Virginia Law

A. Preliminary engineering report and pilot study.

1. A preliminary engineering report shall be submitted for new water reclamation projects and for modification or expansion of existing reclamation systems, SRSs, and reclaimed water distributions systems. At the request of the applicant or permittee, the department may waive the need for a preliminary engineering report or portions of a preliminary engineering report for modification or expansion of an existing reclamation system, SRS, or reclaimed water distributions system based on the scope of the proposed project.

2. A pilot study shall be required where treatment is proposed for a reclamation system of an IPR project.

a. The pilot study shall demonstrate the ability of selected treatment processes to:

(1) Meet, at a minimum, the reclaimed water standards prescribed for the IPR project in accordance with 9VAC25-740-90 C, and

(2) Generate a consistent and reliable supply of reclaimed water for the IPR project.

b. The pilot study shall quantify and characterize the quality of source water provided for reclamation and reclaimed water generated by the treatment processes of the reclamation system for a period of not less than 365 days unless reduced by the department in accordance with subdivision 2 c of this subsection.

c. At the request of the applicant or permittee, the department may reduce the pilot study duration specified in subdivision 2 b of this subsection or the pilot study scope where the following are met:

(1) The applicant or permittee provides a detailed plan of study for the department's review and approval before initiating the pilot study, and

(2) The detailed plan of study justifies to the satisfaction of the department that a pilot study of shorter duration or reduced scope will be sufficient to achieve the requirements of subdivision 2 a of this subsection. For the purpose of reducing the duration or scope of a pilot study, results of previous pilot studies and operating experiences of similar water reclamation and IPR projects may be used as part of the demonstration required pursuant to subdivision 2 a of this subsection.

d. Results of the pilot study shall be submitted to the department for review.

B. Certificate to construct and certificate to operate.

1. No owner shall cause or allow the construction, expansion or modification of a reclamation system or SRS except in compliance with a certificate to construct (CTC) from the department unless otherwise provided for by this chapter. Furthermore, no owner shall cause or allow any reclamation system or SRS to be operated except in compliance with a certificate to operate (CTO) issued by the department, which authorizes the operation of the reclamation system or SRS, unless otherwise provided for by this chapter. The need for a CTC and CTO for modifications shall be determined by the department on a case-by-case basis. Conditions may be imposed on the issuance of any CTC or CTO, and no reclamation system or SRS may be constructed, modified, or operated in violation of these conditions.

2. CTC.

a. Upon approval of the proposed design by the department, including any submitted plans and specifications, if required, the department will issue a CTC to the owner of such approval to construct or modify his reclamation system or SRS in accordance with the approved plans and specifications.

b. Any deviations from the approved design or the submitted plans and specifications significantly affecting hydraulic conditions (flow profile), unit operations capacity, the functioning of the reclamation system or SRS, or the quality of the reclaimed water, must be approved by the department before any such changes are made.

3. CTO.

a. Upon completion of the construction or modification of the reclamation system or SRS, the owner shall submit to the department a Statement of Construction Completion signed by a licensed professional engineer stating that the construction work has been completed in accordance with the approved plans and specifications, or revised only in accordance with subdivision 2 b of this subsection. This statement shall be based upon inspections of the reclamation system or SRS during and after construction or modifications that are adequate to ensure the truth of the statement.

b. Upon receipt of the construction completion statement, the department may issue a final CTO. However, the department may delay the granting of the CTO pending inspection, or satisfactory evaluation of reclaimed water test results, to ensure that the work has been satisfactorily completed.

c. A conditional CTO may be issued specifying final approval conditions, with specific time periods for completion of unfinished work, revisions to the operations and maintenance manual, or other appropriate items. The department may issue a conditional CTO to owners of a reclamation system or SRS for which the required information for completion of construction has not been received. Such CTOs will contain appropriate conditions requiring the completion of any unfinished or incomplete work including subsequent submission of the statement of completion of construction.

d. An interim CTO may be issued to individual unit operations of the treatment system so as to allow utilization of these unit operations prior to completion of the total project. A final CTO shall be issued upon verification that the requirements of this chapter have been complied with.

e. Within 30 days after placing a new or modified reclamation system or SRS into operation, the department may require reclaimed water produced by the system to be sampled and tested in a manner sufficient to demonstrate compliance with approved specifications and permit requirements. The department shall be notified of the time and place of the tests, and shall be sent the results of the tests for evaluation as part of the final CTO.

f. Within 90 days of placing the new or modified reclamation system or SRS into operation, the owner shall submit a new or revised operations and maintenance manual for the water reclamation system, SRS, or both, if covered by the same permit. The manual shall contain information as specified in 9VAC25-740-140.

g. The department may amend or reissue a CTO where there is a change in the manner of treatment or the source of water that is reclaimed at the permitted location, or for any other cause incidental to the protection of the public health and welfare, provided notice is given to the owner.