No. 24, July 15, 2024
A. At the time
				  that a final permit is issued, the department shall issue a response to
				  comments. This response shall:
1. Specify
				  which provisions, if any, of the draft permit have been changed in the final
				  permit decision, and the reasons for the change; and
2. Briefly describe and respond to all
				  significant comments on the draft permit raised during the public comment
				  period, or during any public hearing.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Public Involvement › Section 9VAC25-31-330 - Conditions requested by the Corps of Engineers and other government agencies

Current through Register Vol. 40, No. 24, July 15, 2024
A. If during the
				  comment period for an VPDES draft permit, the district engineer advises the
				  department in writing that anchorage and navigation of any of the waters of the
				  United States would be substantially impaired by the granting of a permit, the
				  permit shall be denied and the applicant so notified. If the District Engineer
				  advised the department that imposing specified conditions upon the permit is
				  necessary to avoid any substantial impairment of anchorage or navigation, then
				  the department shall include the specified conditions in the permit. Review or
				  appeal of denial of a permit or of conditions specified by the district
				  engineer shall be made through the applicable procedures of the Corps of
				  Engineers, and may not be made through the procedures provided in this part. If
				  the conditions are stayed by a court of competent jurisdiction or by applicable
				  procedures of the Corps of Engineers, those conditions shall be considered
				  stayed in the VPDES permit for the duration of that stay.
B. If during the comment period the U.S. Fish
				  and Wildlife Service, the National Marine Fisheries Service, or any other state
				  or federal agency with jurisdiction over fish, wildlife, or public health
				  advises the department in writing that the imposition of specified conditions
				  upon the permit is necessary to avoid substantial impairment of fish,
				  shellfish, or wildlife resources, the department may include the specified
				  conditions in the permit to the extent they are determined necessary to carry
				  out the provisions of this regulation, the law and of the CWA.
C. In appropriate cases the department may
				  consult with one or more of the agencies referred to in this section before
				  issuing a draft permit and may reflect their views in the statement of basis,
				  the fact sheet, or the draft permit.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123,
						124, 403, and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Public Involvement › Section 9VAC25-31-340 - Decision on variances

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department may grant or deny requests for variances requested pursuant to
				  9VAC25-31-100
				  L 4, subject to EPA objection. Decisions on these variances shall be made
				  according to the criteria of 40 CFR Part 125 , Subpart H.
B. The department may deny, or forward to the
				  regional administrator with a written concurrence, or submit to EPA without
				  recommendation a completed request for:
1. A
				  variance based on the economic capability of the applicant submitted pursuant
				  to
				  9VAC25-31-100
				  L 2; or
2. A variance based on
				  water quality related effluent limitations submitted pursuant to
				  9VAC25-31-100
				  L 3 or
				  9VAC25-31-100
				  M 2.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Public Involvement › Section 9VAC25-31-350 - Appeals of variances

Current through Register Vol. 40, No. 24, July 15, 2024
When the department issues a permit on which EPA has made a
					 variance decision, separate appeals of the VPDES permit and of the EPA variance
					 decision are possible.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123,
						124, 403, and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Public Involvement › Section 9VAC25-31-360 - Computation of time

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any time
				  period scheduled to begin on the occurrence of an act or event shall begin on
				  the day after the act or event.
B.
				  Any time period scheduled to begin before the occurrence of an act or event
				  shall be computed so that the period ends on the day before the act or
				  event.
C. If the final day of any
				  time period falls on a weekend or legal holiday, the time period shall be
				  extended to the next working day.
D. Whenever a party or interested person has
				  the right or is required to act within a prescribed period after the service of
				  notice or other paper upon him or her by mail, electronic or postal delivery,
				  three days shall be added to the prescribed time.
Statutory Authority
§§ 62.1-44.15 of the Code of Virginia; §
						402 of the federal Clean Water Act; 40 CFR Parts 122, 123, 124, 403, and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Transfer, Modification, Revocation and Reissuance, and Termination of Permits › Section 9VAC25-31-380 - Transfer of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as
				  provided in subsection B of this section, a permit may be transferred by the
				  permittee to a new owner or operator only if the permit has been modified or
				  revoked and reissued, or a minor modification made, to identify the new
				  permittee and incorporate such other requirements as may be necessary under the
				  law and the CWA.
B. Automatic
				  transfers. As an alternative to transfers under subsection A of this section,
				  any VPDES permit may be automatically transferred to a new permittee if:
1. The current permittee notifies the
				  department at least 30 days in advance of the proposed transfer date in
				  subdivision 2 of this subsection;
2. The notice includes a written agreement
				  between the existing and new permittees containing a specific date for transfer
				  of permit responsibility, coverage, and liability between them;
3. The department does not notify the
				  existing permittee and the proposed new permittee of its intent to modify or
				  revoke and reissue the permit. A modification under this subdivision may also
				  be a minor modification. If this notice is not received, the transfer is
				  effective on the date specified in the agreement mentioned in subdivision 2 of
				  this subsection; and
4. The new
				  owner or operator has demonstrated compliance with
				  9VAC25-650-70,
				  if applicable.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Transfer, Modification, Revocation and Reissuance, and Termination of Permits › Section 9VAC25-31-400 - Minor modifications of permits

Current through Register Vol. 40, No. 24, July 15, 2024
Upon the consent of the permittee, the department may
					 modify a permit to make the corrections or allowances for changes in the
					 permitted activity listed in this section, without following the procedures of
					 Part IV of this chapter. Any permit modification not processed as a minor
					 modification under this section must be made for cause and with draft permit
					 and public notice. Minor modifications may only:
A. Correct typographical errors;
B. Require more frequent monitoring or
				  reporting by the permittee;
C.
				  Change an interim compliance date in a schedule of compliance, provided the new
				  date is not more than 120 days after the date specified in the existing permit
				  and does not interfere with attainment of the final compliance date
				  requirement;
D. Allow for a change
				  in ownership or operational control of a facility where the department
				  determines that no other change in the permit is necessary, provided that a
				  written agreement containing a specific date for transfer of permit
				  responsibility, coverage, and liability between the current and new permittees
				  has been submitted to the department;
E.
1.
				  Change the construction schedule for a discharger which is a new source. No
				  such change shall affect a discharger's obligation to have all pollution
				  control equipment installed and in operation prior to discharge.
2. Delete a point source outfall when the
				  discharge from that outfall is terminated and does not result in discharge of
				  pollutants from other outfalls except in accordance with permit limits;
				  or
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Transfer, Modification, Revocation and Reissuance, and Termination of Permits › Section 9VAC25-31-410 - Termination of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
				  are causes for terminating a permit during its term, or for denying a permit
				  renewal application, after public notice and opportunity for a public hearing:
1. The permittee has violated any regulation
				  of the board or order of the department, any provision of the law, or any order
				  of a court, where such violation results in a release of harmful substances
				  into the environment or poses a substantial threat of release of harmful
				  substances into the environment or presents a hazard to human health or the
				  violation is representative of a pattern of serious or repeated violations
				  which in the opinion of the department, demonstrates the permittee's disregard
				  for or inability to comply with applicable laws, regulations or
				  requirements;
2. Noncompliance by
				  the permittee with any condition of the permit;
3. The permittee's failure to disclose fully
				  all relevant material facts, or the permittee's misrepresentation of any
				  relevant material facts in applying for a permit, or in any other report or
				  document required under the law or this chapter;
4. A determination that the permitted
				  activity endangers human health or the environment and can only be regulated to
				  acceptable levels by permit modification or termination;
5. A change in any condition that requires
				  either a temporary or permanent reduction or elimination of any discharge or
				  sludge use or disposal practice controlled by the permit; or
6. There exists a material change in the
				  basis on which the permit was issued that requires either a temporary or a
				  permanent reduction or elimination of any discharge controlled by the permit
				  necessary to protect human health or the environment.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 1 - General Requirements › Section 9VAC25-31-420 - Purpose and applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 This part establishes standards, which consist of general requirements,
					 pollutant limits, management practices, and operational standards, for the
					 final use of biosolids or disposal of sewage sludge generated during the
					 treatment of domestic sewage in a treatment works. Standards are included in
					 this part for biosolids applied to the land or sewage sludge placed on a
					 surface disposal site. Also included in this part are pathogen and alternative
					 vector attraction reduction requirements for biosolids applied to the land or
					 sewage sludge placed on a surface disposal site.
B. In addition, the standards in this part
					 include the frequency of monitoring and recordkeeping requirements when
					 biosolids is applied to the land or sewage sludge is placed on a surface
					 disposal site. Also included in this part are reporting requirements for Class
					 I sludge management facilities, publicly owned treatment works (POTWs) with a
					 design flow rate equal to or greater than one million gallons per day, and
					 POTWs that serve 10,000 people or more.
C. Applicability.
1. This part applies to any person who
					 prepares sewage sludge or biosolids, or applies biosolids to the land and to
					 the owner/operator of a surface disposal site.
2. This part applies to biosolids applied to
					 the land or sewage sludge placed on a surface disposal site.
3. This part applies to land where biosolids
					 is applied and to a surface disposal site.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 1 - General Requirements › Section 9VAC25-31-430 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 1 - General Requirements › Section 9VAC25-31-440 - Permits and direct enforceability

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 requirements in this part may be implemented through a permit issued to a
					 treatment works treating domestic sewage, in accordance with this chapter.
					 Treatment works treating domestic sewage shall submit a permit application in
					 accordance with this chapter.
B. No
					 person shall use biosolids or dispose of sewage sludge through any practice for
					 which requirements are established in this part except in accordance with such
					 requirements.
C. No person shall
					 land apply Class B biosolids on any land in Virginia unless that land has been
					 identified in an application to issue, reissue, or modify a permit and approved
					 by the department.
D. No person
					 shall land apply, market, or distribute biosolids in Virginia unless the
					 biosolids source has been approved by the department.
Statutory Authority: § 62.1-44.15 of the Code of
						  Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123,
						  124, 403, and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 1 - General Requirements › Section 9VAC25-31-450 - Relationship to other regulations

Current through Register Vol. 40, No. 24, July 15, 2024
Disposal of sewage sludge in a municipal solid waste
						landfill unit that complies with the requirements in the Solid Waste Management
						Regulations (9VAC20-81) constitutes compliance with § 405(d) of the CWA.
						Any person who prepares sewage sludge that is disposed in a municipal solid
						waste landfill unit shall ensure that the sewage sludge meets the requirements
						in 9VAC20-81 concerning the quality of materials disposed in a municipal solid
						waste landfill unit.
Statutory Authority
§§ 62.1-44.15 and 62.1-44.18 of the Code of
						  Virginia; § 402 of the Clean Water Act, 40 CFR Parts 122, 123, 124, 403
						  and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 1 - General Requirements › Section 9VAC25-31-460 - Additional or more stringent requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. On a
					 case-by-case basis, the department may impose requirements for the use of
					 biosolids or disposal of sewage sludge in addition to or more stringent than
					 the requirements in this part when necessary to protect public health and the
					 environment from any adverse effect of a pollutant in the biosolids or sewage
					 sludge.
B. Nothing in this part
					 precludes the authority of another state agency, any political subdivision of
					 Virginia, or an interstate agency with respect to the use of biosolids or
					 disposal of sewage sludge.
C. For
					 biosolids land application where, because of site-specific conditions,
					 including soil type, identified during the permit application review process,
					 the department determines that special requirements are necessary to protect
					 the environment or the health, safety or welfare of persons residing in the
					 vicinity of a proposed land application site, the department may incorporate in
					 the permit at the time it is issued reasonable special conditions regarding
					 setback distances, transportation routes, slope, material source, methods of
					 handling and application, and time of day restrictions exceeding those required
					 by this regulation. The permit applicant shall have at least 14 days in which
					 to review and respond to the proposed conditions.
Statutory Authority: § 62.1-44.15 of the Code of
						  Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123,
						  124, 403, and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 1 - General Requirements › Section 9VAC25-31-475

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 62.1-44.15:6 of the Code
						  of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 1 - General Requirements › Section 9VAC25-31-480 - Requirements for a person who prepares biosolids or sewage sludge

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person who
					 prepares biosolids shall ensure that the applicable requirements in this part
					 are met when biosolids is applied to the land.
B. Any person who prepares sewage sludge
					 shall ensure that the applicable requirements in this part are met when the
					 sewage sludge is placed on a surface disposal site.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 1 - General Requirements › Section 9VAC25-31-490 - Sampling and analysis

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Representative samples of biosolids that is applied to the land, or placed on a
					 surface disposal site shall be collected and analyzed.
B. Methods in the materials listed below or
					 in 40 CFR Part 136 shall be used to analyze samples of biosolids and
					 calculation procedures in the materials shall be used to calculate the percent
					 volatile solids reduction for biosolids.
1.
					 Enteric viruses.
ASTM Designation: D 4994-89, "Standard Practice for
						Recovery of Viruses From Wastewater Sludges," Annual Book of ASTM Standards:
						Section 11 - Water and Environmental Technology, ASTM, Philadelphia, PA.,
						1992.
2. Fecal coliform.
Part 9221 E. or Part 9222 D., "Standard Methods for the
						Examination of Water and Wastewater," 18th Edition, American Public Health
						Association, Washington, D.C., 1992.
3. Helminth ova.
Yanko, W.A., "Occurrence of Pathogens in Distribution and
						Marketing Municipal Sludges," EPA 600/1-87-014, 1987. PB 88-154273/AS, National
						Technical Information Service, Springfield, Virginia.
4. Inorganic pollutants.
"Test Methods for Evaluating Solid Waste,
						Physical/Chemical Methods," EPA Publication SW-846, Third Edition as amended by
						Final Updates I, II, IIA, IIB, III, IIIA, IIIB, IVA and IVB. PB88-239223,
						National Technical Information Service, Springfield, Virginia.
5. Salmonella sp. bacteria.
Part 9260 D., "Standard Methods for the Examination of
						Water and Wastewater," 18th Edition, American Public Health Association,
						Washington, D.C., 1992; or
Kenner, B.A. and H.P. Clark, "Detection and enumeration
						of Salmonella and Pseudomonas aeruginosa," J. Water Pollution Control
						Federation, 46(9):2163-2171, 1974.
6. Specific oxygen uptake rate.
Part 2710 B., "Standard Methods for the Examination of
						Water and Wastewater," 18th Edition, American Public Health Association,
						Washington, D.C., 1992.
7.
					 Total, fixed, and volatile solids.
Part 2540 G., "Standard Methods for the Examination of
						Water and Wastewater," 18th Edition, American Public Health Association,
						Washington, D.C., 1992.
8.
					 Percent volatile solids reduction calculation.
"Environmental Regulations and Technology - Control of
						Pathogens and Vector Attraction in Sewage Sludge," EPA-625/R-92/013, U.S.
						Environmental Protection Agency, Cincinnati, Ohio, Revised July
						2003.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 2 - Biosolids Applied to the Land › Section 9VAC25-31-505 - Universal requirements for land application operations

Current through Register Vol. 40, No. 24, July 15, 2024
A. A nutrient
					 management plan prepared by a person who is certified as a nutrient management
					 planner by the Department of Conservation and Recreation shall be developed for
					 all application sites prior to biosolids land application.
1. A nutrient management plan approved by the
					 Department of Conservation and Recreation shall be required for application
					 sites prior to department authorization under specific conditions, including
					 but not limited to:
a. Sites operated by an
					 owner or lessee of a confined animal feeding operation, as defined in
					 subsection A of § 62.1-44.17:1 of the Code of Virginia, or confined
					 poultry feeding operation, as defined in subsection A of § 62.1-44.17:1.1
					 of the Code of Virginia;
b. Sites
					 where land application more frequently than once every three years at greater
					 than 50% of the annual agronomic rate is proposed;
c. Mined or disturbed land sites where land
					 application is proposed at greater than agronomic rates; and
d. Other sites based on site-specific
					 conditions that increase the risk that land application may adversely impact
					 state waters.
e. Where conditions
					 at the land application site change so that it meets one or more of the
					 specific conditions identified in this section, an approved nutrient management
					 plan shall be submitted prior to any future land application at the
					 site.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 2 - Biosolids Applied to the Land › Section 9VAC25-31-510 - Applicability; bulk biosolids; biosolids sold or given away in a bag or other container for application to the land

Current through Register Vol. 40, No. 24, July 15, 2024
A. This article
					 applies to any person who prepares biosolids that is applied to the land, to
					 any person who applies biosolids to the land, to biosolids applied to the land,
					 and to the land on which biosolids is applied.
B. General requirements for bulk biosolids.
1. The general requirements in
					 9VAC25-31-530
					 and the management practices in
					 9VAC25-31-550
					 B through F do not apply when bulk biosolids is applied to the land if the bulk
					 biosolids meets the ceiling concentrations in
					 9VAC25-31-540 B
					 1, the pollutant concentrations in
					 9VAC25-31-540 B
					 3, the Class A pathogen requirements in
					 9VAC25-31-710 A, and
					 one of the vector attraction reduction requirements in
					 9VAC25-31-720
					 B 1 through B 8.
2. The department
					 may apply any or all of the general requirements in
					 9VAC25-31-530
					 and the management practices in
					 9VAC25-31-550
					 to the bulk biosolids in subdivision 1 of this subsection on a case-by-case
					 basis after determining that the general requirements or management practices
					 are needed to protect public health and the environment from any reasonably
					 anticipated adverse effect that may occur from any pollutant in the bulk
					 biosolids.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 2 - Biosolids Applied to the Land › Section 9VAC25-31-520 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 2 - Biosolids Applied to the Land › Section 9VAC25-31-540 - Pollutant limits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Biosolids.
1. Bulk biosolids or biosolids sold or given
					 away in a bag or other container shall not be applied to the land if the
					 concentration of any pollutant in the biosolids exceeds the ceiling
					 concentration for the pollutant in Table 1 of this section.
2. If bulk biosolids is applied to
					 agricultural land, forest, a public contact site, or a reclamation site,
					 either:
a. The cumulative loading rate for
					 each pollutant shall not exceed the cumulative pollutant loading rate for the
					 pollutant in Table 2 of this section; or
b. The concentration of each pollutant in the
					 biosolids shall not exceed the concentration for the pollutant in Table 3 of
					 this section.
3. If bulk
					 biosolids is applied to a lawn or a home garden, the concentration of each
					 pollutant in the biosolids shall not exceed the concentration for the pollutant
					 in Table 3 of this section.
4. If
					 biosolids is sold or given away in a bag or other container for application to
					 the land, either:
a. The concentration of
					 each pollutant in the biosolids shall not exceed the concentration for the
					 pollutant in Table 3 of this section; or
b. The product of the concentration of each
					 pollutant in the biosolids and the annual whole sludge application rate for the
					 biosolids shall not cause the annual pollutant loading rate for the pollutant
					 in Table 4 of this section to be exceeded. The procedure used to determine the
					 annual whole sludge application rate is presented in subsection D of this
					 section.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 2 - Biosolids Applied to the Land › Section 9VAC25-31-543 - Soils monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A. Soil
					 shall be sampled and analyzed prior to biosolids application to determine site
					 suitability and to provide background data. No sample analysis used to
					 determine application rates shall be more than three years old at the time of
					 biosolids land application. Soil shall be sampled and analyzed in accordance
					 with Table 1 of this section. Reduced monitoring may also apply to one-time
					 biosolids applications to forest or reclaimed lands. For background analysis,
					 random composite soil samples from the zone of incorporation are required for
					 infrequent applications and frequent applications at less than agronomic rates
					 (total less than 15 dry tons per acre).
TABLE 1 SOIL TEST PARAMETERS FOR LAND APPLICATION
								SITES1
Parameter
Soil pH (Std. Units)
Available phosphorus
								(ppm)2
Extractable potassium (ppm)
Extractable sodium
								(mg/100g)3
Extractable calcium (mg/100g)
Extractable magnesium (mg/100g)
Zinc (ppm)
Manganese (ppm)
1Note: Unless otherwise
								stated, analyses shall be reported on a dry weight basis. 
								2Available P shall be
								analyzed using one of the following methods: Mehlich I or Mehlich III. 
								3Extractable sodium shall be
								analyzed only where biosolids known to be high in sodium will be land applied.
B. The department reserves the right to
					 require the permit holder to conduct additional soil monitoring including, but
					 not limited to, additional parameters, based on site-specific history or
					 conditions.
C. Samples shall be
					 collected in accordance with § 10.1-104.2 of the Code of
					 Virginia.
Statutory Authority
§ 62.1-44.15 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 2 - Biosolids Applied to the Land › Section 9VAC25-31-547 - Groundwater monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Monitoring wells may be required by the department for land treatment sites,
					 sludge lagoons, biosolids land application sites, or biosolids storage
					 facilities to monitor groundwater quality.
B. If groundwater monitoring is required, a
					 groundwater monitoring plan shall be submitted to the department for approval
					 that includes at a minimum:
1. Geologic and
					 hydrologic conditions at the site;
2. Monitoring well design, placement, and
					 construction;
3. Sampling
					 frequency;
4. Sampling procedures,
					 including quality assurance and quality control; and
5. Collection of background
					 samples.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 2 - Biosolids Applied to the Land › Section 9VAC25-31-550 - Management practices

Current through Register Vol. 40, No. 24, July 15, 2024
A. All biosolids
					 land application activities shall comply with the operational requirements of
					 Part IX (9VAC25-32-303
					 et seq.) of 9VAC25-32 (Biosolids Program of the VPA Permit
					 Regulation).
B. Bulk biosolids
					 shall not be applied to the land if it is likely to adversely affect a
					 threatened or endangered species listed in
					 9VAC25-260-320 or §
					 4 of the Endangered Species Act (16 USC
					 §
												1533) or if the land application is
					 likely to adversely affect its designated critical habitat.
C. Bulk biosolids shall not be applied to
					 agricultural land, forest, a public contact site, or a reclamation site that is
					 flooded, frozen, or snow-covered so that the bulk biosolids enters a wetland or
					 other surface waters except as provided in a VPDES permit or a permit issued
					 pursuant to § 404 of the CWA.
D. Bulk biosolids shall not be applied to
					 agricultural land, forest, or a reclamation site that is 10 meters or less from
					 surface waters, unless otherwise specified by the department.
E. Bulk biosolids shall be applied to
					 agricultural land, forest, a public contact site, or a reclamation site at a
					 whole sludge application rate that is equal to or less than the agronomic rate
					 for the bulk biosolids, unless, in the case of a reclamation site, otherwise
					 specified by the department.
F.
					 Either a label shall be affixed to the bag or other container in which
					 biosolids that is sold or given away for application to the land, or an
					 information sheet shall be provided to the person who receives biosolids sold
					 or given away in a bag or other container for application to the land. The
					 label or information sheet shall contain the following information:
1. The name and address of the person who
					 prepared the biosolids that is sold or given away in a bag or other container
					 for application to the land;
2. A
					 statement that application of the biosolids to the land is prohibited except in
					 accordance with the instructions on the label or information sheet;
					 and
3. The annual whole sludge
					 application rate for the biosolids that does not cause any of the annual
					 pollutant loading rates in Table 4 of
					 9VAC25-31-540 to
					 be exceeded.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 2 - Biosolids Applied to the Land › Section 9VAC25-31-560 - Operational standards, pathogens, and vector attraction reduction

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pathogens -
					 biosolids.
1. The Class A pathogen
					 requirements in
					 9VAC25-31-710 A or the Class B
					 pathogen requirements and site restrictions in
					 9VAC25-31-720 B shall be met when
					 bulk biosolids is applied to agricultural land, forest, a public contact site,
					 or a reclamation site.
2. The Class
					 A pathogen requirements in
					 9VAC25-31-710 A shall be met when
					 bulk biosolids is applied to a lawn or a home garden.
3. The Class A pathogen requirements in
					 9VAC25-31-710 A shall be met when
					 biosolids is sold or given away in a bag or other container for application to
					 the land.