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Virginia Administrative Code
Title 9. Environment
Agency 25. State Water Control Board
Chapter 31. Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation
10/6/2025

9VAC25-31-440. Permits and direct enforceability.

A. The requirements in this part may be implemented through a permit issued to a treatment works treating domestic sewage, in accordance with this chapter. Treatment works treating domestic sewage shall submit a permit application in accordance with this chapter.

B. No person shall use biosolids or dispose of sewage sludge through any practice for which requirements are established in this part except in accordance with such requirements.

C. No person shall land apply Class B biosolids on any land in Virginia unless that land has been identified in an application to issue, reissue, or modify a permit and approved by the department.

D. No person shall land apply, market, or distribute biosolids in Virginia unless the biosolids source has been approved by the department.

E. The permitting requirements of this chapter shall not apply to any land application of biosolids for a research project when such land is owned and operated by an institution of higher education in the Commonwealth. At least 30 days prior to commencing any land application of biosolids, the institution of higher education shall notify the department and the owner of every adjoining property of its intent to land apply such biosolids. The institution of higher education shall comply with setback and recordkeeping requirements as outlined in the Virginia Pollution Abatement Permit regulation (9VAC25-32).

F. The provisions of subsection E of this section shall expire on July 1, 2030.

Statutory Authority

§§ 62.1-44.15 and 62.1-44.19:3 of the Code of Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123, 124, 403, and 503.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. July 24, 1996; amended, Virginia Register Volume 29, Issue 24, eff. September 1, 2013; Volume 39, Issue 4, eff. November 9, 2022; Volume 42, Issue 1, eff. September 24, 2025.

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