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Virginia Administrative Code
1/18/2020

9VAC25. State Water Control Board

VAC AGENCY NO. 25

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. It 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 act. It may also issue, revoke or amend certificates for the discharge of sewage or waste or alteration otherwise of the physical, chemical, or biological properties of state waters or for excavation in a wetland. Pursuant to § 45.1-254 of the Code of Virginia, the Department of Mines, Minerals and Energy has authority for certain functions respecting coal industry discharge permits. The board is vested with supervision of sewerage systems and sewage treatment works, and it may permit such systems and works. It may inspect premises, require reports, and order cessation of unlawful practices or the taking of affirmative action to achieve compliance. It may prohibit, or issue permits prescribing conditions for, discharge of wastes into any sewerage system or treatment works. Oil spills must be reported to the board, and it may require persons responsible therefore to take action to abate any pollution. Code of Virginia, Title 62.1, Chapter 3.1; Title 45.1, Chapter 19, Article 3.

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 3.2,62.1-44.15(18).

The board is authorized to permit, regulate, and control stormwater runoff in the Commonwealth. In accordance with the Stormwater Management Act, the board may issue, deny, revoke, terminate, or amend permits; adopt regulations; approve and periodically review stormwater management programs; and enforce the provisions of this Act.   The board is authorized to allow the undertaking of supplemental environmental projects as partial settlement of a civil enforcement action that is not otherwise required by law. Code of Virginia, Title 62.1, Chapter 3.1, Article 2.3.

The board is authorized to promulgate regulations for the effective control of soil erosion, sediment deposition and nonagricultural runoff which must be met in local soil erosion and sediment control programs to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. The board approves programs and periodically conducts comprehensive reviews of erosion and sediment control programs to ensure that they meet minimum standards of effectiveness in controlling soil erosion, sediment deposition, and nonagricultural runoff. The board is required to issue certificates of competence concerning the content, application and intent of specified subject areas of the Erosion and Sediment Control Law and accompanying regulations to persons who have completed training courses or in other ways demonstrated adequate knowledge of such laws and regulations. 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. Title 62.1, Chapter 3.1, Article 2.5

The board is authorized to adopt regulations governing the certification of specified nutrient credit types.  It is required to establish and maintain an online registry of certified credits that may be utilized as part of an expanded Nutrient Credit Exchange Program. 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. 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 Virginia Petroleum Storage Tank Fund is used by the board in administering the state regulatory programs for aboveground and underground storage tanks. 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 it 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. 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. It 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. 10/2017

 

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.

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