reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 740 - WATER RECLAMATION AND REUSE REGULATION › Part I - Definitions and General Program Requirements › Section 9VAC25-740-55 - Variances

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department may grant a variance to this chapter for design, construction,
				  operation, or maintenance requirements contained in the chapter by following
				  the appropriate procedures set forth in this section.
B. Any person or entity wishing to initiate a
				  project for the production, distribution, or reuse of reclaimed water that is
				  not excluded from the provisions of this chapter by
				  9VAC25-740-50
				  may apply for a variance to the design, construction, operation, or maintenance
				  requirements of this chapter where requiring the project to comply with such
				  requirements would be contrary to the purpose of State Water Control Law,
				  specifically § 62.1-44.2 of the Code of Virginia. The department may grant
				  a variance if it finds that the hardship imposed, which may be economic,
				  outweighs the benefits of the project and that the granting of such variance
				  would not adversely impact public health or the environment.
C. An application for a variance shall be
				  made in writing and shall include the following:
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
				  applicant and the anticipated impacts to public health and welfare or the
				  environment if a variance were granted;
4. Suggested conditions that might be imposed
				  on the granting of a variance that would limit any anticipated detrimental
				  impacts on public health or the environment;
5. Other information, if any, believed to be
				  pertinent by the applicant; and
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 740 - WATER RECLAMATION AND REUSE REGULATION › Part II - Reclaimed Water Treatment, Standards, Monitoring Requirements and Reuses › Section 9VAC25-740-80 - Reclaimed water monitoring requirements for reuse

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  monitoring requirements for the standards provided under
				  9VAC25-740-70
				  A, are as follows:
1. Turbidity analysis:
a. Analysis shall be performed by a
				  continuous, on-line turbidity meter equipped with an automated data logging or
				  recording device and an alarm to notify the operator when the CAT for turbidity
				  in the standard for Level 1 has been reached. Compliance with the average
				  turbidity standard shall be determined daily, based on the arithmetic mean of
				  hourly or more frequent discrete measurements recorded during a 24-hour period.
				  Monitoring for the turbidity CAT shall be continuous.
b. Should the on-line turbidity meter go out
				  of service for either planned or unplanned repair, the permittee shall be
				  allowed to manually collect samples for turbidity analysis at four-hour
				  intervals up to a maximum of five days. Following the five-day period of
				  repair, continuous, on-line monitoring with a turbidity meter shall
				  resume.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 740 - WATER RECLAMATION AND REUSE REGULATION › Part III - Application and Technical Requirements › Section 9VAC25-740-110 - Design criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A. Reclamation
				  system.
1. The design of systems for the
				  reclamation of municipal wastewater or source water derived from a municipal
				  wastewater treatment works shall adhere to the standards of design and
				  construction specified in the Sewage Collection and Treatment Regulations
				  (9VAC25-790) and other applicable engineering standards and regulations. Design
				  standards for reclamation systems of industrial wastewater or source water
				  derived from an industrial wastewater treatment works shall be determined and
				  evaluated on a case-by-case basis.
2. Ultraviolet (UV) disinfection for
				  reclamation systems:
a. For Level 1 reclaimed
				  water:
(1) Designs for UV disinfection shall
				  be validated in accordance with NWRI Ultraviolet Disinfection Guidelines for
				  Drinking Water and Water Reuse, Second Edition (2003) (guidelines) to meet a UV
				  design dosage greater than or equal to 100,000
				  uWsec/cm2 (MS-2 dose) under peak flow and a minimum
				  UV transmittance of 55% at 254 nm. A lower UV disinfection dosage may be
				  authorized by the department if demonstrated to meet at least one of the
				  bacteria standards for Level 1 specified in
				  9VAC25-740-70
				  A, and where microbial testing is used to validate the efficacy of the UV
				  disinfection dose in accordance with the guidelines. For the lower disinfection
				  dose, the department may develop reclaimed water turbidity standards and
				  minimum UV transmittance requirements that are unique to the UV disinfection
				  process of the reclamation system.
(2) The UV disinfection system shall be
				  designed to supply the minimum dose specified in subdivision 2 a (1) of this
				  subsection at all times. The system may be automated to immediately adjust the
				  UV disinfection dosage in response to changes in the UV system influent
				  reclaimed water flow and quality.
b. UV disinfection for Level 2 reclaimed
				  water shall be designed, constructed, and operated in accordance with the
				  Sewage Collection and Treatment Regulations (9VAC25-790) for UV disinfection of
				  secondary effluent.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 740 - WATER RECLAMATION AND REUSE REGULATION › Part III - Application and Technical Requirements › Section 9VAC25-740-120 - Construction requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Preliminary
				  engineering report and pilot study.
1. A
				  preliminary engineering report shall be submitted for new water reclamation
				  projects and for modification or expansion of existing reclamation systems,
				  SRSs, and reclaimed water distributions systems. At the request of the
				  applicant or permittee, the department may waive the need for a preliminary
				  engineering report or portions of a preliminary engineering report for
				  modification or expansion of an existing reclamation system, SRS, or reclaimed
				  water distributions system based on the scope of the proposed
				  project.
2. A pilot study shall be
				  required where treatment is proposed for a reclamation system of an IPR
				  project.
a. The pilot study shall demonstrate
				  the ability of selected treatment processes to:
(1) Meet, at a minimum, the reclaimed water
				  standards prescribed for the IPR project in accordance with
				  9VAC25-740-90
				  C, and
(2) Generate a consistent
				  and reliable supply of reclaimed water for the IPR project.
b. The pilot study shall quantify
				  and characterize the quality of source water provided for reclamation and
				  reclaimed water generated by the treatment processes of the reclamation system
				  for a period of not less than 365 days unless reduced by the department in
				  accordance with subdivision 2 c of this subsection.
c. At the request of the applicant or
				  permittee, the department may reduce the pilot study duration specified in
				  subdivision 2 b of this subsection or the pilot study scope where the following
				  are met:
(1) The applicant or permittee
				  provides a detailed plan of study for the department's review and approval
				  before initiating the pilot study, and
(2) The detailed plan of study justifies to
				  the satisfaction of the department that a pilot study of shorter duration or
				  reduced scope will be sufficient to achieve the requirements of subdivision 2 a
				  of this subsection. For the purpose of reducing the duration or scope of a
				  pilot study, results of previous pilot studies and operating experiences of
				  similar water reclamation and IPR projects may be used as part of the
				  demonstration required pursuant to subdivision 2 a of this
				  subsection.
d. Results
				  of the pilot study shall be submitted to the department for review.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 740 - WATER RECLAMATION AND REUSE REGULATION › Part III - Application and Technical Requirements › Section 9VAC25-740-130 - Operator requirements and system reliability

Current through Register Vol. 40, No. 24, July 15, 2024
A. Operator
				  requirements. In accordance with the Virginia Board for Waterworks and
				  Wastewater Works Operators and Onsite Sewage System Professionals Regulations
				  (18VAC160-20), each reclamation system shall be assigned a classification based
				  on the treatment processes used to reclaim water and the design capacity of the
				  facility. The classification of both the reclamation system and the operator in
				  responsible charge shall be the same as that specified in the Sewage Collection
				  and Treatment Regulations (9VAC25-790) for sewage treatment works with similar
				  treatment processes and design capacities. The reclamation system shall be
				  manned while in operation and under the supervision of the operator in
				  responsible charge unless the system is equipped with remote monitoring and, as
				  applicable, automated diversion of substandard or reject water in accordance
				  with
				  9VAC25-740-70
				  C 1.
B. Reliability Class I as
				  defined in
				  9VAC25-740-10 is
				  required for Level 1 reclamation systems, satellite reclamation systems, and
				  for pump stations considered part of these systems, unless there is a permitted
				  alternate treatment, discharge or disposal system available with sufficient
				  capacity to handle any reclaimed water flows that do not meet the reclaimed
				  water standards of this chapter or performance criteria established in the
				  operations and maintenance manual.
C. Reliability Class I, as defined in
				  9VAC25-740-10, is
				  required for a reclamation system identified as a component of an IPR project
				  in accordance with
				  9VAC25-740-100
				  D 1, including pump stations that are part of the reclamation system. No
				  exception or variance shall be granted for this requirement.
D. For independent reclamation systems and
				  systems consisting of an industrial wastewater treatment works and reclamation
				  system, the applicability of Reliability Class I requirements as specified in
				  the Sewage Collection and Treatment Regulations (9VAC25-790), shall be
				  determined by the department for each proposed or existing system.
E. The department may approve alternative
				  measures to achieve Reliability Class I specified in the Sewage Collection and
				  Treatment Regulations (9VAC25-790) and this chapter if the applicant or
				  permittee can demonstrate in the engineering report, using accepted and
				  appropriate engineering principles and practices, that the alternative measures
				  will achieve a level of reliability equivalent to Reliability Class
				  I.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 740 - WATER RECLAMATION AND REUSE REGULATION › Part III - Application and Technical Requirements › Section 9VAC25-740-150 - Management of pollutants from significant industrial users

Current through Register Vol. 40, No. 24, July 15, 2024
A. A reclamation
				  system that receives source water from a wastewater treatment works having SIUs
				  shall not be permitted to produce reclaimed water meeting Level 1 standards,
				  unless:
1. The wastewater treatment works
				  providing source water to the reclamation system is a publicly owned treatment
				  works as defined in the VPDES Permit Regulation (9VAC25-31-10), and
				  has a pretreatment program required by and developed in accordance with
				  procedures described in Part VII of the VPDES Permit Regulation (9VAC25-31-730
				  et seq.); or
2. The reclamation
				  system has evaluated source water from the treatment works for pollutants of
				  concern discharged by SIUs to the treatment works, and has confirmed that such
				  pollutants shall not interfere with the ability of the wastewater treatment
				  works to produce source water suitable for the production of reclaimed water
				  meeting Level 1 standards and any other standards required in accordance with
				  9VAC25-740-70
				  D. All such evaluations by the reclamation system shall be submitted to the
				  department for review and approval, and shall be repeated for each new SIU that
				  proposes to discharge to the treatment works prior to commencing such
				  discharge. The reclamation system shall maintain a current inventory of SIUs
				  discharging to the treatment works.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 740 - WATER RECLAMATION AND REUSE REGULATION › Part III - Application and Technical Requirements › Section 9VAC25-740-160 - Access control and advisory signs

Current through Register Vol. 40, No. 24, July 15, 2024
A. There shall
				  be no uncontrolled public access to reclamation systems, SRSs, and system
				  storage facilities. Access to any wastewater treatment works directly
				  associated with a reclamation system or SRS shall be controlled in accordance
				  with the Sewage Collection and Treatment Regulations (9VAC25-790). System
				  storage ponds shall be enclosed with a fence or otherwise designed with
				  appropriate features to discourage the entry of animals and unauthorized
				  persons.
B. Where advisory signs or
				  placards are required as described in subsections C and D of this section or
				  9VAC25-740-110 C
				  5 for above-ground storage facilities, each sign shall state, at a minimum,
				  "CAUTION: RECLAIMED WATER - DO NOT DRINK" and have the equivalent standard
				  international symbol for nonpotable water. The size of the sign and lettering
				  used shall be such that it can be easily read by a person with normal vision at
				  a distance of 50 feet. Alternate signage and wording that assures an equivalent
				  degree of public notification and protection may be accepted by the
				  department.
C. For all reuses of
				  reclaimed water treated to Level 2, fencing around the site boundary is not
				  required but public access shall be restricted. Advisory signs shall be posted
				  around reuse areas or reuse site boundaries, and shall additionally state the
				  nature of the reuse and no trespassing.
D. For all reuses of reclaimed water treated
				  to Level 1, advisory signs or placards shall be posted within and at the
				  boundaries of reuse areas. The advisory signs or placards shall additionally
				  state the nature of the reuse. Examples of some notification methods that may
				  be used by permittees include posting advisory signs at entrances to
				  residential neighborhoods where reclaimed water is used for landscape
				  irrigation and posting advisory signs at the entrance to a golf course and at
				  the first and tenth tees.
E.
				  Advisory signs shall be posted adjacent to impoundments or ponds, including
				  landscape impoundments, used for nonsystem storage of reclaimed
				  water.
F. For industrial reuses,
				  advisory signs shall be posted around those areas of the industrial site where
				  reclaimed water is used and at the main entrances to the industrial site to
				  notify employees and the visiting public of the reclaimed water reuse. Access
				  control beyond what is normally provided by the industry is not
				  required.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 740 - WATER RECLAMATION AND REUSE REGULATION › Part III - Application and Technical Requirements › Section 9VAC25-740-170 - Use area requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Education and
				  notification program. An education and notification program (program) shall be
				  developed and submitted with the RWM plan in accordance with
				  9VAC25-740-100
				  C 1 for reuses that require Level 1 reclaimed water, will be in areas
				  accessible to the public, or are likely to have human contact. For indirect
				  potable reuse (IPR) projects that do not require a RWM plan, the program shall
				  be submitted with the application to permit the project in accordance with
				  9VAC25-740-100
				  D. The program shall be the responsibility of the permittee to implement.
1. Education. The education component of the
				  program shall:
a. For end users and the public
				  likely to have contact with reclaimed water, provide information:
(1) To ensure that they are informed of the
				  origin, nature, and characteristics of the reclaimed water; the manner in which
				  the reclaimed water can be used safely; and uses for which the reclaimed water
				  is prohibited or limited;
(2) To
				  individual end users, at the time of their initial connection to the reclaimed
				  water distribution system, which may be provided in the service agreement or
				  contract with the permittee established in accordance with
				  9VAC25-740-100
				  C 1 d; and
(3) To individual end
				  users, annually or more often after the reclaimed water distribution system is
				  placed into operation for nonbulk irrigation reuse of reclaimed water not
				  treated to achieve biological nutrient removal (BNR).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 740 - WATER RECLAMATION AND REUSE REGULATION › Part III - Application and Technical Requirements › Section 9VAC25-740-180 - Operational flow requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. When the
				  monthly average flow into a reclamation system or SRS reaches 95% of the
				  designated design flow authorized by the VPDES or VPA permit issued to that
				  system for each month of any three-month period, the permittee shall within 30
				  days notify the department in writing and within 90 days submit a plan of
				  action for ensuring continued compliance with the terms of the
				  permit.
B. The plan of action
				  described in subsection A of this section shall include the necessary steps and
				  a prompt schedule of implementation for controlling any current problem, or any
				  problem that could be reasonably anticipated, resulting from high flows
				  entering the reclamation system or SRS.
C. Upon receipt of the permittee's plan of
				  action described in subsection A of this section, the department shall notify
				  the owner whether the plan is approved or disapproved. If the plan is
				  disapproved, such notification shall state the reasons and specify the actions
				  necessary to obtain approval of the plan.
D. Failure to timely submit an adequate plan
				  of action in accordance with subsection A of this section shall be deemed a
				  violation of the permit.
E. Nothing
				  herein shall in any way impair the authority of the department to take
				  enforcement action under § 62.1-44.15, 62.1-44.23, or 62.1-44.32 of the
				  Code of Virginia.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 740 - WATER RECLAMATION AND REUSE REGULATION › Part III - Application and Technical Requirements › Section 9VAC25-740-190 - Recordkeeping

Current through Register Vol. 40, No. 24, July 15, 2024
A. Operating
				  records shall be maintained at the reclamation system or a central depository
				  within the reclaimed water distribution system for a period as specified in the
				  VPDES or VPA permit issued to the facility. Operating records shall include all
				  analyses specified in this chapter, records of operational problems, alarm
				  failures, unit process and equipment breakdowns, diversions to reject storage
				  or emergency storage, discharge to another permitted reuse system requiring a
				  lower level of treatment, or disposal via a permitted effluent discharge; and
				  all corrective or preventive action taken.
B. A monthly summary of operating records as
				  specified under subsection A of this section shall be maintained at the
				  facility.
Statutory Authority
§ 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 740 - WATER RECLAMATION AND REUSE REGULATION › Part III - Application and Technical Requirements › Section 9VAC25-740-200 - Reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. Permittees of
				  water reclamation systems and SRSs shall submit a monthly monitoring report to
				  the department. The report shall include monitoring results for parameters
				  contained in the VPDES or VPA permit to demonstrate compliance with applicable
				  reclaimed water standards of this chapter.
B. Interruption or loss of reclaimed water
				  supply or discharge of any untreated or partially treated water that fails to
				  comply with standards specified in the VPDES or VPA permit to the service area
				  of intended reuse, shall be reported in accordance with procedures specified in
				  the permit. This report shall also contain a description of any notification
				  provided in accordance with
				  9VAC25-740-170
				  A 2.
C. Permittees of reclaimed
				  water distribution systems shall submit an annual report to the department on
				  or before February 10 of the following year. The annual report shall, at a
				  minimum:
1. Estimate the volume of reclaimed
				  water distributed to the service area of the RWM plan, reported as monthly
				  totals for a 12-month period from January 1 through December 31;
2. Provide for reclaimed water not treated to
				  achieve BNR that is used within the service area of the RWM plan, the monthly
				  average concentrations of total N and total P in the reclaimed water, an
				  estimate of the monthly total volume of reclaimed water used for nonbulk
				  irrigation and for bulk irrigation, the monthly total nutrient loads (N and P)
				  to the service area resulting from nonbulk irrigation reuse and from bulk
				  irrigation reuse, and the area in active reuse for nonbulk irrigation and for
				  bulk irrigation within the service area, all reported for a 12-month period
				  from January 1 through December 31; and
3. Provide a summary of ongoing education and
				  notification program activities, including copies of education materials, as
				  required by
				  9VAC25-740-170
				  A.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 740 - WATER RECLAMATION AND REUSE REGULATION › Part III - Application and Technical Requirements › Section 9VAC25-740-210

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 740 - WATER RECLAMATION AND REUSE REGULATION › Part III - Application and Technical Requirements › Form - FORMS (9VAC25-740)

Current through Register Vol. 40, No. 24, July 15, 2024
Application
					 for an Emergency Authorization to Produce, Distribute or Reuse Reclaimed Water,
					 DEQ Form WR&R-4 (rev. 4/2020)
Application
					 for Reclaimed Water Hauling Operations, DEQ Form WR&R-2 (rev.
					 4/2020)
Water
					 Reclamation and Reuse Addendum to an Application for a Virginia Pollutant
					 Discharge Elimination System Permit or a Virginia Pollution Abatement Permit,
					 DEQ Form WR&R-1 (rev. 4/2020)
Water
					 Reclamation and Reuse Variance Application, DEQ Form WR&R-3 (rev.
					 4/2020)
Statutory Authority: §
												62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 740 - WATER RECLAMATION AND REUSE REGULATION › Part III - Application and Technical Requirements › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-740)

Current through Register Vol. 40, No. 24, July 15, 2024
Installation of Ductile-Iron Water Mains and Their
					 Appurtenances, ANSI/AWWA C600-05 (Revision of ANSI/AWWA C600-99), effective
					 December 1, 2005, American Water Works Association.
Ultraviolet Disinfection Guidelines for Drinking Water and
					 Water Reuse, Second Edition (May 2003), National Water Research Institute,
					 10500 Ellis Avenue, P.O. Box 20865, Fountain Valley, California 92728;
					 www.nwri-usa.org.
Disinfecting Water Mains, ANSI/AWWA C651-05, effective
					 June 1, 2005, American Water Works Association, 6666 West Quincy Avenue,
					 Denver, Colorado, 80235; www.awwa.org.
Statutory Authority: §
												62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 750 - GENERAL VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION FOR DISCHARGES OF STORM WATER FROM SMALL MUNICIPAL [REPEALED] › Section 9VAC25-750-10 to 9VAC25-750-50

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 770 - VIRGINIA FINANCIAL RESPONSIBILITY REQUIREMENTS FOR MITIGATION ASSOCIATED WITH TIDAL DREDGING PROJECTS › Part II - General Information › Section 9VAC25-770-20 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This regulation applies to all persons required to obtain
					 or modify a VWP permit pursuant to the Virginia Water Protection Permit Program
					 Regulation, 9VAC25-210, for completion of dredging projects in tidal waters
					 governed under Chapter 12 (§ 28.2-1200 et seq.) or Chapter 13 (§
					 28.2-1300 et seq.) of Title 28.2 of the Code of Virginia.
State and federal government entities whose debts and
					 liabilities are the debts and liabilities of the Commonwealth of Virginia or
					 the United States have the requisite financial strength and stability to
					 fulfill their financial responsibility obligations and are not required to
					 comply with the requirements of this chapter.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 770 - VIRGINIA FINANCIAL RESPONSIBILITY REQUIREMENTS FOR MITIGATION ASSOCIATED WITH TIDAL DREDGING PROJECTS › Part II - General Information › Section 9VAC25-770-30 - Compliance date

Current through Register Vol. 40, No. 24, July 15, 2024
An applicant for a VWP permit for completion of a dredging
					 project in tidal waters must file proof of mitigation bank credit purchase or
					 in-lieu fee fund donation or a financial responsibility mechanism with the
					 department at least 60 days prior to onset of any activity in permitted impact
					 areas. The compensatory mitigation plan and financial responsibility
					 documentation or proof of mitigation bank credit purchase or in-lieu fee fund
					 donation shall be submitted by the permittee and approved by the department
					 prior to the onset of any dredging activities in permitted impact
					 areas.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 770 - VIRGINIA FINANCIAL RESPONSIBILITY REQUIREMENTS FOR MITIGATION ASSOCIATED WITH TIDAL DREDGING PROJECTS › Part II - General Information › Section 9VAC25-770-40 - Revocation or suspensions

Current through Register Vol. 40, No. 24, July 15, 2024
Failure to provide or maintain adequate evidence of
					 financial responsibility in accordance with this regulation shall be a basis
					 for termination of a VWP permit. Termination of a VWP permit shall be in
					 accordance with
					 9VAC25-210-180.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 770 - VIRGINIA FINANCIAL RESPONSIBILITY REQUIREMENTS FOR MITIGATION ASSOCIATED WITH TIDAL DREDGING PROJECTS › Part II - General Information › Section 9VAC25-770-50 - Forfeitures

Current through Register Vol. 40, No. 24, July 15, 2024
Forfeiture of any financial obligation imposed pursuant to
					 this chapter shall not relieve any holder of a VWP permit from any obligations
					 to comply with the provisions of the Virginia Water Protection Permit Program
					 Regulation (9VAC25-210) and any other applicable regulations or any other legal
					 obligations for the consequences of abandoning the project.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 770 - VIRGINIA FINANCIAL RESPONSIBILITY REQUIREMENTS FOR MITIGATION ASSOCIATED WITH TIDAL DREDGING PROJECTS › Part II - General Information › Section 9VAC25-770-60 - Transfer of permit

Current through Register Vol. 40, No. 24, July 15, 2024
The new permittee must submit proof of mitigation bank
					 credit purchase or in-lieu fee fund donation or evidence of financial
					 responsibility to the department in accordance with this chapter within 60 days
					 of the transfer of the permit from the existing permittee to the new permittee.
					 If the old permittee has completed mitigation activities by filing proof of
					 mitigation bank credit purchase or in-lieu fee fund donation before the
					 transfer of the permit, the new permittee is not required to do so or to
					 provide any additional evidence of financial responsibility. When a transfer of
					 the permit occurs, the old permittee shall continue to comply with the
					 requirements of this chapter until the new permittee has demonstrated that he
					 is complying with the requirements of this chapter. The new permittee shall
					 demonstrate compliance with this chapter within 60 days of the date of the
					 transfer of the permit. Upon demonstration to the department by the new
					 permittee of compliance with this chapter, the department shall notify the old
					 permittee that he or she no longer needs to comply with this chapter as of the
					 date of demonstration.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 770 - VIRGINIA FINANCIAL RESPONSIBILITY REQUIREMENTS FOR MITIGATION ASSOCIATED WITH TIDAL DREDGING PROJECTS › Part III - Compensatory Mitigation Plan And Financial Responsibility Criteria › Section 9VAC25-770-70 - Compensatory mitigation requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Compensatory
				  mitigation for any project subject to a VWP permit must include measures to
				  avoid and reduce impacts to surface waters to the maximum extent practicable,
				  and where impacts cannot be avoided, the means by which compensation will be
				  accomplished to achieve no net loss of wetland acreage and function.
B. The applicable compensatory mitigation
				  standards are described in
				  9VAC25-210-80
				  and
				  9VAC25-210-115 of the
				  Virginia Water Protection Permit Program Regulation. All aspects of the
				  compensatory mitigation plan, including documentation of financial
				  responsibility or proof of mitigation bank credit purchase or in-lieu fee fund
				  donation, shall be finalized, submitted and approved by the department prior to
				  the onset of any dredging activities in permitted impact areas.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 770 - VIRGINIA FINANCIAL RESPONSIBILITY REQUIREMENTS FOR MITIGATION ASSOCIATED WITH TIDAL DREDGING PROJECTS › Part III - Compensatory Mitigation Plan And Financial Responsibility Criteria › Section 9VAC25-770-80 - Cost estimates for in-lieu fee fund donations and mitigation bank credit purchases

Current through Register Vol. 40, No. 24, July 15, 2024
A. Permittees
				  with compensatory mitigation plans that provide for donations to in-lieu fee
				  funds must submit to the department as part of the final mitigation plan proof
				  that the entity is willing to accept the contribution along with a detailed,
				  written cost estimate.
B.
				  Permittees with compensatory mitigation plans that provide for purchase of
				  mitigation bank credits must provide to the department as part of the final
				  mitigation plan proof that the selected bank has available credits, along with
				  a detailed, written cost estimate.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 770 - VIRGINIA FINANCIAL RESPONSIBILITY REQUIREMENTS FOR MITIGATION ASSOCIATED WITH TIDAL DREDGING PROJECTS › Part III - Compensatory Mitigation Plan And Financial Responsibility Criteria › Section 9VAC25-770-90 - Cost estimate for compensatory mitigation activities other than in-lieu fee fund donations or mitigation bank credit purchases

Current through Register Vol. 40, No. 24, July 15, 2024
A. The permittee
				  shall prepare for approval by the department a detailed written estimate of the
				  cost of implementing compensatory mitigation activities. The written cost
				  estimate shall be submitted concurrently with the final compensatory mitigation
				  plan.
1. The compensatory mitigation plan
				  cost estimate shall equal the full cost of implementation of the
				  plan.
2. The compensatory
				  mitigation cost estimate shall be based on and include the costs to the
				  permittee of hiring a third party to implement the compensatory mitigation
				  plan. The third party may not be either a parent corporation or subsidiary of
				  the permittee.
3. The compensatory
				  mitigation cost estimate may not incorporate any salvage value that may be
				  realized by the sale of materials, facility structures or equipment, land or
				  other facility assets at the time of implementation of the plan.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 770 - VIRGINIA FINANCIAL RESPONSIBILITY REQUIREMENTS FOR MITIGATION ASSOCIATED WITH TIDAL DREDGING PROJECTS › Part III - Compensatory Mitigation Plan And Financial Responsibility Criteria › Section 9VAC25-770-100 - Payment of in-lieu fee fund donations and mitigation bank credit purchases

Current through Register Vol. 40, No. 24, July 15, 2024
A. Permittees
				  with compensatory mitigation plans that provide for donations to in-lieu fee
				  funds or mitigation bank credit purchases shall make the entire donation or
				  purchase before the onset of activity in the permitted impact areas. Permittees
				  shall submit documentation of the payment or donation to the department for
				  approval a minimum of 60 days prior to onset of activity in permitted
				  areas.
B. A permittee may satisfy
				  the requirements of this section, wholly or in part, by submitting a photocopy
				  of the documentation submitted to the USACE pursuant to § 404 of the Clean
				  Water Act (33 USC §
											1251 et seq., as amended in 1987) documenting
				  the donation or purchase for the current project along with a photocopy of the
				  document issued by the USACE indicating approval of the documentation, if
				  applicable. Any documentation of the in-lieu fee fund donation or mitigation
				  banking credit purchase pursuant to this subsection must demonstrate clearly
				  that the donation or purchase was made to provide compensatory mitigation for
				  the project that is the subject of the VWP 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 770 - VIRGINIA FINANCIAL RESPONSIBILITY REQUIREMENTS FOR MITIGATION ASSOCIATED WITH TIDAL DREDGING PROJECTS › Part III - Compensatory Mitigation Plan And Financial Responsibility Criteria › Section 9VAC25-770-110 - Allowable financial mechanisms for compensatory mitigation activities other than in-lieu fee fund donations or mitigation bank credit purchases

Current through Register Vol. 40, No. 24, July 15, 2024
A. If a
				  permittee does not purchase mitigation bank credits or donate to an in-lieu fee
				  fund as part of his compensatory mitigation plan, the permittee must
				  demonstrate financial responsibility using one of the mechanisms specified in
				  9VAC25-770-120
				  through
				  9VAC25-770-150.
				  The mechanisms used to demonstrate evidence of financial responsibility shall
				  ensure that the funds necessary to meet the costs of completing compensatory
				  mitigation requirements for the permitted project as described in
				  9VAC25-770-70
				  will be available whenever they are needed. Financial responsibility mechanisms
				  shall be in the amount equal to the cost estimate approved by the
				  department.
B. The permittee shall
				  provide continuous coverage to implement the compensatory mitigation plan until
				  released from financial responsibility requirements by the
				  department.
C. The director may
				  reject the proposed evidence of financial responsibility if the mechanism
				  submitted does not adequately assure that funds will be available to complete
				  the necessary compensatory mitigation activities. The permittee shall be
				  notified in writing within 60 days of receipt of a complete financial
				  responsibility submission of the tentative decision to accept or reject the
				  proposed evidence.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 770 - VIRGINIA FINANCIAL RESPONSIBILITY REQUIREMENTS FOR MITIGATION ASSOCIATED WITH TIDAL DREDGING PROJECTS › Part III - Compensatory Mitigation Plan And Financial Responsibility Criteria › Section 9VAC25-770-120 - Surety bond

Current through Register Vol. 40, No. 24, July 15, 2024
A. A permittee
				  may satisfy the requirements of this chapter by obtaining a surety bond that
				  conforms to the requirements of this section and by submitting an originally
				  signed duplicate of the bond to the department. The surety company issuing the
				  bond shall be licensed to operate as a surety in the Commonwealth of Virginia
				  and be among those listed as acceptable sureties on federal bonds in the latest
				  Circular 570 of the U.S. Department of the Treasury.
B. Under the terms of the bond, the surety
				  will become liable on the bond obligation when the permittee fails to perform
				  as guaranteed by the bond.
C. The
				  bond shall guarantee that the permittee or any other authorized person will:
1. Implement compensatory mitigation in
				  accordance with the approved compensatory mitigation plan and other
				  requirements in any VWP permit for the project;
2. Implement the compensatory mitigation plan
				  following an order to do so issued by the department or by a court.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 770 - VIRGINIA FINANCIAL RESPONSIBILITY REQUIREMENTS FOR MITIGATION ASSOCIATED WITH TIDAL DREDGING PROJECTS › Part III - Compensatory Mitigation Plan And Financial Responsibility Criteria › Section 9VAC25-770-150 - Federal documentation

Current through Register Vol. 40, No. 24, July 15, 2024
A permittee may satisfy the requirements of this chapter,
					 wholly or in part, by submitting a photocopy of the financial responsibility
					 documentation submitted to the USACE pursuant to § 404 of the Clean Water
					 Act ( 33 USC § 1251 et seq., as amended in 1987) for the current project
					 along with a photocopy of the document issued by the USACE indicating approval
					 of the financial responsibility, if applicable. Any demonstration of financial
					 responsibility pursuant to this subsection must apply clearly to the project
					 and compensatory mitigation activities that are the subject of the VWP
					 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 770 - VIRGINIA FINANCIAL RESPONSIBILITY REQUIREMENTS FOR MITIGATION ASSOCIATED WITH TIDAL DREDGING PROJECTS › Part III - Compensatory Mitigation Plan And Financial Responsibility Criteria › Section 9VAC25-770-160 - Release of permittee from the financial responsibility requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The permittee
				  shall submit a notice that compensatory mitigation has been completed in
				  accordance with the requirements of the approved compensatory mitigation plan,
				  permit or other order, within 60 days of completion of all compensatory
				  mitigation requirements. Unless the department has reason to believe that the
				  compensatory mitigation activities have not been implemented in accordance with
				  the appropriate plan or other requirements, the department shall notify the
				  permittee in writing that the permittee is no longer required to maintain
				  evidence of financial responsibility for the project. Such notice shall release
				  the permittee only from the requirements for financial responsibility for the
				  project; it does not release the permittee from legal responsibility for
				  meeting the compensatory mitigation requirements.
B. Where a VWP permit for the project is no
				  longer required under law, the department shall notify the permittee in writing
				  that the permittee is no longer required to maintain evidence of financial
				  responsibility for the project. Such notice shall release the permittee only
				  from the requirements for financial responsibility for the project.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 770 - VIRGINIA FINANCIAL RESPONSIBILITY REQUIREMENTS FOR MITIGATION ASSOCIATED WITH TIDAL DREDGING PROJECTS › Part III - Compensatory Mitigation Plan And Financial Responsibility Criteria › Section 9VAC25-770-170 - Incapacity of Financial Providers, permittees

Current through Register Vol. 40, No. 24, July 15, 2024
A. A permittee shall notify the director by
				  certified mail of the commencement of a voluntary or involuntary proceeding
				  under Title 11 (Bankruptcy), U.S. Code, naming the permittee as debtor, within
				  10 days after commencement of the proceeding.
B. A permittee who fulfills the requirements
				  of this chapter by obtaining a letter of credit, a surety bond, or a
				  certificate of deposit will be deemed to be without the required evidence of
				  financial responsibility in the event of bankruptcy of the issuing institution,
				  or a suspension or revocation of the authority of the institution issuing a
				  surety bond, letter of credit, or certificate of deposit to issue such
				  mechanisms. The permittee shall establish other financial responsibility within
				  60 days of such event.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 770 - VIRGINIA FINANCIAL RESPONSIBILITY REQUIREMENTS FOR MITIGATION ASSOCIATED WITH TIDAL DREDGING PROJECTS › Part III - Compensatory Mitigation Plan And Financial Responsibility Criteria › Section 9VAC25-770-180

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 780 - LOCAL AND REGIONAL WATER SUPPLY PLANNING › Section 9VAC25-780-10 - Application

Current through Register Vol. 40, No. 24, July 15, 2024
A. All counties,
				cities and towns (hereinafter "local governments") in the Commonwealth of
				Virginia shall submit a local water supply plan or shall participate in a
				regional planning unit in the submittal of a regional water supply plan to the
				board in accordance with this chapter.
B. The provisions of this regulation shall
				not affect any water supply project for which a permit application was
				submitted prior to January 1, 2003, to any state or federal agency. The
				provisions of this regulation shall not affect any water supply project for
				which an application for grant, loan or other funding has been made to a state
				or federal agency prior to January 1, 2003. All projects shall remain subject
				to applicable federal and state regulatory requirements.
C. Nothing in this chapter shall be construed
				as altering or authorizing any alteration of any existing surface, ground water
				or common law water rights of any property owner within the Commonwealth,
				except as required by federal or state law.
D. The review required by
				9VAC25-780-140 shall not be a
				prerequisite for applying for a permit from the Commonwealth of Virginia for a
				water supply project.
Statutory Authority
§§ 62.1-44.15 and 62.1-44.38:1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 780 - LOCAL AND REGIONAL WATER SUPPLY PLANNING › Section 9VAC25-780-20 - Purpose of chapter

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish a comprehensive
				  water supply planning process for the development of local, regional, and state
				  water supply plans. This process shall be designed to (i) ensure that adequate
				  and safe drinking water is available to all citizens of the Commonwealth; (ii)
				  encourage, promote, and protect all other beneficial uses of the Commonwealth's
				  water resources; and (iii) encourage, promote, and develop incentives for
				  alternative water sources, including but not limited to desalinization.
This chapter establishes the required planning process and
				  criteria that local governments shall use in the development of the local and
				  regional plans.
Statutory Authority
§§ 62.1-44.15 and 62.1-44.38:1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 780 - LOCAL AND REGIONAL WATER SUPPLY PLANNING › Section 9VAC25-780-40 - Program development

Current through Register Vol. 40, No. 24, July 15, 2024
Local governments shall develop programs for local or
				  regional water plans that are necessary to comply with this chapter. Local
				  governments shall consult and coordinate with all community water systems in
				  the planning area during the preparation of local or regional programs.
				  Community water systems within the planning area shall cooperate and
				  participate with the locality during preparation of the local program.
				  Counties, cities, and towns are encouraged to develop regional programs. Local
				  programs shall be designed to (i) ensure that adequate and safe drinking water
				  is available, (ii) encourage and protect all beneficial uses, (iii) encourage
				  and promote alternative water sources, and (iv) promote
				  conservation.
Statutory Authority
§§ 62.1-44.15 and 62.1-44.38:1 of the Code of
					 Virginia.