Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 192 - VIRGINIA POLLUTION ABATEMENT (VPA) REGULATION AND GENERAL PERMIT FOR ANIMAL FEEDING OPERATIONS AND ANIMAL WASTE MANAGEMENT › Section 9VAC25-192-50 - Authorization to manage pollutants

Current through Register Vol. 40, No. 24, July 15, 2024
A. Owner of an animal feeding operation. Any
				owner governed by this general permit is hereby authorized to manage pollutants
				at animal feeding operations provided that the owner files the registration
				statement of
				9VAC25-192-60, complies with the
				requirements of
				9VAC25-192-70, and provided that:
1. The owner has not been required to obtain
				a VPDES permit or an individual VPA permit according to subdivision 2 of
				9VAC25-32-260;
2. The operation of the animal feeding
				operation shall not contravene the Water Quality Standards, as amended and
				adopted by the board, or any provision of the State Water Control Law. There
				shall be no point source discharge of wastewater to surface waters of the state
				except in the case of a storm event greater than the 25-year, 24-hour storm.
				Agricultural stormwater discharges are permitted. Domestic sewage shall not be
				managed under this general permit. Industrial waste shall not be managed under
				this general permit, except for wastes that have been approved by the
				department and are managed in accordance with
				9VAC25-192-70;
3. The owner of any proposed pollutant
				management activities or those which have not previously been issued a valid
				Virginia Pollution Abatement (VPA) permit or Virginia Pollutant Discharge
				Elimination System (VPDES) permit must attach to the registration statement,
				the Local Government Ordinance Form (a notification from the governing body of
				the county, city or town where the operation is located that the operation is
				consistent with all ordinances adopted pursuant to Chapter 22 (§ 15.2-2200
				et seq.) of Title 15.2 of the Code of Virginia).
4. The owner shall obtain Department of
				Conservation and Recreation approval of a nutrient management plan for the
				animal feeding operation prior to the submittal of the registration statement.
				The owner shall attach to the registration statement a copy of the approved
				nutrient management plan and a copy of the letter from the Department of
				Conservation and Recreation certifying approval of the nutrient management plan
				that was developed by a certified nutrient management planner in accordance
				with § 10.1-104.2 of the Code of Virginia. The owner shall implement the
				approved nutrient management plan.
5.
a. The
				owner shall give notice of the registration statement to all owners or
				residents of property that adjoins the property on which the animal feeding
				operation will be located. Such notice shall include (i) the types and maximum
				number of animals which will be maintained at the facility and (ii) the address
				and phone number of the appropriate department regional office to which
				comments relevant to the registration statement may be submitted. This notice
				requirement is waived whenever registration is for the purpose of renewing
				coverage under the permit and no expansion is proposed and the department has
				not issued any special or consent order relating to violations under the
				existing permit.
b. Any person may
				submit written comments on the proposed operation to the department within 30
				days of the date of the filing of the registration statement. If, on the basis
				of such written comments or his review, the director determines that the
				proposed operation will not be capable of complying with the provisions of the
				general permit, the director shall require the owner to obtain an individual
				permit for the operation. Any such determination by the director shall be made
				in writing and mailed to the owner not more than 45 days after the filing of
				the registration statement or, if in the director's sole discretion additional
				time is necessary to evaluate comments received from the public, not more than
				60 days after the filing of the registration statement.
6. As required by § 62.1-44.17:1F of the
				Code of Virginia, each owner of a facility covered by this general permit shall
				have completed the training program offered or approved by the department in
				the two years prior to submitting the registration statement for general permit
				coverage, or shall complete such training within one year after the
				registration statement has been submitted for general permit coverage. All
				permitted owners shall complete the training program at least once every three
				years.