reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-105 - Certificate of deposit

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner or
				operator may satisfy the requirements of
				9VAC25-590-40,
				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 owner or operator shall maintain the certificate of deposit
				until the requirements of
				9VAC25-590-180
				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 underground storage tank site
				or the owner's or 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 owner or 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 owner or operator is required
				to demonstrate under
				9VAC25-590-40.
C. In the event of failure of the owner or
				operator to comply with the requirements of
				9VAC25-590-140,
				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 XIII.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.34:9 of the Code of Virginia;
					 42 USC §
												6901 et seq.;
					 40 CFR Parts
					 280 and
					 281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-110 - Trust fund

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner or
				operator may satisfy the requirements of
				9VAC25-590-40
				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 S 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 owner or operator. The
				wording of the trust agreement shall be identical to the wording specified in
				Appendix VII, and shall be accompanied by a formal certification of
				acknowledgment as specified in Appendix VIII.
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 mechanism or mechanisms that provide the remaining required
				coverage.
D. If the value of the
				trust fund is greater than the required amount of coverage, the owner or
				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 owner or operator may submit a written request to the
				department for release of the excess.
F. Within 60 days after receiving a request
				from the owner or 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
				owner or operator such funds as the department specifies in writing.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.34:9 of the Code of Virginia;
					 42 USC §
												6901 et seq.;
					 40 CFR Parts
					 280 and
					 281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-130 - Substitution of financial assurance mechanisms by owner or operator

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner or
				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
				9VAC25-590-40.
B. After obtaining alternate financial
				assurance as specified in this chapter, an owner or operator may cancel a
				financial assurance mechanism by providing notice to the provider of financial
				assurance.
Statutory Authority
§§ 62.1-44.34:9 and 62.1-44.34:12 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-140 - 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 owner or operator, and the department.
1. Termination of a local government
				guarantee, a guarantee, a surety bond, or a letter of credit may not occur
				until 120 days after the date on which the owner or operator, and the
				department receive the notice of termination, as evidenced by the return
				receipts.
2. 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 owner or operator and the department receive 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 owner or operator and the department receive
				the notice of termination, as evidenced by the return receipts.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-150 - Reporting by owner or operator

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner or
				operator shall submit the appropriate original forms listed in
				9VAC25-590-160 B
				documenting current evidence of financial responsibility to the department
				within 30 days after the owner or operator identifies or confirms a release
				from an underground storage tank required to be reported under
				9VAC25-580-220
				or
				9VAC25-580-240.
				For all subsequent releases within the same period of time for which the
				documents submitted according to this subsection are still effective, the owner
				or operator shall submit a letter which identifies the owner's or operator's
				name and address and the underground storage tanks' 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 owner or
				operator shall submit the appropriate forms listed in
				9VAC25-590-160 B
				documenting current evidence of financial responsibility to the department if
				the owner or operator fails to obtain alternate coverage as required by this
				chapter within 30 days after the owner or 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; or
4. Other incapacity of a provider of
				financial assurance.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-170 - Drawing on financial assurance mechanism

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as
				specified in subsection D of this section, the department shall 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. The
				owner or operator fails to establish alternate financial assurance within 60
				days after receiving notice of cancellation of the guarantee, surety bond,
				letter of credit, or certificate of deposit; or
2. The conditions of subsection B of this
				section are satisfied.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-180 - Release from the requirements

Current through Register Vol. 40, No. 24, July 15, 2024
An owner or operator is no longer required to maintain
				  financial responsibility under this chapter for an underground storage tank
				  after the tank has been permanently closed or undergoes a change-in-service or,
				  if corrective action is required, after corrective action has been completed
				  and the tank has been permanently closed or undergoes a change-in-service as
				  required by Part VII (9VAC25-580-310 et seq.) of 9VAC25-580.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.34:9 of the Code of Virginia; 42 USC § 6901 et seq.; 40 CFR Parts
					 280 and 281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-200 - Replenishment of guarantees, letters of credit, certificates of deposit, or surety bonds

Current through Register Vol. 40, No. 24, July 15, 2024
A. If at any time a
				letter of credit, certificate of deposit, surety bond, or guarantee is drawn
				upon by instruction of the department and the department has expended all or
				part of the funds for corrective action or to pay a third party liability
				claim(s), the owner or operator by the anniversary date of the financial
				assurance mechanism shall:
1. Replenish the
				value of the financial assurance mechanism 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 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-210 - 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 costs in excess of the financial
				responsibility requirements specified under subsection C of this section up to
				$1 million per occurrence for both taking corrective action and compensating
				third parties for bodily injury and property damage caused by accidental
				releases from petroleum underground storage tanks in accordance with the
				following:
1. Corrective action disbursements
				for accidental releases with no associated third party disbursements from the
				fund shall not exceed:
a. $995,000 for the
				$5,000 corrective action requirement;
b. $990,000 for the $10,000 corrective action
				requirement;
c. $980,000 for the
				$20,000 corrective action requirement;
d. $970,000 for the $30,000 corrective action
				requirement;
e. $950,000 for the
				$50,000 corrective action requirement.
Third party disbursements for accidental releases with no
				  corrective action disbursements from the fund shall not exceed:
a. $985,000 for the $15,000 third party
				requirement;
b. $970,000 for the
				$30,000 third party requirement;
c.
				$940,000 for the $60,000 third party requirement;
d. $880,000 for the $120,000 third party
				requirement;
e. $850,000 for the
				$150,000 third party requirement.
Combined corrective action and third party disbursements from
				  the fund shall not exceed:
a. $980,000
				for the $20,000 combined requirement;
b. $960,000 for the $40,000 combined
				requirement;
c. $920,000 for the
				$80,000 combined requirement;
d.
				$850,000 for the $150,000 combined requirement;
e. $800,000 for the $200,000 combined
				requirement.
The first priority for disbursements from the fund shall be
				  for corrective action costs necessary to protect human health and the
				  environment.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-220 - Notices to the department

Current through Register Vol. 40, No. 24, July 15, 2024
All requirements of this regulation 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
					 62.1-44.34:9 of the Code of Virginia;
					 42 USC §
												6901 et seq.;
					 40 CFR Parts
					 280 and
					 281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-230

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.34:9 of the Code of Virginia;
					 42 USC §
												6901 et seq.;
					 40 CFR Parts
					 280 and
					 281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-240 - Lender liability

Current through Register Vol. 40, No. 24, July 15, 2024
The U.S. Environmental Protection Agency regulations on
				  lender liability contained in the Technical Standards and Corrective Action
				  Requirements for Owners and Operators of Underground Storage Tanks (UST) (
				  40 CFR
				  280.200 through
				  280.230 ) are incorporated by
				  reference into this chapter as amended by the word or phrase substitutions
				  given in 9VAC25-590-260.
Statutory Authority: §§ 62-1.44.15 and
					 62.1-44.34:9 of the Code of
					 Virginia; 42 USC §
												6901 et seq.; 40 CFR "part"s 280 and
					 281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-250 - Local government financial responsibility demonstration

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as
				otherwise provided, the U.S. Environmental Protection Agency regulations on
				local government financial responsibility demonstration contained in the
				Technical Standards and Corrective Action Requirements for Owners and Operators
				of Underground Storage Tanks (UST) (
				40 CFR
				280.104 through
				280.107 ) are incorporated by
				reference into this chapter as amended by the word or phrase substitutions
				given in 9VAC25-590-260.
B. A local government demonstrating financial
				responsibility pursuant to 40 CFR 280.106 shall demonstrate
				using the guarantee arrangement entitled "Local Government Guarantee Without
				Standby Trust Made by a Local Government."
Statutory Authority: §§ 62-1.44.15 and
					 62.1-44.34:9 of the Code of
					 Virginia; 42 USC §
												6901 et seq.; 40 CFR "part"s 280 and
					 281.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-260 - Modifications to language incorporated by reference

Current through Register Vol. 40, No. 24, July 15, 2024
In
				  9VAC25-590-240 and
				  9VAC25-590-250, the following
				  substitutions apply:
1. All terms which
				are defined in
				9VAC25-590-10 shall be given the
				definition contained in
				9VAC25-590-10;
2.
a.
				Director of the De"part"ment of Environmental Quality for director of the
				implementing agency;
b.
				De"part"ment of Environmental Quality for the implementing agency;
c. UST preventative and operating
				requirements under 9VAC25-580 for UST technical standards;
d. 9VAC25-580 and 9VAC25-590 for 40 CFR
				"part" 280;
e.
										9VAC25-580-230 through
				9VAC25-580-300 for 40 CFR "part"
				280, Sub"part" F;
f. 9VAC25-590 for
				40 CFR "part" 280, Sub"part" H;
g.
										9VAC25-580-50 for
				40 CFR
				280.20;
h.
										9VAC25-580-60 for
				40 CFR
				280.21;
i.
										9VAC25-580-90 for
				40 CFR
				280.31;
j.
										9VAC25-580-190 for
				40 CFR
				280.50;
k.
										9VAC25-580-200 through
				9VAC25-580-300 for
				40 CFR
				280.51 through
				280.67;
l.
										9VAC25-580-310 for
				40 CFR
				280.70;
m.
										9VAC25-580-320 through
				9VAC25-580-350 for
				40 CFR
				280.71 through
				280.74;
n.
										9VAC25-580-330 for
				40 CFR
				280.72;
o.
										9VAC25-590-10 through
				9VAC25-590-160 for
				40 CFR
				280.90 through
				280.111;
p.
										9VAC25-590-40 for
				40 CFR
				280.93;
q.
										9VAC25-590-170 for
				40 CFR
				280.112; and
r.
										9VAC25-590-190 for
				40 CFR
				280.114.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-260:7 - 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 owner or operator, a name of state insert
				  "corporation," ""part"nership," "association," or "proprietorship", the
				  "Grantor," and name of corporate trustee, insert "Incorporated in the state
				  of..... " or "a national bank", the "Trustee."
Whereas, the State Water Control Board of the Commonwealth of
				  Virginia has established certain regulations applicable to the Grantor,
				  requiring that an owner or operator of an underground storage tank shall
				  provide assurance that funds will be available when needed for corrective
				  action and third "part"y compensation for bodily injury and property damage
				  caused by sudden and nonsudden accidental releases arising from the operation
				  of the underground storage tank. The attached Schedule A lists the number of
				  tanks at each facility and the name(s) and address(es) of the facility(ies)
				  where the tanks are located that are covered by the trust agreement.
Whereas, the Grantor, acting through its duly authorized
				  officers, has selected the Trustee to be the trustee under this agreement, and
				  the Trustee is willing to act as trustee;
Now, therefore, the Grantor and the Trustee agree as
				  follows:
Section 1. Definitions. As
				used in this Agreement:
(a) The term "Grantor"
				means the owner or operator who enters into this Agreement and any successors
				or assigns of the Grantor.
(b) The
				term "Trustee" means the Trustee who enters into this Agreement and any
				successor Trustee.
(c) "9VAC25-590"
				is the Petroleum Underground Storage Tank Financial Requirements Regulation
				promulgated by the State Water Control Board for the Commonwealth of
				Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-260:8 - APPENDIX VIII. CERTIFICATION OF ACKNOWLEDGMENT

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.]
State of....
County of....
On this [date], before me personally came [owner or
				  operator] to me known, who, being by me duly sworn, did depose and say that
				  she/he resides at [address], that she/he is [title] of [corporation], the
				  corporation described in and which executed the above instrument; that she/he
				  knows the seal of said corporation; that the seal affixed to such instrument is
				  such corporate seal; that it was so affixed by order of the Board of Directors
				  of said corporation; and that she/he signed her/his name thereto by like
				  order.
[Signature of Notary Public]
[Name of Notary Public]
My Commission expires:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-260:9 - 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.]
[Owner or operator] hereby certifies that it is in compliance
				  with the requirements of 9VAC25-590 (Petroleum Underground Storage Tank
				  Financial Requirements Regulation).
The financial assurance mechanism[s] used to demonstrate
				  financial responsibility under 9VAC25-590 is [are] as follows:
Indicate type of Mechanism (Note: the Fund may not be used as
				  the sole mechanism):
____ Virginia Petroleum Storage Tank Fund ("the Fund")
____ Letter from Chief Financial Officer
____ Guarantee
____ Insurance Endorsement or Certificate
____ Letter of Credit
____ Certificate of Deposit
____ Surety Bond
____ Trust Fund
Name of Issuer (for mechanism other than the Fund):
				  ______________________________
Mechanism Number (if applicable):_____________________
Demonstration amount for mechanism other than the
				  Fund:
$______________ corrective action per occurrence
$______________ third party liability per occurrence
$______________ annual aggregate
The Virginia Petroleum Storage Tank Fund demonstrates amounts
				  for corrective action per occurrence, third party liability per occurrence, and
				  annual aggregate, in excess of the amounts demonstrated by the "mechanism other
				  than the Fund" up to one million dollars. In the event that the owner/operator
				  owns/operates in excess of 100 USTs in the Commonwealth of Virginia, the Fund
				  demonstrates up to an annual aggregate of two million dollars.
Mechanisms' effective period of coverage: _______________ to
				  _______________
(If you are using either the Financial Test or the Guarantee,
				  please indicate the current financial reporting year, e.g., 1/01/02-12/31/02,
				  if you use the calendar year as your financial reporting year, or other dates
				  if you operate under a different fiscal year. If you are using a Letter of
				  Credit, a Certificate of Deposit, a Surety Bond, or an Insurance Policy, please
				  indicate the annually renewable term of the applicable mechanism.)
Do(es) mechanism(s) cover(s): taking corrective action and/or
				  compensating third parties for bodily injury and property damage caused by
				  either sudden accidental releases or nonsudden accidental releases or
				  accidental releases ____ Yes ____ No
If "No," specify in the following space the items the
				  mechanism covers:
[Signature of owner or operator]
[Name of owner or operator] [Title] [Date]
[Signature of notary]
[Name of notary] [Date] My Commission
				  expires:
Statutory Authority
§§ 62.1-44.34:9 and 62.1-44.34:12 of the Code of
					 Virginia; 40 CFR Part 280.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 9VAC25-590-260:10 - APPENDIX X. CERTIFICATION OF VALID CLAIM

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.]
The undersigned, as principals and as legal representatives
				  of [insert owner or operator] and [insert name and address of third party
				  claimant], hereby certify that the claim of bodily injury [and/or] property
				  damage caused by an accidental release arising from operating [owner's or
				  operator's] underground storage tank should be paid in the amount of
				  $[.....]
[Signatures] [Signature(s)]
Owner or Operator Claimant(s)
Attorney for Attorney(s) for
Owner or Operator Claimant(s)
(Notary) Date (Notary) Date
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 590 - PETROLEUM UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY REQUIREMENTS › Form - FORMS (9VAC25-590)

Current through Register Vol. 40, No. 24, July 15, 2024
Corporate Ability to Pay Application (rev. 7/02).
Individual Ability to Pay Claim (rev. 7/02).
Partne rship Ability to Pay Application (rev
				7/02)
Insurance Certification (rev. 7/02).
Ability to Pay Application Instructions (rev. 7/02).
Ability to Pay Bankruptcy Affidavit (Tank Program) (rev.
				  7/02).
Notice of Intent to Seek Reconsideration (rev. 8/02).
Reconsideration Claim Form (rev. 8/02).
Form 1-Virginia Petroleum Storage Tank Fund Reimbursement
				  Application (1/1/98).
Form 2-Virginia Petroleum Storage Tank Fund Payment
				  Assignment Form and Substitute IRS Form W-9 (rev. 2/99).
Form 3-Virginia Petroleum Storage Tank Fund Multiple Owners
				  Payment Assignment Form (1/1/98).
AAF Cost Worksheet (1/1/98).
Bid Cost Worksheet (rev. 1/98).
Activity Authorization Form for 198 UCRs (rev.
				  11/02).
Activity Authorization Form for 395 UCRs (rev. 1/00).
Activity Authorization Form for 1289 UCRs (rev.
				  1/00).
Bid Summary Form (1/1/98).
Bid Comparison Form (1/1/98).
Bid Work Progress Form (1/1/98).
Site Information Form (7/98).
Certification of AST Facility Storage Capacity for Access to
				  the Virginia Petroleum Storage Tank Fund (7/98).
Certification of Annual Gallonage (7/98).
Estate Ability to Pay Application (7/98).
Virginia Petroleum Storage Tank Fund Substitute IRS Form W-9
				  (Rev. 2/99).
Reconsideration Claim Form Worksheet (Rev. 8/02).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 600 - DESIGNATED GROUND WATER MANAGEMENT AREAS › Section 9VAC25-600-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Act" means the Ground water Management Act of 1992 (§
				  62.1-254 et seq. of the Code of Virginia).
"Board" means the State Water Control Board.
"Ground water management area" means a geographically defined
				  ground water area in which the board has deemed the levels, supply or quality
				  of ground water to be adverse to public welfare, health and safety.
"Ground water" means any water, except capillary moisture,
				  beneath the land surface in the zone of saturation or beneath the bed of any
				  stream, lake, reservoir or other body of surface water within the boundaries of
				  this Commonwealth, whatever may be the subsurface geologic structure in which
				  such water stands, flows, percolates or otherwise occurs.
Statutory Authority: § 62.1-256 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 600 - DESIGNATED GROUND WATER MANAGEMENT AREAS › Section 9VAC25-600-20 - Declaration of groundwater management areas

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board hereby orders the declaration of
				the eastern part of Virginia as a groundwater management area. This area shall
				be known as the Eastern Virginia Groundwater Management Area. This area
				encompasses the counties of Charles City, Essex, Gloucester, Isle of Wight,
				James City, King George, King and Queen, King William, Lancaster, Mathews,
				Middlesex, New Kent, Northumberland, Prince George, Richmond, Southampton,
				Surry, Sussex, Westmoreland, and York; the areas of Caroline, Chesterfield,
				Fairfax, Hanover, Henrico, Prince William, Spotsylvania, and Stafford counties
				east of Interstate 95; and the cities of Chesapeake, Franklin, Hampton,
				Hopewell, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach,
				and Williamsburg.
B. The board
				hereby orders the declaration of the Eastern Shore of Virginia as a groundwater
				management area. This area shall be known as the Eastern Shore Groundwater
				Management Area. The area encompasses the counties of Accomack and
				Northampton.
C. All aquifers
				located between the land surface and basement rock within the geographic area
				defined will be included in the area and will be subject to the corrective
				controls set forth in Act.
Statutory Authority: § 62.1-256 of the Code of
					 Virginia.
Statutory Authority: § 62.1-256 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - General › Section 9VAC25-610-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The Ground Water Management Act of 1992 recognizes and
					 declares that the right to reasonable control of all groundwater resources
					 within the Commonwealth belongs to the public and that in order to conserve,
					 protect and beneficially utilize the groundwater resource and to ensure the
					 public welfare, safety and health, provisions for management and control of
					 groundwater resources are essential. This chapter delineates the procedures and
					 requirements to be followed when establishing groundwater management areas and
					 the issuance of groundwater withdrawal permits by the board or department
					 pursuant to the Ground Water Management Act of 1992.
Statutory Authority: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - General › Section 9VAC25-610-25 - 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: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - General › Section 9VAC25-610-40 - Prohibitions and requirements for ground water withdrawals

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person shall withdraw, attempt to
				  withdraw, or allow the withdrawal of ground water within a ground water
				  management area, except as authorized pursuant to a ground water withdrawal
				  permit, or as excluded in
				  9VAC25-610-50.
B. No permit or special exception shall be
				  issued for more ground water than can be applied to the proposed beneficial
				  use.
Statutory Authority
§§ 62.1-44.15(10) and 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - General › Section 9VAC25-610-42 - Private well registration

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				  certified water well systems provider shall register with the department each
				  private well, as defined in
				  9VAC25-610-10, that
				  is constructed in a groundwater management area after September 22,
				  2016.
B. The registration shall be
				  made within 30 calendar days of the completion of well construction.
C. Such registration shall be submitted to
				  the department on a form, paper or electronic, provided by the department for
				  registration purposes.
D. The
				  following information, at a minimum, shall be required for each registration:
1. Contact information, including:
a. The well owner's name and mailing address;
				  and
b. The certified water well
				  system provider's name and mailing address.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - General › Section 9VAC25-610-44 - Technical evaluation of withdrawals for subdivisions with 30 or more lots served by private wells

Current through Register Vol. 40, No. 24, July 15, 2024
A. On
				  or after July 1, 2018, the developer of a subdivision, as defined in §
										15.2-2201 of the Code
				  of Virginia, located in a groundwater management area, shall apply for a
				  technical evaluation from the department prior to final subdivision plat
				  approval if there will be 30 or more lots within the subdivision served by
				  private wells, as defined in §
										32.1-176.3 of the
				  Code of Virginia. This requirement shall not apply to the developer of a
				  subdivision who constructs all of the private wells within the subdivision in
				  the surficial aquifer.
B. The
				  application for a technical evaluation shall be on a form established by the
				  department and shall include a geophysical log from a geophysical borehole
				  located within the subdivision. Such borehole may subsequently be utilized as a
				  groundwater supply for a dwelling unit or for other appropriate purpose within
				  the subdivision.
C. Within 60 days
				  of receiving a complete application for a technical evaluation, the department
				  shall perform a technical evaluation and provide to the developer a
				  recommendation sufficient to serve the water needs of each dwelling unit in the
				  subdivision that specifies the aquifers that will minimize unmitigated impacts
				  to groundwater resources and any offsite impacts to existing groundwater
				  users.
D. The recommendation to the
				  developer shall be nonbinding; however, any such developer who constructs one
				  or more private wells in the subdivision in an aquifer inconsistent with the
				  department's recommendation shall prepare and submit a mitigation plan to the
				  department, consistent with requirements for mitigation plans established by
				  the board, and record a mitigation plan approved by the department with the
				  subdivision plat prior to constructing any private wells within the
				  subdivision.
E. The department
				  shall charge the developer a fee not to exceed $5,000 to recover the cost of
				  performing the technical evaluation. The fee shall be paid prior to the
				  department providing the developer with the recommendation of the technical
				  evaluation.
Statutory Authority: §
												62.1-256 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - General › Section 9VAC25-610-50 - Exclusions

Current through Register Vol. 40, No. 24, July 15, 2024
The following do not require a groundwater withdrawal
					 permit:
1. Withdrawals of less than
				  300,000 gallons per month;
2.
				  Withdrawals associated with temporary construction dewatering that do not
				  exceed 24 months in duration;
3.
				  Withdrawals associated with a state-approved groundwater remediation that do
				  not exceed 60 months in duration;
4. Withdrawals for use by a groundwater
				  source heat pump where the discharge is reinjected into the aquifer from which
				  it was withdrawn;
5. Withdrawals
				  from ponds recharged by groundwater without mechanical assistance;
6. Withdrawals for the purpose of conducting
				  geophysical investigations, including pump tests;
7. Withdrawals coincident with exploration
				  for and extraction of coal or activities associated with coal mining regulated
				  by the Department of Energy;
8.
				  Withdrawals coincident with the exploration for or production of oil, gas or
				  other minerals other than coal, unless such withdrawal adversely impacts
				  aquifer quantity or quality or other groundwater users within a groundwater
				  management area;
9. Withdrawals in
				  any area not declared to be a groundwater management area;
10. Withdrawal of groundwater authorized
				  pursuant to a special exception issued by the department; and
11. Withdrawal of groundwater discharged from
				  free flowing springs where the natural flow of the spring has not been
				  increased by any method.
Statutory Authority: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - General › Section 9VAC25-610-60 - Effect of a permit

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Compliance with a ground water withdrawal permit constitutes compliance with
				  the permit requirements of the Groundwater Management Act of 1992.
B. The issuance of a permit does not convey
				  any property rights in either real or personal property, or any exclusive
				  privileges, nor does it authorize 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(10) and 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Declaration of Ground Water Management Areas › Section 9VAC25-610-70 - Criteria for consideration of a ground water management area

Current through Register Vol. 40, No. 24, July 15, 2024
The board upon its own motion, or in its discretion, upon
					 receipt of a petition by any county, city or town within the area in question,
					 may initiate a ground water management area proceeding, whenever in its
					 judgment there is reason to believe that any one of the four following
					 conditions exist:
1. Ground water
				  levels in the area are declining or are expected to decline
				  excessively;
2. The wells of two or
				  more ground water users within the area are interfering or may be reasonably
				  expected to interfere substantially with one another;
3. The available ground water supply has been
				  or may be overdrawn; or
4. The
				  ground water in the area has been or may become polluted.
Statutory Authority
§§ 62.1-44.15(10) and 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - Declaration of Ground Water Management Areas › Section 9VAC25-610-80 - Declaration of groundwater management areas

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the board
				  finds that any of the conditions listed in
				  9VAC25-610-70
				  exist, and further determines that the public welfare, safety and health
				  require that regulatory efforts be initiated, the board shall declare the area
				  in question a groundwater management area, by regulation.
B. Such regulations shall be promulgated in
				  accordance with the agency's Public Participation Guidelines (9VAC25-11) and
				  the Administrative Process Act (§ 2.2-4000 et seq. of the Code of
				  Virginia).
C. The regulation shall
				  define the boundaries of the groundwater management area and identify the
				  aquifers to be included in the groundwater management area. Any number of
				  aquifers that either wholly or partially overlie one another may be included
				  within the same groundwater management area.
D. After adoption the department shall mail
				  by postal or electronic delivery a copy of the regulation to the mayor or
				  chairman of the governing body of each county, city or town within which any
				  part of the groundwater management area lies.
Statutory Authority: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Permit Application and Issuance › Section 9VAC25-610-85 - Preapplication meeting

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant
				  and owner or operator intending to apply for a new or expanded application for
				  a groundwater withdrawal or reapply for a current permitted withdrawal shall
				  schedule a meeting with the department prior to submitting their permit
				  application. The purpose of the meeting is to have a mutual exchange of
				  information on the proposed application and applicable regulatory requirements.
				  If the preapplication meeting is being held for a public water supply system,
				  the Virginia Department of Health may participate in the preapplication meeting
				  by providing information and guidance to assist the applicant with meeting
				  Virginia Department of Health regulatory requirements.
B. For applicants reapplying for a current
				  permitted withdrawal, during the preapplication meeting, the department shall
				  discuss information provided in previous permit applications and regular
				  submittals that may or may not be resubmitted as part of the permit
				  application.
Statutory Authority §
												62.1-256 of the
						Code of Virginia
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Permit Application and Issuance › Section 9VAC25-610-95 - General permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board may
				  issue a general permit by regulation for withdrawals of groundwater within a
				  groundwater management area as it deems appropriate in accordance with the
				  following:
1. A general permit may be written
				  to cover the following:
a. Withdrawals of a
				  certain size;
b. Withdrawals from a
				  specific aquifer or confining unit; or
c. Other categories of withdrawals deemed
				  appropriate by the board.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Permit Application and Issuance › Section 9VAC25-610-96 - Duty to reapply for a permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any permittee
				  with an effective permit shall submit a new permit application at least 270
				  days before the expiration date of an effective permit unless permission for a
				  later date has been granted by the department. If a complete application for a
				  new permit has been filed in a timely manner, and the department is unable,
				  through no fault of the permittee, to issue a new permit before the expiration
				  date of the previous permit, the permit may be administratively
				  continued.
B. Permittees who have
				  effective permits shall submit a new application 270 days prior to any proposed
				  modification to their activity or withdrawal system that will:
1. Result in an increase of withdrawals above
				  permitted limits; or
2. Violate or
				  lead to the violation of the terms and conditions of the permit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Permit Application and Issuance › Section 9VAC25-610-98 - Incomplete or inaccurate applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. Where the
				  department finds an application to be incomplete under the requirements of
				  9VAC25-610-90,
				  9VAC25-610-92,
				  or
				  9VAC25-610-94,
				  the department shall require the submission of additional information after an
				  application has been filed, and may suspend processing of the application until
				  such time as the applicant has supplied the missing or deficient information
				  and the department finds the application complete. An incomplete permit
				  application for a new or expanded withdrawal may be suspended from processing
				  180 days from the date that the applicant received notification that the
				  application is deficient. Once an application has been suspended from
				  processing, the applicant must submit a new complete application; however, no
				  additional permit fee will be assessed. Further, where the applicant becomes
				  aware that one or more relevant facts from a permit application were omitted,
				  or that incorrect information was submitted in a permit application or in any
				  report to the department, the applicant shall immediately submit such facts or
				  the correct information.
B. When an
				  application does not accurately describe an existing or proposed groundwater
				  withdrawal, the department may require the applicant to revise the existing
				  application or submit a new application before the application will be
				  processed.
Statutory Authority: § 62.1-256 of the Code of
						Virginia.