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 VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 2 - Biosolids Applied to the Land › Section 9VAC25-31-570 - Frequency of monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A. Biosolids.
1. The frequency of monitoring for the
					 pollutants listed in Tables 1 through 4 of
					 9VAC25-31-540;
					 the pathogen density requirements in
					 9VAC25-31-710 A and B 2
					 through B 4; and the vector attraction reduction requirements in
					 9VAC25-31-720
					 B 1 through B 4, B 7 and B 8 shall be the frequency in Table 1 of this section.
TABLE 1
FREQUENCY OF MONITORING--LAND
								  APPLICATION
Amount of biosolids*
(metric tons per 365-day period)
Frequency
Greater than zero but less than 290
once per year
Equal to or greater than 290 but less than
								  1,500
once per quarter (four times a year)
Equal to or greater than 1,500 but less than
								  15,000
once per 60 days (six times per year)
Equal to or greater than 15,000
once per month (12 times per year)
*Either the amount of bulk biosolids applied to
								  the land or the amount of biosolids prepared for sale or give-away in a bag or
								  other container for application to the land (dry weight basis).
2. After the biosolids has been monitored for
					 two years at the frequency in Table 1 of this section, the department may
					 reduce the frequency of monitoring for pollutant concentrations and for the
					 pathogen density requirements in
					 9VAC25-31-710 A 5 b and
					 c.
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 9VAC25-31-580 - Recordkeeping

Current through Register Vol. 40, No. 24, July 15, 2024
A. Biosolids.
1. The person who prepares the biosolids in
					 9VAC25-31-510 B 1 or E shall
					 develop the following information and shall retain the information for five
					 years:
a. The concentration of each pollutant
					 listed in Table 3 of
					 9VAC25-31-540 in the
					 biosolids;
b. The following
					 certification statement:
"I certify, under penalty of law, that the information
						that will be used to determine compliance with the Class A pathogen
						requirements in
						9VAC25-31-710 A and the vector
						attraction reduction requirement in (insert one of the vector attraction
						reduction requirements in
						9VAC25-31-720 B 1 through B 8) was
						prepared under my direction and supervision in accordance with the system
						designed to ensure that qualified personnel properly gather and evaluate this
						information. I am aware that there are significant penalties for false
						certification including the possibility of fine and imprisonment.";
c. A description of how the Class
					 A pathogen requirements in
					 9VAC25-31-710 A are met;
					 and
d. A description of how one of
					 the vector attraction reduction requirements in
					 9VAC25-31-720 B 1 through B 8 is
					 met.
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 9VAC25-31-590 - Reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. Class I sludge
					 management facilities, 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 shall
					 submit the following information to the department:
1. The information in
					 9VAC25-31-580 A, except the
					 information in
					 9VAC25-31-580 A 3 b, 4 b and 5 b,
					 for the appropriate requirements on February 19 of each year for the previous
					 calendar year's activity; and
2.
					 The information in
					 9VAC25-31-580 A 5 b (1) through (7)
					 on February 19 of each year for the previous calendar year's activity when 90%
					 or more of any of the cumulative pollutant loading rates in Table 2 of
					 9VAC25-31-540 is reached at a land
					 application 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 3 - Surface Disposal › Section 9VAC25-31-600 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This article
					 applies to any person who prepares sewage sludge that is placed on a surface
					 disposal site, to the owner/operator of a surface disposal site, to sewage
					 sludge placed on a surface disposal site, and to a surface disposal
					 site.
B. This article does not
					 apply to sewage sludge stored on the land or to the land on which sewage sludge
					 is stored. It also does not apply to sewage sludge that remains on the land for
					 longer than two years when the person who prepares the sewage sludge
					 demonstrates that the land on which the sewage sludge remains is not an active
					 sewage sludge unit. The demonstration shall include the following information,
					 which shall be retained by the person who prepares the sewage sludge for the
					 period that the sewage sludge remains on the land:
1. The name and address of the person who
					 prepares the sewage sludge;
2. The
					 name and address of the person who either owns the land or leases the
					 land;
3. The location, by either
					 street address or latitude and longitude, of the land;
4. An explanation of why sewage sludge needs
					 to remain on the land for longer than two years prior to final use or disposal;
					 and
5. The approximate time period
					 when the sewage sludge will be used or disposed.
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 3 - Surface Disposal › Section 9VAC25-31-610 - 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 3 - Surface Disposal › Section 9VAC25-31-620 - General requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person
					 shall place sewage sludge on an active sewage sludge unit unless the
					 requirements in this article are met.
B. An active sewage sludge unit located
					 within 60 meters of a fault that has displacement in Holocene time; located in
					 an unstable area; or located in a wetland, except as provided in a permit
					 issued pursuant to the law and § 402 or 404 of the CWA, shall close by
					 March 22, 1994, unless, in the case of an active sewage sludge unit located
					 within 60 meters of a fault that has displacement in Holocene time, otherwise
					 specified by the department.
C. The
					 owner/operator of an active sewage sludge unit shall submit a written closure
					 and post closure plan to the department 180 days prior to the date that the
					 active sewage sludge unit closes. The plan shall describe how the sewage sludge
					 unit will be closed and, at a minimum, shall include:
1. A discussion of how the leachate
					 collection system will be operated and maintained for three years after the
					 sewage sludge unit closes if the sewage sludge unit has a liner and leachate
					 collection system;
2. A description
					 of the system used to monitor for methane gas in the air in any structures
					 within the surface disposal site and in the air at the property line of the
					 surface disposal site, as required in
					 9VAC25-31-640
					 J 2; and
3. A discussion of how
					 public access to the surface disposal site will be restricted for three years
					 after the last sewage sludge unit in the surface disposal site
					 closes.
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 3 - Surface Disposal › Section 9VAC25-31-630 - Pollutant limits (other than domestic septage)

Current through Register Vol. 40, No. 24, July 15, 2024
A. Active sewage
					 sludge unit without a liner and leachate collection system.
1. Except as provided in subdivision A 2 and
					 subsection B of this section, the concentration of each pollutant listed in
					 Table 1 of this section in sewage sludge placed on an active sewage sludge unit
					 shall not exceed the concentration for the pollutant in Table 1 of this
					 section.
TABLE 1.
POLLUTANT CONCENTRATIONS--ACTIVE
								  SEWAGE SLUDGE UNIT WITHOUT A LINER AND LEACHATE COLLECTION
Pollutant Concentration
Concentration (milligrams per kilogram*)
Arsenic
73
Chromium
600
Nickel
420
*Dry weight basis
2. Except as provided in subsection B of this
					 section, the concentration of each pollutant listed in Table 1 of this section
					 in sewage sludge placed on an active sewage sludge unit whose boundary is less
					 than 150 meters from the property line of the surface disposal site shall not
					 exceed the concentration determined using the following procedure.
a. The actual distance from the active sewage
					 sludge unit boundary to the property line of the surface disposal site shall be
					 determined.
b. The concentration of
					 each pollutant listed in Table 2 of this section in the sewage sludge shall not
					 exceed the concentration in Table 2 of this section that corresponds to the
					 actual distance in subdivision 2 a of this subsection.
TABLE 2--POLLUTANT
								  CONCENTRATIONS
ACTIVE SEWAGE SLUDGE UNIT WITHOUT
								  A LINER AND LEACHATE COLLECTION SYSTEM THAT HAS A UNIT BOUNDARY TO PROPERTY
								  LINE DISTANCE LESS THAN 150 METERS
Unit boundary to property line
Pollutant concentration*
Distance (meters)
Arsenic (mg/kg)
Chromium (mg/kg)
Nickel (mg/kg)
0 to less than 25
30
200
210
25 to less than 50
34
220
240
50 to less than 75
39
260
270
75 to less than 100
46
300
320
100 to less than 125
53
360
390
125 to less than 150
62
450
420
*Dry weight basis
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 3 - Surface Disposal › Section 9VAC25-31-640 - Management practices

Current through Register Vol. 40, No. 24, July 15, 2024
A. Sewage sludge
					 shall not be placed on an active sewage sludge unit 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 et seq.) or its designated
					 critical habitat.
B. An active
					 sewage sludge unit shall not restrict the flow of a base flood.
C. When a surface disposal site is located in
					 a seismic impact zone, an active sewage sludge unit shall be designed to
					 withstand the maximum recorded horizontal ground level acceleration.
D. An active sewage sludge unit shall be
					 located 60 meters or more from a fault that has displacement in Holocene time,
					 unless otherwise specified by the department.
E. An active sewage sludge unit shall not be
					 located in an unstable area.
F. An
					 active sewage sludge unit shall not be located in a wetland, except as provided
					 in a permit issued by the department.
G.
1.
					 Run-off from an active sewage sludge unit shall be collected and shall be
					 disposed in accordance with this chapter and any other applicable
					 requirements.
2. The run-off
					 collection system for an active sewage sludge unit shall have the capacity to
					 handle run-off from a 24-hour, 25-year storm event.
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 3 - Surface Disposal › Section 9VAC25-31-650 - Operational standards - pathogens and vector attraction reduction

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pathogens-sewage
					 sludge (other than domestic septage). The Class A pathogens requirements in
					 9VAC25-31-710 A or one of the Class
					 B pathogen requirements in
					 9VAC25-31-710 B 2 through B 4 shall
					 be met when sewage sludge is placed on an active sewage sludge unit, unless the
					 vector attraction reduction requirement in
					 9VAC25-31-720 B 11 is
					 met.
B. Vector attraction reduction
					 - sewage sludge (other than domestic septage). One of the vector attraction
					 reduction requirements in
					 9VAC25-31-720 B 1 through B 11
					 shall be met when sewage sludge is placed on an active sewage sludge
					 unit.
C. Vector attraction
					 reduction - domestic septage. One of the vector attraction reduction
					 requirement in
					 9VAC25-31-720 B 9 through B 12
					 shall be met when domestic septage is placed on an active sewage sludge
					 unit.
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 VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 3 - Surface Disposal › Section 9VAC25-31-660 - Frequency of monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A. Sewage sludge
					 (other than domestic septage).
1. The
					 frequency of monitoring for the pollutants in Tables 1 and 2 of
					 9VAC25-31-630;
					 the pathogen density requirements in
					 9VAC25-31-710 A and in
					 9VAC25-31-710 B 2; and
					 the vector attraction reduction requirements in
					 9VAC25-31-720
					 B 1 through B 4, B 7 and B 8 for sewage sludge placed on an active sewage
					 sludge unit shall be the frequency in Table 1 of this section.
TABLE 1
FREQUENCY OF MONITORING--SURFACE
								  DISPOSAL
Amount of sewage sludge*
(metric tons per 365-day period)
Frequency
Greater than zero but less than 290
once per year
Equal to or greater than 290 but less than
								  1,500
once per quarter (four times per year)
Equal to or greater than 1,500 but less than
								  15,000
once per 60 days (six times per year)
Equal to or greater than 15,000
once per month (12 times per year)
*Amount of sewage sludge placed on an active
								  sewage sludge unit (dry weight basis).
2. After the sewage sludge has been monitored
					 for two years at the frequency in Table 1 of this section, the department may
					 reduce the frequency of monitoring for pollutant concentrations and for the
					 pathogen density requirements in
					 9VAC25-31-710 A 5 b and
					 c.
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 3 - Surface Disposal › Section 9VAC25-31-670 - Recordkeeping

Current through Register Vol. 40, No. 24, July 15, 2024
A. When sewage
					 sludge (other than domestic septage) is placed on an active sewage sludge unit:
1. The person who prepares the sewage sludge
					 shall develop the following information and shall retain the information for
					 five years:
a. The concentration of each
					 pollutant listed in Table 1 of
					 9VAC25-31-630 in the sewage sludge
					 when the pollutant concentrations in Table 1 of
					 9VAC25-31-630 are met;
b. The following certification statement:
"I certify, under penalty of law, that the information
						that will be used to determine compliance with the pathogen requirements in
						(insert 9VAC25-31-710 A, B 2, B 3, or B 4
						when one of those requirements is met) and the vector attraction reduction
						requirements in (insert one of the vector attraction reduction requirements in
						9VAC25-31-720 B 1 through B 8 when
						one of those requirements is met) was prepared under my direction and
						supervision in accordance with the system designed to ensure that qualified
						personnel properly gather and evaluate this information. I am aware that there
						are significant penalties for false certification including the possibility of
						fine and imprisonment.";
c.
					 A description of how the pathogen requirements in
					 9VAC25-31-710 A, B 2, B 3, or B 4
					 are met when one of those requirements is met; and
d. A description of how one of the vector
					 attraction reduction requirements in
					 9VAC25-31-720 B 1 through B 8 is
					 met when one of those requirements is met.
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 3 - Surface Disposal › Section 9VAC25-31-680 - Reporting

Current through Register Vol. 40, No. 24, July 15, 2024
Class I sludge management facilities, 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 shall submit the information in
						9VAC25-31-670 A to the department
						on February 19 of each year for the previous year's activity.
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 VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 4 - Pathogens and Vector Attraction Reduction › Section 9VAC25-31-690 - Scope

Current through Register Vol. 40, No. 24, July 15, 2024
A. This article
					 contains the requirements for biosolids to be classified either Class A or
					 Class B with respect to pathogens.
B. This article contains the site
					 restrictions for land on which a Class B biosolids is applied.
C. This article contains the pathogen
					 requirements for domestic septage applied to agricultural land, forest, or a
					 reclamation site.
D. This article
					 contains alternative vector attraction reduction requirements for biosolids
					 that is applied to the land or sewage sludge that 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 4 - Pathogens and Vector Attraction Reduction › Section 9VAC25-31-700 - 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 4 - Pathogens and Vector Attraction Reduction › Section 9VAC25-31-720 - Vector attraction reduction

Current through Register Vol. 40, No. 24, July 15, 2024
A. Vector
					 attraction reduction requirements:
1. One of
					 the vector attraction reduction requirements in subdivisions B 1 through B 10
					 of this section shall be met when bulk biosolids is applied to agricultural
					 land, forest, a public contact site, or a reclamation site.
2. One of the vector attraction reduction
					 requirements in subdivisions B 1 through B 8 of this section shall be met when
					 bulk biosolids is applied to a lawn or a home garden.
3. One of the vector attraction reduction
					 requirements in subdivisions B 1 through B 8 of this section shall be met when
					 biosolids is sold or given away in a bag or other container for application to
					 the land.
4. One of the vector
					 attraction reduction requirements in subdivisions B 1 through B 11 of this
					 section shall be met when sewage sludge (other than domestic septage) is placed
					 on an active sewage sludge unit.
5.
					 One of the vector attraction reduction requirements in subdivision B 9, B 10,
					 or B 12 of this section shall be met when domestic septage is applied to
					 agricultural land, forest, or a reclamation site and one of the vector
					 attraction reduction requirements in subdivisions B 9 through B 12 of this
					 section shall be met when domestic septage is placed on an active sewage sludge
					 unit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VII - General Pretreatment Regulations for Existing and New Sources of Pollution › Section 9VAC25-31-730 - Purpose and applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  This part establishes the responsibilities of state and local government,
				  industry and the public to implement the national pretreatment standards and
				  requirements to control pollutants which pass through or interfere with
				  treatment processes in Publicly Owned Treatment Works (POTWs) or which may
				  contaminate sewage sludge.
B. This
				  part applies:
1. To pollutants from
				  nondomestic sources covered by pretreatment standards which are indirectly
				  discharged into or transported by truck or rail or otherwise introduced into
				  POTWs;
2. To POTWs which receive
				  wastewater from sources subject to national pretreatment standards;
				  and
3. To any new or existing
				  source subject to pretreatment standards. National pretreatment standards do
				  not apply to sources which discharge to a sewer which is not connected to a
				  POTW treatment plant.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VII - General Pretreatment Regulations for Existing and New Sources of Pollution › Section 9VAC25-31-740 - Objectives of general pretreatment regulations

Current through Register Vol. 40, No. 24, July 15, 2024
By establishing the responsibilities of government and
					 industry to implement national pretreatment standards and requirements this
					 part fulfills three objectives:
A. To
				  prevent the introduction of pollutants into POTWs which will interfere with the
				  operation of a POTW, including interference with its use or disposal of
				  municipal sludge;
B. To prevent the
				  introduction of pollutants into POTWs which will pass through the treatment
				  works or otherwise be incompatible with such works; and
C. To improve opportunities to recycle and
				  reclaim municipal and industrial wastewaters and sludges.
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 VII - General Pretreatment Regulations for Existing and New Sources of Pollution › Section 9VAC25-31-750 - Incorporation of federal regulations

Current through Register Vol. 40, No. 24, July 15, 2024
The following federal regulations are hereby incorporated
					 into this chapter:
1. 40 CFR Part 403,
				  Appendix B - E, and Appendix G.
2.
				  40 CFR Part 136, Guidelines for Establishing Test Procedures for the Analysis
				  of Pollutants.
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 VII - General Pretreatment Regulations for Existing and New Sources of Pollution › Section 9VAC25-31-760 - Local law

Current through Register Vol. 40, No. 24, July 15, 2024
Nothing in this part is intended to affect any
					 pretreatment requirements, including any standards or prohibitions, established
					 by local law as long as the local requirements are not less stringent than any
					 set forth in national pretreatment standards, or any other requirements or
					 prohibitions established under the Clean Water Act, the law, or this
					 chapter.
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 VII - General Pretreatment Regulations for Existing and New Sources of Pollution › Section 9VAC25-31-770 - National pretreatment standards: prohibited discharges

Current through Register Vol. 40, No. 24, July 15, 2024
A.
1.
				  General prohibitions. A user may not introduce into any POTW any pollutant or
				  pollutants which cause pass through, interference or violation of water quality
				  standards. These general prohibitions and the specific prohibitions in
				  subsection B of this section apply to each user introducing pollutants into a
				  POTW whether or not the user is subject to other national pretreatment
				  standards or any national, state, or local pretreatment requirements.
2. Affirmative defenses. A user shall have an
				  affirmative defense in any action brought against it alleging a violation of
				  the general prohibitions established in subdivision A 1 of this section and the
				  specific prohibitions in subdivisions B 3, 4, 5, 6, and 7 of this section where
				  the user can demonstrate that:
a. It did not
				  know or have reason to know that its discharge, alone or in conjunction with a
				  discharge or discharges from other sources, would cause pass through or
				  interference; and
b.
(1) A local limit designed to prevent pass
				  through or interference or both, as the case may be, was developed in
				  accordance with subsection C of this section for each pollutant in the user's
				  discharge that caused pass through or interference, and the user was in
				  compliance with each such local limit directly prior to and during the pass
				  through or interference; or
(2) If
				  a local limit designed to prevent pass through or interference or both, as the
				  case may be, has not been developed in accordance with subsection C of this
				  section for the pollutant or pollutants that caused the pass through or
				  interference, the user's discharge directly prior to and during the pass
				  through or interference did not change substantially in nature or constituents
				  from the user's prior discharge activity when the POTW was regularly in
				  compliance with the POTW's VPDES permit requirements and, in the case of
				  interference, applicable requirements for sewage sludge use or
				  disposal.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VII - General Pretreatment Regulations for Existing and New Sources of Pollution › Section 9VAC25-31-805 - Pretreatment requirements for testing for PFAS chemicals

Current through Register Vol. 40, No. 24, July 15, 2024
A. As used in
				  this section, "PFAS chemical" means
(i)
				  perfluorooctanoic acid (PFOA),
(ii)
				  perfluorooctane sulfonate (PFOS),
(iii) hexafluoropropylene oxide dimer acid (HFPODA),
(iv) perfluorobutane sulfonate (PFBS),
				  or
(v) any substance in a class of
				  fluorinated organic chemicals containing at least two adjacent fluorinated
				  carbon atoms, where one carbon atom is fully fluorinated and the other atom is
				  at least partially fluorinated, excluding gases and volatile liquids, also
				  referred to as perfluoroalkyl and polyfluoroalkyl substances, identified by a
				  publicly owned treatment works in its pretreatment program for which there is a
				  U.S. Environmental Protection Agency approved testing method.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VII - General Pretreatment Regulations for Existing and New Sources of Pollution › Section 9VAC25-31-810 - POTW pretreatment programs and/or authorization to revise pretreatment standards: submission for approval

Current through Register Vol. 40, No. 24, July 15, 2024
A. A POTW requesting approval of a POTW
				  pretreatment program shall develop a program description which includes the
				  information set forth in subdivisions B 1 through B 4 of this section. This
				  description shall be submitted to the department which will make a
				  determination on the request for program approval in accordance with the
				  procedures described in
				  9VAC25-31-830.
B. The program description must contain the
				  following information:
1. A statement from the
				  city solicitor or a city official acting in a comparable capacity (or the
				  attorney for those POTWs which have independent legal counsel) that the POTW
				  has authority adequate to carry out the programs described in
				  9VAC25-31-800. This statement
				  shall:
a. Identify the provision of the legal
				  authority under
				  9VAC25-31-800 F 1 which provides
				  the basis for each procedure under
				  9VAC25-31-800 F 2;
b. Identify the manner in which the POTW will
				  implement the program requirements set forth in
				  9VAC25-31-800, including the means
				  by which pretreatment standards will be applied to individual industrial users
				  (e.g., by order, permit, ordinance, etc.); and
c. Identify how the POTW intends to ensure
				  compliance with pretreatment standards and requirements, and to enforce them in
				  the event of noncompliance by industrial users;
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VII - General Pretreatment Regulations for Existing and New Sources of Pollution › Section 9VAC25-31-820 - 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 VII - General Pretreatment Regulations for Existing and New Sources of Pollution › Section 9VAC25-31-830 - Approval procedures for POTW pretreatment programs and POTW granting of removal credits

Current through Register Vol. 40, No. 24, July 15, 2024
The following procedures shall be adopted in approving or
					 denying requests for approval of POTW pretreatment programs and applications
					 for removal credit authorization:
A.
				  The director shall have 90 days from the date of public notice of any
				  submission complying with the requirements of
				  9VAC25-31-810 B and, where removal
				  credit authorization is sought with
				  9VAC25-31-790 E and
				  9VAC25-31-810 D, to review the
				  submission. The director shall review the submission to determine compliance
				  with the requirements of
				  9VAC25-31-800 B and F, and, where
				  removal credit authorization is sought, with
				  9VAC25-31-790. The director may
				  have up to an additional 90 days to complete the evaluation of the submission
				  if the public comment period provided for in subdivision B 1 b of this section
				  is extended beyond 30 days or if a public hearing is held as provided for in
				  subdivision B 2 of this section. In no event, however, shall the time for
				  evaluation of the submission exceed a total of 180 days from the date of public
				  notice of a submission meeting the requirements of
				  9VAC25-31-810 B and, in the case of
				  a removal credit application,
				  9VAC25-31-790 E and
				  9VAC25-31-810 B.
B. Upon receipt of a submission, the director
				  shall commence its review. Within 20 work days after making a determination
				  that a submission meets the requirements of
				  9VAC25-31-810 B and, where removal
				  allowance approval is sought,
				  9VAC25-31-790 D and
				  9VAC25-31-810 D, the director
				  shall:
1. Issue a public notice of request
				  for approval of the submission.
a. This public
				  notice shall be circulated in a manner designed to inform interested and
				  potentially interested persons of the submission. Procedures for the
				  circulation of public notice shall include:
(1) Mailing, by electronic or postal
				  delivery, notices of the request for approval of the submission to designated
				  CWA § 208 planning agencies, federal and state fish, shellfish, and
				  wildlife resource agencies (unless such agencies have asked not to be sent the
				  notices); and to any other person or group who has requested individual notice,
				  including those on appropriate mailing lists; and
(2) Publication of a notice of request for
				  approval of the submission in a newspaper(s) of general circulation within the
				  jurisdiction(s) served by the POTW that provides meaningful public
				  notice.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VII - General Pretreatment Regulations for Existing and New Sources of Pollution › Section 9VAC25-31-850 - Variances from categorical pretreatment standards for fundamentally different factors

Current through Register Vol. 40, No. 24, July 15, 2024
A. The term
				  "requester" means an industrial user or a POTW or other interested person
				  seeking a variance from the limits specified in a categorical pretreatment
				  standard.
B. Any interested person
				  believing that factors relating to an industrial user are fundamentally
				  different from the factors considered during development of a categorical
				  pretreatment standard applicable to that user and further, that the existence
				  of those factors justifies a different discharge limit than specified in the
				  applicable categorical pretreatment standard, may request a fundamentally
				  different factors variance under this section.
C. Criteria.
1. General criteria. A request for a variance
				  based upon fundamentally different factors shall be approved only if:
a. There is an applicable categorical
				  pretreatment standard which specifically controls the pollutant for which
				  alternative limits have been requested;
b. Factors relating to the discharge
				  controlled by the categorical pretreatment standard are fundamentally different
				  from the factors considered by EPA in establishing the standards; and
c. The request for a variance is made in
				  accordance with the procedural requirements in subsections G and H 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 VII - General Pretreatment Regulations for Existing and New Sources of Pollution › Section 9VAC25-31-860 - Confidentiality

Current through Register Vol. 40, No. 24, July 15, 2024
Any information submitted to the department pursuant to
					 this part may be claimed as secret formulae, secret processes or secret
					 methods, other than effluent data, by the submitter. Any such claim will be
					 considered under the conditions of
					 9VAC25-31-80.
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 VII - General Pretreatment Regulations for Existing and New Sources of Pollution › Section 9VAC25-31-870 - Net/gross calculation

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Application. Categorical pretreatment standards may be adjusted to reflect the
				  presence of pollutants in the industrial user's intake water in accordance with
				  this section. Any industrial user wishing to obtain credit for intake
				  pollutants must make application to the control authority. Upon request of the
				  industrial user, the applicable standard will be calculated on a "net" basis
				  (i.e., adjusted to reflect credit for pollutants in the intake water) if the
				  requirements of subsection B of this section are met.
B. Criteria.
1. Either
a.
				  The applicable categorical pretreatment standards contained in 40 CFR
				  subchapter N specifically provide that they shall be applied on a net basis;
				  or
b. The industrial user
				  demonstrates that the control system it proposes or uses to meet applicable
				  categorical pretreatment standards would, if properly installed and operated,
				  meet the standards in the absence of pollutants in the intake waters.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VII - General Pretreatment Regulations for Existing and New Sources of Pollution › Section 9VAC25-31-880 - Upset provision

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the
				  purposes of this section, "upset" means an exceptional incident in which there
				  is unintentional and temporary noncompliance with categorical pretreatment
				  standards because of factors beyond the reasonable control of the industrial
				  user. An upset does not include noncompliance to the extent caused by
				  operational error, improperly designed treatment facilities, inadequate
				  treatment facilities, lack of preventive maintenance, or careless or improper
				  operation.
B. An upset shall
				  constitute an affirmative defense to an action brought for noncompliance with
				  categorical pretreatment standards if the requirements of subsection C of this
				  section are met.
C. An industrial
				  user who wishes to establish the affirmative defense of upset shall
				  demonstrate, through properly signed, contemporaneous operating logs, or other
				  relevant evidence that:
1. An upset occurred
				  and the industrial user can identify the cause or causes of the
				  upset;
2. The facility was at the
				  time being operated in a prudent and workmanlike manner and in compliance with
				  applicable operation and maintenance procedures; and
3. The industrial user has submitted the
				  following information to the POTW and control authority within 24 hours of
				  becoming aware of the upset (if this information is provided orally, a written
				  submission must be provided within five days):
a. A description of the indirect discharge
				  and cause of noncompliance;
b. The
				  period of noncompliance, including exact dates and times or, if not corrected,
				  the anticipated time the noncompliance is expected to continue; and
c. Steps being taken or planned, or both, to
				  reduce, eliminate and prevent recurrence of the noncompliance.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VII - General Pretreatment Regulations for Existing and New Sources of Pollution › Section 9VAC25-31-890 - Bypass

Current through Register Vol. 40, No. 24, July 15, 2024
A. Definitions. For
				  the purpose of this section:
1. "Bypass" means
				  the intentional diversion of wastestreams from any portion of an industrial
				  user "s treatment facility.
2.
				  "Severe property damage" means substantial physical damage to property, damage
				  to the treatment facilities which causes them to become inoperable, or
				  substantial and permanent loss of natural resources which can reasonably be
				  expected to occur in the absence of a bypass. Severe property damage does not
				  mean economic loss caused by delays in production.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VII - General Pretreatment Regulations for Existing and New Sources of Pollution › Section 9VAC25-31-900 - Modification of POTW pretreatment programs

Current through Register Vol. 40, No. 24, July 15, 2024
A. Either the director or a POTW with an
				  approved POTW pretreatment program may initiate program modification at any
				  time to reflect changing conditions at the POTW. Program modification is
				  necessary whenever there is a significant change in the operation of a POTW
				  pretreatment program that differs from the information in the POTW's
				  submission, as approved under
				  9VAC25-31-830.
B. Substantial modifications defined.
				  Substantial modifications include:
1.
				  Modifications that relax POTW legal authorities (as described in
				  9VAC25-31-800 F 1, except for
				  modifications that directly reflect a revision to this part or to 40 CFR
				  Chapter I, Subchapter N, and are reported pursuant to subsection D of this
				  section;
2. Modifications that
				  relax local limits, except for the modifications to local limits for pH and
				  reallocations of the maximum allowable industrial loading of a pollutant that
				  do not increase the total industrial loadings for the pollutant, which are
				  reported pursuant to subsection D of this section. Maximum allowable industrial
				  loading means the total mass of a pollutant that all industrial users of a POTW
				  (or a subgroup of industrial users identified by the POTW) may discharge
				  pursuant to limits developed under
				  9VAC25-31-770 C;
3. Changes to the POTW's control mechanism as
				  described in
				  9VAC25-31-800 F 1 c;
4. A decrease in the frequency of
				  self-monitoring or reporting required of industrial users;
5. A decrease in the frequency of industrial
				  user inspections or sampling by the POTW;
6. Changes to the POTW's confidentiality
				  procedures; and
7. Other
				  modifications designated as substantial modifications by the director on the
				  basis that the modification could have a significant impact on the operation of
				  the POTW's pretreatment program, could result in an increase in pollutant
				  loadings at the POTW, or could result in less stringent requirements being
				  imposed on industrial users of the POTW.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VIII - Enforcement › Section 9VAC25-31-910 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department may enforce the provisions of this chapter by:
1. Issuing directives in accordance with the
				  law;
2. Issuing special orders in
				  accordance with the law;
3. Issuing
				  emergency special orders in accordance with the law;
4. Seeking injunction, mandamus or other
				  appropriate remedy as authorized by the law;
5. Seeking civil penalties under the law;
				  or
6. Seeking remedies under the
				  law, the CWA or under other laws including the common law.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VIII - Enforcement › Section 9VAC25-31-915 - Local enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. In the
				  event of a dispute concerning the existence of a violation between a permittee
				  and a locality that has adopted a local ordinance for testing and monitoring of
				  the land application of biosolids or industrial residuals, the activity alleged
				  to be in violation shall be halted pending a determination by the
				  director.
B. Upon determination by
				  the director that there has been a violation of § 62.1-44.16,
				  62.1-44.19:3, 62.1-44.19:3.1, or 62.1-44.19:3.3 of the Code of Virginia; of any
				  regulation promulgated under those sections; or of any permit or certificate
				  issued for land application of industrial residuals, and that such violation
				  poses an imminent threat to public health, safety, or welfare, the department
				  shall commence appropriate action to abate the violation and immediately notify
				  the chief administrative officer of any locality potentially affected by the
				  violation.
C. Local governments
				  shall promptly notify the department of all results from the testing and
				  monitoring of the land application of biosolids or industrial residuals
				  performed by persons employed by local governments and any violation of §
				  62.1-44.16, 62.1-44.19:3, 62.1-44.19:3.1, or 62.1-44.19:3.3 of the Code of
				  Virginia or of any permit or certificate issued for land application of
				  industrial residuals discovered by local governments.
D. Local governments receiving complaints
				  concerning land application of biosolids or industrial residuals shall notify
				  the department and the permit holder within 24 hours of receiving the
				  complaint.
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 IX - Miscellaneous › Section 9VAC25-31-920

Current through Register Vol. 40, No. 24, July 15, 2024
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 IX - Miscellaneous › Section 9VAC25-31-930 - Transition

Current through Register Vol. 40, No. 24, July 15, 2024
Upon the effective date of this chapter the following will
					 occur:
A. All applications received
				  after the effective date of the new chapter will be processed in accordance
				  with these new procedures.
B. A
				  National Pollutant Discharge Elimination System Permit issued by the board has
				  the same effect as a VPDES permit.
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.