reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 650 - CLOSURE PLANS AND DEMONSTRATION OF FINANCIAL CAPABILITY › Part III - Closure Plans and Financial Assurance Criteria › Section 9VAC25-650-90 - Trust Agreement

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner or
				  operator of a privately owned sewerage system may satisfy the requirements of
				  this chapter by establishing an irrevocable trust fund that conforms to the
				  requirements of this section and by submitting an originally signed duplicate
				  of the trust agreement to the department. The trustee shall be an entity that
				  has the authority to act as a trustee and whose trust operations are regulated
				  and examined by a federal agency or the State Corporation Commission
				  (Commonwealth of Virginia).
B. The
				  trust agreement shall be irrevocable and shall continue until terminated at the
				  written direction of the grantor, the trustee, and the department, or by the
				  trustee and the department if the grantor ceases to exist. Upon termination of
				  the trust, all remaining trust property, less final administration expenses,
				  shall be delivered to the grantor. The wording of the trust agreement shall be
				  identical to the wording as follows, except that instructions in parentheses
				  are to be replaced with the relevant information and the parentheses deleted.
				  The trust agreement shall be accompanied by a formal letter of certification of
				  acknowledgement as specified in this chapter.
TRUST AGREEMENT
Trust agreement, the "Agreement," entered into as of (date)
					 by and between (name of the owner or operator), a (name of state) (insert
					 "corporation," "partnership," "association," "proprietorship," or appropriate
					 identification of type of entity), the "Grantor," and (name of corporate
					 trustee), (insert "Incorporated in the state of ________" or "a national
					 bank"), the "Trustee."
Whereas, the State Water Control Board of the Commonwealth
					 of Virginia has established certain regulations applicable to the Grantor,
					 requiring that an owner or operator of a private sewage treatment facility
					 shall provide assurance that funds will be available when needed for
					 implementation of a closure plan. The attached Schedule A contains the name and
					 address of the facility covered by this trust agreement;
Whereas, the Grantor, acting through its duly authorized
					 officers, has selected the Trustee to be the trustee under this agreement, and
					 the Trustee is willing to act as trustee;
Now, therefore, the Grantor and the Trustee agree as
					 follows:
Section 1. Definitions. As
				  used in this Agreement:
(a) The term "Grantor"
				  means the owner or operator who enters into this Agreement and any successors
				  or assigns of the Grantor.
(b) The
				  term "Trustee" means the Trustee who enters into this Agreement and any
				  successor Trustee.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 650 - CLOSURE PLANS AND DEMONSTRATION OF FINANCIAL CAPABILITY › Part III - Closure Plans and Financial Assurance Criteria › Section 9VAC25-650-124 - Corporate financial test

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
				  owner or operator may satisfy the requirements for financial assurance by
				  demonstrating that he passes a financial test as specified in this section. To
				  pass this test the owner or operator shall meet the following criteria:
1. Financial component.
a. The owner or operator shall satisfy one of
				  the following three conditions:
(1) Supply
				  documentation demonstrating that the owner or operator has a current rating for
				  its senior unsubordinated debt of AAA, AA, A, or BBB as issued by Standard and
				  Poor's or Aaa, Aa, A or Baa as issued by Moody's;
(2) A ratio of less than 1.5 comparing total
				  liabilities to net worth; or
(3) A
				  ratio of greater than 0.10 comparing the sum of net income plus depreciation,
				  depletion, and amortization, minus $10 million, to total liabilities.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 650 - CLOSURE PLANS AND DEMONSTRATION OF FINANCIAL CAPABILITY › Part III - Closure Plans and Financial Assurance Criteria › Section 9VAC25-650-127 - Corporate guarantee

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner
				  or operator may meet the requirements of this part by obtaining a written
				  guarantee, referred to in this section as "corporate guarantee." The guarantor
				  shall be the direct or higher-tier parent corporation or direct or higher-tier
				  parent company of the owner or operator, a firm whose parent corporation or
				  parent company is also the parent corporation or parent company of the owner or
				  operator, or a firm with a "substantial business relationship" with the owner
				  or operator.
B. Financial
				  component. The guarantor shall meet the requirements for owners or operators in
				  9VAC25-650-124 and shall comply
				  with the terms of the corporate guarantee.
C. Reporting requirements.
1. The wording of the corporate guarantee
				  shall be identical to the wording specified in 9VAC25-650 127 G. The corporate
				  guarantee shall accompany the items sent to the director as specified in
				  9VAC25-650-124 A 2. A copy of the
				  guarantee and other items listed in of
				  9VAC25-650-124 A 2 shall be placed
				  in the facility's operating record.
2. If the guarantor's parent corporation is
				  also the parent corporation of the owner or operator, the letter shall describe
				  the value received in consideration of the guarantee. If the guarantor is a
				  firm with a "substantial business relationship" with the owner or operator,
				  this letter shall describe this "substantial business relationship" and the
				  value received in consideration of the guarantee.
3. If the owner or operator changes the
				  financial assurance mechanism to corporate guarantee from any other mechanism,
				  the guarantor shall submit the required items 60 days before the former
				  mechanism expires.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 650 - CLOSURE PLANS AND DEMONSTRATION OF FINANCIAL CAPABILITY › Part III - Closure Plans and Financial Assurance Criteria › Section 9VAC25-650-130 - Multiple financial mechanisms

Current through Register Vol. 40, No. 24, July 15, 2024
An owner or operator may satisfy the requirements of this
					 chapter by establishing more than one financial mechanism per facility, except
					 that mechanisms guaranteeing performance, rather than payment, may not be
					 combined with other mechanisms.
Statutory Authority
§§ 62.1-44.15 and 62.1-44.18:3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 650 - CLOSURE PLANS AND DEMONSTRATION OF FINANCIAL CAPABILITY › Part III - Closure Plans and Financial Assurance Criteria › Section 9VAC25-650-140 - Drawing on financial assurance mechanism

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department shall require the surety or institution issuing a letter of credit
				  or certificate of deposit to submit to the department the amount of funds
				  stipulated by the department, up to the limit of funds provided by the
				  financial assurance mechanism when:
1. The
				  owner or operator fails to establish alternate financial assurance within 60
				  days after receiving notice of cancellation of the surety bond, letter of
				  credit or certificate of deposit; or
2. The conditions of subsection B of this
				  section are satisfied.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 650 - CLOSURE PLANS AND DEMONSTRATION OF FINANCIAL CAPABILITY › Part III - Closure Plans and Financial Assurance Criteria › Section 9VAC25-650-150 - Waiver of requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department may waive the filing of the closure plan required pursuant to this
				  chapter for any person who operates a privately owned sewerage system or
				  treatment works subject to this regulation that was permitted prior to January
				  1, 2001, and discharges less than 5,000 gallons per day upon a finding that
				  such person has not violated any regulation of the board or order of the
				  department, any condition of a permit to operate the facility, or any provision
				  of the State Water Control Law, § 62.1-44.2 et seq. of the Code of
				  Virginia for a period of not less than five years.
B. No waiver shall be approved by the
				  department until after the governing body of the locality in which the facility
				  is located approves the waiver after a public hearing.
C. The department may revoke a waiver at any
				  time for good cause.
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.18:3 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 650 - CLOSURE PLANS AND DEMONSTRATION OF FINANCIAL CAPABILITY › Part III - Closure Plans and Financial Assurance Criteria › Section 9VAC25-650-160 - Release of the owner or operator from the financial assurance requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Where the
				  closure plan results in the termination of discharge to state waters and a
				  VPDES permit for the discharge is no longer required, the department shall
				  verify, within 60 days after receiving certification from the owner or operator
				  that the closure plan has been completed in accordance with the requirements of
				  the approved closure plan, permit or other order, whether the closure plan has
				  been completed. Unless the department has reason to believe that the closure
				  plan has not been implemented in accordance with the appropriate plan or other
				  requirements, the department shall notify the owner or operator in writing that
				  the owner or operator is no longer required to maintain financial assurance for
				  the particular facility. Such notice shall release the owner or operator only
				  from the requirements for financial assurance for the facility; it does not
				  release the owner or operator from legal responsibility for meeting the
				  facility closure standards. If no written notice of termination of financial
				  assurance requirements or of failure to properly implement the closure plan is
				  received by the owner or operator within 60 days after certifying proper
				  implementation of the closure plan, the owner or operator may request the
				  department for an immediate decision in which case the department shall respond
				  within 10 days after receipt of such request.
B. Where a VDPES permit for the facility is
				  no longer required under State Water Control Law, the department shall notify
				  the owner or operator in writing that the owner or operator is no longer
				  required to maintain financial assurance for the facility. Such notice shall
				  release the owner or operator only from the requirements for financial
				  assurance for the facility.
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.18:3 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 650 - CLOSURE PLANS AND DEMONSTRATION OF FINANCIAL CAPABILITY › Part III - Closure Plans and Financial Assurance Criteria › Section 9VAC25-650-170 - Cancellation or renewal by a provider of financial assurance

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as
				  otherwise provided, a provider of financial assurance may cancel or fail to
				  renew an assurance mechanism by sending a notice of termination by certified
				  mail to the owner or operator. Termination of a surety bond or a letter of
				  credit may not occur until 120 days after the date on which the owner or
				  operator receives the notice of termination, as evidenced by the return
				  receipt.
B. If a provider of
				  financial assurance cancels or fails to renew for reasons other than incapacity
				  of the provider as specified in
				  9VAC25-650-180,
				  the owner or operator shall obtain alternate coverage as specified in this
				  section and shall submit to the department the appropriate original forms
				  listed in
				  9VAC25-650-90,
				  9VAC25-650-100,
				  9VAC25-650-110,
				  or
				  9VAC25-650-120
				  documenting the alternate coverage within 60 days after receipt of the notice
				  of termination. If the owner or operator fails to obtain alternate coverage
				  within 60 days after receipt of the notice of termination, the owner or
				  operator shall immediately notify the department of such failure and submit:
1. The name and address of the provider of
				  financial assurance;
2. The
				  effective date of termination; and
3. A copy of the financial assurance
				  mechanism subject to the termination maintained in accordance with this
				  chapter.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 650 - CLOSURE PLANS AND DEMONSTRATION OF FINANCIAL CAPABILITY › Part III - Closure Plans and Financial Assurance Criteria › Section 9VAC25-650-180 - Incapacity of owners or operators, or financial institution

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner or
				  operator shall notify the department by certified mail of the commencement of a
				  voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
				  naming the owner or operator as debtor, within 10 days after commencement of
				  the proceeding.
B. An owner or
				  operator who fulfills the requirements of
				  9VAC25-650-50
				  D by obtaining a trust fund, a letter of credit, a surety bond, or certificate
				  of deposit will be deemed to be without the required financial assurance in the
				  event of bankruptcy of the trustee or issuing institution, or a suspension or
				  revocation of the authority of the trustee institution to act as trustee or of
				  the institution issuing a surety bond, letter of credit, or certificate of
				  deposit to issue such mechanisms. The owner or operator shall establish other
				  financial assurance within 60 days of such event.
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.18:3 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 650 - CLOSURE PLANS AND DEMONSTRATION OF FINANCIAL CAPABILITY › Part III - Closure Plans and Financial Assurance Criteria › Section 9VAC25-650-190

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.18:3 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 650 - CLOSURE PLANS AND DEMONSTRATION OF FINANCIAL CAPABILITY › Part III - Closure Plans and Financial Assurance Criteria › Section 9VAC25-650-200 - Notices to the Department of Environmental Quality

Current through Register Vol. 40, No. 24, July 15, 2024
All requirements of this chapter for notification to the
					 Department of Environmental Quality shall be addressed as follows:
Mailing Address:
Location Address:
Director
Director
Department of Environmental Quality
Department of Environmental Quality
P.O. Box 1105
1111 East Main Street, Suite 1400
Richmond, Virginia 23218
Richmond, Virginia 23219
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.18:3 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 660 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-660-15 - Statewide information requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The department may request (i) such plans, specifications,
				  and other pertinent information as may be necessary to determine the effect of
				  an applicant's discharge on the quality of state waters or (ii) such other
				  information as may be necessary to accomplish the purposes of this chapter. Any
				  owner, permittee, or person applying for a VWP permit or general permit
				  coverage shall provide the information requested by the
				  department.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; § 401 of the Clean Water Act (33 USC §
												1251 et
					 seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 660 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-660-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish VWP General
				  Permit Number WP1 under 9VAC25-210 to govern permanent and temporary impacts to
				  less than one-half acre of nontidal wetlands or open water and up to 300 linear
				  feet of nontidal stream bed. Applications for coverage by this VWP general
				  permit shall be processed for approval, approval with conditions, or denial by
				  the department. Coverage, coverage with conditions, or application denial by
				  the department shall constitute the VWP general permit action and shall follow
				  all provisions in the State Water Control Law (§ 62.1-44.2 et seq. of the
				  Code of Virginia), except for the public comment and participation provisions,
				  from which each VWP general permit action is exempt.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; § 401 of the Clean Water Act (33 USC §
												1251 et
					 seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 660 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-660-25 - Authorization for coverage under VWP general permit effective August 1, 2006

Current through Register Vol. 40, No. 24, July 15, 2024
A. All complete
				applications or notifications received by the department through 11:59 p.m. on
				August 1, 2016, shall be processed in accordance with the VWP general permit
				regulation in effect August 1, 2006, through August 1, 2016. If the application
				or notification is incomplete or if there is not adequate time as allowed by
				§ 62.1-44.15:21 of the Code of Virginia to make a completeness
				determination, the applicant shall reapply for coverage under the VWP general
				permit effective August 2, 2016, or apply for a VWP individual permit,
				including payment of any required permit application fee. No refund of permit
				application fees shall be made.
B.
				VWP general permit authorizations granted through 11:59 p.m. on August 1, 2016,
				shall remain in full force and effect until 11:59 p.m. on the expiration date
				stated on the VWP authorization cover page, unless otherwise revoked or
				terminated or unless a notice of project completion is received by the
				department on or before that date. Any permittee that desires to continue an
				authorized activity beyond the stated expiration date must reapply for coverage
				under the VWP general permit effective August 2, 2016, pursuant to its terms,
				standards, and conditions, or apply for a VWP individual permit, including
				payment of any required permit application fee. This section shall only apply
				to permittees holding valid authorizations for coverage granted under the VWP
				general permit effective August 1, 2006, through August 1, 2016.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; § 401 of the Clean Water Act (33 USC §
												1251 et
					 seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 660 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-660-27 - VWP general permit coverage; transition; continuation

Current through Register Vol. 40, No. 24, July 15, 2024
A. All applications
				or notifications received on or after August 2, 2016, will be processed in
				accordance with the VWP general permit regulation effective August 2,
				2016.
B. The general permit in
				9VAC25-660-100
				is effective August 2, 2016, and expires August 1, 2026. Any coverage that is
				granted pursuant to
				9VAC25-660-30
				shall remain in full force and effect until 11:59 p.m. on August 1, 2026,
				unless the general permit coverage is terminated or revoked on or before this
				date. Where a permittee that has received general permit coverage desires to
				continue or complete the authorized activities beyond August 1, 2026, the
				permittee shall reapply for new general permit coverage or for a VWP individual
				permit, including payment of any required permit application fee. Activities in
				surface waters requiring a permit shall not commence or continue until VWP
				general permit coverage is granted or a VWP individual permit is issued by the
				department.
C. Application may be
				made at any time for a VWP individual permit in accordance with 9VAC25-210.
				Activities in surface waters requiring a permit shall not commence or continue
				until VWP general permit coverage is granted or a VWP individual permit is
				issued by the department.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; § 401 of the Clean Water Act (33 USC §
												1251 et
					 seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 660 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-660-30 - Authorization to impact surface waters

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person
				granted coverage under the VWP general permit effective August 2, 2016, may
				permanently or temporarily impact less than one-half acre of nontidal wetlands
				or open water and up to 300 linear feet of nontidal stream bed, provided that:
1. The applicant submits notification as
				required in
				9VAC25-660-50 and
				9VAC25-660-60.
2. The applicant remits any required permit
				application fee.
3. The applicant
				receives general permit coverage from the Department of Environmental Quality
				and complies with the limitations and other requirements of the VWP general
				permit; the general permit coverage letter; the Clean Water Act, as amended;
				and the State Water Control Law and attendant regulations.
4. The applicant has not been required to
				obtain a VWP individual permit under 9VAC25-210 for the proposed project
				impacts. The applicant, at his discretion, may seek a VWP individual permit or
				coverage under another applicable VWP general permit in lieu of coverage under
				this VWP general permit.
5.
				Impacts, both temporary and permanent, result from a single and complete
				project, including all attendant features.
a.
				Where a road segment (e.g., the shortest segment of a road with independent
				utility that is part of a larger project) has multiple crossings of surface
				waters (several single and complete projects), the department may, at its
				discretion, require a VWP individual permit.
b. For the purposes of this chapter, when an
				interchange has multiple crossings of surface waters, the entire interchange
				shall be considered the single and complete project.
6. The stream impact criterion applies to all
				components of the project, including structures and stream channel
				manipulations.
7. When required,
				compensation for unavoidable impacts is provided in accordance with §
				62.1-44.15:23 of the Code of Virginia,
				9VAC25-660-70, and
				the associated provisions of
				9VAC25-210-116.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 660 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-660-35 - Administrative continuance

Current through Register Vol. 40, No. 24, July 15, 2024
Beginning on August 2, 2016, in any case where an existing
				  permittee has submitted a timely and complete notification or application for
				  coverage under the next consecutive VWP general permit, in accordance with
				  9VAC25-660-50 and
				  9VAC25-660-60 and the board,
				  through no fault of the permittee, does not issue the next consecutive VWP
				  general permit with an effective date on or before the expiration date of the
				  expiring VWP general permit, the conditions of that expiring VWP general permit
				  and any requirements of coverage granted under it shall continue in force until
				  the effective date of the next consecutive VWP general
				  permit.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
					 § 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 660 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-660-50 - Notification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Notification to
				the department will be required prior to commencing construction, as follows:
1. An application for coverage for proposed,
				permanent nontidal wetland or open water impacts greater than one-tenth acre or
				for proposed, permanent nontidal stream bed impacts greater than 300 linear
				feet shall include all information pursuant to
				9VAC25-660-60 B.
				Compensatory mitigation may be required for all permanent impacts.
2. An application for coverage for proposed,
				permanent nontidal wetland or open water impacts up to one-tenth acre or for
				proposed, permanent nontidal stream bed impacts up to 300 linear feet shall be
				submitted in accordance with either subdivision 2a or 2b of this subsection:
a. For any proposed project in wetlands, open
				water, streams, or compensatory mitigation sites that are under a deed
				restriction, conservation easement, declaration of restrictive covenant, or
				other land use protective instrument (hereafter "protected areas"), when such
				restriction, easement, covenant, or instrument is the result of a federal or
				state permit action and is specific to activities in wetlands and compensatory
				mitigation sites, the application shall include all of the information required
				by
				9VAC25-660-60 B.
				Compensatory mitigation may be required for all permanent impacts.
b. For all other projects, the application
				shall include the information required by subdivisions 1 through 7, 10, 11, 15,
				and 16 of
				9VAC25-660-60 B and
				documentation that verifies the quantity and type of impacts. Compensatory
				mitigation may be required for all permanent impacts once the notification
				limits of one-tenth acre wetlands or open water, or 300 linear feet of stream
				bed, are exceeded, and if required, the application shall include the
				information in
				9VAC25-660-60
				B12.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 660 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-660-70 - Compensation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Compensatory
				mitigation may be required for permanent, nontidal surface water impacts as
				specified in
				9VAC25-660-50 A. All
				temporary, nontidal surface water impacts shall be restored to preexisting
				conditions in accordance with the VWP general permit in
				9VAC25-660-100.
B. For the purposes of this VWP general
				permit chapter, the department shall assume that the purchase of mitigation
				bank credits or the purchase of in-lieu fee program credits with a primary
				service area that covers the impact site is ecologically preferable to
				practicable on-site or other off-site surface water compensation options.
				Compensatory mitigation and any compensatory mitigation proposals shall be in
				accordance with this section, § 62.1-44.15:23 of the Code of Virginia, and
				the associated provisions of
				9VAC25-210-116.
C. When required, compensatory mitigation for
				unavoidable, permanent wetland impacts shall be provided at a 2:1 mitigation
				ratio, as calculated on an area basis.
D. When required, compensatory mitigation for
				stream bed impacts shall be appropriate to replace lost functions and water
				quality benefits. One factor determining the required stream compensation shall
				be an analysis of stream impacts utilizing a stream impact assessment
				methodology acceptable to the Department of Environmental Quality.
E. Compensation for permanent open water
				impacts, other than to streams, may be required at an in-kind or out-of-kind
				mitigation ratio of 1:1 or less, as calculated on an area basis, to offset
				impacts to state waters and fish and wildlife resources. Compensation shall not
				be required for permanent or temporary impacts to open waters identified as
				palustrine by the Cowardin classification method, but compensation may be
				required when such open waters are located in areas of karst topography in
				Virginia and are formed by the natural solution of limestone.
F. When conversion results in a permanent
				alteration of the functions of a wetland, compensatory mitigation for
				conversion impacts to wetlands shall be required at a 1:1 mitigation ratio, as
				calculated on an area basis. For example, the permanent conversion of a
				forested wetland to an emergent wetland is considered to be a permanent impact
				for the purposes of this chapter. Compensation for conversion of other types of
				surface waters may be required, as appropriate, to offset impacts to state
				waters and fish and wildlife resources.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; § 401 of the Clean Water Act (33 USC §
												1251 et
					 seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 660 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-660-95

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
					 § 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 660 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-660-100 - VWP general permit

Current through Register Vol. 40, No. 24, July 15, 2024
VWP GENERAL PERMIT NO. WP1 FOR IMPACTS LESS THAN ONE-HALF
				  ACRE UNDER THE VIRGINIA WATER PROTECTION PERMIT AND THE VIRGINIA STATE WATER
				  CONTROL LAW
Effective date: August 2, 2016
Expiration date: August 1, 2026
In compliance with § 401 of the Clean Water Act, as
				  amended (33 USC §
										1341) and the State Water Control Law and
				  regulations adopted pursuant thereto, the board has determined that there is a
				  reasonable assurance that this VWP general permit, if complied with, will
				  protect instream beneficial uses, will not violate applicable water quality
				  standards, and will not cause or contribute to a significant impairment of
				  state waters or fish and wildlife resources. In issuing this VWP general
				  permit, the board has not taken into consideration the structural stability of
				  any proposed activities.
The permanent or temporary impact of less than one-half acre
				  of nontidal wetlands or open water and up to 300 linear feet of nontidal stream
				  bed shall be subject to the provisions of the VWP general permit set forth
				  herein; any requirements in coverage granted under this VWP general permit; the
				  Clean Water Act, as amended; and the State Water Control Law and regulations
				  adopted pursuant to it.
Part I.
Special Conditions.
A. Authorized activities.
1. The activities authorized by this chapter
				shall not cause more than the permanent or temporary impacts to less than
				one-half acre of nontidal wetlands or open water and up to 300 linear feet of
				nontidal stream bed. Additional permit requirements as stipulated by the
				department in the coverage letter, if any, shall be enforceable conditions of
				this permit.
2. Any changes to the
				authorized permanent impacts to surface waters shall require a notice of
				planned change in accordance with
				9VAC25-660-80. An application or
				request for modification to coverage or another VWP permit application may be
				required.
3. Any changes to the
				authorized temporary impacts to surface waters shall require written
				notification to and approval from the Department of Environmental Quality in
				accordance with
				9VAC25-660-80 prior to initiating
				the impacts and restoration to preexisting conditions in accordance with the
				conditions of this permit.
4.
				Modification to compensation requirements may be approved at the request of the
				permittee when a decrease in the amount of authorized surface waters impacts
				occurs, provided that the adjusted compensation meets the initial compensation
				goals.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 660 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Form - FORMS (9VAC25-660)

Current through Register Vol. 40, No. 24, July 15, 2024
Department
				  of Environmental Quality Water Division Permit Application Fee Form, Form 5
				  (rev. 10/2018)
Standard
				  Joint Permit Application for Projects in Waters and Wetlands of the
				  Commonwealth of Virginia (rev. 9/2018)
Virginia
				  Department of Transportation, Inter-Agency Coordination Meeting Joint Permit
				  Application (eff. 6/2008)
Monthly
				  Reporting of Impacts Less than or Equal to One-Tenth Acre Statewide (eff.
				  8/2007)
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
					 § 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 660 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-660)

Current through Register Vol. 40, No. 24, July 15, 2024
Classification
				  of Wetlands and Deepwater Habitats of the United States, Cowardin, Lewis M. II,
				  et al., United States Fish and Wildlife Service, December 1979, Reprinted
				  1992
Guidelines for Specification of Disposal Sites for Dredged or
				  Fill Material, 40 CFR Part 230
Virginia Erosion and Sediment Control Handbook, Third
				  Edition, 1992, Department of Conservation and Recreation
Virginia
				  Invasive Plant Species List, Natural Heritage Technical Document 14-11,
				  Department of Conservation and Recreation, Division of Natural Heritage
				  (2014)
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
					 § 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 670 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-670-15 - Statewide information requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The department may request (i) such plans, specifications,
				  and other pertinent information as may be necessary to determine the effect of
				  an applicant's discharge on the quality of state waters or (ii) such other
				  information as may be necessary to accomplish the purposes of this chapter. Any
				  owner, permittee, or person applying for a VWP permit or general permit
				  coverage shall provide the information requested by the
				  department.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; § 401 of the Clean Water Act (33 USC §
												1251 et
					 seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 670 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-670-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish VWP General
				  Permit Number WP2 under 9VAC25-210 to govern permanent and temporary impacts
				  related to the construction and maintenance of utility lines. Applications for
				  coverage under this VWP general permit shall be processed for approval,
				  approval with conditions, or denial by the department. Coverage, coverage with
				  conditions, or application denial by the department shall constitute the VWP
				  general permit action and shall follow all provisions in the State Water
				  Control Law (§ 62.1-44.2 et seq. of the Code of Virginia), except for the
				  public comment and participation provisions, from which each VWP general permit
				  action is exempt.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; § 401 of the Clean Water Act (33 USC §
												1251 et
					 seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 670 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-670-25 - Authorization for coverage under VWP general permit effective August 1, 2006

Current through Register Vol. 40, No. 24, July 15, 2024
A. All complete
				applications or notifications received by the department through 11:59 p.m. on
				August 1, 2016, shall be processed in accordance with the VWP general permit
				regulation in effect August 1, 2006, through August 1, 2016. If the application
				or notification is incomplete or if there is not adequate time as allowed by
				§ 62.1-44.15:21 of the Code of Virginia to make a completeness
				determination, the applicant shall reapply for coverage under the VWP general
				permit effective August 2, 2016, or apply for a VWP individual permit,
				including payment of any required permit application fee. No refund of permit
				application fees shall be made.
B.
				VWP general permit authorizations granted through 11:59 p.m. on August 1, 2016,
				shall remain in full force and effect until 11:59 p.m. on the expiration date
				stated on the VWP authorization cover page, unless otherwise revoked or
				terminated or unless a notice of project completion is received by the
				department on or before that date. Any permittee that desires to continue an
				authorized activity beyond the stated expiration date must reapply for coverage
				under the VWP general permit effective August 2, 2016, pursuant to its terms,
				standards, and conditions, or apply for a VWP individual permit, including
				payment of any required permit application fee. This section shall only apply
				to permittees holding valid authorizations for coverage granted under the VWP
				general permit effective August 1, 2006, through August 1, 2016.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; § 401 of the Clean Water Act (33 USC §
												1251 et
					 seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 670 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-670-27 - VWP general permit coverage; transition; continuation

Current through Register Vol. 40, No. 24, July 15, 2024
A. All applications
				or notifications received on or after August 2, 2016, will be processed in
				accordance with the VWP general permit regulation effective August 2,
				2016.
B. The general permit in
				9VAC25-670-100
				is effective August 2, 2016, and expires August 1, 2026. Any coverage that is
				granted pursuant to
				9VAC25-670-30
				shall remain in full force and effect until 11:59 p.m. on August 1, 2026,
				unless the general permit coverage is terminated or revoked on or before this
				date. Where a permittee that has received general permit coverage desires to
				continue or complete the authorized activities beyond August 1, 2026, the
				permittee shall reapply for new general permit coverage or for a VWP individual
				permit, including payment of any required permit application fee. Activities in
				surface waters requiring a permit shall not commence or continue until VWP
				general permit coverage is granted or a VWP individual permit is issued by the
				department.
C. Application may be
				made at any time for a VWP individual permit in accordance with 9VAC25-210.
				Activities in surface waters requiring a permit shall not commence or continue
				until VWP general permit coverage is granted or a VWP individual permit is
				issued by the department.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; § 401 of the Clean Water Act (33 USC §
												1251 et
					 seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 670 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-670-30 - Authorization to impact surface waters

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person
				granted coverage under the VWP general permit effective August 2, 2016, may
				permanently or temporarily impact up to one acre of nontidal wetlands or open
				water and up to 1,500 linear feet of nontidal stream bed for facilities and
				activities of utilities and public service companies regulated by the Federal
				Energy Regulatory Commission or the State Corporation Commission and other
				utility line activities, provided that:
1.
				The applicant submits notification as required in
				9VAC25-670-50 and
				9VAC25-670-60.
2. The applicant remits any required permit
				application fee.
3. The applicant
				receives general permit coverage from the Department of Environmental Quality
				and complies with the limitations and other requirements of the VWP general
				permit; the general permit coverage letter; the Clean Water Act, as amended;
				and the State Water Control Law and attendant regulations.
4. The applicant has not been required to
				obtain a VWP individual permit under 9VAC25-210 for the proposed project
				impacts. The applicant, at his discretion, may seek a VWP individual permit or
				coverage under another applicable VWP general permit in lieu of this VWP
				general permit.
5. Impacts, both
				temporary and permanent, result from a single and complete project, including
				all attendant features.
a. Where a utility
				line has multiple crossings of surface waters (several single and complete
				projects) with more than minimal impacts, the department may at its discretion
				require a VWP individual permit for the project.
b. Where an access road segment (e.g., the
				shortest segment of a road with independent utility that is part of a larger
				project) has multiple crossings of surface waters (several single and complete
				projects), the department may, at its discretion, require a VWP individual
				permit.
6. The stream
				impact criterion applies to all components of the project, including any
				structures and stream channel manipulations.
7. When functions of surface waters are
				permanently adversely affected, such as for conversion of forested to emergent
				wetlands in a permanently maintained utility right-of-way, compensation shall
				be required for impacts outside of a 20-foot wide permanently maintained
				corridor. Compensation shall not be required for impacts within the 20-foot
				wide portion of permanently maintained corridor. For example, with a 50-foot
				wide, permanently maintained corridor, compensation on each side of the 20-foot
				portion would be required for impacts that occur between the 20-foot and the
				50-foot marks.
8. When required,
				compensation for unavoidable impacts is provided in accordance with §
				62.1-44.15:23 of the Code of Virginia,
				9VAC25-670-70, and
				9VAC25-210-116.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 670 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-670-35 - Administrative continuance

Current through Register Vol. 40, No. 24, July 15, 2024
Beginning on August 2, 2016, in any case where an existing
				  permittee has submitted a timely and complete notification or application for
				  coverage under the next consecutive VWP general permit in accordance with
				  9VAC25-670-50 and
				  9VAC25-670-60 and the board,
				  through no fault of the permittee, does not issue the next consecutive VWP
				  general permit with an effective date on or before the expiration date of the
				  expiring VWP general permit, the conditions of that expiring VWP general permit
				  and any requirements of coverage granted under it shall continue in force until
				  the effective date of the next consecutive VWP general
				  permit.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
					 § 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 670 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-670-50 - Notification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Notification to
				the department will be required prior to commencing construction, as follows:
1. An application for coverage for proposed,
				permanent nontidal wetland or open water impacts greater than one-tenth acre or
				for proposed permanent nontidal stream bed impacts greater than 300 linear feet
				shall include all information pursuant to
				9VAC25-670-60 B.
				Compensatory mitigation may be required for all permanent impacts.
2. An application for the coverage for
				proposed, permanent nontidal wetland or open water impacts up to one-tenth acre
				or for proposed, permanent nontidal stream bed impacts up to 300 linear feet
				shall be submitted in accordance with either subdivision 2a or 2b of this
				subsection:
a. For any proposed project in
				wetlands, open water, streams, or compensatory mitigation sites that are under
				a deed restriction, conservation easement, declaration of restrictive covenant,
				or other land use protective instrument (hereafter "protected areas"), when
				such restriction, easement, covenant, or instrument is the result of a federal
				or state permit action and is specific to activities in wetlands and
				compensatory mitigation sites, the application shall include all of the
				information required by
				9VAC25-670-60 B.
				Compensatory mitigation may be required for all permanent impacts.
b. For all other projects, the application
				shall include the information required by subdivisions 1 through 7, 10, 11, 14,
				and 15 of
				9VAC25-670-60 B and
				documentation that verifies the quantity and type of impacts. Compensatory
				mitigation may be required for all permanent impacts once the notification
				limits of one-tenth acre wetlands or open water, or 300 linear feet of stream
				bed, are exceeded, and if required, the application shall include the
				information in
				9VAC25-670-60
				B12.