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Virginia Administrative Code
Title 9. Environment
Agency 25. State Water Control Board
Chapter 32. Virginia Pollution Abatement (VPA) Permit Regulation
10/2/2023

9VAC25-32-190. Operator requirements.

A. The permittee shall employ or contract at least one operator who holds a current wastewater license appropriate for the permitted facility, if required by the VPA permit. The license shall be issued in accordance with Title 54.1 of the Code of Virginia and the regulations of the Board for Waterworks and Wastewater Works Operators (18VAC160-20-10 et seq.). Notwithstanding the foregoing requirement, unless the pollutant management activity is determined by the department on a case-by-case basis to be a potential contributor of pollution, no licensed operator is required for wastewater treatment works:

1. That have a design hydraulic capacity equal to or less than 0.04 million gallons per day;

2. That discharge industrial waste or other waste from coal mining operations; or

3. That do not utilize biological or physical/chemical treatment.

B. In making this case-by-case determination, the following shall be considered:

1. The location of the pollutant management activity with respect to state waters;

2. The size of the pollutant management activity;

3. The quantity and nature of pollutants reaching state waters; and

4. The treatment methods used at the treatment works.

C. The permittee shall notify the department in writing whenever he is not complying, or has grounds for anticipating he will not comply, with the requirements of subsection A of this section. The notification shall include a statement of reasons and a prompt schedule for achieving compliance.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. July 24, 1996; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.

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