Administrative Code

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Virginia Administrative Code
Title 9. Environment
Agency 15. Department of Environmental Quality
Chapter 100. Small Energy Storage Facilities Permit by Rule
7/14/2024

9VAC15-100-100. Permit by rule change of ownership, project modifications, reporting, and permit termination.

A. A PBR may be transferred to a new owner or operator through an administrative amendment to the permit. The department will incorporate the administrative changes to the PBR after the receipt of notification of the change in a form acceptable to the department, including a written agreement between the existing and new owner or operator containing a specific date for transfer of permit responsibility, coverage, and liability between them. The transfer of the PBR to the new owner or operator shall be effective on the date specified in the written agreement. Information required for a change of ownership shall be submitted to the department within 30 days of the transfer date. The department will not consider the change of operator, ownership, or controlling interest for a facility to be effective until the department receives notification from both the original applicant and the new applicant.

B. A PBR name may be changed through an administrative amendment to the permit as follows.

1. Information required for a change of ownership shall be submitted to the department within 30 days of the change date.

2. The department will incorporate the administrative changes to the PBR after receipt of the notification in a form acceptable to the department.

C. Modification to an existing PBR, with the exception of administrative changes, shall be in accordance with the provisions of 9VAC15-100-30 B and as follows.

1. The applicant shall submit the modification application and include the facility address, documents, maps, and studies supporting the changes to the existing permit. Information that is unchanged in the existing PBR shall not be submitted. Unchanged information shall be identified and certified as unchanged in the modification application.

2. In addition to the information required in subdivision 1 of this subsection, a modification to an existing PBR shall also require a certification from the local government pursuant to 9VAC15-100-30 A 2, a public comment period pursuant to 9VAC15-100-90, and the appropriate fee pursuant to 9VAC15-100-110.

3. Upon receipt of all required documents and applicable fees, the department will review the modification submittal in accordance with the provisions of 9VAC15-100-30 C.

D. Recordkeeping and reporting shall be performed as follows.

1. The owner or operator shall furnish notification of the following milestones:

a. The date the project began construction within 30 days after such date;

b. The date the project began commercial operation within 30 days of such date;

c. The date of any onsite construction or maintenance that could impact the project's mitigation and avoidance plan within 15 days after such date;

d. A map of the project post construction clearly showing infrastructure configuration relative to any required mitigation and incorporates any onsite changes resulting from any onsite construction or maintenance that could impact the project mitigation and avoidance plan within 90 days of completion of such work; and

e. For projects that contain mitigation for historic resources, a post-construction demonstration of completed mitigation requirements according to the approved mitigation within 90 days of completion of such work.

2. A copy of the site map clearly showing any resources to be avoided or mitigated shall be maintained onsite during construction.

3. Upon request, the owner shall furnish to the department copies of records required to be kept by this PBR.

4. Within 30 days of notification, any information requested by the department.

E. The department may enforce provisions of this chapter in accordance with §§ 10.1-1197.9, 10.1-1197.10, and 10.1-1197.11 of the Code of Virginia. In so doing, the department may:

1. Issue directives in accordance with the law;

2. Issue special orders in accordance with the law;

3. Issue emergency special orders in accordance with the law;

4. Seek injunction, mandamus, or other appropriate remedy as authorized by the law;

5. Seek civil penalties under the law; or

6. Seek remedies under the law, or under other laws including the common law.

F. Pursuant to the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), terminate the permit by rule whenever the department finds that the applicant has:

1. Knowingly or willfully misrepresented or failed to disclose a material fact in any report or certification required under this chapter;

2. Failed to comply with the conditions or commitments stated within the permit by rule application; or

3. Violated the project's mitigation plan.

Statutory Authority

§§ 10.1-1197.5 and 10.1-1197.6 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 38, Issue 11, eff. January 1, 2022.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

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