reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 40 - SMALL RENEWABLE ENERGY PROJECTS (WIND) PERMIT BY RULE › Part II - Permit by Rule Provisions › Section 9VAC15-40-100 - Change of ownership, project modifications, termination

Current through Register Vol. 40, No. 24, July 15, 2024
A. Change of
				  ownership. A permit by rule may be transferred to a new owner or operator if:
1. The current owner or operator notifies the
				  department at least 30 days in advance of the transfer date by submittal of a
				  notice per subdivision 2 of this subsection;
2. The notice shall include a written
				  agreement between the existing and new owner or operator containing a specific
				  date for transfer of permit responsibility, coverage, and liability between
				  them; and
3. The transfer of the
				  permit by rule to the new owner or operator shall be effective on the date
				  specified in the agreement described in subdivision 2 of this
				  subsection.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 40 - SMALL RENEWABLE ENERGY PROJECTS (WIND) PERMIT BY RULE › Part II - Permit by Rule Provisions › Section 9VAC15-40-110 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Purpose. The
				  purpose of this section is to establish schedules and procedures pertaining to
				  the payment and collection of fees from any applicant seeking a new permit by
				  rule or a modification to an existing permit by rule for a small wind energy
				  project.
B. Permit fee payment and
				  deposit. Fees for permit by rule applications or modifications shall be paid by
				  the applicant as follows:
1. Due date. All
				  permit application fees or modification fees are due on submittal day of the
				  application or modification package.
2. Method of payment. Fees shall be paid by
				  check, draft, or postal money order made payable to "Treasurer of Virginia/DEQ"
				  and shall be sent to the Department of Environmental Quality, Receipts Control,
				  P.O. Box 1104, Richmond, VA 23218. When the department is able to accept
				  electronic payments, payments may be submitted electronically.
3. Incomplete payments. All incomplete
				  payments shall be deemed nonpayments.
4. Late payment. No application or
				  modification submittal will be deemed complete until the department receives
				  proper payment.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 40 - SMALL RENEWABLE ENERGY PROJECTS (WIND) PERMIT BY RULE › Part II - Permit by Rule Provisions › Section 9VAC15-40-120 - Internet accessible resources

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter refers to resources to be
				  used by applicants in gathering information to be submitted to the department.
				  These resources are available through the Internet; therefore, in order to
				  assist the applicants, the uniform resource locator or Internet address is
				  provided for each of the references listed in this section.
B. Internet available resources.
1. The Virginia Landmarks Register, Virginia
				  Department of Historic Resources, 2801 Kensington Avenue, Richmond, Virginia.
				  Available at the following Internet address:
http://www.dhr.virginia.gov
.
2. Professional Qualifications Standards, the
				  Secretary of the Interior's Standards and Guidelines for Archeology and
				  Historic Preservation, as amended and annotated (48 FR 44716-740, September 29,
				  1983), National Parks Service, Washington, DC. Available at the following
				  Internet address: http://www.nps.gov/history/local-law/arch_stnds_9.htm [File
				  Link Not Available].
3. Invasive
				  alien plant species of Virginia, Virginia Department of Conservation and
				  Recreation, Division of Natural Heritage, Richmond, Virginia. Available at the
				  following Internet address:
http://www.dcr.virginia.gov
.
4. The Natural Communities of Virginia,
				  Classification of Ecological Community Groups, Virginia Department of
				  Conservation and Recreation, Division of Natural Heritage, Richmond, VA.
				  Available at the following Internet address:
http://www.dcr.virginia.gov.
5. Virginia Outdoors Plan, Virginia
				  Department of Conservation and Recreation, Richmond, Virginia. Available at the
				  following Internet address:
http://www.dcr.virginia.gov
.
6. Virginia's Comprehensive Wildlife
				  Conservation Strategy, 2005 (referred to as the Virginia Wildlife Action Plan),
				  Virginia Department of Game and Inland Fisheries, 4010 West Broad Street,
				  Richmond, Virginia. Available at the following Internet address:
http://www.bewildvirginia.org
.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 40 - SMALL RENEWABLE ENERGY PROJECTS (WIND) PERMIT BY RULE › Part III - Notification and Other Provisions for Projects of 5 Five Megawatts or Less › Section 9VAC15-40-130 - Small wind energy projects of five megawatts or less

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner or operator of a small wind
				  energy project with a rated capacity equal to or less than 500 kilowatts is not
				  required to submit any notification or certification to the
				  department.
B. The owner or
				  operator of a small wind energy project with a rated capacity greater than 500
				  kilowatts and equal to or less than five megawatts shall:
1. Notify the department and submit a
				  certification by the governing body of the locality or localities wherein the
				  project will be located that the project complies with all applicable land use
				  ordinances and applicable local government requirements; and
2. For projects located in part or in whole
				  within zones 1, 2, 3, 4, 5, 10, 11, 12, or 14 on the Coastal Avian Protection
				  Zones (CAPZ) map, contribute $1,000 per megawatt of rated capacity, or partial
				  megawatt thereof, to a fund designated by the department in support of
				  scientific research investigating the impacts of projects in CAPZ on avian
				  resources.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 40 - SMALL RENEWABLE ENERGY PROJECTS (WIND) PERMIT BY RULE › Part IV - Enforcement › Section 9VAC15-40-140 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
The department may enforce the provisions of this chapter
					 and any permits by rule authorized under this chapter in accordance with
					 §§ 10.1-1197.9, 10.1-1197.10, and 10.1-1197.11 of the Code of
					 Virginia. In so doing, the department may:
1. Issue directives in accordance with the
				  law;
2. Issue special orders in
				  accordance with the law;
3. Issue
				  emergency special orders in accordance with the law;
4. Seek injunction, mandamus or other
				  appropriate remedy as authorized by the law;
5. Seek civil penalties under the law;
				  or
6. Seek remedies under the law,
				  or under other laws including the common law.
Statutory Authority
§ 10.1-1197.6 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 40 - SMALL RENEWABLE ENERGY PROJECTS (WIND) PERMIT BY RULE › Part IV - Enforcement › Form - FORMS (9VAC15-40)

Current through Register Vol. 40, No. 24, July 15, 2024
Environmental
					 Permit Certification Form, Form REW-2 (eff. 09/11)
.
Local
					 Governing Body Certification Form, Form REW-1 (eff.
					 09/11)
.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 40 - SMALL RENEWABLE ENERGY PROJECTS (WIND) PERMIT BY RULE › Part IV - Enforcement › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC15-40)

Current through Register Vol. 40, No. 24, July 15, 2024
The Natural Communities of Virginia, Classification of
					 Ecological Community Groups, Second Approximation (Version 2.3), 2010, Virginia
					 Department of Conservation and Recreation, Division of Natural Heritage,
					 Richmond, Virginia.
Virginia Outdoors
					 Plan, 2007, Virginia Department of Conservation and Recreation, Richmond,
					 Virginia.
Virginia's
					 Comprehensive Wildlife Conservation Strategy, 2005, Virginia Department of Game
					 and Inland Fisheries, Richmond, Virginia.
Chapter
							 1: Introduction.
Chapter
							 2: Methods.
Chapter
							 3: Statewide Overview.
Chapter
							 4: Virginia's Mid-Atlantic Coastal Plain.
Chapter
							 5: Virginia's Southern Appalachian Piedmont.
Chapter
							 6: Virginia's Blue Ridge Mountains.
Chapter
							 7: Virginia's Northern Ridge and Valley.
Chapter
							 8: Virginia's Northern Cumberland Mountains.
Chapter
							 9: Virginia's Southern Cumberland Mountains.
Chapter
							 10: Conclusions.
Glossary.
Appendix
							 A: The Species of Greatest Conservation Need.
Appendix
							 B: Species of Greatest Conservation Need with No Known Ecoregional
							 Associations.
Appendix
							 C: Terrestrial Species with No Landcover Associations.
Appendix
							 D: Potential Habitat Mapping for Terrestrial & Aquatic Tier I
							 Species.
Appendix
							 E: List of Tier I Species and Reviewers.
Appendix
							 F: Complete list of Stress/Source Combinations Identified by the Taxonomic
							 Advisory Committees.
Appendix
							 G: Habitat Grouping Used by TACs in Assessment of Threats, Conservation
							 Actions, and Research/Monitoring Needs.
Appendix
							 H: Threats to Virginia's Species of Greatest Conservation Need.
Appendix
							 I: Conservation Actions Identified by the Taxonomic Advisory
							 Committees.
Appendix
							 J: Research and Monitoring Needs Identified by the Taxonomic Advisory
							 Committees.
Appendix
							 K: Landcover Classes.
Appendix
							 L: Summaries of Community Meetings Facilitated by VCU's Center for Public
							 Policy.
Appendix
							 M: Recommendations for Education and Outreach Actions.
Appendix N: DEQ
							 Impaired Waters Map.
Appendix O:
							 Reference Maps.
Appendix
							 P: Public Comments.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 60 - SMALL RENEWABLE ENERGY PROJECTS (SOLAR) PERMIT BY RULE › Part I - Definitions and Applicability › Section 9VAC15-60-20 - Authority and applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This regulation is issued under authority
				  of Article 5 (§
										10.1-1197.5 et seq.) of Chapter
				  11.1 of Title 10.1 of the Code of Virginia. The regulation contains
				  requirements for solar-powered electric generation projects consisting of PV
				  systems and associated facilities with a single interconnection to the
				  electrical grid that are designed for, or capable of, operation at a rated
				  capacity equal to or less than 150 megawatts.
B. The department has determined that a
				  permit by rule is required for small solar energy projects with a rated
				  capacity greater than five megawatts and a disturbance zone greater than 10
				  acres, provided that the projects do not otherwise meet the criteria for Part
				  III (9VAC15-60-130 ) of this chapter,
				  and this regulation contains the permit by rule provisions for these projects
				  in Part II (9VAC15-60-30 et seq.) of this
				  chapter.
C. The department has
				  determined that different provisions should apply to projects that meet the
				  criteria as set forth in Part III (9VAC15-60-130 ) of this chapter,
				  and this regulation contains the requirements, if any, for these projects in
				  Part III (9VAC15-60-130 A and B) of this
				  chapter. Projects that meet the criteria for Part III of this chapter are
				  deemed to be covered by the permit by rule.
D. The department has determined that small
				  renewable energy projects utilizing other solar technologies shall fulfill all
				  of the requirements in 9VAC15-40 as prescribed for small wind energy projects,
				  unless (i) the owner or operator of the proposed project presents to the
				  department information indicating that the other solar technology presents no
				  greater likelihood of significant adverse impacts to natural resources than
				  does PV technology and (ii) the department determines that it is appropriate
				  for the proposed project utilizing the other solar technology to meet the
				  requirements of this chapter or of some modification to either 9VAC15-40 or
				  this chapter, as prescribed by the department for that particular
				  project.
Statutory Authority: §
												10.1-1197.6 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 60 - SMALL RENEWABLE ENERGY PROJECTS (SOLAR) PERMIT BY RULE › Part II - Permit by Rule Provisions › Section 9VAC15-60-40 - Analysis of the beneficial and adverse impacts on natural resources

Current through Register Vol. 40, No. 24, July 15, 2024
A. Analyses of
				  wildlife. To fulfill the requirements of § 10.1-1197.6B 7 of the Code of
				  Virginia, the applicant shall conduct preconstruction wildlife analyses. The
				  analyses of wildlife shall include the following:
1. Desktop surveys and maps. The applicant
				  shall obtain a wildlife report and map generated from DGIF's Virginia Fish and
				  Wildlife Information Service web-based application (9VAC15-60-120 C 3) or from a data
				  and mapping system including the most recent data available from DGIF's
				  subscriber-based Wildlife Environmental Review Map Service of the following:
(i) known wildlife species and habitat
				  features on the site or within two miles of the boundary of the site and
(ii) known or potential sea turtle
				  nesting beaches located within one-half mile of the disturbance zone.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 60 - SMALL RENEWABLE ENERGY PROJECTS (SOLAR) PERMIT BY RULE › Part II - Permit by Rule Provisions › Section 9VAC15-60-50 - Determination of likely significant adverse impacts

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department shall find that significant
				  adverse impacts to wildlife are likely whenever the wildlife analyses
				  prescribed in
				  9VAC15-60-40 A document that any of
				  the following conditions exists:
1.
				  State-listed T&E wildlife are found to occur within the disturbance zone or
				  the disturbance zone is located on or within one-half mile of a known or
				  potential sea turtle nesting beach.
2. The disturbance zone is located in part or
				  in whole within zones 1, 2, 3, 4, 5, 10, 11, 12, or 14 on the Coastal Avian
				  Protection Zones (CAPZ) map.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 60 - SMALL RENEWABLE ENERGY PROJECTS (SOLAR) PERMIT BY RULE › Part II - Permit by Rule Provisions › Section 9VAC15-60-60 - Mitigation plan

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the
				  department determines that significant adverse impacts to wildlife or historic
				  resources or both are likely, then the applicant shall prepare a mitigation
				  plan.
B. Mitigation measures for
				  significant adverse impacts to wildlife shall include:
1. For state-listed T&E wildlife, the
				  applicant shall take all reasonable measures to avoid significant adverse
				  impacts or shall demonstrate in the mitigation plan what significant adverse
				  impacts cannot practicably be avoided and why additional proposed actions are
				  reasonable. These additional proposed actions may include best practices to
				  avoid, minimize, or offset adverse impacts to resources analyzed pursuant to
				  9VAC15-60-40 A or C.
2. For proposed projects where the
				  disturbance zone is located on or within one-half mile of a known or potential
				  sea turtle nesting beach, the applicant shall take all reasonable measures to
				  avoid significant adverse impacts or shall demonstrate in the mitigation plan
				  what significant adverse impacts cannot practicably be avoided, and why
				  additional proposed mitigation actions are reasonable. Mitigation measures
				  shall include the following:
a. Avoiding
				  construction within likely sea turtle crawl or nesting habitats during the
				  turtle nesting and hatching season (May 20 through October 31). If avoiding
				  construction during this period is not possible, then conducting daily crawl
				  surveys of the disturbance zone (May 20 through August 31) and one mile beyond
				  the northern and southern reaches of the disturbance zone (hereinafter "sea
				  turtle nest survey zone") between sunrise and 9 a.m. by qualified individuals
				  who have the ability to distinguish accurately between nesting and nonnesting
				  emergences.
b. If construction is
				  scheduled during the nesting season, then including measures to protect nests
				  and hatchlings found within the sea turtle nest survey zone.
c. Minimizing nighttime construction during
				  the nesting season and designing project lighting during the construction and
				  operational phases to minimize impacts on nesting sea turtles and
				  hatchlings.
3. For
				  projects located in part or in whole within zones 1, 2, 3, 4, 5, 10, 11, 12, or
				  14 on the Coastal Avian Protection Zones (CAPZ) map, contribute $1,000.00 per
				  megawatt of rated capacity, or partial megawatt thereof, to a fund designated
				  by the department in support of scientific research investigating the impacts
				  of projects in CAPZ on avian resources.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 60 - SMALL RENEWABLE ENERGY PROJECTS (SOLAR) PERMIT BY RULE › Part II - Permit by Rule Provisions › Section 9VAC15-60-70 - Site plan and context map requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant shall submit a site plan
				  that includes maps showing the physical features, topography, and land cover of
				  the area within the site, both before and after construction of the proposed
				  project. The site plan shall be submitted at a scale sufficient to show, and
				  shall include, the following:
(i) the
				  boundaries of the site;
(ii) the
				  location, height, and dimensions of all existing and proposed PV systems, other
				  structures, fencing, and other infrastructure;
(iii) the location, grades, and dimensions of
				  all temporary and permanent on-site and access roads from the nearest county or
				  state maintained road; and
(iv)
				  water bodies, waterways, wetlands, and drainage channels.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 60 - SMALL RENEWABLE ENERGY PROJECTS (SOLAR) PERMIT BY RULE › Part II - Permit by Rule Provisions › Section 9VAC15-60-80 - Small solar energy project design standards

Current through Register Vol. 40, No. 24, July 15, 2024
The design and installation of the small solar energy
					 project shall incorporate any requirements of the mitigation plan that pertain
					 to design and installation if a mitigation plan is required pursuant to
					 9VAC15-60-50.
Statutory Authority
§ 10.1-1197.6 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 60 - SMALL RENEWABLE ENERGY PROJECTS (SOLAR) PERMIT BY RULE › Part II - Permit by Rule Provisions › Section 9VAC15-60-90 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Before the initiation of any construction at the small solar energy project,
				  the applicant shall comply with this section. The owner or operator shall first
				  publish a notice once a week for two consecutive weeks in a major local
				  newspaper of general circulation informing the public that he intends to
				  construct and operate a project eligible for a permit by rule. No later than
				  the date of newspaper publication of the initial notice, the owner or operator
				  shall submit to the department a copy of the notice along with electronic
				  copies of all documents that the applicant plans to submit in support of the
				  application. The notice shall include:
1. A
				  brief description of the proposed project and its location, including the
				  approximate dimensions of the site, approximate number and configuration of PV
				  systems, and approximate maximum height of PV systems;
2. A statement that the purpose of the public
				  participation is to (i) acquaint the public with the technical aspects of the
				  proposed project and how the standards and the requirements of this chapter
				  will be met, (ii) identify issues of concern, (iii) facilitate communication,
				  and (iv) establish a dialogue between the owner or operator and persons who may
				  be affected by the project;
3.
				  Announcement of a 30-day comment period in accordance with subsection C of this
				  section, and the name, telephone number, address, and email address of the
				  applicant who can be contacted by the interested persons to answer questions or
				  to whom comments shall be sent;
4.
				  Announcement of the date, time, and place for a public meeting held in
				  accordance with subsection D of this section; and
5. Location where copies of the documentation
				  to be submitted to the department in support of the permit by rule application
				  will be available for inspection.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 60 - SMALL RENEWABLE ENERGY PROJECTS (SOLAR) PERMIT BY RULE › Part II - Permit by Rule Provisions › Section 9VAC15-60-100 - Change of ownership, project modifications, termination

Current through Register Vol. 40, No. 24, July 15, 2024
A. Change of
				  ownership. A permit by rule may be transferred to a new owner or operator if:
1. The current owner or operator notifies the
				  department at least 30 days in advance of the transfer date by submittal of a
				  notice per subdivision 2 of this subsection;
2. The notice shall include a written
				  agreement between the existing and new owner or operator containing a specific
				  date for transfer of permit responsibility, coverage, and liability between
				  them; and
3. The transfer of the
				  permit by rule to the new owner or operator shall be effective on the date
				  specified in the agreement described in subdivision 2 of this
				  subsection.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 60 - SMALL RENEWABLE ENERGY PROJECTS (SOLAR) PERMIT BY RULE › Part II - Permit by Rule Provisions › Section 9VAC15-60-110 - Fees for projects subject to Part II of this chapter

Current through Register Vol. 40, No. 24, July 15, 2024
A. Purpose. The purpose of this section is to
				  establish schedules and procedures pertaining to the payment and collection of
				  fees from any applicant seeking a new permit by rule or a modification to an
				  existing permit by rule for a small solar energy project subject to Part II
				  (9VAC15-60-30 et seq.) of this
				  chapter.
B. Permit fee payment and
				  deposit. Fees for permit by rule applications or modifications shall be paid by
				  the applicant as follows:
1. Due date. All
				  permit application fees or modification fees are due on submittal day of the
				  application or modification package.
2. Method of payment. Fees shall be paid by
				  check, draft, or postal money order made payable to "Treasurer of Virginia/DEQ"
				  and shall be sent to the Department of Environmental Quality, Receipts Control,
				  P.O. Box 1104, Richmond, VA 23218.
3. Incomplete payments. All incomplete
				  payments shall be deemed nonpayments.
4. Late payment. No application or
				  modification submittal will be deemed complete until the department receives
				  proper payment.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 60 - SMALL RENEWABLE ENERGY PROJECTS (SOLAR) PERMIT BY RULE › Part II - Permit by Rule Provisions › Section 9VAC15-60-120 - Internet accessible resources

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter refers to resources to be
				  used by applicants in gathering information to be submitted to the department.
				  These resources are available through the Internet; therefore, in order to
				  assist applicants, the uniform resource locator or Internet address is provided
				  for each of the references listed in this section.
B. Internet available resources.
1. The Virginia Landmarks Register, Virginia
				  Department of Historic Resources, 2801 Kensington Avenue, Richmond, Virginia.
				  Available at the following Internet address:
http://www.dhr.virginia.gov/registers/register.htm
.
2. Professional Qualifications Standards, the
				  Secretary of the Interior's Standards and Guidelines for Archeology and
				  Historic Preservation, as amended and annotated (48 FR 44716-740, September 29,
				  1983), National Parks Service, Washington, DC. Available at the following
				  Internet address: http://www.nps.gov/history/local-law/arch_stnds_9.htm [File
				  Link Not Available].
3. The Natural
				  Communities of Virginia, Classification of Ecological Community Groups,
				  Virginia Department of Conservation and Recreation, Division of Natural
				  Heritage, Richmond, Virginia. Available at the following Internet address:
				  http://www.dcr.virginia.gov/natural_heritage/ncintro.shtml [File Link Not
				  Available].
4. Virginia's
				  Comprehensive Wildlife Conservation Strategy, 2005 (referred to as the Virginia
				  Wildlife Action Plan), Virginia Department of Game and Inland Fisheries, 4010
				  West Broad Street, Richmond, Virginia. Available at the following Internet
				  address:
http://www.bewildvirginia.org/wildlifeplan/
.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 60 - SMALL RENEWABLE ENERGY PROJECTS (SOLAR) PERMIT BY RULE › Part III - Provisions for Projects Less Than or Equal to Five Megawatts or Less Than orEqual to 10 Acres or Meeting Certain Categorical Criteria › Section 9VAC15-60-130 - Small solar energy projects less than or equal to five megawatts or less than or equal to 10 acres or meeting certain categorical criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner or
				  operator of a small solar energy project is not required to submit any
				  notification or certification to the department if he meets at least one of the
				  following criteria:
1. The small solar energy
				  project has either a rated capacity equal to or less than 500 kilowatts or a
				  disturbance zone equal to or less than two acres; or
2. The small solar project falls within at
				  least one of the following categories, without regard to the rated capacity or
				  the disturbance zone of the project:
a. The
				  small solar energy project is mounted on a single-family or duplex private
				  residence.
b. The small solar
				  energy project is mounted on one or more buildings less than 50 years old or,
				  if 50 years of age or older, have been evaluated and determined by DHR within
				  the preceding seven years to be not VLR-eligible.
c. The small solar energy project is mounted
				  over one or more existing parking lots, existing roads, or other previously
				  disturbed areas and any impacts to undisturbed areas do not exceed an
				  additional two acres.
d. The small
				  solar energy project utilizes integrated PV only, provided that the building or
				  structure on which the integrated PV materials are used is less than 50 years
				  old or, if 50 years of age or older, has been evaluated and determined by DHR
				  within the preceding seven years to be not VLR-eligible.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 60 - SMALL RENEWABLE ENERGY PROJECTS (SOLAR) PERMIT BY RULE › Part IV - Enforcement › Section 9VAC15-60-140 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
The department may enforce the provisions of this chapter
					 and any permits by rule authorized under this chapter in accordance with
					 §§ 10.1-1197.9, 10.1-1197.10, and 10.1-1197.11 of the Code of
					 Virginia. In so doing, the department may:
1. Issue directives in accordance with the
				  law;
2. Issue special orders in
				  accordance with the law;
3. Issue
				  emergency special orders in accordance with the law;
4. Seek injunction, mandamus, or other
				  appropriate remedy as authorized by the law;
5. Seek civil penalties under the law;
				  or
6. Seek remedies under the law,
				  or under other laws including the common law.
Statutory Authority
§ 10.1-1197.6 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 70 - SMALL RENEWABLE ENERGY PROJECTS (COMBUSTION) PERMIT BY RULE › Section 9VAC15-70-20 - Authority and applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter is issued under authority of
				Article 5 (§ 10.1-1197.5 et seq.) of Chapter 11.1 of Title 10.1 of the
				Code of Virginia. The chapter contains requirements for combustion energy
				projects that are designed for, or capable of, operation at a rated capacity
				equal to or less than 20 megawatts.
B. The department has determined that a
				permit by rule is required for combustion energy projects with a rated capacity
				greater than five megawatts, provided that the projects do not otherwise meet
				the criteria for Part III (9VAC15-70-130 et seq.)
				of this chapter; and this regulation contains the permit by rule provisions for
				these projects in Part II (9VAC15-70-30 et seq.)
				of this chapter.
C. The department
				has determined that different provisions should apply to projects that meet the
				criteria as set forth in Part III (9VAC15-70-130 ) of this chapter,
				and this regulation contains the requirements, if any, for these projects in
				Part III (9VAC15-70-130 ) of this chapter.
				Projects that meet the criteria for Part III of this chapter are deemed to be
				covered by the permit by rule.
Statutory Authority
§ 10.1-1197.6 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 70 - SMALL RENEWABLE ENERGY PROJECTS (COMBUSTION) PERMIT BY RULE › Part II - Permit by Rule Provisions for Combustion Energy Projects with Rated Capacity Greater Than Five Megawatts and Not Otherwise Meeting Criteria for Part III › Section 9VAC15-70-40 - Analysis of the beneficial and adverse impacts on natural resources

Current through Register Vol. 40, No. 24, July 15, 2024
A. Analyses of
				  wildlife. To fulfill the requirements of § 10.1-1197.6B 7 of the Code of
				  Virginia, the applicant shall conduct preconstruction wildlife analyses. The
				  analyses of wildlife shall include the following if the disturbance zone
				  exceeds 10 acres and the project does not meet the criteria of
				  9VAC15-70-130 B 2 a (2):
1. The applicant shall obtain a wildlife
				  report and map generated from DGIF's Virginia Fish and Wildlife Information
				  Service web-based application (9VAC15-70-120 C 3) or
				  from a data and mapping system including the most recent data available from
				  DGIF's subscriber-based Wildlife Environmental Review Map Service of the
				  following:
(i) T&E species within the
				  project's disturbance zone;
(ii)
				  known wildlife species and habitat features within the project's disturbance
				  zone and within two miles of the boundary of the project's disturbance zone;
				  and
(iii) known or potential sea
				  turtle nesting beaches located within one-half mile of the disturbance
				  zone.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 70 - SMALL RENEWABLE ENERGY PROJECTS (COMBUSTION) PERMIT BY RULE › Part II - Permit by Rule Provisions for Combustion Energy Projects with Rated Capacity Greater Than Five Megawatts and Not Otherwise Meeting Criteria for Part III › Section 9VAC15-70-50 - Determination of likely significant adverse impacts for combustion energy projects with rated capacity greater than five megawatts

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department shall find that significant
				  adverse impacts to wildlife are likely whenever the wildlife analyses
				  prescribed in
				  9VAC15-70-40 A document that any of
				  the following conditions exists:
1.
				  State-listed T&E wildlife are found to occur within the disturbance
				  zone;
2. The disturbance zone is
				  located on or within one-half mile of a known or potential sea turtle nesting
				  beach; or
3. The disturbance zone
				  is located in part or in whole within zone 1, 2, 3, 4, 5, 10, 11, 12, or 14 on
				  the Coastal Avian Protection Zones (CAPZ) map and the height of the tallest
				  point of the built structures exceeds 200 feet.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 70 - SMALL RENEWABLE ENERGY PROJECTS (COMBUSTION) PERMIT BY RULE › Part II - Permit by Rule Provisions for Combustion Energy Projects with Rated Capacity Greater Than Five Megawatts and Not Otherwise Meeting Criteria for Part III › Section 9VAC15-70-70 - Site plan and context map requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant shall submit a site plan
				  that includes maps showing the physical features, topography, and land cover of
				  the area within the site, both before and after construction of the proposed
				  project. The site plan shall be submitted at a scale sufficient to show and
				  shall include the following:
(i) the
				  boundaries of the site;
(ii) the
				  location, height, and approximate dimensions of all existing and proposed
				  infrastructure;
(iii) the location,
				  grades, and dimensions of all temporary and permanent on-site and access roads
				  from the nearest county or state maintained road; and
(iv) water bodies, waterways, wetlands, and
				  drainage channels.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 70 - SMALL RENEWABLE ENERGY PROJECTS (COMBUSTION) PERMIT BY RULE › Part II - Permit by Rule Provisions for Combustion Energy Projects with Rated Capacity Greater Than Five Megawatts and Not Otherwise Meeting Criteria for Part III › Section 9VAC15-70-80 - Combustion energy project design standards

Current through Register Vol. 40, No. 24, July 15, 2024
The design and installation of the combustion energy
					 project shall incorporate any requirements of the mitigation plan that pertain
					 to design and installation, if a mitigation plan is required pursuant to
					 9VAC15-70-50.
Statutory Authority
§ 10.1-1197.6 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 70 - SMALL RENEWABLE ENERGY PROJECTS (COMBUSTION) PERMIT BY RULE › Part II - Permit by Rule Provisions for Combustion Energy Projects with Rated Capacity Greater Than Five Megawatts and Not Otherwise Meeting Criteria for Part III › Section 9VAC15-70-90 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Before the initiation of any construction at the combustion energy project, the
				  applicant shall comply with this section. The owner or operator shall first
				  publish a notice once a week for two consecutive weeks in a major local
				  newspaper of general circulation informing the public that he intends to
				  construct and operate a project eligible for a permit by rule. No later than
				  the date of newspaper publication of the initial notice, the owner or operator
				  shall submit to the department a copy of the notice along with electronic
				  copies of all documents that the applicant plans to submit in support of the
				  application. The notice shall include:
1. A
				  brief description of the proposed project and its location, including the
				  approximate dimensions of the site, approximate number and configuration of
				  systems, and approximate maximum height of systems;
2. A statement that the purpose of the public
				  participation is to acquaint the public with the technical aspects of the
				  proposed project and how the standards and the requirements of this chapter
				  will be met, to identify issues of concern, to facilitate communication, and to
				  establish a dialogue between the owner or operator and persons who may be
				  affected by the project;
3.
				  Announcement of a 30-day comment period in accordance with subsection C of this
				  section and the name, telephone number, address, and email address of the
				  applicant who can be contacted by the interested persons to answer questions or
				  to whom comments shall be sent;
4.
				  Announcement of the date, time, and place for a public meeting held in
				  accordance with subsection D of this section; and
5. Location where copies of the documentation
				  to be submitted to the department in support of the permit by rule application
				  will be available for inspection.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 70 - SMALL RENEWABLE ENERGY PROJECTS (COMBUSTION) PERMIT BY RULE › Part II - Permit by Rule Provisions for Combustion Energy Projects with Rated Capacity Greater Than Five Megawatts and Not Otherwise Meeting Criteria for Part III › Section 9VAC15-70-100 - Change of ownership, project modifications, termination

Current through Register Vol. 40, No. 24, July 15, 2024
A. Change of
				  ownership. A permit by rule may be transferred to a new owner or operator if:
1. The department receives notification of
				  the change of ownership within 30 days of the transfer; and
2. The notice includes written agreement by
				  the new owner or operator to comply with all requirements of the existing
				  permit by rule and the date on which permit responsibility is transferred to
				  the new owner or operator.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 70 - SMALL RENEWABLE ENERGY PROJECTS (COMBUSTION) PERMIT BY RULE › Part II - Permit by Rule Provisions for Combustion Energy Projects with Rated Capacity Greater Than Five Megawatts and Not Otherwise Meeting Criteria for Part III › Section 9VAC15-70-110 - Fees for projects subject to Part II of this chapter

Current through Register Vol. 40, No. 24, July 15, 2024
A. Purpose. The purpose of this section is to
				  establish schedules and procedures pertaining to the payment and collection of
				  fees from any applicant seeking a new permit by rule or a modification to an
				  existing permit by rule for a combustion energy project subject to Part II
				  (9VAC15-70-30 et seq.) of this
				  chapter.
B. Permit fee payment and
				  deposit. Fees for permit by rule applications or modifications shall be paid by
				  the applicant as follows:
1. Due date. All
				  permit application fees or modification fees are due on submittal day of the
				  application or modification package.
2. Method of payment. Fees shall be paid by
				  check, draft, or postal money order made payable to "Treasurer of Virginia/DEQ"
				  and shall be sent to the Department of Environmental Quality, Receipts Control,
				  P.O. Box 1104, Richmond, VA 23218.
3. Incomplete payments. All incomplete
				  payments shall be deemed nonpayments.
4. Late payment. No application or
				  modification submittal will be deemed complete until the department receives
				  proper payment.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 70 - SMALL RENEWABLE ENERGY PROJECTS (COMBUSTION) PERMIT BY RULE › Part II - Permit by Rule Provisions for Combustion Energy Projects with Rated Capacity Greater Than Five Megawatts and Not Otherwise Meeting Criteria for Part III › Section 9VAC15-70-120 - Internet accessible resources

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter refers to resources to be
				  used by applicants in gathering information to be submitted to the department.
				  These resources are available through the Internet; therefore, in order to
				  assist applicants, the uniform resource locator or Internet address is provided
				  for each of the references listed in this section.
B. Internet available resources.
1. The Virginia Landmarks Register, Virginia
				  Department of Historic Resources, 2801 Kensington Avenue, Richmond, Virginia.
				  Available at the following Internet address:
http://www.dhr.virginia.gov/registers/register.htm
.
2. Professional Qualifications Standards, the
				  Secretary of the Interior's Standards and Guidelines for Archeology and
				  Historic Preservation, as amended and annotated (48 FR 44716-740, September 29,
				  1983), National Parks Service, Washington, DC. Available at the following
				  Internet address: http://www.nps.gov/history/local-law/arch_stnds_9.htm [File
				  Link Not Available].
3. The Natural
				  Communities of Virginia, Classification of Ecological Community Groups,
				  Virginia Department of Conservation and Recreation, Division of Natural
				  Heritage, Richmond, VA. Available at the following Internet address:
				  http://www.dcr.virginia.gov/natural_heritage/ncintro.shtml [File Link Not
				  Available].
4. Virginia's
				  Comprehensive Wildlife Conservation Strategy, 2005 (referred to as the Virginia
				  Wildlife Action Plan), Virginia Department of Game and Inland Fisheries, 4010
				  West Broad Street, Richmond, Virginia. Available at the following Internet
				  address:
http://www.bewildvirginia.org/wildlifeplan/
.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 70 - SMALL RENEWABLE ENERGY PROJECTS (COMBUSTION) PERMIT BY RULE › Part III - Provisions for Projects with Rated Capacity Less Than or Equal to FiveMegawatts or Meeting Other Specified Criteria › Section 9VAC15-70-130 - Combustion energy projects with rated capacity less than or equal to five megawatts or meeting other specified criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner or operator of a combustion
				  energy project is not required to submit any notification or certification to
				  the department if the combustion energy project has a rated capacity equal to
				  or less than 500 kilowatts.
B. The
				  owner or operator of a combustion energy project shall notify the department
				  and shall submit a certification by the governing body of the locality or
				  localities wherein the project will be located that the project complies with
				  all applicable land use ordinances, if the project meets either of the
				  following criteria:
1. The combustion energy
				  project has a rated capacity greater than 500 kilowatts and less than or equal
				  to five megawatts; or
2. The
				  combustion energy project has a rated capacity greater than five megawatts and
				  meets all of the criteria specified in this subdivision.
a. The combustion energy project has a
				  disturbance zone:
(1) Less than or equal to 10
				  acres; or
(2) Greater than 10 acres
				  but utilizes existing parking lots, existing roads, or other previously
				  disturbed areas and any impacts to undisturbed areas do not exceed an
				  additional 10 acres;
b.
				  The tallest point of the built structures does not exceed 200 feet;
				  and
c. If utilizing or demolishing
				  existing buildings, utilizes or demolishes existing buildings:
(1) Less than 50 years of age; or
(2) 50 years of age or older that have been
				  evaluated and determined by DHR within the preceding seven years to be not
				  VLR-eligible.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 70 - SMALL RENEWABLE ENERGY PROJECTS (COMBUSTION) PERMIT BY RULE › Part IV - Enforcement › Section 9VAC15-70-140 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
The department may enforce the provisions of this chapter
					 and any permits by rule authorized under this chapter in accordance with
					 §§ 10.1-1197.9, 10.1-1197.10, and 10.1-1197.11 of the Code of
					 Virginia. In so doing, the department may:
1. Issue directives in accordance with the
				  law;
2. Issue special orders in
				  accordance with the law;
3. Issue
				  emergency special orders in accordance with the law;
4. Seek injunction, mandamus or other
				  appropriate remedy as authorized by the law;
5. Seek civil penalties under the law;
				  or
6. Seek remedies under the law,
				  or under other laws including the common law.
Statutory Authority
§ 10.1-1197.6 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 90 - UNIFORM ENVIRONMENTAL COVENANTS ACT REGULATION › Section 9VAC15-90-20 - Authority and applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This regulation is issued under the authority of Chapter 12.2
				  (§ 10.1-1238 et seq.) of Title 10.1 of the Code of Virginia, the Uniform
				  Environmental Covenants Act (UECA). The regulation contains requirements for
				  UECA environmental covenants.
When the owner, holder, and agency agree that a UECA
				  environmental covenant shall be executed as part of an environmental response
				  project, then the environmental covenant shall fulfill all of the requirements
				  of this chapter.
Statutory Authority
§ 10.1-1250 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 90 - UNIFORM ENVIRONMENTAL COVENANTS ACT REGULATION › Section 9VAC15-90-30 - Virginia UECA Template

Current through Register Vol. 40, No. 24, July 15, 2024
A. Where
				the department is the agency or the holder of a UECA environmental covenant,
				the following requirements shall be met:
1.
				The applicant shall submit the UECA environmental covenant to the department in
				accordance with this chapter. In order to meet the regulatory submission
				requirements, applicants shall utilize the Virginia UECA Template as provided
				in subsection C of this section.
2.
				Provisions in the Virginia UECA Template that are marked with an asterisk (*)
				are required by law for all environmental covenants executed pursuant to the
				UECA. Other provisions in this Virginia UECA Template shall be included unless
				the department grants permission for particular provisions to be omitted,
				added, or modified.