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Virginia Administrative Code
Title 9. Environment
11/21/2024

9VAC25. State Water Control Board

VAC AGENCY NO. 25

STATE WATER CONTROL BOARD

AGENCY SUMMARY

The State Water Control Board is responsible for administration of the State Water Control Law, Chapter 3.1 of Title 62.1 of the Code of Virginia. The board is authorized to establish standards of quality for state waters, policies, and programs for area-wide or basin-wide quality controls and requirements for treatment of sewage and industrial and other wastes; to promote and establish requirements for the reclamation and reuse of wastewater; and to make regulations to control pollution from boats and otherwise to carry out the State Water Control Law. Pursuant to § 45.2-1029 of the Code of Virginia, the Department of Energy has authority for certain functions respecting coal industry discharge permits. The board is vested with adopting regulations concerning sewerage systems and sewage treatment works.

The board is required to promulgate regulations in order to implement a fee schedule to recover a portion of the costs associated with the processing or denial of applications for permits and certificates. Code of Virginia, Title 62.1, Chapter 3.1, Article 2.1.

The board is required to develop a regulatory program governing the storage, treatment, and management of poultry waste and other confined animal feeding operations. Code of Virginia, Title 62.1, Chapter 3.1, Article 3.

The board is also directed to formulate a coordinated state policy and plans and programs for the conservation and economic development of the state's water resources. Code of Virginia, Title 62.1, Chapter 3.2.

The board is charged with the responsibility for the Commonwealth's nonpoint source pollution management program developed pursuant to certain state and federal laws, including § 319 of the federal Clean Water Act (33 USC § 1251 et seq.) and § 6217 of the federal Coastal Zone Management Act (16 USC § 1451 et seq.). Code of Virginia, Title 62.1, Chapter 3.1, § 62.1-44.15 (18).

 

The Virginia Erosion and Stormwater Management Act (§ 62.1-44.15:24 et seq. of the Code of Virginia)authorizes the board to adopt regulations that establish requirements for the effective control of soil erosion, sediment deposition, and stormwater, including nonagricultural runoff, that shall be met in any Virginia Erosion and Stormwater Management Program (VESMP) to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources and that specify minimum technical criteria and administrative procedures for VESMPs. Code of Virginia, Title 62.1, Chapter 3.1, Article 2.3.

The Erosion and Sediment Control Law for Localities Not Administering a Virginia Erosion and Stormwater Management Program (§ 62.1-44.15:51 et seq. of the Code of Virginia) directs the board to adopt regulations for the effective control of soil erosion, sediment deposition, and nonagricultural runoff that shall be met in any control program to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. Code of Virginia, Title 62.1, Chapter 3.1, Article 2.4.

The board is required to promulgate regulations that establish criteria for use by local governments to determine the ecological and geographic extent of Chesapeake Bay Preservation Areas. The board must also promulgate regulations that establish criteria for use by local governments in granting, denying, or modifying requests to rezone, subdivide, or to use and develop land in these areas. Local governments are required to use the criteria promulgated by the board to ensure that the use and development of land in Chesapeake Bay Preservation Areas is accomplished in a manner that protects the quality of state waters. Code of Virginia, Title 62.1, Chapter 3.1, Article 2.5.

The board is authorized to adopt regulations governing the certification of specified nutrient credit types. Code of Virginia, Title 62.1, Chapter 3.1, Article 4.02.

The board is responsible for the implementation of the Water Quality Monitoring, Information and Restoration Act (§ 62.1-44.19:4 et seq. of the Code of Virginia). The board is authorized to promulgate water quality standards for those substances (i) listed on the Chesapeake Bay Program's "toxics of concern" list as of January 1, 1997; (ii) listed by the U.S. EPA Administrator pursuant to § 307(a) of the federal Clean Water Act; or (iii) identified by the board as having a particularly adverse effect on state water quality or living resources. Code of Virginia, Title 62.1, Chapter 3.1, Article 4.01.

The board is authorized to promulgate regulations with regard to aboveground and underground storage tanks in accordance with applicable federal laws and regulations, including federal financial responsibility requirements. The board is charged with the responsibility of promulgating regulations relating to oil discharge contingency plans and financial responsibility of facilities and tank vessels transporting or transferring oil in Virginia waters. Code of Virginia, Title 62.1, Chapter 3.1, Articles 9, 10, and 11.

The board is responsible for developing regulations governing the issuance of surface water withdrawal permits and is authorized to designate, by regulation, surface water management areas. Code of Virginia, Title 62.1, Chapter 24.

The board is charged with the responsibility for administration of the Ground Water Management Act of 1992 (§ 62.1-254 et seq. of the Code of Virginia). The board may designate ground water management areas and issue ground water withdrawal permits prior to withdrawals in such areas. Code of Virginia, Title 62.1, Chapter 25.

The board is also authorized to administer programs of state and federal financial assistance for purposes of water quality control, conservation, agricultural or stormwater runoff control best management practices, and living shorelines. Code of Virginia, Title 62.1, Chapters 3.1, 3.2, and 22. The board has issued procedures governing financial assistance.

The board is authorized to adopt rules and regulations that include (i) standards and procedures for the conduct of mediation and dispute resolution; (ii) the appointment and function of a neutral to encourage and assist parties to voluntarily compromise or settle contested issues; and (iii) procedures to protect the confidentiality of papers, work product, or other materials. Code of Virginia, Title 10.1, Chapter 11.1, Article 1.

Regulations are available for public inspection at the Department of Environmental Quality's office at 1111 East Main Street, Suite 1400, Richmond, Virginia 23219 (mailing address: P.O. Box 1105, Richmond, Virginia 23218) and at its regional offices listed individually in this title under DEQ's summary. Internet address: http://www.deq.virginia.gov.

Rev. 07/2024

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.