reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 190 - LITTER RECEPTACLE REGULATIONS › Section 9VAC20-190-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
				  shall have the following meanings unless the context clearly indicates
				  otherwise:
"Anti-litter symbol" means any symbol or logo that depicts
				  or instructs in the proper deposit of litter.
"Board" means the Virginia Waste Management Board.
"Construction site" means any residential, commercial,
				  industrial or other area, lot or site at which construction of any type is
				  conducted, including roads, at buildings, and at all other places actively
				  being constructed or renovated.
"Department" means the Department of Environmental
				  Quality.
"Litter" means all waste material, disposable packages or
				  containers but does not include the wastes of the primary processes of mining,
				  logging, sawmilling, farming, or manufacturing.
"Litter receptacle" means containers acceptable to the
				  department for the depositing of litter.
"Person" means any natural person, corporation, association,
				  firm, receiver, guardian, trustee, executor, administrator, fiduciary,
				  representative, or group of individuals or entities of any kind.
"Public building" means a building that is owned or operated
				  by government and is used as a place to conduct business in which the general
				  public is involved.
"Public place" means any area that is used or held out for
				  use by the public, whether owned or operated by public or private
				  interests.
Statutory Authority
§§ 10.1-1414, 10.1-1419 and 10.1-1421 of the
					 Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 190 - LITTER RECEPTACLE REGULATIONS › Section 9VAC20-190-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
Sections 10.1-1414, 10.1-1419, and 10.1-1421 of the Code of
				  Virginia require the board to promulgate regulations that establish reasonable
				  guidelines for placement and maintenance of litter receptacles throughout the
				  Commonwealth. These regulations apply to owners or persons in control of any
				  property that is held out to the public as a place for assemblage, for the
				  transaction of business or recreation, or as a public way.
Statutory Authority
§§ 10.1-1414, 10.1-1419 and 10.1-1421 of the
					 Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 190 - LITTER RECEPTACLE REGULATIONS › Section 9VAC20-190-30 - Responsibilities to procure, place and maintain receptacles

Current through Register Vol. 40, No. 24, July 15, 2024
Any person owning or operating any establishment or public
				  place at which litter receptacles are required by this chapter shall at his own
				  expense be responsible for the procuring, placing, and maintenance of
				  receptacles as required by this chapter.
Statutory Authority
§§ 10.1-1414, 10.1-1419 and 10.1-1421 of the
					 Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 190 - LITTER RECEPTACLE REGULATIONS › Section 9VAC20-190-40 - Places or areas requiring litter receptacles

Current through Register Vol. 40, No. 24, July 15, 2024
Litter receptacles are required at the following public
				  places:
1. Public highways;
2. Parks;
3. Campgrounds and trailer parks;
4. Drive-in restaurants;
5. Quick service or fast-food
				restaurants;
6. Self-service
				refreshment areas;
7. Construction
				sites;
8. Gasoline service
				stations;
9. Shopping
				centers;
10. Parking lots operated
				for public use;
11. Marinas, boat
				moorage and fueling stations;
12.
				Boat launching areas;
13. Public
				and private piers that are operated for public use;
14. Beaches and bathing areas;
15. Sidewalks in business
				districts;
16. Public buildings,
				including schools; and
17. Sporting
				events, fairgrounds, carnivals, circuses, festivals, and other similar events
				to which the public is invited.
Statutory Authority
§§ 10.1-1414, 10.1-1419 and 10.1-1421 of the
					 Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 190 - LITTER RECEPTACLE REGULATIONS › Section 9VAC20-190-60 - Minimum standards

Current through Register Vol. 40, No. 24, July 15, 2024
Litter receptacles purchased and placed in compliance with
				  this chapter shall meet the following minimum standards:
1. The receptacle shall:
a. Be of not less than a 10-gallon
				capacity.
b. Be constructed of such
				quality as to maintain the original shape when placed at an outdoor location
				and be reasonably resistant to rust and corrosion. Construction and
				configuration of all receptacles shall be in conformance with all pertinent
				laws, ordinances, resolutions, or regulations pertaining to fire, safety,
				public health, and welfare.
c. Be
				reasonably stationary and reasonably secure from movement and destruction by
				vandals.
d. Be constructed,
				covered, or used in such a manner as to prevent or preclude the blowing of
				litter from the receptacle.
e. Be
				serviced with a frequency sufficient to prevent spillage from overflow and to
				prevent the buildup of offensive odors.
f. Be maintained sufficiently to present an
				appearance that is aesthetically pleasing.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 190 - LITTER RECEPTACLE REGULATIONS › Section 9VAC20-190-70 - Removal of litter from receptacles

Current through Register Vol. 40, No. 24, July 15, 2024
The responsibility for the removal of litter from
				  receptacles placed at parks, beaches, campgrounds, trailer parks and other
				  public places shall remain upon those state and local agencies now performing
				  litter removal services. The removal of litter from litter receptacles placed
				  on private property used by the public shall remain the duty of the owner or
				  operator of such private property.
Statutory Authority
§§ 10.1-1414, 10.1-1419 and 10.1-1421 of the
					 Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 190 - LITTER RECEPTACLE REGULATIONS › Section 9VAC20-190-80 - Penalties

Current through Register Vol. 40, No. 24, July 15, 2024
Any person who fails to place and maintain litter
				  receptacles in a public place in the number and manner required by this chapter
				  or who violates the provisions of this chapter shall be subject to a fine of
				  $25 for each day of violation.
Statutory Authority
§§ 10.1-1414, 10.1-1419 and 10.1-1421 of the
					 Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 190 - LITTER RECEPTACLE REGULATIONS › Form - FORMS (9VAC20-190)

Current through Register Vol. 40, No. 24, July 15, 2024
Locality Recycling Rate Report, DEQ Form 50-30 (rev.
				  10/12/01).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 200 - MERCURY SWITCH REGULATIONS › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC20-200)

Current through Register Vol. 40, No. 24, July 15, 2024
Memorandum of Understanding to Establish the National
				  Vehicle Mercury Switch Recovery Program between United States Environmental
				  Protection Agency and Signatories, August 11, 2006.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 9VAC25-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 State Water Control Board. This chapter does not apply to regulations,
					 guidelines, or other documents exempted or excluded from the provisions of the
					 Administrative Process Act (§ 2.2-4000 et seq. of the Code of
					 Virginia).
Statutory Authority
§§ 2.2-4007.02 and 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 9VAC25-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall
				  maintain a list of persons who have requested to be notified of regulatory
				  actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 9VAC25-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons electing to receive electronic
				  notification or notification through a postal carrier as described in
				  9VAC25-11-30, the agency shall send
				  the following information:
1. A notice of
				  intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC25-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to (i) submit data, views, and
				  arguments, either orally or in writing, to the agency; and (ii) be accompanied
				  by and represented by counsel or other representative. Such opportunity to
				  comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC25-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC25-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC25-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC25-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC25-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC25-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part I - Definitions › Section 9VAC25-15-10 - Use of terms

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the
				  purpose of this chapter and subsequent amendments to it, of regulations of the
				  board, or of orders issued by the board, the words or terms shall have the
				  meanings given them in
				  9VAC25-15-20.
B. Unless specifically defined in the
				  Virginia Water Control Law or in the regulations of the board, terms used shall
				  have the meanings commonly ascribed to them.
Statutory Authority
§ 10.1-1186.3 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC25-15-30 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provisions
				  of this chapter, unless specified otherwise, shall apply throughout the
				  Commonwealth of Virginia.
B. The
				  provisions of this chapter, unless specified otherwise, shall apply in the
				  administration of all regulations of the board to the extent not covered by a
				  specific regulation of the board. In cases where the provisions of this chapter
				  conflict with another regulation of the board, the provisions of the other
				  regulation shall apply.
C. No
				  provision of this chapter shall limit the power of the board to take
				  appropriate action as necessary to carry out its duties under the Virginia
				  Water Control Law.
D. By the
				  adoption of this chapter, the board confers upon the director the
				  administrative, enforcement, and decision-making authority articulated in this
				  chapter.
E. Nothing in this chapter
				  shall create or alter any right, action, or cause of action, or be interpreted
				  or applied in a manner inconsistent with the Administrative Process Act (§
				  2.2-4000 et seq. of the Code of Virginia), with applicable federal law, or with
				  any applicable requirement for the Commonwealth to obtain or maintain federal
				  delegation or approval of any regulatory program.
F. For a permit in dispute, dispute
				  resolution may not be initiated after the final permit is issued. For a
				  regulation in dispute, dispute resolution may not be initiated after the final
				  regulation is adopted.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC25-15-40 - Purpose and scope

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter
				  shall be construed to encourage the fair, expeditious, voluntary, consensual
				  resolution of disputes. It shall not be construed to preclude collaborative
				  community problem solving.
B.
				  Dispute resolution shall be used to resolve only those disputes that reveal
				  significant issues of disagreement among parties and may be used unless the
				  board decides that it is not in the public interest to do so.
C. The decision to employ dispute resolution
				  is in the board's sole discretion and is not subject to judicial
				  review.
D. The outcome of any
				  dispute resolution procedure shall not be binding upon the board but may be
				  considered by the board in issuing a permit or promulgating a
				  regulation.
E. Dispute resolution
				  may be used to resolve a dispute relating to the promulgation, amendment, or
				  repeal of a regulation that is subject to the public participation process
				  prescribed in Article 2 (§ 2.2-4006 et seq. of the Code of Virginia) of
				  the Administrative Process Act.
F.
				  Dispute resolution may be used to resolve a dispute involving any process
				  relating to the issuance of a permit. Dispute resolution may be used in this
				  case only with the consent and participation of the permit applicant and may be
				  terminated at any time at the request of the permit applicant.
G. The board shall consider not using dispute
				  resolution in the circumstances listed in § 10.1-1186.3 A of the Code of
				  Virginia.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC25-15-50 - Costs

Current through Register Vol. 40, No. 24, July 15, 2024
A. Compensation of
				  the neutral and any other associated common costs, such as rental fees, shall
				  be the responsibility of the parties. Compensation of each party's counsel and
				  other individual costs shall be the responsibility of that party alone, unless
				  the parties agree otherwise.
B. An
				  agreement regarding compensation and other associated costs shall be reached
				  between the neutral and the parties before the dispute resolution procedure
				  commences and shall be memorialized in writing.
C. In the absence of an agreement to the
				  contrary, all costs shall be paid by the parties in equal shares.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC25-15-60 - Date, time, and place

Current through Register Vol. 40, No. 24, July 15, 2024
The dispute resolution procedure shall be conducted in any
					 place within the Commonwealth of Virginia, on any date, and at any time
					 agreeable to the parties and the neutral .
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC25-15-70 - Attendance at the dispute resolution procedure

Current through Register Vol. 40, No. 24, July 15, 2024
A. All parties shall attend all sessions of
				  the dispute resolution procedure. Any party who fails to attend any session
				  shall be conclusively deemed to have dropped out of the dispute resolution
				  procedure. A party may satisfy the attendance requirement by sending a
				  representative familiar with the facts of the case. This representative shall
				  have the authority to negotiate and to recommend settlement to the party that
				  he represents.
B. Any party may
				  have the assistance of an attorney or other representative during any session
				  of the dispute resolution procedure.
C. Persons who are not parties or
				  representatives of parties may attend dispute resolution sessions only with the
				  permission of all parties and with the consent of the neutral .
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC25-15-90 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  general, when a dispute has been referred to dispute resolution, the public
				  shall be so notified by a notice placed in the Virginia Register of
				  Regulations. The public also may be notified by any other means deemed
				  appropriate by the board. The notice shall state the nature of the dispute and
				  the name, telephone number, postal address, and e-mail address of the
				  department staff person to whom a member of the public should apply in order to
				  become a party. The notice shall allow for a response time of at least 10
				  business days following publication.
B. Anyone who is interested in becoming a
				  party in the pending dispute resolution and who meets the eligibility criteria
				  specified in the definition of "party" in
				  9VAC25-15-20 shall, within the time
				  allotted in the notice, apply to the department staff person listed in the
				  notice. The application shall include the name, telephone number, postal
				  address, and, if applicable, the fax number and e-mail address of the
				  interested person. The application shall also include a brief statement setting
				  forth the factual nature and the extent of the interest of the requester in the
				  dispute.
C. The director shall
				  respond to the application of the interested person in writing, explaining the
				  obligations of a party to dispute resolution concerning attendance and costs.
				  The director shall also request that the interested person submit a dated and
				  signed statement as follows: "I understand that by becoming a party to dispute
				  resolution, I am obligated to abide by Virginia law and regulations concerning
				  dispute resolution and that I incur partial financial responsibility for the
				  dispute resolution procedure."
D.
				  After receiving the signed and dated statement from the interested person as
				  required by subsection C of this section, the director may consider this person
				  a party and proceed accordingly.
Statutory Authority: §
												10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC25-15-100 - Standards for and authority of neutral

Current through Register Vol. 40, No. 24, July 15, 2024
A. A neutral participating in a dispute
				  resolution procedure pursuant to this chapter shall comply with all provisions
				  of this section. A neutral shall indicate compliance by filing with the
				  director a signed, written statement as follows: "I agree to comply with
				  Virginia's statutes and regulations governing dispute resolution, including
				  § 10.1-1186.3 of the Code of Virginia and
				  9VAC25-15-10 et seq."
B. A neutral acting as a mediator shall
				  adhere to the Judicial Council of Virginia's Standards of Ethics and
				  Professional Responsibility for Certified Mediators, effective July 1, 2011,
				  and the standards and duty provisions of § 8.01-581.24 of the Code of
				  Virginia. A neutral conducting a nonmediation dispute resolution proceeding
				  shall adhere to the requirements of § 8.01-576.9 of the Code of
				  Virginia.
C. If a complaint is made
				  to the director that a neutral has failed to comply with all the provisions of
				  the applicable regulations, laws, and Judicial Council Standards during a
				  dispute resolution proceeding, the director shall notify the neutral of the
				  complaint and shall give the neutral 10 business days to respond in writing. If
				  the director deems the response unsatisfactory, or if no response is made by
				  the deadline, the director shall remove the neutral from the ongoing dispute
				  resolution process. The parties to the terminated dispute resolution procedure
				  shall decide whether to continue in the same dispute resolution procedure with
				  a new neutral , to begin a new dispute resolution procedure, or to forego
				  further dispute resolution.
D. The
				  recommendation of a neutral is not a case decision as defined in §
				  2.2-4001 of the Administrative Process Act and therefore may not be
				  appealed.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC25-15-110 - Resumes of neutrals and descriptions of dispute resolution programs

Current through Register Vol. 40, No. 24, July 15, 2024
The department may maintain a file containing the resumes
					 of neutrals and descriptions of dispute resolution programs. The file shall
					 contain a disclaimer stating, "Inclusion of a resume or dispute resolution
					 program description in this file does not constitute an endorsement of a
					 neutral or a dispute resolution program, nor should negative implications be
					 drawn from the fact that a neutral's resume or a dispute resolution program
					 description is not included in this file. Parties are not obligated to choose a
					 neutral or dispute resolution program from those whose resumes and descriptions
					 are maintained in this file."
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC25-15-120 - Enforcement of written settlement agreement

Current through Register Vol. 40, No. 24, July 15, 2024
The board may incorporate the terms of the written
					 settlement agreement into decisions pertinent to the case.
Statutory Authority
§ 10.1-1186.3 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC25-15-130 - Referral of disputes to dispute resolution

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board, consistent with the provisions
				  of 9VAC25-15-40 G, may refer a dispute
				  to dispute resolution.
B. A party
				  other than the board may request dispute resolution by applying to the
				  director.
1. The application shall contain
				  the following:
a. A request for dispute
				  resolution, specifying mediation or another dispute resolution
				  procedure;
b. The names, postal
				  addresses, telephone numbers, fax numbers, e-mail addresses, or other
				  appropriate communication addresses or numbers of all known parties to the
				  dispute and of their attorneys, if known; and
c. A statement of issues and a summary of the
				  basis for the dispute.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part III - Mediation Procedures › Section 9VAC25-15-140 - Appointment of mediator

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the
				  director has decided that mediation is appropriate, any party may nominate a
				  mediator.
B. If all parties agree
				  with the nomination, the director shall appoint that person the mediator for
				  the case and shall notify the parties accordingly.
C. If all parties do not agree with the
				  nomination, the following procedure shall apply:
1. By a date specified by the director, each
				  party shall name up to three mediators who would be acceptable to that party.
				  These mediators may or may not have resumes on file with the
				  department.
2. The director shall
				  compile a list of the names submitted and send it to the parties.
3. Upon receipt of the list, each party may
				  strike two names and return the list to the director within 14 business days
				  following the date on which the list was mailed.
4. On the next business day after the 14-day
				  period expires or as soon as practicable thereafter, the director shall appoint
				  a mediator from the remaining list of names and shall notify the parties
				  accordingly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part III - Mediation Procedures › Section 9VAC25-15-150 - Orientation session

Current through Register Vol. 40, No. 24, July 15, 2024
A. Once the
				  mediator has been appointed, the board shall issue a referral to the mediator
				  and the parties. This referral shall include a list of the information that the
				  board, in its preliminary judgment, expects to use in making its final decision
				  regarding the case. This list shall contain the caveat that the board may
				  require other information as yet unspecified at some point in the future. All
				  parties shall attend one orientation session with the mediator unless excused
				  pursuant to subsection B of this section.
B. The board shall excuse a party from
				  participation in the orientation session if, within 14 business days after
				  issuance of the order of referral, a statement signed by the party is filed
				  with the board. This statement shall declare that the mediation process has
				  been explained to the party and that the party does not wish to participate in
				  the orientation session.
C. The
				  orientation session shall be conducted at any place within the Commonwealth of
				  Virginia, at any time, and on any date convenient to the mediator and the
				  parties.
D. At least seven business
				  days before the orientation session, each party shall provide the mediator with
				  a statement outlining his perspective on the facts and issues of the case. At
				  the discretion of the mediator, these statements may be mutually exchanged by
				  the parties.
E. During the
				  orientation session, the parties, assisted by the mediator, shall determine the
				  manner in which the issues in dispute shall be framed and addressed. In the
				  absence of agreement by the parties, the mediator shall make this
				  determination.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part III - Mediation Procedures › Section 9VAC25-15-160 - Continuation, termination, and resolution of mediation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Following the orientation session,
				  mediation shall proceed in any manner agreed on by the parties and the mediator
				  in conformance with the provisions of
				  9VAC25-15-50 through
				  9VAC25-15-80.
B. Mediation may be terminated through
				  written notice by the permit applicant or the director at any time before
				  settlement is reached.
C. Mediation
				  shall continue if a party other than the permit applicant or the director
				  chooses to opt out of mediation following the orientation session. A party who
				  chooses to opt out of mediation at any time following the orientation session
				  shall not be bound by any written settlement agreement resulting from the
				  mediation but shall be bound by the cost provisions of
				  9VAC25-15-50 and the
				  confidentiality provisions of
				  9VAC25-15-80.
D. If the mediation is terminated before
				  settlement is reached, the parties shall resume the same status as before
				  mediation and may proceed with the formal adjudication as if mediation had not
				  taken place. The board shall not refer the case to mediation a second
				  time.
E. If the mediation results
				  in settlement, a written settlement agreement shall be signed and dated by each
				  party or by that party's authorized representative.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part III - Mediation Procedures › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-15)

Current through Register Vol. 40, No. 24, July 15, 2024
Standards
					 of Ethics and Professional Responsibility for Certified Mediators, Office of
					 the Executive Secretary of the Supreme Court of Virginia, adopted by the
					 Judicial Council of Virginia, effective July 1, 2011
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 20 - FEES FOR PERMITS AND CERTIFICATES › Part I - General › Section 9VAC25-20-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
Section 62.1
				  -44.15:6 of the Code of Virginia requires the promulgation of regulations
				  establishing a fee assessment and collection system to recover a portion of the
				  Department of Environmental Quality's, Department of Game and Inland
				  Fisheries', and the Department of Conservation and Recreation's direct and
				  indirect costs associated with the processing of an application to issue,
				  reissue, or modify any permit, permit authorization or certificate which the
				  board or department has the authority to issue from the applicant for such
				  permit, permit authorization or certificate. Section 62.1-44.19:3 of the Code
				  of Virginia requires the promulgation of regulations establishing a fee to be
				  charged to all permit holders and persons applying for permits and permit
				  modifications associated with land application of biosolids. Section 62.1-44.16
				  of the Code of Virginia requires the promulgation of regulations requiring the
				  payment of a fee by persons land applying solid or semisolid industrial wastes.
				  Section 62.1-44.19:3 of the Code of Virginia also requires the promulgation of
				  regulations requiring the payment of a fee by persons land applying biosolids.
				  These regulations establish the required fee assessment and collection
				  system.
Statutory Authority: §§ 62.1-44.15:6,
						62.1-44.16, and 62.1-44.19:3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 20 - FEES FOR PERMITS AND CERTIFICATES › Part I - General › Section 9VAC25-20-40 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter
				  applies to:
1. All applicants for issuance of
				  a new permit, permit authorization or certificate, or reissuance of an existing
				  permit, permit authorization or certificate, except as specifically exempt
				  under 9VAC25-20-50 A. The fee due shall
				  be as specified under
				  9VAC25-20-110 or
				  9VAC25-20-130.
2. All permit, permit authorization or
				  certificate holders who request that an existing permit, permit authorization
				  or certificate be modified, except as specifically exempt under
				  9VAC25-20-50 A 3 or
				  9VAC25-20-50 A 6. The fee due shall
				  be as specified under
				  9VAC25-20-120.
3. All land appliers land applying biosolids
				  or industrial residuals on permitted sites in the Commonwealth of Virginia. The
				  fee due shall be as specified under
				  9VAC25-20-146.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 20 - FEES FOR PERMITS AND CERTIFICATES › Part I - General › Section 9VAC25-20-50 - Exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. No permit
				  application fees will be assessed to:
1. An
				  applicant for a permit, permit authorization, certificate or special exception
				  pertaining to a farming operation engaged in production for market.
2. An applicant for a permit, permit
				  authorization, or certificate pertaining to maintenance dredging for federal
				  navigation channels or other U.S. Army Corps of Engineers-sponsored or
				  Department of the Navy-sponsored dredging projects.
3. Permit holders who request minor
				  modifications or minor amendments to permits, permit authorizations or
				  certificates as defined in
				  9VAC25-20-10.
4. Permit, permit authorization or
				  certificate holders whose permits, permit authorizations or certificates are
				  modified or amended at the initiative of the department.
5. VPDES permit holders or VPA permit holders
				  for the regularly scheduled renewal of an individual permit for an existing
				  facility, except VPDES and VPA permit holders whose permits expire on or before
				  December 27, 2004.
6. An applicant
				  for a permit, permit authorization, permit modification, or certificate
				  pertaining solely to biosolids research.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 20 - FEES FOR PERMITS AND CERTIFICATES › Part II - Payment, Deposits, and Use of Fees › Section 9VAC25-20-60 - Due dates

Current through Register Vol. 40, No. 24, July 15, 2024
A. Virginia
				  Pollutant Discharge Elimination System (VPDES) and Virginia Pollution Abatement
				  (VPA) permits.
1. Application fees for all
				  new permit applications are due on the day an application is submitted and
				  shall be paid in accordance with
				  9VAC25-20-70 A.
				  Applications will not be processed without payment of the required
				  fee.
2. For reissuance of permits
				  that expire on or before December 27, 2004, the application fee for new permit
				  applications as set forth in this regulation is due on the day the application
				  is submitted.
3. An application fee
				  is due on the day an application is submitted for either a major modification
				  or a permit reissuance that occurs (and becomes effective) before the stated
				  permit expiration date. There is no application fee for a regularly scheduled
				  renewal of an individual permit for an existing facility, unless the permit for
				  the facility expires on or before December 27, 2004. There is no application
				  fee for a major modification or amendment that is made at the department's
				  initiative.
4. Permit maintenance
				  fees shall be paid to the department by October 1 of each year. Additional
				  permit maintenance fees for facilities that are authorized to land apply,
				  distribute, or market biosolids; are in a toxics management program; or have
				  more than five process wastewater discharge outfalls at a single facility (not
				  including "internal" outfalls) shall also be paid to the department by October
				  1 of each year. No permit will be reissued or administratively continued
				  without payment of the required fee.
a.
				  Existing individual permit holders with an effective permit as of July 1, 2004
				  (including permits that have been administratively continued) shall pay the
				  permit maintenance fee or fees to the department by October 1, 2004, unless one
				  of the following conditions apply:
(1) The
				  permit is terminated prior to October 1, 2004; or
(2) The permit holder applied or reapplied
				  for a municipal minor VPDES permit with a design flow of 10,000 gallons per day
				  or less between July 1, 2003, and July 1, 2004, and paid the applicable permit
				  application fee.
b.
				  Effective April 1, 2005, any permit holder whose permit is effective as of
				  April 1 of a given year (including permits that have been administratively
				  continued) shall pay the permit maintenance fee or fees to the department by
				  October 1 of that same year.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 20 - FEES FOR PERMITS AND CERTIFICATES › Part II - Payment, Deposits, and Use of Fees › Section 9VAC25-20-70 - Method of payment

Current through Register Vol. 40, No. 24, July 15, 2024
A. Fees shall be
				  paid by check, draft or postal money order payable to the Treasurer of
				  Virginia, or submitted electronically (if available), and must be in U.S.
				  currency, except that agencies and institutions of the Commonwealth of Virginia
				  may submit Interagency Transfers for the amount of the fee. All fees shall be
				  sent to the following address (or submitted electronically, if available):
				  Department of Environmental Quality, Receipts Control, P.O. Box 1105, Richmond,
				  Virginia 23218.
B. Required
				  information. All applicants for new permit issuance, permit reissuance or
				  permit modification shall submit the following information along with the fee
				  payment:
1. Applicant name, address and
				  daytime phone number.
2. Applicant
				  Federal Identification Number (FIN).
3. The name of the facility/activity, and the
				  facility/activity location.
4. The
				  type of permit applied for.
5.
				  Whether the application is for a new permit issuance, permit reissuance or
				  permit modification.
6. The amount
				  of fee submitted.
7. The existing
				  permit number, if applicable.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 20 - FEES FOR PERMITS AND CERTIFICATES › Part II - Payment, Deposits, and Use of Fees › Section 9VAC25-20-80 - Incomplete payments and late payments

Current through Register Vol. 40, No. 24, July 15, 2024
All incomplete payments will be deemed as
					 nonpayments.
Interest may be charged for late payments at the
					 underpayment rate set out by the U.S. Internal Revenue Service established
					 pursuant to § 6621(a)(2) of the Internal Revenue Code. This rate is
					 prescribed in § 58.1-15 of the Code of Virginia and is calculated on a
					 monthly basis at the applicable periodic rate.
A 10% late payment fee may be charged to any delinquent
					 (over 90 days past due) account.
The Department of Environmental Quality is entitled to all
					 remedies available under the Code of Virginia in collecting any past due amount
					 and may recover any attorney's fees and other administrative costs incurred in
					 pursuing and collecting any past due amount.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.