reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Permit Modification, Revocation and Reissuance, and Termination › Section 9VAC25-32-200 - Modification, revocation and reissuance, and termination

Current through Register Vol. 40, No. 24, July 15, 2024
A. VPA permits
				  shall be modified, revoked and reissued, or terminated only as authorized by
				  this section.
B. A VPA permit may
				  be modified in whole or in part, revoked and reissued, or terminated.
C. VPA permit modifications shall not be used
				  to extend the term of a VPA permit.
D. Modification, revocation and reissuance,
				  or termination of VPA permit may be initiated by the department, interested
				  persons, or permittee under applicable provisions of this chapter.
E. An updated VPA permit application may be
				  required in order to modify or revoke and reissue a VPA permit.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Permit Modification, Revocation and Reissuance, and Termination › Section 9VAC25-32-210 - Causes for termination

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
				  are causes for terminating a VPA permit during its term, or for denying a VPA
				  permit renewal application, after public notice and opportunity for a public
				  hearing:
1. The permittee has violated any
				  regulation of the board or order of the department, any condition of a VPA
				  permit, any provision of the law, or any order of a court, where such violation
				  results in a release of harmful substances into the environment or poses a
				  substantial threat of release of harmful substances into the environment or
				  presents a hazard to human health or the violation is representative of a
				  pattern of serious or repeated violations which, in the opinion of the
				  department, demonstrates the permittee's disregard for or inability to comply
				  with applicable laws, regulations or requirements;
2. The permittee's failure to disclose fully
				  all relevant material facts, or the permittee's misrepresentation of any
				  relevant material facts in applying for a VPA permit, or in any other report or
				  document required under the law or this chapter;
3. A determination that the permitted
				  activity endangers human health or the environment and can only be regulated to
				  acceptable levels by VPA permit modification or termination; or
4. There exists a material change in the
				  basis on which the VPA permit was issued that requires either a temporary or a
				  permanent reduction or elimination of any pollutant management activity
				  controlled by the VPA permit necessary to protect human health or the
				  environment.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Permit Modification, Revocation and Reissuance, and Termination › Section 9VAC25-32-220 - Causes for modification

Current through Register Vol. 40, No. 24, July 15, 2024
A VPA permit may be modified, but not revoked and reissued,
					 except when the permittee agrees or requests, when any of the following
					 developments occur:
1. When additions
				  or alterations have been made to the affected facility which require the
				  application of VPA permit conditions that differ from those of the existing VPA
				  permit or are absent from it;
2.
				  When new information becomes available about the operation or pollutant
				  management activity covered by the VPA permit which was not available at VPA
				  permit issuance and would have justified the application of different VPA
				  permit conditions at the time of VPA permit issuance;
3. When a change is made in the promulgated
				  standards or regulations on which the VPA permit was based;
4. When it becomes necessary to change final
				  dates in compliance schedules due to circumstances over which the permittee has
				  little or no control such as acts of God, materials shortages, etc.;
				  or
5. For the addition of new land
				  application sites, new biosolids sources or routine storage facilities to the
				  permit.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Permit Modification, Revocation and Reissuance, and Termination › Section 9VAC25-32-230 - Transfer of VPA permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Transfer by
				  modification. Except as provided for under automatic transfer in subsection B
				  of this section, a VPA permit shall be transferred only if the VPA permit has
				  been modified to reflect the transfer or has been revoked and reissued to the
				  new owner.
B. Automatic transfer.
				  Any VPA permit shall be automatically transferred to a new owner if:
1. The current owner notifies the department
				  30 days in advance of the proposed transfer of the title to the facility or
				  property;
2. The notice to the
				  department includes a written agreement between the existing and proposed new
				  owner containing a specific date of transfer of VPA permit responsibility,
				  coverage and liability between them; and
3. The department does not within the 30-day
				  time period notify the existing owner and the proposed owner of its intent to
				  modify or revoke and reissue the VPA permit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Permit Modification, Revocation and Reissuance, and Termination › Section 9VAC25-32-240 - Minor modification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon request
				  of the permittee, or upon department initiative with the consent of the
				  permittee, minor modifications may be made in the VPA permit without following
				  the public involvement procedures.
B. Minor modification may only:
1. Correct typographical errors;
2. Require reporting by the permittee at a
				  frequency other than that required in the VPA permit;
3. Change an interim compliance date in a
				  schedule of compliance to no more than 120 days from the original compliance
				  date and provided it will not interfere with the final compliance
				  date;
4. Allow for a change in
				  name, ownership or operational control when the department determines that no
				  other change in the VPA permit is necessary, provided that a written agreement
				  containing a specific date for transfer of VPA permit responsibility, coverage
				  and liability from the current to the new permittee has been submitted to the
				  department;
5. Delete the listing
				  of a land application site when the pollutant management activity is terminated
				  and does not result in an increase of pollutants which would exceed VPA permit
				  limitations;
6. Reduce VPA permit
				  limitations to reflect a reduction in the permitted activity when such
				  reduction results from a shutdown of processes or pollutant generating
				  activities or from connection of the permitted activity to a POTW;
7. Change plans and specifications where no
				  other changes in the VPA permit are required;
8. Authorize treatment facility expansions,
				  production increases or process modifications which will not cause a
				  significant change in the quantity of pollutants being managed or a significant
				  change in the nature of the pollutant management activity; or
9. Delete VPA permit limitation or monitoring
				  requirements for specific pollutants when the activities generating these
				  pollutants are terminated.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Permit Modification, Revocation and Reissuance, and Termination › Section 9VAC25-32-250 - Animal feeding operations

Current through Register Vol. 40, No. 24, July 15, 2024
A. All animal
				  feeding operations shall maintain no point source discharge of pollutants to
				  surface waters except in the case of a storm event greater than the 25-year,
				  24-hour storm. Animal feeding operations having 300 or more animal units
				  utilizing a liquid manure collection and storage system or having 200 or more
				  animal units of poultry are pollutant management activities subject to the VPA
				  permit program. Two or more animal feeding operations under common ownership
				  are a single animal feeding operation for the purpose of determining the number
				  of animals at an operation if they adjoin each other or if they use a common
				  area or system for the disposal of wastes.
B. Case-by-case determination.
1. The department may determine that any
				  animal feeding operation that does not otherwise qualify for coverage under the
				  VPA general permit and has not been required to obtain a VPDES permit be
				  required to obtain an individual VPA permit upon determining that it is a
				  potential or actual contributor of pollution to state waters. In making this
				  determination the following factors shall be considered:
a. The size of the operation;
b. The location of the operation relative to
				  state waters;
c. The means of
				  conveyance of animal wastes and process waters into state waters;
d. The slope, vegetation, rainfall, and other
				  factors affecting the likelihood or frequency of discharge of animal wastes and
				  process waste waters into state waters;
e. The compliance history and the ability to
				  make corrections in order to comply with the VPA general permit
				  conditions;
f. The means of
				  storage, treatment, or disposal of animal wastes; and
g. Other relevant factors.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Permit Modification, Revocation and Reissuance, and Termination › Section 9VAC25-32-255 - Requirements for end-users of animal waste and poultry waste

Current through Register Vol. 40, No. 24, July 15, 2024
A. Technical
				  requirements for end-users of animal waste or poultry waste will be established
				  in general permit regulations or individual permits. Technical requirements for
				  end-users of animal waste or poultry waste shall address but not be limited to
				  the following;
1. Proper waste
				  storage;
2. Appropriate land
				  application practices; and
3.
				  Recordkeeping.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Permit Modification, Revocation and Reissuance, and Termination › Section 9VAC25-32-260 - General VPA permits

Current through Register Vol. 40, No. 24, July 15, 2024
The board may issue a general VPA permit in accordance with
					 the following:
1. Sources. A general
				  VPA permit may be written to regulate a category of pollutant management
				  activities that:
a. Involve the same or
				  similar types of operations;
b.
				  Manage the same or similar types of wastes;
c. Require the same VPA permit limitations or
				  operating conditions;
d. Require
				  the same or similar monitoring; and
e. In the opinion of the board, are more
				  appropriately controlled under a general VPA permit than under individual VPA
				  permits.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Permit Modification, Revocation and Reissuance, and Termination › Section 9VAC25-32-270 - Control of disposal of pollutants into wells

Current through Register Vol. 40, No. 24, July 15, 2024
A. No right to
				  dispose of pollutants into wells shall exist under this regulation, except as
				  authorized pursuant to a VPA permit issued by the department or VPA general
				  permit issued as a regulation adopted by the board.
B. Whenever an applicant for a VPA permit
				  proposes to dispose of pollutants into a well or wells, the proposed disposal
				  shall be prohibited, or specific terms and conditions shall be included in the
				  VPA permit which shall control the proposed disposal in order to prevent the
				  pollution of and protect all beneficial uses of state waters, protect the
				  public health and welfare, and require compliance with all applicable water
				  quality standards.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VII - Enforcement › Section 9VAC25-32-280 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department may enforce the provisions of this regulation by:
1. Issuing directives in accordance with the
				  law;
2. Issuing special orders in
				  accordance with the law;
3. Issuing
				  emergency special orders in accordance with the law;
4. Seeking injunction, mandamus or other
				  appropriate remedy as authorized by the law;
5. Seeking civil penalties under the
				  law;
6. Seeking remedies under the
				  law or under other laws including the common law.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VII - Enforcement › Section 9VAC25-32-285 - Local enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. In the
				  event of a dispute concerning the existence of a violation between a permittee
				  and a locality that has adopted a local ordinance for testing and monitoring of
				  the land application of biosolids or industrial residuals, the activity alleged
				  to be in violation shall be halted pending a determination by the
				  director.
B. Upon determination by
				  the director that there has been a violation of § 62.1-44.16,
				  62.1-44.19:3, 62.1-44.19:3.1, or 62.1-44.19:3.3 of the Code of Virginia; of any
				  regulation promulgated under those sections; or of any permit or certificate
				  issued for land application of industrial residuals, and that such violation
				  poses an imminent threat to public health, safety, or welfare, the department
				  shall commence appropriate action to abate the violation and immediately notify
				  the chief administrative officer of any locality potentially affected by the
				  violation.
C. Local governments
				  shall promptly notify the department of all results from the testing and
				  monitoring of the land application of biosolids or industrial residuals
				  performed by persons employed by local governments and any violation of §
				  62.1-44.16, 62.1-44.19:3, 62.1-44.19:3.1, or 62.1-44.19:3.3 of the Code of
				  Virginia or any permit or certificate issued for land application of industrial
				  residuals discovered by local governments.
D. Local governments receiving complaints
				  concerning land application of biosolids or industrial residuals shall notify
				  the department and the permit holder within 24 hours of receiving the
				  complaint.
Statutory Authority: § 62.1-44.15:6 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VIII - Delegation of Authority; Transition › Section 9VAC25-32-290

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VIII - Delegation of Authority; Transition › Section 9VAC25-32-300 - Transition

Current through Register Vol. 40, No. 24, July 15, 2024
A. Permits issued
				  prior to January 1, 2008, by the Department of Health under the authority of
				  the State Board of Health shall continue in force until expired or terminated
				  in accordance with the permit or this regulation.
B. All owners holding active biosolids use
				  permits as of January 1, 2008, shall submit an application for a Virginia
				  Pollution Abatement Permit in accordance with this regulation at least 180 days
				  before the expiration date of permits issued prior to January 1, 2008, or by
				  June 30, 2012, whichever comes first.
C. All owners of biosolids use facilities
				  shall comply with the applicable requirements set forth in the operational
				  regulations of Part IX (9VAC25-32-303 et seq.)
				  of this chapter.
D. Notwithstanding
				  the foregoing, all VDH-BUR permits shall terminate no later than December 31,
				  2012, or 12 months after the effective date, whichever is later, if an
				  administratively complete VPA application for the activity authorized by the
				  VDH-BUR permit has not been submitted to the department.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 1 - Procedures and Requirements › Section 9VAC25-32-303 - Purpose and applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 This part establishes standards, which consist of general requirements,
					 pollutant limits, management practices, and operational standards, for the
					 final use of biosolids or disposal of sewage sludge generated during the
					 treatment of domestic sewage in a treatment works. Standards are included in
					 this part for biosolids applied to the land. Also included in this part are
					 pathogen and alternative vector attraction reduction requirements for biosolids
					 applied to the land.
B. The
					 standards in this part also include the frequency of monitoring and
					 recordkeeping requirements when biosolids is applied to the land.
C. Applicability.
1. This part applies to any person who
					 prepares biosolids or applies biosolids to the land.
2. This part applies to biosolids applied to
					 the land.
3. This part applies to
					 land where biosolids is applied.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 1 - Procedures and Requirements › Section 9VAC25-32-305 - Permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. No owner
					 shall cause or allow any land application, marketing, or distribution of
					 biosolids except in compliance with a permit issued by the department that
					 authorizes these activities.
B. A
					 separate biosolids use permit shall be issued for each political jurisdiction
					 (county or city) where land application is proposed.
C. No person shall land apply Class B
					 biosolids on any land in Virginia unless that land has been identified in an
					 application to issue, reissue or modify a permit and approved by the
					 department.
D. No person shall land
					 apply, market, or distribute biosolids in Virginia unless the biosolids source
					 has been approved by the department.
Statutory Authority: § 62.1-44.15 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 1 - Procedures and Requirements › Section 9VAC25-32-307 - Relationship to other regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Disposal of sewage sludge in a municipal solid waste landfill unit that
					 complies with the requirements in the Virginia Solid Waste Management
					 Regulation (9VAC20-81) constitutes compliance with § 405 (d) of the
					 federal Clean Water Act.
B. Any
					 person who prepares sewage sludge that is disposed in a municipal solid waste
					 landfill unit shall ensure that the sewage sludge meets the requirements in
					 9VAC20-81 concerning the quality of materials disposed in a municipal solid
					 waste landfill.
Statutory Authority
§ 62.1-44.15 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 1 - Procedures and Requirements › Section 9VAC25-32-310

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 1 - Procedures and Requirements › Section 9VAC25-32-315 - Additional and more stringent requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. On a
					 case-by-case basis, the department may impose requirements for the use of
					 biosolids or the disposal of sewage sludge in addition to or more stringent
					 than the requirements in this part when necessary to protect human health and
					 the environment from any adverse effect of a pollutant in the biosolids or
					 sewage sludge.
B. Nothing in this
					 part precludes the authority of another state agency, political subdivision of
					 Virginia, or an interstate agency with respect to the use of biosolids or
					 disposal of sewage sludge.
C. For
					 biosolids land application where, because of site specific conditions,
					 including soil type, identified during the permit application review process,
					 the department determines that special requirements are necessary to protect
					 the environment or the health, safety, or welfare of persons residing in the
					 vicinity of a proposed land application site, the department may incorporate in
					 the permit at the time it is issued reasonable special conditions regarding
					 setback distances, transportation routes, slope, material source, methods of
					 handling and application, and time of day restrictions exceeding those required
					 by this regulation. The permit applicant shall have at least 14 days in which
					 to review and respond to the proposed conditions.
Statutory Authority: § 62.1-44.15 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 1 - Procedures and Requirements › Section 9VAC25-32-317 - Exclusions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Treatment
					 processes. This part does not establish requirements for processes to treat
					 domestic sewage or for processes used to treat sewage sludge prior to final use
					 or disposal, except as provided in
					 9VAC25-32-675 and
					 9VAC25-32-685.
B. Selection of a use or a disposal practice.
					 This part does not dictate the selection of a specific biosolids use or sewage
					 sludge disposal practice by the owner of the wastewater treatment
					 works.
C. Incineration of sewage
					 sludge. This part does not establish requirements for sewage sludge fired in a
					 sewage sludge incinerator or co-fired in an incinerator with other wastes or
					 for the incinerator in which sewage sludge or other waste are
					 co-fired.
D. Hazardous sewage
					 sludge. This part does not establish requirements for the use or disposal of
					 sewage sludge determined to be hazardous in accordance with 40 CFR Part 261 as
					 adopted by reference in
					 9VAC20-60-261
					 or the Code of Virginia.
E. Sewage
					 sludge with high PCB concentration. This part does not establish requirements
					 for the use or disposal of sewage sludge with a concentration of
					 polychlorinated biphenyls (PCBs) equal to or greater than 50 milligrams per
					 kilogram of total solids (dry weight basis).
F. Incinerator ash. This part does not
					 establish requirements for the use or disposal of ash generated during the
					 firing of sewage sludge in a sewage sludge incinerator.
G. Grit and screenings. This part does not
					 establish requirements for the use or disposal of grit (e.g., sand, gravel,
					 cinders, or other materials with a high specific gravity) or screenings (e.g.,
					 relatively large materials such as rags) generated during preliminary treatment
					 of domestic sewage in a treatment works.
Statutory Authority: §
													62.1-44.15
						  of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122,
						  123, 124, 403, and 503.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 1 - Procedures and Requirements › Section 9VAC25-32-320

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 62.1-44.15:6 of the Code
						  of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 1 - Procedures and Requirements › Section 9VAC25-32-330 - Variances

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department may grant a variance to a procedural, design, or operational
					 regulation by following the appropriate procedures set forth in this
					 section.
B. Requirements for a
					 variance. The department may grant a variance if it finds that the hardship
					 imposed outweighs the benefits that may be received by the public and that the
					 granting of such variance does not subject the public to unreasonable health
					 risks or environmental pollution.
C. Application for a variance. Any owner may
					 apply in writing for a variance. The application shall be submitted to the
					 appropriate regional office for evaluation. The application shall include:
1. A citation of the regulation from which a
					 variance is requested.
2. The
					 nature and duration of variance requested.
3. A statement of the hardship to the owner
					 and the anticipated impacts to the public health and welfare if a variance were
					 granted.
4. Suggested conditions
					 that might be imposed on the granting of a variance that would limit its
					 detrimental impact on public health and welfare.
5. Other information, if any, believed to be
					 pertinent by the applicant.
6. Such
					 other information as may be required to make the determination in accordance
					 with subsection B of this section.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 1 - Procedures and Requirements › Section 9VAC25-32-340

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 1 - Procedures and Requirements › Section 9VAC25-32-350 - Procedures for obtaining a certificate to construct and certificate to operate

Current through Register Vol. 40, No. 24, July 15, 2024
No owner shall cause or allow the construction,
						expansion, modification, or operation of facilities necessary for biosolids
						treatment or storage except in compliance with a certificate to construct (CTC)
						and a certificate to operate (CTO) issued by the department in accordance with
						the Sewage Collection and Treatment Regulations (9VAC25-790).
Statutory Authority: § 62.1-44.15 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 1 - Procedures and Requirements › Section 9VAC25-32-355

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 2 - Operational and Monitoring Requirements › Section 9VAC25-32-356 - Pollutant monitoring and limits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Bulk biosolids or biosolids sold or given
					 away in a bag or other container shall be monitored for the parameters
					 identified in Table 1 of this section:
TABLE 1 PARAMETERS for BIOSOLIDS
								ANALYSIS(1)
Pollutant
Percent solids (%)
Volatile solids (%)
pH (standard units)
Total Kjeldahl nitrogen (%)
Ammonia nitrogen (%)
Nitrates (mg/kg)
Total phosphorus (%)
Total potassium (%)
Alkalinity as CaCO3
								(mg/kg)(2)
Arsenic (mg/kg)
Cadmium (mg/kg)
Copper (mg/kg)
Lead (mg/kg)
Mercury (mg/kg)
Molybdenum (mg/kg)
Nickel (mg/kg)
Selenium (mg/kg)
Zinc (mg/kg)
(1)Values reported on a dry
								weight basis unless indicated. 
								(2)Lime treated biosolids
								(10% or more lime by weight) shall be analyzed for percent
								CaCO3.
B. Biosolids pollutant limits.
1. Bulk biosolids or biosolids sold or given
					 away in a bag or other container shall not be applied to the land if the
					 concentration of any pollutant in the biosolids exceeds the ceiling
					 concentration for the pollutant in Table 2 of this section.
2. If bulk biosolids is applied to
					 agricultural land, forest, a public contact site, or a reclamation site,
					 either:
a. The cumulative loading rate for
					 each pollutant shall not exceed the cumulative pollutant loading rate for the
					 pollutant in Table 3 of this section; or
b. The concentration of each pollutant in the
					 biosolids shall not exceed the concentration for the pollutant in Table 4 of
					 this section.
3. If bulk
					 biosolids is applied to a lawn or a home garden, the concentration of each
					 pollutant in the biosolids shall not exceed the concentration for the pollutant
					 in Table 4 of this section.
4. If
					 biosolids is sold or given away in a bag or other container for application to
					 the land, either:
a. The concentration of
					 each pollutant in the biosolids shall not exceed the concentration for the
					 pollutant in Table 4 of this section; or
b. The product of the concentration of each
					 pollutant in the biosolids and the annual whole sludge application rate for the
					 biosolids shall not cause the annual pollutant loading rate for the pollutant
					 in Table 5 of this section to be exceeded. The procedure used to determine the
					 annual whole sludge application rate is presented in subsection D of this
					 section.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 2 - Operational and Monitoring Requirements › Section 9VAC25-32-357 - Operational standards, pathogens, and vector attraction reduction

Current through Register Vol. 40, No. 24, July 15, 2024
A. Biosolids shall
					 be monitored to verify that the selected pathogen reduction treatment
					 classification and vector attraction reduction method requirements have been
					 met.
B. Pathogens - biosolids.
1. The Class A pathogen requirements in
					 9VAC25-32-675 A or the Class B
					 pathogen requirements and site restrictions in
					 9VAC25-32-675 B shall be met when
					 bulk biosolids is applied to agricultural land, forest, a public contact site,
					 or a reclamation site.
2. The Class
					 A pathogen requirements in
					 9VAC25-32-675 A shall be met when
					 bulk biosolids is applied to a lawn or a home garden.
3. The Class A pathogen requirements in
					 9VAC25-32-675 A shall be met when
					 biosolids is sold or given away in a bag or other container for application to
					 the land.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 2 - Operational and Monitoring Requirements › Section 9VAC25-32-358 - Frequency of monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A. Biosolids.
1. The frequency of monitoring for the
					 pollutants listed in Tables 1 through 5 of
					 9VAC25-32-356;
					 the pathogen density requirements in
					 9VAC25-32-675 A and B 2
					 through B 4; and the vector attraction reduction requirements in
					 9VAC25-32-685
					 B 1 through B 4, B 7, and B 8 shall be the frequency in Table 1 of this
					 section.
TABLE 1
FREQUENCY OF MONITORING - LAND
									 APPLICATION
Amount of
									 biosolids(1)
(metric tons per 365-day period)
Frequency(2)
Greater than zero but less than 290
Once per year
Equal to or greater than 290 but less than
									 1,500
Once per quarter (four times per year)
Equal to or greater than 1,500 but less than
									 15,000
Once per 60 days (six times per year)
Equal to or greater than 15,000
Once per month (12 times per year
Note(1): Either the
									 amount of bulk biosolids applied to the land or the amount of biosolids
									 received by a person who prepares biosolids that is sold or given away in a bag
									 or other container for application to the land (dry weight basis).
Note(2): Sampling
									 shall be conducted at approximately equal intervals at the listed frequencies.
									 Biosolids programs that store biosolids and land apply only during discrete
									 events throughout the year shall schedule sampling events to coincide with
									 application periods. The department may require increased monitoring
									 frequencies, if necessary, to adequately define any significant variability in
									 biosolids quality.
2. After the biosolids has been monitored for
					 two years at the frequency in Table 1 of this section, the department may
					 reduce the frequency of monitoring for pollutant concentrations and for the
					 pathogen density requirements in
					 9VAC25-32-675 A 5 b and
					 c.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 2 - Operational and Monitoring Requirements › Section 9VAC25-32-359 - Recordkeeping

Current through Register Vol. 40, No. 24, July 15, 2024
A. Biosolids.
1. If the pollutant concentrations in Table 4
					 of 9VAC25-32-356, the Class A pathogen
					 requirements in
					 9VAC25-32-675 A, and the vector
					 attraction reduction requirements in either
					 9VAC25-32-685 B 9 or B 10 are met
					 when bulk biosolids is applied to agricultural land, forest, a public contact
					 site, or a reclamation site:
a. The person who
					 prepares the bulk biosolids shall develop the following information and shall
					 retain the information for five years:
(1) The
					 concentration of each pollutant listed in Table 4 of
					 9VAC25-32-356 in the bulk
					 biosolids;
(2) The following
					 certification statement:
"I certify, under penalty of law, that the information
						that will be used to determine compliance with the pathogen requirements in
						9VAC25-32-675 A was prepared under
						my direction and supervision in accordance with the system designed to ensure
						that qualified personnel properly gather and evaluate this information. I am
						aware that there are significant penalties for false certification including
						the possibility of fine and imprisonment."; and
(3) A description of how the pathogen
					 requirements in
					 9VAC25-32-675 A are met.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 2 - Operational and Monitoring Requirements › Section 9VAC25-32-360 - Reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. An activity
					 report shall be submitted (electronically or postmarked) to the department by
					 the 15th day of each month for land application activity that occurred in the
					 previous calendar month, unless another date is specified in the permit in
					 accordance with
					 9VAC25-32-80 I 4. The report shall
					 indicate those sites where land application activities took place during the
					 previous month. If no land application occurs under a permit during the
					 calendar month, a report shall be submitted stating that no land application
					 occurred.
B. A report shall be
					 submitted to the department annually on February 19 of each year for the
					 previous calendar year's activity. The report shall include at a minimum:
1. The information in
					 9VAC25-32-359 A, except the
					 information in
					 9VAC25-32-359 A 1 b, A 2 b and A 3
					 b, for the appropriate requirements; and
2. The information in
					 9VAC25-32-359 A 3 b (1) through (7)
					 when 90% or more of any of the cumulative pollutant loading rates in Table 3 of
					 9VAC25-32-356 is reached at a land
					 application site.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 2 - Operational and Monitoring Requirements › Section 9VAC25-32-370

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 2 - Operational and Monitoring Requirements › Section 9VAC25-32-380

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 2 - Operational and Monitoring Requirements › Section 9VAC25-32-390

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 2 - Operational and Monitoring Requirements › Section 9VAC25-32-400 - Additional monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department may require that additional site specific monitoring be performed by
					 the holder of the permit for any biosolids land application practice regardless
					 of frequency of application or size of the application area. Such requirements
					 may occur in situations in which groundwater contamination, surface runoff,
					 soil toxicity, health hazards or nuisance conditions are identified as an
					 existing problem or potential problem as a result of biosolids use operations.
					 Additional monitoring may include, but is not limited to, groundwater, surface
					 water, crop, and soil monitoring.
B. The department may require the owner or
					 operator of any facility or operation to install, use, and maintain monitoring
					 equipment for internal testing of biosolids quality, to identify and determine
					 the causes of operational problems, and to determine the necessary corrective
					 actions to correct such problems. If this testing is required, test results
					 shall be recorded, compiled, and reported to the department.
C. Additional operational control information
					 may be required on an individual basis by the department.
D. The department may require biosolids to be
					 tested for certain toxic organic compounds prior to agricultural use. If
					 performed and validated, these test results shall be utilized to evaluate the
					 maximum allowable annual loading rate for the tested biosolids. If analytical
					 test results verify that biosolids contains levels of organic chemicals
					 exceeding concentration limits incorporated in federal regulations or
					 standards, appropriate restrictions shall be imposed for agricultural use of
					 those biosolids.
E. Additional
					 parameters may be required for screening purposes such as aluminum (mg/kg),
					 water soluble boron (mg/kg), calcium (mg/kg), manganese (mg/kg), sulfates
					 (mg/kg), and those pollutants for which removal credits are granted.
F. Microbiological testing may be necessary
					 to document the sludge treatment classification (9VAC25-32-675).
					 Microbiological standards shall be verified by the log mean of the analytical
					 results from testing of seven or more samples of the sludge source. Sampling
					 events shall be separated by an appropriate period of time so as to be
					 representative of the random and cyclic variations in sewage
					 characteristics.
Statutory Authority: § 62.1-44.15 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 2 - Operational and Monitoring Requirements › Section 9VAC25-32-410 - Biosolids management plan

Current through Register Vol. 40, No. 24, July 15, 2024
A. The permit
					 holder shall maintain and implement a Biosolids Management Plan that shall
					 consist of three components:
1. The
					 materials, including site booklets, developed and submitted at the time of
					 permit application or permit modification adding a farm to the permit in
					 accordance with
					 9VAC25-32-60
					 F;
2. Nutrient management plan
					 developed for each site, prior to biosolids application; and
3. Operations and maintenance (O&M)
					 manual, developed and submitted to the department within 90 days of the
					 effective date of the permit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 2 - Operational and Monitoring Requirements › Section 9VAC25-32-420 - Operability

Current through Register Vol. 40, No. 24, July 15, 2024
A. Independently
					 operated essential equipment, or components, of biosolids use facilities and
					 operations, including treatment works, shall be provided with sufficient
					 capacity and routine maintenance resources so that the average quantity of
					 biosolids used may be reliably transported, stored, treated or otherwise
					 managed in accordance with permit requirements.
B. The need for spare parts shall be
					 determined from operational experience and evaluation of past maintenance
					 requirements. A spare parts inventory may be included in the operation and
					 maintenance manual.
C. Sufficient
					 spare parts determined as necessary to ensure continuous operability of
					 essential unit operations and equipment shall be either located at the
					 treatment works or at readily accessible locations. The minimum quantities of
					 spare parts actually provided shall be in accordance with the operation and
					 maintenance manual.
Statutory Authority
§ 62.1-44.15 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 2 - Operational and Monitoring Requirements › Section 9VAC25-32-430 - Maintenance

Current through Register Vol. 40, No. 24, July 15, 2024
A regular or routine program of preventive maintenance
						shall be adhered to. The operations and maintenance manual shall contain a
						system of maintenance requirements to be accomplished. The routine, minimum
						preventive maintenance system shall be in accordance with the operations and
						maintenance manual. Such a system should provide for advanced scheduling of
						preventive maintenance and should be continually assessed in order to reflect
						increased service requirements as equipment ages or flow rates increase.
						Adequate records, files and inventories to assist the operator in his task
						should also be described in the operation and maintenance manual. Information
						systems provided for maintenance should describe the documentation required to
						verify biosolids treatment quality necessary for compliance with permits. Where
						certain components of the treatment process may be damaged by flooding so as to
						cause excessive delays in restoring the treatment process to a normal operating
						level, the means of protecting or removal of such components prior to flooding
						should be described in the operations and maintenance manual.
Statutory Authority
§ 62.1-44.15 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 2 - Operational and Monitoring Requirements › Section 9VAC25-32-440

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 2 - Operational and Monitoring Requirements › Section 9VAC25-32-450 - Sampling, analysis, and preservation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Representative samples of biosolids that
					 is applied to the land or placed on a surface disposal site shall be collected
					 and analyzed.
1. Raw sewage or sludge samples
					 are to be collected prior to the treatment process unit operations.
2. Final treated samples are to be taken at a
					 point following appropriate unit operations in the treatment process. An
					 evaluation of biosolids treatment may require monitoring of fecal coliform
					 levels in treated biosolids.
3.
					 Composite samples shall be collected in accordance with the treatment works
					 operation and maintenance manual.