reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 630 - VIRGINIA POLLUTION ABATEMENT REGULATION AND GENERAL PERMIT FOR POULTRY WASTE MANAGEMENT › Section 9VAC25-630-70 - Tracking and accounting requirements for poultry waste end-users

Current through Register Vol. 40, No. 24, July 15, 2024
A. When a poultry
				waste end-user is the recipient of more than 10 tons of poultry waste in any
				365-day period, the end-user shall maintain records regarding the transfer and
				land application of poultry waste.
1. The
				poultry waste end-user shall provide the permitted poultry grower or poultry
				waste broker with the following items:
a.
				End-user name and address;
b. The
				locality in which the end-user intends to utilize the waste (i.e., nearest town
				or city, county, and zip code);
c.
				The name of the stream or waterbody if known to the end-user that is nearest to
				the waste utilization or storage site; and
d. Written acknowledgement of receipt of:
(1) The waste;
(2) The nutrient analysis of the waste;
				and
(3) A fact sheet.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 630 - VIRGINIA POLLUTION ABATEMENT REGULATION AND GENERAL PERMIT FOR POULTRY WASTE MANAGEMENT › Section 9VAC25-630-80 - Utilization and storage requirements for transferred poultry waste

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any poultry
				waste end-user or poultry waste broker who receives poultry waste shall comply
				with the requirements outlined in the following sections.
B. Storage requirements. Any poultry waste
				end-user or poultry waste broker who receives poultry waste shall comply with
				the requirements outlined in this section regarding storage of poultry waste in
				their possession or under their control.
1.
				Poultry waste shall be stored in a manner that prevents contact with surface
				water and ground water. Poultry waste that is stockpiled outside for more than
				14 days shall be kept in a facility or at a site that provides adequate
				storage. Adequate storage shall, at a minimum, include the following:
a. Poultry waste shall be covered to protect
				it from precipitation and wind;
b.
				Storm water shall not run onto or under the stored poultry waste;
c. A minimum of two feet of separation
				distance to the seasonal high water table or an impermeable barrier shall be
				used under the stored poultry waste. All poultry waste storage facilities that
				use an impermeable barrier shall maintain a minimum of one foot of separation
				between the seasonal high water table and the impermeable barrier. Impermeable
				barriers shall be constructed of at least 12 inches of compacted clay, at least
				four inches of reinforced concrete, or another material of similar structural
				integrity that has a minimum permeability rating of 0.0014 inches per hour
				(1X10-6 centimeters per second); and
d. For poultry waste that is not stored under
				roof, the storage site must be at least:
(1)
				100 feet from any surface water, intermittent drainage, wells, sinkholes, rock
				outcrops, and springs; and
(2) 200
				feet from any occupied dwellings not on the end-user's or broker's property,
				unless the occupant of the dwelling signs a waiver of the storage
				site.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 630 - VIRGINIA POLLUTION ABATEMENT REGULATION AND GENERAL PERMIT FOR POULTRY WASTE MANAGEMENT › Section 9VAC25-630-90 - Commercial poultry processor activities

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any commercial poultry processor who
				contracts with a poultry grower shall comply with the requirements outlined in
				this section.
B. For the purpose of
				this section, the commercial poultry processor's hired staff, contract or
				company employed haulers, poultry catching crews, and feed truck operators are
				also considered the commercial poultry processor.
C. A commercial poultry processor that
				conducts typical farming activities on the contract poultry grower's farm shall
				be responsible for cleaning up after such farming activities.
1. Typical farming activities include the
				following:
a. Releasing poultry into the
				poultry growing houses;
b. Catching
				poultry for transport; and
c.
				Filling feed bins.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 630 - VIRGINIA POLLUTION ABATEMENT REGULATION AND GENERAL PERMIT FOR POULTRY WASTE MANAGEMENT › Form - FORMS (9VAC25-630)

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia
				  DEQ Registration Statement for VPA General Permit for Poultry Waste Management
				  for Poultry Waste Growers, RS VPG2 (eff. 2/2021)
Virginia
				  DEQ Registration Statement for VPA General Permit for Poultry Waste Management
				  for Poultry Waste End-Users and Poultry Waste Brokers, RS End Users/Brokers
				  VPG2 (eff. 2/2021)
Fact
				  Sheet Requirements for Poultry Litter Use and Storage (rev.
				  1/2024)
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-20 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. Unless otherwise
				exempted in this section or excluded in
				9VAC25-640-30, operators of
				aboveground storage tank facilities having a maximum storage capacity of 25,000
				gallons or greater of oil must demonstrate financial responsibility in
				accordance with the requirements of this chapter as a condition of
				operation.
B. Unless otherwise
				exempted in this section or excluded in
				9VAC25-640-30, operators of
				pipelines must demonstrate financial responsibility in accordance with the
				requirements of this chapter as a condition of operation.
C. State and federal government entities
				whose debts and liabilities are the debts and liabilities of the Commonwealth
				of Virginia or the United States have the requisite financial strength and
				stability to fulfill their financial assurance requirements and are relieved of
				the requirements to further demonstrate an ability to provide financial
				responsibility under this chapter.
D. Local government entities are not required
				to comply with the requirements of this chapter.
E. If there is more than one operator for a
				facility, only one operator is required to demonstrate financial
				responsibility; however, all operators are jointly responsible for ensuring
				compliance with financial responsibility requirements.
F. The provisions in
				9VAC25-640-220 apply to all
				operators of aboveground storage tank facilities, regardless of storage
				capacity, unless otherwise exempted or excluded in
				9VAC25-640-30.
Statutory Authority
§§ 62.1-44.15 and 62.1-44.34:16 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-30 - Exclusions

Current through Register Vol. 40, No. 24, July 15, 2024
The requirements of this chapter do not apply to:
1. Vessels;
2. Licensed motor vehicles, unless used
				solely for the storage of oil (e.g., airport refueling trucks and mobile
				refueling vehicles);
3. An AST with
				a storage capacity of 660 gallons or less of oil, except with regard to
				purposes of the requirements of
				9VAC25-640-220;
4. An AST containing petroleum, including
				crude oil or any fraction thereof, which is liquid at standard temperature and
				pressure (60°F at 14.7 pounds per square inch absolute) subject to and
				specifically listed or designated as a hazardous substance under subparagraphs
				(A) through (F) of § 101(14) of the federal Comprehensive Environmental
				Response, Compensation, and Liability Act (CERCLA) (42 USC §
										9601 et seq.);
5. A wastewater treatment tank system that is
				part of a wastewater treatment facility regulated under § 402 or §
				307(b) of the federal Clean Water Act (33 USC
				§
										1251 et seq.);
6. An AST that is regulated by the Department
				of Energy under Chapter 16 (§
									45.2-1600
				et seq.) of Title 45.2 of the Code of Virginia;
7. An AST used for the storage of products
				that are regulated pursuant to the federal Food, Drug and Cosmetic Act
				(21
				USC §
										301 et seq.), except with regard
				to purposes of the requirements of
				9VAC25-640-220;
8. An AST that is used to store hazardous
				wastes listed or identified under Subtitle C of the Resource Conservation and
				Recovery Act (RCRA) (Solid Waste Disposal Act) (42 USC §
										6901 et seq.);
9. An AST that is used to store propane gas,
				butane gas, or other liquid petroleum gases;
10. An AST used to store nonpetroleum
				hydrocarbon-based animal and vegetable oils;
11. A liquid trap or associated gathering
				lines directly related to oil or gas production, or gathering
				operations;
12. A surface
				impoundment, pit, pond, or lagoon;
13. A stormwateror wastewater collection
				system;
14. Equipment or machinery
				that contains oil for operational purposes, including lubricating systems,
				hydraulic systems, and heat transfer systems;
15. An AST that forms an integral part
				(cannot be readily detached or removed) of the equipment or machinery and the
				contents of the AST are solely used by the attached equipment or machinery
				(e.g., fuel tank affixed into the frame of an emergency generator);
16. An AST used to contain oil for less than
				120 days when:
(i) used in connection with
				activities related to the containment and clean up of oil;
(ii) used by a federal, state, or local
				entity in responding to an emergency; or
(iii) used temporarily on site to replace
				permanent storage capacity, except with regard to purposes of the requirements
				of
				9VAC25-640-220;
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-40 - Compliance dates

Current through Register Vol. 40, No. 24, July 15, 2024
Operators of existing facilities are required to comply with
				  the requirements of this chapter by June 30, 2001. Operators of new facilities
				  shall comply with the requirements of this chapter by the date the facility
				  begins operation.
Statutory Authority
§§ 62.1-44.15 and 62.1-44.34:16 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-50 - Amount and scope of required financial responsibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. Operators shall
				demonstrate per occurrence and annual aggregate financial responsibility for
				containment and clean up of discharges of oil in an amount equal to (i) five
				cents per gallon of the aggregate aboveground storage capacity for ASTs in all
				Virginia facilities up to a maximum of $1 million and (ii) $5 million for
				pipelines.
B. If the operator uses
				separate mechanisms or combinations of mechanisms to demonstrate financial
				responsibility for the containment and clean up of oil, (i) the amount of
				assurance provided by the combination of mechanisms shall be in the full amount
				specified in subsection A of this section, and (ii) the operator shall
				demonstrate financial responsibility in the appropriate amount of annual
				aggregate assurance specified in subsection A of this section by the
				first-occurring effective date anniversary of any one of the mechanisms
				combined (other than a financial test or guarantee) to provide
				assurance.
C. The amounts of
				assurance required under this section exclude legal defense costs.
D. The required demonstration of financial
				responsibility does not in any way limit the liability of the operator under
				§ 62.1-44.34:18 of the Code of Virginia.
E. Operators which demonstrate financial
				responsibility shall maintain copies of those records on which the
				determination is based. The following documents may be used by operators to
				support a financial responsibility requirement determination:
1. Copies of the registration form required
				under 9VAC25-91.
2. Any other form
				of documentation that the department may deem to be acceptable evidence to
				support the financial responsibility requirement determination.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-60 - Allowable mechanisms and combinations of mechanisms

Current through Register Vol. 40, No. 24, July 15, 2024
A. Subject to the limitations of subsection B
				of this section, an operator may use any one or combination of the mechanisms
				listed in 9VAC25-640-70 through
				9VAC25-640-120 to demonstrate
				financial responsibility under this chapter for one or more aboveground storage
				tanks or pipelines.
B. An operator
				may use self-insurance in combination with a guarantee only if, for the purpose
				of meeting the requirements of the financial test under this regulation, the
				financial statements of the operator are not consolidated with the financial
				statements of the guarantor.
Statutory Authority
§§ 62.1-44.15 and 62.1-44.34:16 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-70 - Financial test of self-insurance

Current through Register Vol. 40, No. 24, July 15, 2024
A. An operator
				and/or guarantor may satisfy the requirements of
				9VAC25-640-50
				by passing a financial test as specified in this section. To pass the financial
				test of self-insurance, the operator and/or guarantor shall meet the
				requirements of subsection B or C and subsection D of this section based on
				year-end financial statements for the latest completed financial reporting
				year.
B.
1. The operator and/or guarantor shall have a
				tangible net worth at least equal to the total of the applicable amount
				required by
				9VAC25-640-50
				for which a financial test is used to demonstrate financial
				responsibility.
2. The operator
				and/or guarantor shall comply with either subdivision a or b below:
a.
(1) The
				financial reporting year-end financial statements of the operator and/or
				guarantor shall be examined by an independent certified public accountant and
				be accompanied by the accountant's report of the examination; and
(2) The financial reporting year-end
				financial statements of the operator and/or guarantor cannot include an adverse
				auditor's opinion, a disclaimer of opinion, or a "going concern"
				qualification.
b.
(1)
(a)
				File financial statements annually with the U.S. Securities and Exchange
				Commission, the Energy Information Administration, or the Rural Utilities
				Service; or
(b) Report annually the
				tangible net worth of the operator and/or guarantor to Dun and Bradstreet, and
				Dun and Bradstreet must have assigned a financial strength rating which at
				least equals the amount of financial responsibility required by the operator in
				9VAC25-640-50.
(2) The financial reporting
				year-end financial statements of the operator and/or guarantor, if
				independently audited, cannot include an adverse auditor's opinion, a
				disclaimer of opinion, or a "going concern" qualification.
3. The operator and/or guarantor
				shall have a letter signed by the chief financial officer worded identically as
				specified in Appendix I/Alternative I.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-80 - Guarantee

Current through Register Vol. 40, No. 24, July 15, 2024
A. An operator may
				satisfy the requirements of
				9VAC25-640-50
				by obtaining a guarantee that conforms to the requirements of this section. The
				guarantor shall be:
1. A firm that:
a. Possesses a controlling interest in the
				operator;
b. Possesses a
				controlling interest in a firm described under subdivision A 1 a of this
				section; or
c. Is controlled
				through stock ownership by a common parent firm that possesses a controlling
				interest in the operator; or
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-90 - Insurance and group self-insurance pool coverage

Current through Register Vol. 40, No. 24, July 15, 2024
A.
1. An
				operator may satisfy the requirements of
				9VAC25-640-50 by obtaining
				liability insurance that conforms to the requirements of this section from a
				qualified insurer or entering into a member agreement with a group
				self-insurance pool.
2. Such
				liability insurance may be in the form of a separate insurance policy or an
				endorsement to an existing insurance policy.
3. Group self-insurance pools shall comply
				with § 62.1-44.34:16 of the Code of Virginia and the rules promulgated by
				the State Corporation Commission designated as Chapter 385 of Title 14 of the
				Virginia Administrative Code and entitled "Rules Governing Aboveground Storage
				Tank and Pipeline Operators Group Self-Insurance Pools" (14VAC5-385).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-100 - Surety bond

Current through Register Vol. 40, No. 24, July 15, 2024
A. An operator may
				satisfy the requirements of
				9VAC25-640-50 by obtaining a surety
				bond that conforms to the requirements of this section. The surety company
				issuing the bond shall be licensed to operate as a surety in the Commonwealth
				of Virginia and be among those listed as acceptable sureties on federal bonds
				in the latest Circular 570 of the U.S. Department of the Treasury.
B. The surety bond shall be worded
				identically as specified in Appendix V, except that instructions in brackets
				shall be replaced with the relevant information and the brackets
				deleted.
C. Under the terms of the
				bond, the surety will become liable on the bond obligation when the operator
				fails to perform as guaranteed by the bond. In all cases, the surety's
				liability is limited to the per-occurrence and annual aggregate penal
				sums.
Statutory Authority
§§ 62.1-44.15 and 62.1-44.34:16 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-110 - Letter of credit

Current through Register Vol. 40, No. 24, July 15, 2024
A. An operator may
				satisfy the requirements of
				9VAC25-640-50
				by obtaining an irrevocable standby letter of credit that conforms to the
				requirements of this section. The issuing institution shall be an entity that
				has the authority to issue letters of credit in the Commonwealth of Virginia
				and whose letter-of-credit operations are regulated and examined by a federal
				agency or the State Corporation Commission.
B. The letter of credit shall be worded
				identically as specified in Appendix VI, except that instructions in brackets
				are to be replaced with the relevant information and the brackets
				deleted.
C. The letter of credit
				shall be irrevocable with a term specified by the issuing institution. The
				letter of credit shall provide that credit will be automatically renewed for
				the same term as the original term, unless, at least 120 days before the
				current expiration date, the issuing institution notifies the operator and the
				department by certified mail of its decision not to renew the letter of credit.
				Under the terms of the letter of credit, the 120 days will begin on the date
				when the operator and the department receives the notice, as evidenced by the
				return receipts.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.34:16 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-115 - Certificate of deposit

Current through Register Vol. 40, No. 24, July 15, 2024
A. An operator may
				satisfy the requirements of
				9VAC25-640-50,
				wholly or in part, by assigning all rights, title, and interest of a
				certificate of deposit to the Department of Environmental Quality, Commonwealth
				of Virginia. The operator shall maintain the certificate of deposit until the
				requirements of
				9VAC25-640-190
				are met. The original assignment and the certificate of deposit, if applicable,
				must be submitted to the department to prove that the certificate of deposit
				has been obtained and meets the requirements of this section. A copy of the
				certificate of deposit shall be maintained at the aboveground storage tank site
				or the operator's place of work located in Virginia. The issuing institution
				shall be a bank or other financial institution whose deposits are insured by
				the Federal Deposit Insurance Corporation (FDIC) and whose operations are
				regulated and examined by the Commonwealth of Virginia, by a federal agency, or
				by an agency of another state.
B.
				The operator shall be entitled to demand, receive, and recover the interest and
				income from the certificate of deposit as it becomes due and payable as long as
				the market value of the certificate of deposit plus any other mechanisms used
				continue to at least equal the amount of financial responsibility the operator
				is required to demonstrate.
C. In
				the event of failure of the operator to comply with the requirements of
				9VAC25-640-150,
				the department shall cash the certificate of deposit.
D. Payments made under the terms of the
				certificate of deposit will be deposited by the issuing institution directly
				into the Virginia Petroleum Storage Tank Fund. Payments from the fund shall be
				approved by the department.
E. The
				wording of the assignment shall be identical to the wording specified in
				Appendix X.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.34:16 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-120 - Trust fund

Current through Register Vol. 40, No. 24, July 15, 2024
A. An operator may
				satisfy the requirements of
				9VAC25-640-50
				by establishing an irrevocable trust fund that conforms to the requirements of
				this section. 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.
B. The trust fund shall be irrevocable and
				shall continue until terminated at the written direction of the grantor and the
				trustee, or by the trustee and the department, if the grantor ceases to exist.
				Upon termination of the trust, all remaining trust property, less final trust
				administration expenses, shall be delivered to the operator. The wording of the
				trust agreement shall be identical to the wording specified in Appendix
				VII.
C. The irrevocable trust fund,
				when established, shall be funded for the full required amount of coverage, or
				funded for part of the required amount of coverage and used in combination with
				other mechanisms that provide the remaining required coverage.
D. If the value of the trust fund is greater
				than the required amount of coverage, the operator may submit a written request
				to the department for release of the excess.
E. If other financial assurance as specified
				in this chapter is substituted for all or part of the trust fund, the operator
				may submit a written request to the department for release of the
				excess.
F. Within 60 days after
				receiving a request from the operator for release of funds as specified in
				subsection D or E of this section, the department will instruct the trustee to
				release to the operator such funds as the department specifies in
				writing.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.34:16 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-140 - Substitution of financial assurance mechanisms by operator

Current through Register Vol. 40, No. 24, July 15, 2024
A. An operator may substitute any alternate
				financial assurance mechanisms as specified in this chapter, provided that at
				all times he maintains an effective financial assurance mechanism or
				combination of mechanisms that satisfies the requirements of
				9VAC25-640-50.
B. After obtaining alternate financial
				assurance as specified in this chapter, an operator may cancel a financial
				assurance mechanism by providing notice to the provider of financial
				assurance.
Statutory Authority
§§ 62.1-44.15 and 62.1-44.34:16 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-150 - Cancellation or nonrenewal 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 operator and the department.
Termination of a guarantee, a surety bond, or a letter of
				  credit may not occur until 120 days after the date on which the operator and
				  the department receives the notice of termination, as evidenced by the return
				  receipts.
Termination of insurance or group self-insurance pool
				  coverage, except for nonpayment or misrepresentation by the insured, may not
				  occur until 60 days after the date on which the operator and the department
				  receives the notice of termination, as evidenced by the return receipts.
				  Termination for nonpayment of premium or misrepresentation by the insured may
				  not occur until a minimum of 15 days after the date on which the operator and
				  the department receives the notice of termination, as evidenced by the return
				  receipts.
B. If a provider
				of financial responsibility cancels or fails to renew for reasons other than
				incapacity of the provider as specified in
				9VAC25-640-200,
				the operator shall obtain alternate coverage as specified in this section and
				shall submit to the department the appropriate original forms listed in
				9VAC25-640-170 B
				documenting the alternate coverage within 60 days after receipt of the notice
				of termination. If the operator fails to obtain alternate coverage within 60
				days after receipt of the notice of termination, the 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
				9VAC25-640-170.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-160 - Reporting by operator

Current through Register Vol. 40, No. 24, July 15, 2024
A. An operator
				shall submit the appropriate original forms listed in
				9VAC25-640-170 B
				documenting current evidence of financial responsibility to the department
				within 30 days after the operator identifies or confirms a discharge from an
				aboveground storage tank or pipeline required to be reported under 9VAC25-91.
				For all subsequent discharges within the same period of time for which the
				documents submitted according to this subsection are still effective, the
				operator shall submit a letter that identifies the operator's name and address
				and the aboveground storage tank's or pipeline's location by site name, street
				address, department incident designation number and a statement that the
				financial responsibility documentation previously provided to the department is
				currently in force.
B. An operator
				shall notify the department if the operator fails to obtain alternate coverage
				as required by this chapter within 30 days after the operator receives notice
				of:
1. Commencement of a voluntary or
				involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a
				provider of financial assurance as a debtor.
2. Suspension or revocation of the authority
				of a provider of financial assurance to issue a financial assurance
				mechanism.
3. Failure of a
				guarantor to meet the requirements of the financial test.
4. Other incapacity of a provider of
				financial assurance.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-180 - Drawing on financial assurance mechanisms

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department
				may require the guarantor, surety, or institution issuing a letter of credit or
				certificate of deposit to pay to the department an amount up to the limit of
				funds provided by the financial assurance mechanism if:
1.
a. The
				operator fails to establish alternate financial assurance within 60 days after
				receiving notice of cancellation of the guarantee, surety bond, letter of
				credit, certificate of deposit; and
b. The department determines or suspects that
				a discharge from an aboveground storage tank or pipeline covered by the
				mechanism has occurred and so notifies the operator, or the operator has
				notified the department pursuant to 9VAC25-91 of a discharge from an
				aboveground storage tank or pipeline covered by the mechanism; or
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-190 - Release from the requirements

Current through Register Vol. 40, No. 24, July 15, 2024
An operator is no longer required to maintain financial
				  responsibility under this chapter for an aboveground storage tank or pipeline
				  after the tank or pipeline has been permanently closed pursuant to the
				  requirements of 9VAC25-91, except when the department determines clean up of a
				  discharge from the aboveground storage tank or pipeline is
				  required.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.34:16 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-200 - Bankruptcy or other incapacity of operator provider of financial assurance

Current through Register Vol. 40, No. 24, July 15, 2024
A. Within 10 days
				after commencement of a voluntary or involuntary proceeding under Title 11
				(Bankruptcy), U.S. Code, naming an operator as debtor, the operator shall
				notify the department by certified mail of such commencement.
B. Within 10 days after commencement of a
				voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
				naming a guarantor providing financial assurance as debtor, such guarantor
				shall notify the operator and the department by certified mail of such
				commencement as required under the terms of the guarantee specified in
				9VAC25-640-80.
C. An operator who obtains financial
				assurance by a mechanism other than the financial test of self-insurance will
				be deemed to be without the required financial assurance in the event of a
				bankruptcy or incapacity of its provider of financial assurance, or a
				suspension or revocation of the authority of the provider of financial
				assurance to issue a guarantee, insurance policy, group self-insurance pool
				coverage policy, surety bond, certificate of deposit, or letter of credit. The
				operator shall obtain alternate financial assurance as specified in this
				chapter and submit to the department the appropriate original forms specified
				in
				9VAC25-640-170 B
				within 30 days after receiving notice of such an event. If the operator does
				not obtain alternate coverage within 30 days after such notification, he shall
				immediately notify the department in writing.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.34:16 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-210 - Replenishment of guarantees, letters of credit, certificate of deposit, or surety bonds

Current through Register Vol. 40, No. 24, July 15, 2024
A. If at any time a
				guarantee, letter of credit, certificate of deposit, or surety bond is drawn
				upon by instruction of the department and the department has expended all or
				part of the funds for containment and cleanup, the operator by the anniversary
				date of the financial mechanism from which the funds were drawn shall:
1. Replenish the value of financial assurance
				to equal the full amount of coverage required; or
2. Acquire another financial assurance
				mechanism for the amount by which the face value of the letter of credit,
				certificate of deposit, surety bond, or guarantee has been reduced.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-220 - Virginia Petroleum Storage Tank Fund

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Virginia
				Petroleum Storage Tank Fund will be used for reasonable and necessary costs, in
				excess of the financial responsibility amounts specified below, incurred by an
				operator for containment and cleanup of a petroleum release from a facility of
				a product subject to § 62.1-44.34:13 of the Code of Virginia as follows:
1. Reasonable and necessary per occurrence
				containment and cleanup costs incurred by an operator whose net annual profits
				from all facilities in Virginia do not exceed $10 million:
a. For a release from a facility with a
				storage capacity less than 25,000 gallons, per occurrence costs in excess of
				$2,500 up to $1 million;
b. For a
				release from a facility with a storage capacity from 25,000 gallons to 100,000
				gallons, per occurrence costs in excess of $5,000 up to $1 million;
c. For a release from a facility with a
				storage capacity from 100,000 gallons to four million gallons, per occurrence
				costs in excess of $.05 per gallon of aboveground storage capacity up to $1
				million; and
d. For a release from
				a facility with a storage capacity greater than four million gallons, per
				occurrence costs in excess of $200,000 up to $1 million.
e. For purposes of this subdivision, the per
				occurrence financial responsibility requirements for an operator shall be based
				on the total storage capacity for the facility from which the discharge
				occurs.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-230 - Notices to the department

Current through Register Vol. 40, No. 24, July 15, 2024
All requirements of this chapter for notification to the
				  department shall be addressed as follows:
Director, Department of Environmental Quality, 1111 East Main
				  Street, Suite 1400, P.O. Box 1105, Richmond, Virginia 23218.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.34:16 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-240

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.34:16 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-250

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
											62.1-44.15
					 and
					 62.1-44.34:16
					 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-250:7 - APPENDIX VII. TRUST AGREEMENT

Current through Register Vol. 40, No. 24, July 15, 2024
(Note: The instructions in brackets are to be replaced by the
				  relevant information and the brackets deleted.)
Trust agreement, the "Agreement," entered into as of [date]
				  by and between [name of the 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 Department of Environmental Quality of the
				  Commonwealth of Virginia has established certain regulations applicable to the
				  Grantor, requiring that an operator of an aboveground storage tank and/or
				  pipeline shall provide assurance that funds will be available when needed for
				  containment and clean up of a discharge of oil arising from the operation of
				  the aboveground storage tank and/or pipeline. The attached Schedule A contains
				  for each facility the name and address of the facility where tanks covered by
				  this trust agreement are located, either the registration identification number
				  assigned by the Department or the Oil Discharge Contingency Plan facility
				  identification number and for pipelines the home office address and names of
				  the cities and counties in the Commonwealth where the pipeline is
				  located;
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 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.
(c) "9 VAC 25-640" is the
				Aboveground Storage Tank and Pipeline Facility Financial Responsibility
				Requirements Regulation promulgated by the Department of Environmental Quality
				for the Commonwealth of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 640 - ABOVEGROUND STORAGE TANK AND PIPELINE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-640-250:9 - APPENDIX IX. CERTIFICATION OF FINANCIAL RESPONSIBILITY

Current through Register Vol. 40, No. 24, July 15, 2024
(Note: The instructions in brackets are to be replaced by the
				  relevant information and the brackets deleted.)
Operator hereby certifies that it is in compliance with the
				  requirements of 9VAC25-640.
The financial assurance mechanism[s] used to demonstrate
				  financial responsibility under 9VAC25-640 is [are] as follows:
Indicate type of Mechanism:
____ Letter from Chief Financial Officer
____ Guarantee
____ Insurance Endorsement or Certificate
____ Letter of Credit
____ Certificate of Deposit
____ Surety Bond
____ Trust Fund
Name of Issuer: _____________
Mechanism Number (if applicable): _____________
Total number of gallons of aboveground storage capacity for
				  which demonstration is provided: _____________
Amount of coverage for mechanism:
$______________ containment and clean up per occurrence and
				  annual aggregate
Effective period of coverage: _______________ to
				  _______________
Do(es) mechanism(s) cover(s): containment and clean up caused
				  by either sudden accidental discharges or nonsudden accidental discharges or
				  accidental discharges ____ Yes ____ No
If "No," specify in the following space the items the
				  mechanism covers:
[Signature of operator]
[Name of operator]
[Title] [Date]
[Signature of notary]
[Name of notary] [Date] My Commission expires:
				  _______________
Statutory Authority
§§ 62.1-44.15 and 62.1-44.34:16 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 II - General Information and Legislative Authority › Section 9VAC25-650-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this regulation is to require owners or
					 operators of certain privately owned sewerage systems that treat sewage from
					 private residences to file with the department a plan to abate, control,
					 remove, or contain any substantial or imminent threat to public health or the
					 environment that is reasonably likely to occur if the facility ceases
					 operations. For the purposes of this regulation, such a plan shall be termed a
					 closure plan. Such plan shall also include the demonstration of financial
					 assurance required in
					 9VAC25-650-30 to
					 implement the plan.
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 II - General Information and Legislative Authority › Section 9VAC25-650-30 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This regulation
				  applies to all persons who own or operate permitted or unpermitted privately
				  owned sewerage systems subject to the Virginia Pollutant Discharge Elimination
				  System (VPDES) Permit Regulation (9VAC25-31) that treat sewage generated by
				  private residences and discharge more than 1,000 gallons per day and less than
				  40,000 gallons per day to state waters.
B. Owners or operators of privately owned
				  sewerage systems must demonstrate annually financial assurance in accordance
				  with the requirements of this chapter.
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 II - General Information and Legislative Authority › Section 9VAC25-650-40 - Suspensions and revocations

Current through Register Vol. 40, No. 24, July 15, 2024
Failure to submit a closure plan or to provide or maintain
					 adequate financial assurance in accordance with this regulation shall be a
					 basis for termination of a VPDES permit. Termination of a VPDES permit shall be
					 in accordance with
					 9VAC25-31-410.
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 9VAC25-650-70 - Transfer of ownership or permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. If a
				  privately owned sewerage system subject to this regulation is to be sold or if
				  ownership is to be transferred in the normal course of business, the owner or
				  operator shall notify the department, in written form through certified mail,
				  of such intended sale or transfer at least 30 days prior to such sale or
				  transfer. The notification shall provide the full name, address, and telephone
				  number of the person to whom the facility is to be sold or transferred. The
				  notice shall include a written agreement between the existing and the new
				  permittee containing a specific date for transfer of permit responsibilities,
				  coverage, and liabilities between them.
B. Changes in the ownership or operational
				  control of a facility may be made as a minor modification with prior written
				  approval of the department in accordance with
				  9VAC25-31-380,
				  except as otherwise provided in this section. When a transfer of ownership or
				  operational control occurs, the new owner or operator shall demonstrate
				  compliance with this chapter and the department shall approve the financial
				  mechanism prior to the transfer of the permit. Upon demonstration to the
				  department by the new owner or operator of compliance with this chapter, the
				  department shall notify the old owner or operator that the old owner or
				  operator no longer needs to comply with this chapter as of the date of
				  demonstration.
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 9VAC25-650-80 - Cost estimate for facility closure

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner or
				  operator shall prepare for approval by the department, a detailed written
				  estimate of the cost of implementing the closure plan. The written cost
				  estimate shall be submitted concurrently with the closure plan.
1. The closure plan cost estimate shall equal
				  the full cost of implementation of the closure plan in current
				  dollars.
2. The closure cost
				  estimate shall be based on and include the costs to the owner or operator of
				  hiring a third party to implement the closure plan. The third party may not be
				  either a parent corporation or subsidiary of the owner or operator.
3. The closure cost estimate may not
				  incorporate any salvage value that may be realized by the sale of wastes,
				  facility structures or equipment, land or other facility assets at the time of
				  implementation of the closure plan.