Administrative Code

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Virginia Administrative Code
Title 9. Environment
Agency 25. State Water Control Board
Chapter 380. Wetlands Policy

9VAC25-380-30. Policy.

A. In its decision processes, it shall be the Department of Environmental Quality's policy to give particular cognizance and consideration to any proposal to the Department of Environmental Quality (department) that has the potential to damage wetlands, to recognize the irreplaceable value and man's dependence on them to maintain an environment acceptable to society, and to preserve and protect them from damaging misuses.

B. It shall be the department's policy to minimize alteration in the quantity or quality of the natural flow of water that nourishes wetlands and to protect wetlands from adverse dredging or filling practices, solid waste management practices, siltation, or the addition of pesticides, salts, or toxic materials arising from non-point source wastes and through construction activities, and to prevent violation of applicable water quality standards from such environmental insults.

C. It shall be the policy of the department not to approve the construction of wastewater treatment facilities or other waste treatment-associated appurtenances which may interfere with the existing wetland ecosystem except where no other alternative of lesser environmental damage is found to be feasible. In the application for such facilities or appurtenances, where there is reason to believe that wetlands will be damaged, an assessment will be requested from the applicant that delineates the various alternatives that have been investigated for the control or treatment of the wastewater, including the reasons for rejecting those alternatives not used. A full economic appraisal of all alternatives should be included to the extent possible.

D. To promote the most environmentally protective measures for the wetlands, it shall be the policy of the department to advise those applicants for waste treatment facilities that the selection of the most environmentally protective alternative should be made, and to advise those applicants for discharge permits for all other activities which may affect the wetlands that those activities should be carried in the most environmentally protective manner. The Virginia Institute of Marine Science, the Marine Resources Commission, and any other appropriate state or federal agency will be consulted to aid in the determination of the probable impact on the pertinent fish and wildlife resources of wetlands. In the event of projected significant adverse environmental impact, a public hearing on the wetlands issue may be held to aid in the selection of the most appropriate action, and the department may deny the issuance of a discharge permit, and may recommend against the furnishing of appropriate state or federal grant funds.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-11-02 § 1.02[1], eff. June 23, 1974; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.

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