reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 230 - PROCEDURAL RULE NO. 1 - PUBLIC AND FORMAL HEARING PROCEDURES › Section 9VAC25-230-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The following rules set forth the administrative procedures
				  for informal hearings, which these rules call "public" hearings, and formal
				  hearings. These hearings may be convened for diverse purposes, including the
				  issuance, denial, modification or revocation of National Pollutant Discharge
				  Elimination System (NPDES) permits and other certificates issued by the State
				  Water Control Board (Board) pursuant to §§ 62.1-44.15(5), 62.1-44.16,
				  62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia. These rules do
				  not supplant, revoke or amend any provisions of the State Water Control Law,
				  the State Water Control Board's Regulation No. 6 (NPDES permits), the board's
				  procedures for the issuance, modification or revocation of state no-discharge
				  certificates (Procedural Rule No. 3,
				  9VAC25-210-10 et seq., also called
				  "Rule No. 3"). Rather these provisions supplement the Law, Regulation No. 6 and
				  Procedural Rules Nos. 2 and 3 by coordinating the requirements for
				  administrative hearings contained therein with the general administrative
				  hearing procedures contemplated by the Administrative Process Act [§§
				  9-6.14:1 et seq. of the Code of Virginia]. These rules are adopted under §
				  62.1-44.15(7) of the Code of Virginia.
Statutory Authority
§§ 62.1-44.15(5) and (7), 62.1-44.16,
					 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 230 - PROCEDURAL RULE NO. 1 - PUBLIC AND FORMAL HEARING PROCEDURES › Section 9VAC25-230-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
For the purpose of this Rule No. 1, the definitions
				  contained in § 6.3 of Regulation No. 6 and in § 62.1-44.3 of the Code
				  of Virginia apply. In addition, the following terms shall have the following
				  meanings:
"Permit" means any NPDES permit, state no-discharge
				  certificate, or other permit or certificate issued by the board pursuant to
				  §§ 62.1-44.15(5), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 or 62.1-44.19,
				  and includes certifications pursuant to 33 USC § 1341, or subsequent
				  enactments or amendments of any of the foregoing.
"Executive secretary" means the executive secretary of the
				  board or his designee.
"Subordinate" means
(i) one or more, but less than a quorum, of
				the members of the board,
(ii) one
				or more employees or members of the staff of the board, or
(iii) any other person or persons designated
				by the board to act in its behalf.
"Law" and "Water Control Law" mean the Virginia State Water
				  Control Law as found in Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of
				  the Code of Virginia.
Statutory Authority
§§ 62.1-44.15(5) and (7), 62.1-44.16,
					 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 230 - PROCEDURAL RULE NO. 1 - PUBLIC AND FORMAL HEARING PROCEDURES › Section 9VAC25-230-30 - Public hearings

Current through Register Vol. 40, No. 24, July 15, 2024
A public hearing is an informal fact-finding proceeding,
				  under 9-6.14:11 of the Code of Virginia and the Water Control Law and this
				  rule, held to afford interested persons an opportunity to submit factual data,
				  argument and proof to the board.
Statutory Authority
§§ 62.1-44.15(5) and (7), 62.1-44.16,
					 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 230 - PROCEDURAL RULE NO. 1 - PUBLIC AND FORMAL HEARING PROCEDURES › Section 9VAC25-230-40 - Requests for public hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Following the initial publication of notice, pursuant to § 6.32 or §
				6.72 of Regulation No. 6, § 2.06 of Procedural Rule No. 2, or § 3.06
				of Procedural Rule No. 3 (9VAC25-240-50 ), of
				the application for or tentative determination by the board to issue or deny a
				permit, or to modify or revoke an existing permit, the executive secretary will
				receive written requests for a public hearing to reconsider or contest such
				application or tentative determination and, if applicable, the terms and
				conditions thereof. The applicant or permittee or any person may submit such a
				request within the period provided by § 2.06 of Rule No. 2, § 3.07 of
				Rule No. 3 (9VAC25-240-60 ), or § 6.36 of
				Regulation No. 6.
B. Requests for a
				public hearing shall contain the following information:
1. The name, mailing address and telephone
				number of the requester;
2. The
				names and addresses of all persons for whom the requester is acting as a
				representative (for the purposes of this requirement, an unincorporated
				association is a person);
3. The
				reason why a hearing is requested;
4. A brief, informal statement setting forth
				the factual nature and the extent of the interest of the requester or of the
				persons for whom the requester is acting as representative in the application
				or tentative determination, including an explanation of how and to what extent
				such interest would be directly and adversely affected by the issuance, denial,
				modification, or revocation of the permit in question; and
5. Where possible, specific references to the
				terms and conditions of the permit in question, together with suggested
				revisions and alterations of those terms and conditions which the requester
				considers are needed to conform the permit to the intent and provisions of the
				Water Control Law.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 230 - PROCEDURAL RULE NO. 1 - PUBLIC AND FORMAL HEARING PROCEDURES › Section 9VAC25-230-50 - Disposition of requests for public hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. The executive secretary shall review all
				timely requests for public hearing filed in accordance with the provisions of
				9VAC25-230-40, and within 30
				calendar days following the expiration of the time period for the submission of
				requests shall grant a public hearing if he finds the following:
1. That there is a significant public
				interest in the issuance, denial, modification or revocation of the permit in
				question; and
2. That there are
				substantial, disputed issues relevant to the issuance, denial, modification or
				revocation of the permit in questions; and
3. That the action requested is not on its
				face inconsistent with, or in violation of, the Water Control Law, federal law
				or any regulation promulgated thereunder; or
4. That a public hearing is required by
				statute.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 230 - PROCEDURAL RULE NO. 1 - PUBLIC AND FORMAL HEARING PROCEDURES › Section 9VAC25-230-60 - Rights of parties to public hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant or permittee shall be a
				party to the public hearing. All other persons who desire to submit written or
				oral factual data argument or proofs may do so, subject to the terms of the
				hearing notice and the applicable provisions of this section.
B. For the purposes of the public hearing,
				parties have those rights enumerated in § 9-6.14:11 of the Code of
				Virginia.
C. Oral cross-examination
				will not be permitted, but any person may submit written questions to the
				hearing officer, who, subject to his ruling as to their relevance and
				propriety, will propound them to the witness.
Statutory Authority
§§ 62.1-44.15(5) and (7), 62.1-44.16,
					 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 230 - PROCEDURAL RULE NO. 1 - PUBLIC AND FORMAL HEARING PROCEDURES › Section 9VAC25-230-70 - When public hearings may be dispensed with; continuances

Current through Register Vol. 40, No. 24, July 15, 2024
A. Where no person
				other than the applicant or permittee has submitted a request that makes the
				showing required by
				9VAC25-230-50 A, and where no
				hearing is required by statute, the executive secretary, on his own motion or
				on the motion of the applicant or permittee, may dispense with the public
				hearing.
B. The executive
				secretary, may, on his own motion or at the request of a party, for good cause
				shown, reschedule the date of the public hearing. In the event the executive
				secretary reschedules the date for the public hearing after notice has been
				published, he shall cause the public notice to be republished to reflect the
				new date of the public hearing.
Statutory Authority
§§ 62.1-44.15(5) and (7), 62.1-44.16,
					 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 230 - PROCEDURAL RULE NO. 1 - PUBLIC AND FORMAL HEARING PROCEDURES › Section 9VAC25-230-80 - Public hearing procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Public hearings held pursuant to these procedures may be conducted by the full
				board at a regular or special meeting of that body, and the chairman or his
				designated subordinate shall preside a hearing officer. Hearings may be held
				before less than the full board, but shall be conducted by at least one board
				member designated by the chairman. The board member conducting such hearing may
				preside as hearing officer or may designate a subordinate as hearing officer.
The venue for public hearings is prescribed by §
				  9-6.14:5 of the Code of Virginia, except that venue for hearings for revocation
				  or amendment of a certificate is governed by § 62.1-44.26 of the Code of
				  Virginia.
B. The hearing
				officer shall have the authority to maintain order, preserve the impartiality
				of the decision process, and conclude the hearing process expeditiously. He
				shall hold all powers necessary to those ends, including, but not limited to,
				the power to do the following:
1. Prescribe
				the methods and procedures to be used in the presentation of factual data,
				arguments and proof orally and in writing including the imposition of
				reasonable limitations on the time permitted for oral testimony;
2. Consolidate the presentation of factual
				data, arguments and proof to avoid repetitive presentation of them;
3. Require that the testimony of any person
				be given under oath or affirmation;
4. Rule on procedural matters;
5. Act as custodian of the record of the
				hearing causing all notices and written submittals to be entered in it;
				and
6. Issue subpoenas and
				subpoenas duces tecum in accordance with §§ 9-6.14:13 and 62.1-44.26
				of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 230 - PROCEDURAL RULE NO. 1 - PUBLIC AND FORMAL HEARING PROCEDURES › Section 9VAC25-230-90 - Decision of the board following public hearing

Current through Register Vol. 40, No. 24, July 15, 2024
After the close of the informal hearing, the board shall make
				  a final decision to issue, deny, modify or revoke the permit in question or
				  take or not take any other action proposed. In making its decision the board
				  shall consider the entire record of the proceeding, and any staff report. The
				  decision of the board rendered after a public hearing must be reduced to
				  writing and contain a statement of the basis upon which the decision was
				  reached. Copies of the decision, certified by the executive secretary, shall be
				  mailed by certified mail, in accordance with § 10.1-1183 of the Code of
				  Virginia, to all parties to the hearing.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 230 - PROCEDURAL RULE NO. 1 - PUBLIC AND FORMAL HEARING PROCEDURES › Section 9VAC25-230-100 - Formal hearings

Current through Register Vol. 40, No. 24, July 15, 2024
A formal hearing is a public proceeding for the taking of
				  evidence, held under § 9-6.14:12 of the Code of Virginia, and under this
				  chapter. A formal hearing may be held to consider appeals from certain actions
				  of the board or the executive secretary taken without a formal hearing, as
				  provided by § 62.1-44.25 of the Code of Virginia, and may also be held for
				  other purposes, and must be held prior to the issuance of a special order under
				  § 62.1-44.15(8) of the Code of Virginia, unless the owner consents to the
				  issuance of a special order without a hearing.
Statutory Authority
§§ 62.1-44.15(5) and (7), 62.1-44.16,
					 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 230 - PROCEDURAL RULE NO. 1 - PUBLIC AND FORMAL HEARING PROCEDURES › Section 9VAC25-230-110 - Burden of proof in formal hearing

Current through Register Vol. 40, No. 24, July 15, 2024
Each party that has filed a petition for a formal hearing or
				  to become a party shall bear the burden of going forward on the issues of fact
				  and shall bear the burden of ultimate persuasion on all issues set forth in its
				  petition.
Statutory Authority
§§ 62.1-44.15(5) and (7), 62.1-44.16,
					 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 230 - PROCEDURAL RULE NO. 1 - PUBLIC AND FORMAL HEARING PROCEDURES › Section 9VAC25-230-120 - Parties; rights of parties

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Parties to the hearing shall be the applicant or permittee or the proposed
				recipient of a special order and those persons who, in the opinion of the
				Executive Secretary, have filed a petition meeting the requirements of
				9VAC25-230-130 C or
				9VAC25-230-140 A of this chapter,
				except that the only party to a special order hearing shall be the proposed
				recipient of the special order. The executive secretary shall notify all
				parties of the names and addresses of the parties to the hearing.
B. The rights of parties to the hearing are
				enumerated in § 9-6.14:12 of the Code of Virginia.
Statutory Authority
§§ 62.1-44.15(5) and (7), 62.1-44.16,
					 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 230 - PROCEDURAL RULE NO. 1 - PUBLIC AND FORMAL HEARING PROCEDURES › Section 9VAC25-230-130 - Petition for formal hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				The applicant or permittee or any person aggrieved by any action or inaction of
				the board or executive secretary with respect to a permit or arising out of the
				public hearing procedures outlined above may petition the executive secretary
				for the convening of a formal hearing as described in
				9VAC25-230-100 and following. If
				filed by an aggrieved owner under § 62.1-44.25 of the Code of Virginia,
				the petition must be filed within 30 days of the mailing of notice of the
				action appealed from to that owner by certified mail in accordance with §
				10.1-1183 of the Code of Virginia; otherwise the petition must be filed within
				30 calendar days of the action appealed from. The executive secretary shall
				acknowledge in writing the receipt of all petitions for formal
				hearing.
B. The petition shall
				contain the following:
1. The names and
				addresses of the petitioner, the petitioner's counsel (if any) and all persons
				for whom the petitioner is acting as a representative (for the purposes of this
				requirement, an unincorporated association is a person);
2. A statement of the action appealed
				from;
3. A statement setting forth
				the interest of the petitioner and explaining how and to what extent the action
				appealed from will directly and adversely affect such interest;
4. A statement setting forth the errors
				alleged in the Board's action and the reasons why such action is deemed
				contrary to law;
5. A statement by
				the petitioner that, should its petition be granted and a hearing held pursuant
				thereto, the petitioner and all persons represented by the petitioner in
				connection with the appeal will be available, without cost to any other party,
				to appear at such hearing; and
6. A
				statement setting forth the specific relief requested.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 230 - PROCEDURAL RULE NO. 1 - PUBLIC AND FORMAL HEARING PROCEDURES › Section 9VAC25-230-140 - Petition to become a party to a formal hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person may, at any time after a
				petition for formal hearing has been filed or the executive secretary has
				authorized a formal hearing on his own motion, but not more than 15 days after
				mailing, by electronic or postal delivery, or publication of notice, whichever
				is later, of the executive secretary's decision to authorize a formal hearing,
				petition the executive secretary to become a party to the formal hearing. The
				executive secretary shall acknowledge in writing the receipt of all petitions
				to become a party. A petition for a hearing filed in accordance with
				9VAC25-230-130 shall also be deemed
				a petition to be a party to any hearing that may be authorized in accordance
				with such petition.
1. The petition to become
				a party shall contain the following:
a. The
				names and addresses of the petitioner, the petitioner's counsel (if any) and
				all persons for whom the petitioner is acting as a representative;
b. A statement setting forth the interest of
				the petitioner in the matter;
c. A
				statement by the petitioner that, should its petition be granted, the
				petitioner and all persons represented by the petitioner in connection with the
				hearing will be available, without cost to any other party, to appear at the
				hearing;
d. A statement setting
				forth the position of the petitioner with respect to any errors alleged in the
				petition for hearing; and
e. A
				statement setting forth any cross- errors alleged in the board's
				action.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 230 - PROCEDURAL RULE NO. 1 - PUBLIC AND FORMAL HEARING PROCEDURES › Section 9VAC25-230-150 - Formal hearing procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				A formal hearing held under this rule may be conducted by the full board at any
				regular or special meeting of the body, and the chairman or his designated
				subordinate shall preside as hearing officer. Hearings may be held at any other
				time and place authorized by the board or its chairman, and shall be conducted
				by at least one board member designated by the chairman. The board member
				conducting such hearing may preside as hearing officer or may designate a
				subordinate as hearing officer.
B.
				The hearing officer shall have the authority to maintain order, preserve the
				impartiality of the decision process, and conclude the hearing process
				expeditiously. He shall hold all powers necessary to those ends, including, but
				not limited to, the power to do the following:
1. Prescribe the methods and procedures to be
				used in the development of evidentiary facts and the presentation of evidence
				by the parties, including the issuance of pre-hearing orders setting forth the
				issues for hearing and establishing deadlines for the filing of written
				testimony and exhibits;
2.
				Administer oaths and affirmations;
3. Receive probative evidence, rule upon
				offers of proof and, upon his own motion or the objection of any party, exclude
				irrelevant, immaterial, insubstantial or repetitive proofs, rebuttal or
				cross-examination;
4. Examine
				witnesses;
5. Hold pre-hearing
				conferences for the settlement, simplification or stipulation of issues and
				facts by consent;
6. Rule on
				procedural matters; and
7. Issue
				subpoenas and subpoenas duces tecum in accordance with §§ 62.1-44.26
				and 9-6.14:13 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 230 - PROCEDURAL RULE NO. 1 - PUBLIC AND FORMAL HEARING PROCEDURES › Section 9VAC25-230-160 - Evidence at formal hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Parties may present direct and rebuttal evidence in written and oral form, and
				may conduct such cross-examination as necessary to elicit a full and fair
				disclosure of the facts. The hearing officer may direct that written evidence
				be orally summarized, but written testimony should not otherwise be read aloud
				except under extraordinary circumstances as determined by the hearing officer.
				The hearing officer may also prescribe reasonable time limits for the
				presentation of oral testimony.
B.
				The hearing officer shall admit all relevant, competent and material evidence
				offered by the parties but shall exclude evidence which he determines to be
				repetitive, irrelevant, immaterial or otherwise inadmissible under §
				62.1-44.27 of the Code of Virginia. The hearing officer, for good cause shown,
				may admit any evidence filed in contravention of an applicable deadline in the
				pre-hearing order where he determines that such evidence would be useful and
				material to the proceedings. A copy of the record of the public hearing, if
				any, shall be admitted, but shall not control the proceedings of the formal
				hearing.
C. Whenever any evidence
				or testimony is excluded by the hearing officer as inadmissible, so much of the
				excluded material as is in written form shall remain in the record as an offer
				of proof, and shall be marked "excluded" by the hearing officer. Where oral
				testimony is excluded, the party seeking to introduce it may make an offer of
				proof in the form of a brief descriptive statement for the record.
D. The hearing officer may, on his own
				motion, and shall, on the objection of any party, rule on the relevance,
				propriety and conduct of the presentation of evidence, cross-examination and
				rebuttal, and may prohibit any presentation, examination, cross-examination and
				rebuttal that is irrelevant, immaterial, unsubstantial, privileged,
				repetitious, abusive, argumentative, or otherwise improper.
Statutory Authority
§§ 62.1-44.15(5) and (7), 62.1-44.16,
					 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 230 - PROCEDURAL RULE NO. 1 - PUBLIC AND FORMAL HEARING PROCEDURES › Section 9VAC25-230-180 - Decision of the board following formal hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. After the close of the hearing, the board
				shall make a final decision to issue, deny, modify or revoke the permit in
				question or take or not take any other action proposed, and, in so doing, adopt
				explicit findings of fact and conclusions of law. In making its decision the
				board shall consider the entire record of the proceeding, any recommended
				findings and decision submitted by a subordinate hearing officer, and proposed
				findings and conclusions. Upon request, a party may present oral arguments to
				the board before it makes its decision.
B. The decision of the board rendered after a
				formal hearing must be reduced to writing and contain the explicit findings of
				fact and conclusions of law upon which the decision is based. Copies of the
				decision, certified by the executive secretary, shall be mailed by certified
				mail to all of the parties to the hearing.
Statutory Authority
§§ 62.1-44.15(5) and (7), 62.1-44.16,
					 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 240 - PROCEDURAL RULE NO. 3 - CERTIFICATION PURSUANT TO 33 USC section 1341 ("401" CERTIFICATION): PROCEDURES FOR APPLICATIONS, FOR ISSUANCE, AND F [REPEALED] › Section 9VAC25-240-10

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 240 - PROCEDURAL RULE NO. 3 - CERTIFICATION PURSUANT TO 33 USC section 1341 ("401" CERTIFICATION): PROCEDURES FOR APPLICATIONS, FOR ISSUANCE, AND F [REPEALED] › Section 9VAC25-240-20

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 240 - PROCEDURAL RULE NO. 3 - CERTIFICATION PURSUANT TO 33 USC section 1341 ("401" CERTIFICATION): PROCEDURES FOR APPLICATIONS, FOR ISSUANCE, AND F [REPEALED] › Section 9VAC25-240-30

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 240 - PROCEDURAL RULE NO. 3 - CERTIFICATION PURSUANT TO 33 USC section 1341 ("401" CERTIFICATION): PROCEDURES FOR APPLICATIONS, FOR ISSUANCE, AND F [REPEALED] › Section 9VAC25-240-40

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 240 - PROCEDURAL RULE NO. 3 - CERTIFICATION PURSUANT TO 33 USC section 1341 ("401" CERTIFICATION): PROCEDURES FOR APPLICATIONS, FOR ISSUANCE, AND F [REPEALED] › Section 9VAC25-240-50

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 240 - PROCEDURAL RULE NO. 3 - CERTIFICATION PURSUANT TO 33 USC section 1341 ("401" CERTIFICATION): PROCEDURES FOR APPLICATIONS, FOR ISSUANCE, AND F [REPEALED] › Section 9VAC25-240-60

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 240 - PROCEDURAL RULE NO. 3 - CERTIFICATION PURSUANT TO 33 USC section 1341 ("401" CERTIFICATION): PROCEDURES FOR APPLICATIONS, FOR ISSUANCE, AND F [REPEALED] › Section 9VAC25-240-70

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority
§§ 62.1-44.15(7) and (10) of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 260 - WATER QUALITY STANDARDS › Part I - Surface Water Standards with General, Statewide Application › Section 9VAC25-260-20 - General criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A. State
				  waters, including wetlands, shall be free from substances attributable to
				  sewage, industrial waste, or other waste in concentrations, amounts, or
				  combinations which contravene established standards or interfere directly or
				  indirectly with designated uses of such water or which are inimical or harmful
				  to human, animal, plant, or aquatic life.
Specific substances to be controlled include, but are not
					 limited to: floating debris, oil, scum, and other floating materials; toxic
					 substances (including those which bioaccumulate); substances that produce
					 color, tastes, turbidity, odors, or settle to form sludge deposits; and
					 substances which nourish undesirable or nuisance aquatic plant life. Effluents
					 which tend to raise the temperature of the receiving water will also be
					 controlled. Conditions within mixing zones established according to
					 9VAC25-260-20 B do not violate the
					 provisions of this subsection.
B. The board may use mixing zone concepts in
				  evaluating limitations for Virginia Pollutant Discharge Elimination System
				  permits.
1. Mixing zones evaluated or
				  established by the board in fresh water shall not:
a. Prevent movement of or cause lethality to
				  passing and drifting aquatic organisms through the water body in
				  question;
b. Constitute more than
				  one half of the width of the receiving watercourse nor constitute more than one
				  third of the area of any cross section of the receiving watercourse;
c. Extend downstream at any time a distance
				  more than five times the width of the receiving watercourse at the point of
				  discharge.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 260 - WATER QUALITY STANDARDS › Part I - Surface Water Standards with General, Statewide Application › Section 9VAC25-260-40 - Stream flow

Current through Register Vol. 40, No. 24, July 15, 2024
Man-made alterations in stream flow shall not contravene
					 designated uses including protection of the propagation and growth of aquatic
					 life.
Statutory Authority
§ 62.1-44.15(3a) of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 260 - WATER QUALITY STANDARDS › Part I - Surface Water Standards with General, Statewide Application › Section 9VAC25-260-50 - Numerical criteria for dissolved oxygen, pH, and maximum temperature

Current through Register Vol. 40, No. 24, July 15, 2024
CLASS
DESCRIPTION OF WATERS
DISSOLVED OXYGEN (mg/l)****
pH****
Max. Temp.(°C)
Min.
Daily Avg.
I
Open Ocean
5.0
--
6.0-9.0
--
II
Tidal Waters in the Chowan Basin and the Atlantic
								Ocean Basin
4.0
5.0
6.0-9.0
--
II
Tidal Waters in the Chesapeake Bay and its tidal
								tributaries
see
								9VAC25-260-185
6.0-9.0
III
Nontidal Waters (Coastal and Piedmont Zones)
4.0
5.0
6.0-9.0
32
IV
Mountainous Zones Waters
4.0
5.0
6.0-9.0
31
V
Stockable Trout Waters
5.0
6.0
6.0-9.0
21
VI
Natural Trout Waters
6.0
7.0
6.0-9.0
20
VII
Swamp Waters
*
*
3.7-8.0*
**
*This classification recognizes that the natural quality of
					 these waters may fluctuate outside of the values for D.O. and pH set forth
					 above as water quality criteria in Class I through VI waters. The natural
					 quality of these waters is the water quality found or expected in the absence
					 of human-induced pollution. Water quality standards will not be considered
					 violated when conditions are determined by the board to be natural and not due
					 to human-induced sources. The board may develop site specific criteria for
					 Class VII waters that reflect the natural quality of the waterbody when the
					 evidence is sufficient to demonstrate that the site specific criteria rather
					 than narrative criterion will fully protect aquatic life uses. Virginia
					 Pollutant Discharge Elimination System limitations in Class VII waters shall
					 not cause significant changes to the naturally occurring dissolved oxygen and
					 pH fluctuations in these waters.
**Maximum temperature will be the same as that for Classes
					 I through VI waters as appropriate.
***The water quality criteria in this section do not apply
					 below the lowest flow averaged (arithmetic mean) over a period of seven
					 consecutive days that can be statistically expected to occur once every 10
					 climatic years (a climatic year begins April 1 and ends March 31). See
					 9VAC25-260-310 and
					 9VAC25-260-380 through
					 9VAC25-260-540 for site specific
					 adjustments to these criteria.
****For a thermally stratified man-made lake or reservoir
					 in Class III, IV, V, or VI waters that are listed in
					 9VAC25-260-187, these dissolved
					 oxygen and pH criteria apply only to the epilimnion of the waterbody. When
					 these waters are not stratified, the dissolved oxygen and pH criteria apply
					 throughout the water column.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; Clean Water Act (33 USC §
													1251 et seq.);
						40 CFR Part
						131.
The amended version of this section by
					 Virginia
					 Register Volume 40, Issue 24, eff.
					 6/26/2024 is not yet
					 available.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 260 - WATER QUALITY STANDARDS › Part I - Surface Water Standards with General, Statewide Application › Section 9VAC25-260-60 - Rise above natural temperature

Current through Register Vol. 40, No. 24, July 15, 2024
Any rise above natural temperature shall not exceed
					 3°C except in the case of Class VI waters (natural trout waters), where it
					 shall not exceed 1°C. However, the board can, on a case-by-case basis,
					 impose a more stringent limit on the rise above natural temperature. Natural
					 temperature is defined as that temperature of a body of water (measured as the
					 arithmetic average over one hour) due solely to natural conditions without the
					 influence of any point-source discharge.
Statutory Authority
§§ 62.1-44.15(3) and (10) of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 260 - WATER QUALITY STANDARDS › Part I - Surface Water Standards with General, Statewide Application › Section 9VAC25-260-70 - Maximum hourly temperature change

Current through Register Vol. 40, No. 24, July 15, 2024
The maximum hourly temperature change shall not exceed
					 2°C, except in the case of Class VI waters (natural trout waters) where it
					 shall not exceed 0.5°C. These criteria shall apply beyond the boundaries of
					 mixing zones and are in addition to temperature changes caused by natural
					 conditions.
Statutory Authority
§ 62.1-44.15(3a) of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 260 - WATER QUALITY STANDARDS › Part I - Surface Water Standards with General, Statewide Application › Section 9VAC25-260-80 - Thermal discharges into lakes and impoundments

Current through Register Vol. 40, No. 24, July 15, 2024
In lakes and impoundments receiving thermal discharges,
					 the temperature of the epilimnion, or surface water when there is no
					 stratification, shall not be raised more than 3°C above that which existed
					 before the addition of heat of artificial origin. The board may, on a
					 case-by-case basis, impose a more stringent limit on temperature rise. The
					 increase shall be based on the monthly average of the maximum daily
					 temperature. The temperature of releases from these lakes and impoundments
					 shall be consistent with standards established for the receiving waters. When
					 an applicant for a permit proposes either a discharge of heated effluent into
					 the hypolimnion or the pumping of water from the hypolimnion for return back
					 into the same body of water, such practice shall not be approved unless a
					 special study shows that the practice will not produce adverse
					 effects.
Statutory Authority
§ 62.1-44.15(3a) of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 260 - WATER QUALITY STANDARDS › Part I - Surface Water Standards with General, Statewide Application › Section 9VAC25-260-90 - Thermal variances

Current through Register Vol. 40, No. 24, July 15, 2024
The temperature limits set forth in
					 9VAC25-260-50 through
					 9VAC25-260-80 may be superseded in
					 certain locations where a thermal variance demonstration is performed in
					 accordance with § 316(a) of the Clean Water Act.
A successful demonstration accepted by the board
					 concerning thermal discharge limits carried out under § 316(a) of the
					 Clean Water Act shall constitute compliance with the temperature requirements
					 of these standards. A successful demonstration must assure the protection and
					 propagation of a balanced indigenous population of aquatic species and wildlife
					 in or on the water into which the discharge is made. When making a
					 determination concerning thermal discharge limits under § 316(a) of the
					 Clean Water Act, the board shall provide notice and opportunity for a public
					 hearing.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; 33 USC §
						1251 et seq. of the federal Clean Water Act; 40 CFR Part
						131.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 260 - WATER QUALITY STANDARDS › Part II - Standards with More Specific Application › Section 9VAC25-260-160 - Fecal coliform bacteria; shellfish waters

Current through Register Vol. 40, No. 24, July 15, 2024
In all open ocean or estuarine waters capable of
					 propagating shellfish or in specific areas where public or leased private
					 shellfish beds are present, and including those waters on which condemnation
					 are established by the State Department of Health, the following criteria for
					 fecal coliform bacteria shall apply:
The geometric mean fecal coliform value for a sampling
					 station shall not exceed an MPN (most probable number) or MF (membrane
					 filtration using mTEC culture media) of 14 per 100 milliliters (ml). The
					 estimated 90th percentile shall not exceed an MPN of 43 per 100 ml for a 5-tube
					 decimal dilution test or an MPN of 49 per 100 ml for a 3-tube decimal dilution
					 test or MF test of 31 CFU (colony forming units) per 100 ml.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; 33 USC §
						1251 et seq. of the federal Clean Water Act; 40 CFR Part
						131.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 260 - WATER QUALITY STANDARDS › Part II - Standards with More Specific Application › Section 9VAC25-260-170 - Bacteria; other recreational waters

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following bacteria criteria
				  (counts/100ml) shall apply to protect primary contact recreational uses in
				  surface waters, except waters identified in subsection B of this section:
In freshwater, E. coli bacteria shall not exceed a
					 geometric mean of 126 counts/100ml and shall not have greater than a 10%
					 excursion frequency of a statistical threshold value (STV) of 410 counts/100
					 ml, both in an assessment period of up to 90 days.
In transition and saltwater, Enterococci bacteria shall not
					 exceed a geometric mean of 35 counts/100ml and shall not have greater than a
					 10% excursion frequency of a statistical threshold value (STV) of 130
					 counts/100ml, both in an assessment period of up to 90 days.
1. See
				  9VAC25-260-140
				  C for boundary delineations for freshwater, transition and saltwater.
2. In VPDES discharges to
				  freshwater, bacteria in effluent requiring disinfection shall not exceed a
				  monthly geometric mean of E. coli bacteria of 126 counts/100ml. Alternative
				  performance standards may be established where an approved long term control
				  plan establishes an alternative level of disinfection for a combined sewer
				  system.
In VPDES discharges to transition and saltwater, bacteria
					 in effluent requiring disinfection shall not exceed a monthly geometric mean of
					 enterococci bacteria of 35 counts/100ml.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 260 - WATER QUALITY STANDARDS › Part II - Standards with More Specific Application › Section 9VAC25-260-186 - Virginia Pollutant Discharge Elimination System permits and schedules of compliance

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  deemed necessary to meet the requirements of
				  9VAC25-260-185, the board shall
				  issue or modify Virginia Pollutant Discharge Elimination System permits for
				  point source dischargers located throughout the tidal and nontidal sections of
				  the following river basins: Potomac (9VAC25-260-390 and
				  9VAC25-260-400 ), James
				  (9VAC25-260-410,
				  9VAC25-260-415,
				  9VAC25-260-420 and
				  9VAC25-260-430 ), Rappahannock
				  (9VAC25-260-440 ), York
				  (9VAC25-260-530 ) and Chesapeake
				  Bay/Small Coastal Basins (subdivisions 2 through 3g of
				  9VAC25-260-520 ).
B. National Pollutant Discharge Elimination
				  System permits issued by permitting authorities with the Chesapeake Bay
				  watershed may include a compliance schedule in accordance with implementing
				  regulations requiring compliance as soon as possible with nutrient load
				  limitations assigned to individual dischargers.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 260 - WATER QUALITY STANDARDS › Part VI - Procedural Requirements › Section 9VAC25-260-250 - Procedural requirements for variances due to natural conditions, temperature and section 316(a) thermal variances

Current through Register Vol. 40, No. 24, July 15, 2024
A. The standards in this chapter
				  notwithstanding, as a result of natural conditions, water quality may from time
				  to time vary from established limits as a result of natural
				  conditions.
B. When the maximum
				  temperature of stockable trout waters exceeds, solely due to natural
				  conditions, the maximum allowable temperature criterion specified in
				  9VAC25-260-50, the board, on a
				  case-by-case basis, may grant a variance to the maximum temperature criterion
				  and will use the naturally occurring maximum temperature in setting effluent
				  limits in permits. The public notice for any permit proposed to be issued or
				  reissued by the board will contain reference to any proposed granting of such a
				  variance.
C. Variances under §
				  316(a) of the Clean Water Act and under subsection B of this section are
				  site-specific case decisions that do not require a standards
				  amendment.
Statutory Authority
§ 62.1-44.15(3a) of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 260 - WATER QUALITY STANDARDS › Part VI - Procedural Requirements › Section 9VAC25-260-260 - Modification, amendment, and cancellation of standards

Current through Register Vol. 40, No. 24, July 15, 2024
A. Under the authority of §
				  62.1-44.15(3)(b) of the State Water Control Law, the board reserves the right
				  at any time to modify, amend, or cancel any of the rules, policies, or
				  standards set forth here. Such modification, amendment, or cancellation shall
				  be consistent with requirements of § 303 of the Clean Water Act, as
				  amended, and regulations promulgated under it.
B. Within three years after December 10,
				  1997, the department shall perform an analysis on this chapter and provide the
				  board with a report on the results. The analysis shall include (i) the purpose
				  and need for the chapter; (ii) alternatives which would achieve the stated
				  purpose of this chapter in a less burdensome and less intrusive manner; (iii)
				  an assessment of the effectiveness of this chapter; (iv) the results of a
				  review of current state and federal statutory and regulatory requirements,
				  including identification and justification of requirements of this chapter
				  which are more stringent than federal requirements; and (v) the results of a
				  review as to whether this chapter is clearly written and easily understandable
				  by affected entities.
Upon review of the department's analysis, the board shall
					 confirm the need to (i) continue this chapter without amendment; (ii) repeal
					 this chapter; or (iii) amend this chapter. If the board's decision is to repeal
					 or amend this chapter, the board shall authorize the department to initiate the
					 applicable regulatory process to carry out the decision of the
					 board.
Statutory Authority
§ 62.1-44.15(3a) of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 260 - WATER QUALITY STANDARDS › Part VI - Procedural Requirements › Section 9VAC25-260-270 - Shellfish buffer zones; public hearing

Current through Register Vol. 40, No. 24, July 15, 2024
Before acting on any proposal for a project that, while
					 not contravening established numeric criteria for shellfish waters, would
					 result in condemnation by the State Health Department of shellfish beds, the
					 board shall convene a public hearing to determine the socio-economic effect of
					 the proposal. Such proposals include discharge of treated waste or proposals to
					 otherwise alter the biological, chemical or physical properties of state
					 waters. If the Marine Resources Commission or the Virginia Institute of Marine
					 Science certify that the project would have no effect on the shellfish use now
					 and in the foreseeable future, the board may dispense with such hearing.
When the board finds that the proposed project will result
					 in shellfish bed condemnation and if the condemnation will violate the general
					 standard, it shall disapprove the proposal.
Statutory Authority
§ 62.1-44.15(3a) of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 260 - WATER QUALITY STANDARDS › Part VI - Procedural Requirements › Section 9VAC25-260-280 - Analytical procedures

Current through Register Vol. 40, No. 24, July 15, 2024
Analytical testing should be done in accordance with
					 accepted procedures in 40 CFR 136, as amended or other board/EPA recognized and
					 approved methods.
Statutory Authority
§§ 62.1-44.15(3) and (10) of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 260 - WATER QUALITY STANDARDS › Part VI - Procedural Requirements › Section 9VAC25-260-300 - Classification of tributary streams

Current through Register Vol. 40, No. 24, July 15, 2024
Any tributary stream which is not named in a specific
					 section description in Part IX (River Basin Section Tables), shall carry the
					 same classification and standards of quality assigned to the stream or section
					 to which it is tributary, except in the case of trout streams. Streams
					 classified as trout waters are specifically named.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 260 - WATER QUALITY STANDARDS › Part VIII - Nutrient Enriched Waters › Section 9VAC25-260-330 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The board recognizes that nutrients are contributing to
					 undesirable growths of aquatic plant life in surface waters of the
					 Commonwealth. This standard establishes a designation of "nutrient enriched
					 waters". Designations of surface waters of the Commonwealth as "nutrient
					 enriched waters" are determined by the board based upon an evaluation of the
					 historical water quality data for one or more of the following indicators of
					 nutrient enrichment: chlorophyll "a" concentrations, dissolved oxygen
					 fluctuations, and concentrations of total phosphorus.
Statutory Authority
§§ 62.1-44.15(3) and (10) of the Code of
						Virginia.