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 X - Permitting and Enforcement Authority › Section 9VAC25-31-940 - Authority of the Department of Energy for coal surface mining operations

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purpose
				  of Part X of this chapter, NPDES and VPDES permits are synonymous.
B. The Director of the Department of Energy
				  has the authority to issue, revoke and reissue, modify, or terminate NPDES
				  permits for the discharge of industrial wastes or other wastes other than
				  sewage from coal surface mining operations as defined in §
										45.2-1000
				  of the Code of Virginia. Any NPDES permit issued, modified, or revoked and
				  reissued by the Director of the Department of Energy that meets the conditions
				  set forth in this chapter shall be as valid and enforceable as if issued by the
				  board.
C. Prior to issuing permits,
				  the Director of the Department of Energy shall adhere to the following
				  requirements:
1. That every permit issued,
				  revoked and reissued, or modified shall conform to the requirements of this
				  chapter, the CWA, and all pertinent regulations adopted by the board under law
				  and those adopted under the CWA;
2.
				  That the Director of the Department of Energy shall transmit to the department
				  a copy of each application for a NPDES permit received by it, a copy of every
				  draft NPDES permit prepared by it, and written notice of every action taken or
				  contemplated to be taken by the Director of the Department of Energy with
				  respect to such a permit; and
3.
				  That no NPDES permit shall be issued, revoked and reissued, or modified if,
				  within 30 days of the date of the transmittal to the department of the complete
				  application and the draft NPDES permit to it, the board objects in writing to
				  the issuance, revocation and reissuance, or modification of such permit. Where
				  required, the board shall stipulate more stringent permit conditions as
				  necessary to maintain applicable water quality standards and provisions of the
				  law. Each such stipulation shall be accompanied by a justifying documentation
				  to the Director of the Department of Energy. Such stipulations shall be binding
				  upon the Director of the Department of Energy. However, nothing herein shall
				  affect or impair any rights that the applicant may have to a public hearing
				  before the board pursuant to the law or to judicial review of such decision
				  pursuant to the law.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part X - Permitting and Enforcement Authority › Form - FORMS (9VAC25-31)

Current through Register Vol. 40, No. 24, July 15, 2024
VPDES
					 Sewage Sludge Permit Application Form (rev. 9/2012)
VPDES
					 Sewage Sludge Permit Application for Permit Reissuance (eff.
					 8/2012)
Instructions
					 for VPDES Sewage Sludge Permit Application Form (rev. 9/2012)
Application
					 Form 1 - General Information, NPDES Permitting Program, EPA Form 3510-1 (rev.
					 3/2019)
Virginia
					 State Water Control Board Fish Farm Questionnaire (rev. 4/2011)
Application
					 Form 2A - New and Existing Publicly Owned Treatment Works, NPDES Permitting
					 Program, EPA Form 3510-2A (rev. 3/2019)
Application
					 Form 2B - Concentrated Animal Feeding Operations and Concentrated Aquatic
					 Animal Production Facilities, NPDES Permitting Program, EPA Form 3510-2B (rev.
					 3/2019)
Application
					 Form 2C - Existing Manufacturing, Commercial, Mining, and Silvicultural
					 Operations, NPDES Permitting Program, EPA Form 3510-2C (rev.
					 3/2019)
Application
					 Form 2D - New Manufacturing, Commercial, Mining, and Silvicultural Operations
					 That Have Not Yet Commenced Discharge of Process Wastewater, NPDES Permitting
					 Program, EPA Form 3510-2D (rev. 3/2019)
Application
					 Form 2E - Manufacturing, Commercial, Mining, and Silvicultural Facilities Which
					 Discharge Only Nonprocess Wastewater, NPDES Permitting Program, EPA Form
					 3510-2E (rev. 3/2019)
Application
					 Form 2F - Stormwater Discharges Associated with Industrial Activity, NPDES
					 Permitting Program, EPA Form 3510-2F (rev. 3/2019)
Local
					 Government Ordinance Form (eff. 2000)
Local
					 Government Certification Form for New Municipal Solid Waste Landfill Permits
					 (eff. 2006)
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part XI - VPDES Electronic Reporting Requirements › Section 9VAC25-31-950 - Purpose and scope

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				  part, in conjunction with the reporting requirements specified in this chapter
				  and 9VAC25-870, specifies the requirements for:
1. Electronic reporting of information by
				  VPDES permittees;
2. Facilities or
				  entities seeking coverage under VPDES general permits;
3. Facilities or entities submitting
				  stormwater certifications or waivers from VPDES permit requirements;
4. Industrial users located in municipalities
				  without approved local pretreatment programs; and
5. Approved pretreatment programs.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part XI - VPDES Electronic Reporting Requirements › Section 9VAC25-31-960 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to the definitions given in Part I
					 (9VAC25-31-10 et seq.) of this
					 chapter, the following definitions apply to this part.
"NPDES data group" means the group of related data elements
					 identified in Table 1 in Appendix A to 40 CFR Part 127 as adopted by reference
					 in 9VAC25-31-1030. These NPDES data groups have similar regulatory reporting
					 requirements and have similar data sources.
"Minimum set of NPDES data" means the data and information
					 listed in Appendix A to 40 CFR Part 127 as adopted by reference in
					 9VAC25-31-1030.
"Program reports" means the information reported by
					 VPDES-regulated entities and listed in Table 1 of Appendix A to 40 CFR Part 127
					 as adopted by reference in 9VAC25-31-1030, except NPDES Data Groups 1, 2, and
					 3.
"VPDES-regulated entity" means any entity regulated by the
					 VPDES Program in accordance with this chapter or 9VAC25-870.
Statutory Authority: §
												62.1-44.15 of the Code of
						Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, 124, 403,
						and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part XI - VPDES Electronic Reporting Requirements › Section 9VAC25-31-970 - Types of data to be reported electronically by VPDES permittees, facilities, and entities subject to this part

Current through Register Vol. 40, No. 24, July 15, 2024
A. VPDES-regulated entities must
				  electronically submit the minimum set of NPDES data for these reports if such
				  reporting requirements are applicable. The following reports are the source of
				  the minimum set of data from regulated entities:
1. Discharge Monitoring Report (9VAC25-31-190 and
				  9VAC25-870-430 );
2. Concentrated Animal Feeding Operation
				  (CAFO) Annual Program Report (9VAC25-31-200
				  );
3. Pretreatment Program Annual
				  Report (9VAC25-31-840 );
4. Sewer Overflow and Bypass Incident Event
				  Report (9VAC25-31-190 and
				  9VAC25-870-430 );
5. CWA § 316(b) Annual Reports
				  (9VAC25-31-165 ); and
6. Municipal Separate Storm Sewer System
				  (MS4) Program Reports (9VAC25-870-400 and
				  9VAC25-870-440 ).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part XI - VPDES Electronic Reporting Requirements › Section 9VAC25-31-980 - Signature and certification standards for electronic reporting

Current through Register Vol. 40, No. 24, July 15, 2024
The signatory and certification requirements identified in
					 40 CFR Part 3 (including, in all cases, 40 CFR Part 3 Subpart D),
					 9VAC25-31-110 or
					 9VAC25-870-370 as appropriate, and
					 9VAC25-31-840 L shall also apply to
					 electronic submissions of information by VPDES permittees, facilities, and
					 entities subject to this part.
Statutory Authority: §
												62.1-44.15 of the Code of
						Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, 124, 403,
						and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part XI - VPDES Electronic Reporting Requirements › Section 9VAC25-31-990 - Requirements regarding quality assurance and quality control

Current through Register Vol. 40, No. 24, July 15, 2024
A. Responsibility
				  for the quality of the information provided electronically in compliance with
				  this part by the VPDES permittees, facilities, and entities subject to this
				  part (see 9VAC25-31-950 A) rests with the owners and operators of those
				  facilities or entities. VPDES permittees, facilities, and entities subject to
				  this part must use quality assurance and quality control procedures to ensure
				  the quality of the information submitted in compliance with this
				  part.
B. VPDES permittees,
				  facilities, and entities subject to this part must electronically submit their
				  VPDES information in compliance with the data quality requirements specified in
				  9VAC25-31-1000. VPDES permittees, facilities, and entities subject to this part
				  must electronically submit their information unless a waiver is granted in
				  compliance with this part (see 9VAC25-31-1010 ).
Statutory Authority: §
												62.1-44.15 of the Code of
						Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, 124, 403,
						and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part XI - VPDES Electronic Reporting Requirements › Section 9VAC25-31-1000 - Requirements regarding timeliness, accuracy, completeness, and national consistency

Current through Register Vol. 40, No. 24, July 15, 2024
VPDES permittees, facilities, and entities subject to this
					 part must comply with all requirements in this part and electronically submit
					 the minimum set of NPDES data in the following nationally consistent
					 manner:
1. Electronic submissions of
				  the minimum set of NPDES data to the department must be timely.
a. Measurement data including information
				  from discharge monitoring reports, self-monitoring data from industrial users
				  located outside of approved local pretreatment programs, and similar
				  self-monitoring data. The electronic submission of these data is due when that
				  monitoring information is required to be reported in compliance with statutes,
				  regulations, the VPDES permit, another control mechanism, or an enforcement
				  order.
b. Program report
				  data
.
The electronic submission of this data is due when that
				  program report data is required to be reported in compliance with statutes,
				  regulations, the VPDES permit, another control mechanism, or an enforcement
				  order.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part XI - VPDES Electronic Reporting Requirements › Section 9VAC25-31-1010 - Waivers from electronic reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. VPDES permittees, facilities, and entities
				  subject to this part must electronically submit the minimum set of NPDES data
				  in compliance with this part, 40 CFR Part 3 (including, in all cases, 40 CFR
				  Part 3 Subpart D),
				  9VAC25-31-110 or
				  9VAC25-870-370 as appropriate, and
				  9VAC25-31-840 L unless a waiver is
				  granted in compliance with this section.
B. Temporary waivers from electronic
				  reporting may be granted by the department for programs for which the
				  department has received authorization to implement the NPDES program, in
				  compliance with this section, to VPDES permittees, facilities, and entities
				  subject to this part (see 9VAC25-31-950 A).
1.
				  Each temporary waiver must not extend beyond five years. However,
				  VPDES-regulated entities may reapply for a temporary waiver. It is the duty of
				  the owner, operator, or duly authorized representative of the VPDES permittee,
				  facility, and entity subject to this part to reapply for a new temporary
				  waiver. The department cannot grant a temporary waiver to a VPDES-regulated
				  entity without first receiving a temporary waiver request from the
				  VPDES-regulated entity.
2. To apply
				  for a temporary waiver, the owner, operator, or duly authorized representative
				  of the VPDES permittee, facility, and entity subject to this part must submit
				  the following information to their authorized VPDES program:
(a) Facility name;
(b) VPDES permit number (if
				  applicable);
(c) Facility
				  address;
(d) Name, address, and
				  contact information for the owner, operator, or duly authorized facility
				  representative;
(e) Brief written
				  statement regarding the basis for claiming such a temporary waiver;
				  and
(f) Any other information
				  required by the department.
3. The department will determine whether to
				  grant a temporary waiver. The department shall provide notice to the owner,
				  operator, or duly authorized facility representative submitting a temporary
				  waiver request in compliance with the requirements of subsection E of this
				  section.
4. VPDES permittees,
				  facilities, and entities subject to this part (see 9VAC25-31-950 A) that have
				  received a temporary waiver must continue to provide the minimum set of NPDES
				  data (as well as other required information in compliance with statutes,
				  regulations, the VPDES permit, another control mechanism, or an enforcement
				  order) in hard-copy format to the department. The department shall
				  electronically transfer these data to EPA in accordance with 40 CFR Part 127
				  Subpart C.
5. An approved temporary
				  waiver is not transferrable.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part XI - VPDES Electronic Reporting Requirements › Section 9VAC25-31-1030 - Adoption by reference of Appendix A to 40 CFR Part 127-Minimum Set of NPDES Data

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as
				  otherwise provided, the regulations of the U.S. Environmental Protection Agency
				  set forth in Appendix A to 40 CFR Part 127 are hereby incorporated as part of
				  this chapter and 9VAC25-870.
B. In
				  all locations in this chapter and 9VAC25-870 where Appendix A to 40 CFR Part
				  127 is incorporated by reference, the following additions, modifications, and
				  exceptions shall amend the incorporated text for the purpose of its
				  incorporation into these regulations:
1. The
				  department shall be the initial recipient as defined in
				  40 CFR
				  127.2(b) and as identified
				  by EPA in 81 FR 62395 (September 9, 2016). The department will be the initial
				  recipient for all NPDES data groups except for the sewage sludge/biosolids
				  annual program reports (40 CFR Part 503) as Virginia is not authorized for the
				  federal biosolids NPDES program.
2.
				  NPDES-regulated entity shall be the same as VPDES-regulated entity.
3. The authorized NPDES program shall be the
				  department for those NPDES program components for which EPA has granted the
				  state authorization.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - General › Section 9VAC25-32-15 - Permit rationale

Current through Register Vol. 40, No. 24, July 15, 2024
In granting a permit pursuant to this chapter, the
					 department shall provide in writing a clear and concise statement of the legal
					 basis, scientific rationale, and justification for the decision reached. When
					 the decision of the department is to deny a permit, the department shall in
					 consultation with legal counsel provide a clear and concise statement
					 explaining the reason for the denial, the scientific justification for the
					 same, and how the department's decision is in compliance with applicable laws
					 and regulations. Copies of the decision, certified by the director, shall be
					 mailed by certified mail to the permittee or applicant.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - General › Section 9VAC25-32-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This regulation delineates the procedures and requirements
					 to be followed in connection with VPA permits issued by the department or a
					 general permit issued as a regulation adopted by the board pursuant to the
					 State Water Control Law.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - General › Section 9VAC25-32-25 - Applicability of incorporated references based on the dates that they became effective

Current through Register Vol. 40, No. 24, July 15, 2024
Except as noted, when a regulation of the U.S.
					 Environmental Protection Agency set forth in Title 40 of the Code of Federal
					 Regulations is referenced and incorporated in this chapter that regulation
					 shall be as it exists and has been published in the July 1, 2023,
					 update.
Statutory Authority: §
												62.1-44.15 of the Code of
						Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, 124, 403,
						and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - General › Section 9VAC25-32-30 - Requirements and prohibitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. All pollutant
				  management activities covered under a VPA permit shall maintain no point source
				  discharge of pollutants to surface waters except in the case of a storm event
				  greater than the 25-year, 24-hour storm.
B. Except in compliance with a VPA permit, or
				  another permit issued by the department or a general permit issued as a
				  regulation adopted by the board, it shall be unlawful for any person to:
1. Discharge into, or adjacent to, state
				  waters sewage, industrial wastes, other wastes, or any noxious or deleterious
				  substances; or
2. Otherwise alter
				  the physical, chemical or biological properties of such state waters and make
				  them detrimental to the public health, or to animal or aquatic life, or to the
				  use of such waters for domestic or industrial consumption, or for recreation,
				  or for other uses.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - General › Section 9VAC25-32-40 - Exclusions

Current through Register Vol. 40, No. 24, July 15, 2024
The following do not require a VPA permit:
1. The introduction of sewage, industrial
				  waste or other pollutants into publicly owned treatment works by indirect
				  dischargers. Plans or agreements to switch to this method of disposal in the
				  future do not relieve dischargers of the obligation to have and comply with VPA
				  permits until all discharges of pollutants to state waters are
				  eliminated;
2. Any introduction of
				  pollutants from nonpoint source agricultural or silvicultural activities,
				  including runoff from orchards, cultivated crops, pastures, range lands, and
				  forest lands, except that this exclusion shall not apply to concentrated
				  confined animal feeding operations;
3. Return flows from irrigated agricultural
				  land;
4. Land disposal activity,
				  including biosolids use or sewage sludge disposal or onsite waste treatment,
				  when this activity is otherwise authorized by the department;
5. Land disposal activity, including onsite
				  waste treatment, when this activity is authorized by a Virginia Department of
				  Health permit; and
6. Discharges
				  authorized by EPA under the Safe Drinking Water Act Underground Injection
				  Control Program (UIC), 40 CFR Part 144, and approved, in writing, by the
				  department.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - General › Section 9VAC25-32-50 - Effect of a VPA permit

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Compliance with a VPA permit constitutes compliance with the VPA permit
				  requirements of the law.
B. The
				  issuance of a VPA permit does not convey any property rights in either real or
				  personal property, or any exclusive privileges, nor does it authorize any
				  injury to private property or any invasion of personal rights or any
				  infringement of federal, state or local law or regulation.
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 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Permit Application and Issuance › Section 9VAC25-32-60 - Application for a VPA permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. Duty to
				  apply. Any owner of a pollutant management activity who does not have an
				  effective VPA permit, except persons covered by general VPA permits or excluded
				  under
				  9VAC25-32-40, shall
				  submit a complete application to the department in accordance with this
				  section.
B. Time to apply.
1. Any owner proposing a new pollutant
				  management activity shall submit an application for a VPA permit 180 days prior
				  to the date planned for commencing erection, construction or expansion or
				  employment of new processes at any site. There shall be no operation of said
				  facilities prior to the issuance of a VPA permit.
2. Any owner with an existing pollutant
				  management activity that has not been permitted shall submit an application
				  within 60 days upon being requested to by the department. The department, after
				  determining there is pollution occurring, may allow the construction of
				  treatment works prior to permit issuance. There shall be no operation of said
				  treatment works prior to permit issuance.
3. Owners currently managing pollutants who
				  have effective VPA permits shall submit a new application 180 days prior to
				  proposed facility expansions, production increases, or process modification
				  which will:
a. Result in significantly new or
				  substantially increased amounts of pollutants being managed or a significant
				  change in the nature of the pollutant management activity that was not
				  anticipated and accounted for on the application for the effective VPA permit;
				  or
b. Violate or lead to violation
				  of the terms and conditions of the effective VPA permit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Permit Application and Issuance › Section 9VAC25-32-70 - Signatory requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Any application, report, including monitoring reports, or
					 certifications shall be signed as follows:
1. Application.
a. For a corporation: by a responsible
				  corporate official. For purposes of this section, a responsible corporate
				  official means (i) a president, secretary, treasurer, or vice-president of the
				  corporation in charge of a principal business function, or any other person who
				  performs similar policy or decision-making functions for the corporation, or
				  (ii) the manager of one or more manufacturing, production, or operating
				  facilities employing more than 250 persons or having gross annual sales or
				  expenditures exceeding $25,000,000 (in second quarter 1980 dollars), if
				  authority to sign documents has been assigned or delegated to the manager in
				  accordance with corporate procedures.
b. For a municipality, state, federal or
				  other public agency by either a principal executive officer or ranking elected
				  official. (A principal executive officer of a federal, municipal, or state
				  agency includes the chief executive officer of the agency or head executive
				  officer having responsibility for the overall operation of a principal
				  geographic unit of the agency.)
c.
				  For a partnership or sole proprietorship, by a general partner or proprietor,
				  respectively.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Permit Application and Issuance › Section 9VAC25-32-80 - Conditions applicable to all VPA permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Duty to
				  comply. The permittee shall comply with all conditions of the VPA permit. Any
				  permit noncompliance is a violation of the law, and is grounds for enforcement
				  action, permit termination, revocation, modification, or denial of a permit
				  renewal application.
B. Duty to
				  halt or reduce activity. It shall not be a defense for a permittee in an
				  enforcement action that it would have been necessary to halt or reduce the
				  permitted activity in order to maintain compliance with the conditions of the
				  VPA permit.
C. Duty to mitigate.
				  The permittee shall take all reasonable steps to minimize, correct, or prevent
				  any pollutant management activity in violation of the VPA permit which has a
				  reasonable likelihood of adversely affecting human health or the
				  environment.
D. Proper operation
				  and maintenance. The permittee shall be responsible for the proper operation
				  and maintenance of all treatment works, systems, and controls which are
				  installed or used to achieve compliance with permit conditions. Proper
				  operation and maintenance includes effective plant performance, adequate
				  funding, adequate licensed operator staffing, and adequate laboratory and
				  process controls, including appropriate quality assurance procedures.
E. Permit action.
1. A VPA permit may be modified, revoked and
				  reissued, or terminated as set forth in this chapter.
2. If a permittee files a request for a
				  permit modification, revocation, or termination, or files a notification of
				  planned changes, or anticipated noncompliance, the permit terms and conditions
				  shall remain effective until the request is acted upon by the department. This
				  provision shall not be used to extend the expiration date of the effective VPA
				  permit.
3. VPA permits may be
				  modified, revoked and reissued or terminated upon the request of the permittee
				  or interested persons, or upon the department's initiative, to reflect the
				  requirements of any changes in the statutes or regulations.
4. VPA permits continued under
				  9VAC25-32-130
				  remain effective and enforceable.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Permit Application and Issuance › Section 9VAC25-32-90 - Conditions applicable to publicly or privately owned sewage treatment works

Current through Register Vol. 40, No. 24, July 15, 2024
A. Publicly or
				  privately owned sewage treatment works shall provide adequate notice to the
				  department of any substantial change in quantity or quality of pollutants being
				  introduced into the privately or publicly owned sewage treatment works and any
				  anticipated impact the change may have on such treatment works.
B. When the monthly average flow influent to
				  a POTW or PVOTW reaches 95% of the design capacity authorized by the VPA permit
				  for each month of any consecutive three-month period, the owner shall within 30
				  days notify the department in writing and within 90 days submit a plan of
				  action for ensuring continued compliance with the terms of the VPA permit.
1. The plan shall include the necessary steps
				  and a prompt schedule of implementation for controlling any current problem, or
				  any problem which could reasonably be anticipated, resulting from high influent
				  flows.
2. Upon receipt of the
				  owner's plan of action, the department shall notify the owner whether the plan
				  is approved or disapproved. If the plan is disapproved, such notification shall
				  state the reasons and specify the actions necessary to obtain approval of the
				  plan.
3. Failure to submit an
				  adequate plan in a timely manner shall be deemed a violation of the VPA
				  permit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Permit Application and Issuance › Section 9VAC25-32-100 - Establishing limitations and other VPA permit conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A. In addition
				  to the conditions established in
				  9VAC25-32-80
				  and
				  9VAC25-32-90,
				  each VPA permit shall include conditions meeting the following requirements
				  where applicable.
1. Determination of
				  limitations. VPA permit limitations and conditions shall be established based
				  on the nature of the pollutant management activity in order to ensure
				  compliance with technology-based limitations, water quality standards, the law
				  and all regulations promulgated thereunder. These limitations and conditions
				  may include, but are not limited to, duration of VPA permits, monitoring
				  requirements, limitations to control toxic pollutants, best management
				  practices and schedules of compliance.
2. Duration of VPA permits. VPA permits
				  issued under this regulation shall have an effective date and an expiration
				  date which will determine the life of the VPA permit. VPA permits shall be
				  effective for a fixed term not to exceed 10 years as specified in the VPA
				  permit. The term of the VPA permits shall not be extended by modification
				  beyond the maximum duration. The VPA permit shall expire at the end of the term
				  unless an application for a new VPA permit has been timely filed as required by
				  this chapter and the department is unable, through no fault of the permittee,
				  to issue a new VPA permit before the expiration date of the previous VPA
				  permit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Permit Application and Issuance › Section 9VAC25-32-110 - Draft VPA permit formulation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon receipt
				  of a complete application, the department shall make a decision to tentatively
				  issue the VPA permit or deny the application. If a tentative decision is to
				  issue the VPA permit then a draft VPA permit shall be prepared in advance of
				  public notice. The following tentative determinations shall be incorporated
				  into a draft VPA permit:
1. Conditions,
				  limitations, standards and other requirements applicable to the VPA
				  permit;
2. Compliance schedules
				  where applicable; and
3. Monitoring
				  requirements.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Permit Application and Issuance › Section 9VAC25-32-120 - Fact sheet

Current through Register Vol. 40, No. 24, July 15, 2024
A. A fact sheet
				  shall be prepared to accompany all draft VPA permits. These fact sheets shall
				  be made available to the public upon request.
B. The fact sheet shall include:
1. A brief description of the pollutant
				  management activity to be permitted;
2. An explanation of the statutory or
				  regulatory provisions on which the VPA permit requirements are based;
3. Calculations or other necessary
				  explanations of the derivation of the VPA permit conditions or
				  limitations;
4. The location of
				  each pollutant management activity;
5. The reasons for any requested
				  modifications;
6. A description of
				  the procedures and sequence of events for reaching the final decision;
				  and
7. The name and telephone
				  number of a person to contact for additional information.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Permit Application and Issuance › Section 9VAC25-32-130 - Continuation of expiring VPA permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Expiring VPA
				  permits are automatically continued pending issuance of a new VPA permit if:
1. The permittee has submitted a timely and
				  complete application as required by this chapter, unless the department has
				  given permission for a later submittal, which shall not extend beyond the
				  expiration date of the original VPA permit; and
2. The department is unable, through no fault
				  of the permittee, to issue a new VPA permit before the expiration date of the
				  previous VPA permit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Public Involvement › Section 9VAC25-32-140 - Public notice of VPA permit action and public comment period

Current through Register Vol. 40, No. 24, July 15, 2024
A. Draft VPA
				  permits.
1. Every draft VPA permit shall be
				  given public notice, paid for by the owner, by publication once a week for two
				  successive weeks in a newspaper of general circulation in the area affected by
				  the pollutant management activity except for animal feeding operations as
				  defined in
				  9VAC25-32-10, when
				  the modifications are to the nutrient management plan.
2. Interested persons shall have a period of
				  at least 30 days following the date of the initial newspaper public notice to
				  submit written comments on the tentative decision and to request a public
				  hearing.
3. The contents of the
				  public notice of an application for a VPA permit shall include:
a. The name and address of the applicant. If
				  the location of the pollutant management activity differs from the address of
				  the applicant the notice shall also state the location of the pollutant
				  management activity including storage and land application sites;
b. A brief description of the business or
				  activity conducted at the facility;
c. A statement of the tentative determination
				  to issue or deny a VPA permit;
d. A
				  brief description of the final determination procedure;
e. The address and phone number of a specific
				  person at the state office from whom further information may be obtained;
				  and
f. A brief description of how
				  to submit comments and request a hearing.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Public Involvement › Section 9VAC25-32-150 - Public access to information

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any secret formulae, secret processes, or
				  secret methods other than effluent data submitted to the department pursuant to
				  this chapter may be claimed as confidential by the submitter pursuant to §
				  62.1-44.21 of the Code of Virginia. Any such claim must be asserted at the time
				  of submission in the manner prescribed on the application form or instructions
				  or, in the case of other submissions, by stamping the words "secret formulae,
				  secret processes or secret methods" on each page containing such information.
				  If no claim is made at the time of submission, the department may make the
				  information available to the public without further notice. If a claim is
				  asserted, the information will be treated in accordance with the procedures in
				  the Virginia Freedom of Information Act (§ 2.1-340 et seq. of the Code of
				  Virginia) and § 62.1-44.21 of the Code of Virginia.
B. Claims of confidentiality for the
				  following information will be denied:
1. The
				  name and address of any permit applicant or permittee; and
2. Permit applications, permits, and effluent
				  data.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Public Involvement › Section 9VAC25-32-160 - Conditions requested by other government agencies

Current through Register Vol. 40, No. 24, July 15, 2024
If during the comment period any other state agency with
					 jurisdiction over fish, wildlife, or public health advises the department in
					 writing that the imposition of specified conditions upon the VPA permit is
					 necessary to avoid substantial impairment of human health or of fish,
					 shellfish, or wildlife resources, the department shall consider the inclusion
					 of the specified conditions in the VPA permit. If any conditions requested are
					 not included in the VPA permit, the agency making the request shall be notified
					 of the reasons for not including the conditions.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Public Involvement › Section 9VAC25-32-170 - Public comments and hearings

Current through Register Vol. 40, No. 24, July 15, 2024
A. A comment
				  period of at least 30 days following the initial date of the newspaper public
				  notice of the formulation of a draft VPA permit shall be provided. During this
				  period any interested persons may submit written comments on the draft VPA
				  permit and may request a public hearing. A request for a public hearing shall
				  be in writing and shall state the nature of the issues to be raised pursuant to
				  9VAC25-32-175. All comments shall be considered by the department in preparing
				  the final VPA permit and shall be responded to in writing.
B. The department may hold a public hearing
				  on any permit action. The department shall hold a public hearing where there is
				  a significant degree of public interest relevant to a draft VPA permit pursuant
				  to 9VAC25-32-175. Public notice of that hearing shall be given as specified in
				  9VAC25-32-180.
				  Nothing in this subsection shall relieve the department of the requirement to
				  hold a hearing where a hearing is required by applicable law or
				  regulation.
C. Any hearing convened
				  pursuant to this section will be held in the geographical area of the proposed
				  pollutant management activity, or in another appropriate area. Related groups
				  of VPA permit applications may be considered at any such hearing.
D. If changes are made to the VPA permit
				  based on public comments, the permittee and all persons who commented will be
				  notified of the changes and the reasons for the changes. No further public
				  notice is required.
E. Any owner
				  aggrieved by any action of the department taken without a formal hearing, or by
				  inaction of the department, may demand in writing a formal hearing pursuant to
				  § 62.1-44.25 of the Code of Virginia.
F. Proceedings at the public hearing will be
				  governed by the board's Procedural Rule No. 1 - Public and Formal Hearing
				  Procedures (9VAC25-230) or its successor, and the decision from the public
				  hearing will be governed by 9VAC25-32-176.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Public Involvement › Section 9VAC25-32-175 - Criteria for requesting and granting a public hearing on an individual permit action

Current through Register Vol. 40, No. 24, July 15, 2024
A. During the
				  public comment period on a permit action in those instances where a public
				  hearing is not mandatory under state or federal law or regulation, interested
				  persons may request a public hearing to contest the action or terms and
				  conditions of the permit.
B.
				  Requests for a public hearing shall contain the following information:
1. The name and postal mailing or email
				  address of the requester;
2. The
				  names and addresses of all persons for whom the requester is acting as a
				  representative;
3. The reason for
				  the request for a public hearing;
4. A brief, informal statement setting forth
				  the factual nature and extent of the interest of the requester or of the
				  persons for whom the requester is acting as representative in the application
				  or tentative determination, including an explanation of how and to what extent
				  such interest would be directly and adversely affected by the issuance, denial,
				  modification, or revocation of the permit in question; and
5. Where possible, specific references to the
				  terms and the conditions of the permit in question, together with suggested
				  revisions and alterations to those terms and conditions that the requester
				  considers are needed to conform the permit to the intent and provisions of the
				  basic laws of the State Water Control Board.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Public Involvement › Section 9VAC25-32-176 - Controversial permits

Current through Register Vol. 40, No. 24, July 15, 2024
Before rendering a final decision on a controversial
					 permit, the department shall publish a summary of public comments received
					 during the applicable public comment period and public hearing. After such
					 publication, the department shall publish responses to the public comment
					 summary and hold a public hearing to provide an opportunity for individuals who
					 previously commented, either at a public hearing or in writing during the
					 applicable public comment period, to respond to the department's public comment
					 summary and response. No new information will be accepted at that time. In
					 making its decision, the department shall consider (i) the verbal and written
					 comments received during the comment period and the public hearing made part of
					 the record, (ii) any commentary of the board, and (iii) the agency
					 files.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Public Involvement › Section 9VAC25-32-177 - Controversial permits reporting

Current through Register Vol. 40, No. 24, July 15, 2024
At each regular meeting of the board, the department shall
					 provide an overview and update regarding any controversial permits pending
					 before the department that are relevant. Immediately after such presentation by
					 the department, the board shall have an opportunity to respond to the
					 department's presentation and provide commentary regarding such pending
					 permits.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Public Involvement › Section 9VAC25-32-180 - Public notice of hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Public notice of any hearing held pursuant to
				  9VAC25-32-170 shall be circulated
				  as follows:
1. Notice shall be published once
				  in a newspaper of general circulation in the county or city where the pollutant
				  management activity is to occur; and
2. Notice of the hearing shall be sent to all
				  persons and government agencies which received a copy of the notice of the VPA
				  permit application.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Operator Requirements › Section 9VAC25-32-190 - Operator requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The permittee
				  shall employ or contract at least one operator who holds a current wastewater
				  license appropriate for the permitted facility, if required by the VPA permit.
				  The license shall be issued in accordance with Title 54.1 of the Code of
				  Virginia and the regulations of the Board for Waterworks and Wastewater Works
				  Operators (18VAC160-20-10 et
				  seq.). Notwithstanding the foregoing requirement, unless the pollutant
				  management activity is determined by the department on a case-by-case basis to
				  be a potential contributor of pollution, no licensed operator is required for
				  wastewater treatment works:
1. That have a
				  design hydraulic capacity equal to or less than 0.04 million gallons per
				  day;
2. That discharge industrial
				  waste or other waste from coal mining operations; or
3. That do not utilize biological or
				  physical/chemical treatment.