Virginia Law

A. To avoid duplication to the maximum extent feasible with existing agencies and their areas of responsibility, related agency approvals are listed in subsection B of this section as notification to the applicant that these permits and reviews may apply in accordance with the type of facility proposed.

B. Permits.

1. Hazardous waste facility management.

a. Regulatory agency:

Virginia Waste Management Board.

b. State permit required:

Facility management.

c. Statutory authority:

(1) Chapter 11.1 (§ 10.1-1182 et seq.) of Title 10.1 of the Code of Virginia and the Virginia Waste Management Act, Chapter 14 (§ 10.1-1400 et seq.) of Title 10.1 of the Code of Virginia.

(2) Virginia Hazardous Waste Management Regulations, 9VAC20-60.

d. Contact:

Department of Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000

2. Air emissions.

a. Regulatory agency:

State Air Pollution Control Board.

b. State permit required:

Stationary sources

Hazardous pollutants

Open burning

c. Statutory authority, rules and regulations:

(1) Virginia Air Pollution Control Law.

(2) Federal Clean Air Act (42 USC § 7401 et seq.) and amendments.

(3) Hazardous Air Pollutant Sources, 9VAC5-60 and Permits for Stationary Sources, 9VAC5-80.

d. Contact:

Department of Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000

3. Discharges into state waters.

a. Regulatory agency:

State Water Control Board.

b. State discharge permit required:

(1) Virginia Pollutant Discharge Elimination System (NPDES).

(2) No discharge certificate.

c. Statutory authority, rules and regulations:

(1) Federal Water Pollution Control Act Amendments of 1972 (33 USC § 1251 et seq.).

(2) State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia).

d. Contact:

Department of Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000

4. Land disturbance.

a. Regulatory agency:

State Water Control Board or local government, or both.

b. State requirement:

Erosion and sediment control plan.

c. Statutory authority, rules and regulations:

(1) Erosion and sediment control law (§§ 62.1-44.15:51 et seq. of the Code of Virginia).

(2) Virginia Erosion and Sediment Control Handbook.

d. Contact:

Department of Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000

5. Wetlands, subaqueous lands, and dunes.

a. Regulatory agencies:

Virginia Marine Resources Commission (VMRC) (Clearinghouse for permits)

Local wetlands boards

Virginia Department of Environmental Quality (VDEQ)

U.S. Army Corps of Engineers (USACE)

b. Permit required:

VMRC and local wetland boards: Use or development of any wetland within Tidewater, Virginia

VMRC: Coastal Dunes

VMRC, VDEQ and USACE: Tidal Wetlands and Subaqueous Land

VDEQ and USACE: Nontidal Wetlands

VDEQ: Isolated Wetlands

USACE: Activities in the navigable waters of the United States, degradation of the quality of water, and transportation and dumping of dredged material.

c. Statutory authority, rules and regulations:

(1) Wetlands (§ 28.2-1300 et seq. of the Code of Virginia).

(2) Waters of the State, Ports and Harbors (Title 62.1 of the Code of Virginia).

(3) Local wetland zoning ordinances.

(4) Federal Water Pollution Control Act (Clean Water Act, 33 USC § 1251 et seq.) §§ 401 and 404.

(5) Rivers and Harbors Act of 1894 (33 USC § 1371).

(6) Marine Protection Research and Sanctuary Act (16 USC §§ 1431-1434; 33 USC §§ 1401, 1402, 1411-1421, 1441-1444).

d. Contact:

(1) Assistant Commissioner for Habitat Management
Marine Resources Commission
2600 Washington Avenue, 3rd Floor
Newport News, VA 23607
(757) 247-2200

(2) Department of Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000

(3) District Engineers
U.S. Army Corps of Engineers
Norfolk District
803 Front Street
Norfolk, VA 23508

C. Reviews. Applications for permits may result in a review and comment process by state agencies. Such reviews may include comments concerning historic landmarks, archaeological sites, caves, best management practices, fisheries, and parks and recreation. Further information on review procedures can be obtained by contacting Department of Environmental Quality, P.O. Box 1105, Richmond, VA, 23218 or (804) 698-4000.