Part III. Public Involvement
9VAC25-210-140. Public notice of VWP individual permit actions and public comment periods.
A. Every draft VWP individual permit, with the exception of a VWP Emergency Virginia Water Protection Permit, shall be given public notice paid for by the applicant, by publication once in a newspaper of general circulation in the area affected by the proposed activity. The public notice must be published within 14 days of the applicant's receipt of a draft VWP permit, or the 120-day VWP permit processing timeframe will be suspended until such publication.
B. The department shall provide a comment period of at least 30 days following the date of the public notice for interested persons to submit written comments on the tentative decision and to request a public hearing on the VWP permit. All written comments submitted during the comment period shall be retained by the department and considered during its final decision on the VWP permit.
C. The contents of the public notice for a VWP permit application or proposed VWP permit action shall include:
1. Name and mailing address of the applicant;
2. The permit application number;
3. Project location. If the location of the activity differs from the address of the applicant the notice shall also state the location in sufficient detail such that the specific location may be easily identified;
4. Brief description of the business or activity to be conducted at the site of the proposed activity;
5. Description of the area affected. Information on the number of acres of wetlands and the number of linear feet of streams affected, as well as the name of the receiving waterway and the name of the affected watershed should be included;
6. Description of what the applicant plans to do to compensate for the affected area;
7. A statement of the tentative determination to issue or deny a VWP permit;
8. A brief description of the final determination procedure;
9. The address, email address and phone number of a specific person or persons at the state office from whom further information may be obtained; and
10. A brief description on how to submit comments and request a public hearing.
D. Public notice shall not be required for submission or approval of plans and specifications or conceptual engineering reports not required to be submitted as part of the application.
E. When a VWP permit is denied, the department shall do so in accordance with 9VAC25-210-230.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 401 of the Clean Water Act (33 USC § 1251 et seq.).
Historical Notes
Derived from VR680-15-02 § 3.1, eff. May 20, 1992; amended, Virginia Register Volume 17, Issue 21, eff. August 1, 2001; Volume 23, Issue 21, eff. July 25, 2007; Volume 32, Issue 21, eff. August 2, 2016; Volume 39, Issue 4, eff. November 9, 2022.
9VAC25-210-150. Public access to information.
All information (i) pertaining to VWP permit or VWP general permit coverage processing or (ii) in reference to any activity requiring a VWP permit or VWP general permit coverage under this chapter shall be available to the public, unless prohibited by § 62.1-44.21 of the Code of Virginia. All information claimed confidential must be identified as such at the time of submission to the department and the Virginia Marine Resources Commission.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 401 of the Clean Water Act (33 USC § 1251 et seq.).
Historical Notes
Derived from VR680-15-02 § 3.2, eff. May 20, 1992; amended, Virginia Register Volume 17, Issue 21, eff. August 1, 2001; Volume 32, Issue 21, eff. August 2, 2016; Volume 39, Issue 4, eff. November 9, 2022.
9VAC25-210-160. Public comments and hearing.
A. The department shall consider all written comments and requests for a public hearing received during the VWP individual permit comment period and shall make a determination on the necessity of a public hearing in accordance with 9VAC25-210-165. All proceedings, public hearings and decisions from it will be in accordance with 9VAC25-210-165.
B. Should the department determine to dispense with the public hearing, it may grant the VWP individual permit.
C. Any applicant or permittee aggrieved by an action of the board taken without a public hearing, or inaction of the department, may request in writing a hearing pursuant to 9VAC25-210-165.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 401 of the Clean Water Act (33 USC § 1251 et seq.).
Historical Notes
Derived from VR680-15-02 § 3.3, eff. May 20, 1992; amended, Virginia Register Volume 17, Issue 21, eff. August 1, 2001; Volume 32, Issue 21, eff. August 2, 2016; Volume 39, Issue 4, eff. November 9, 2022.
9VAC25-210-165. Criteria for requesting and granting a public hearing on an individual permit action.
A. During the public comment period on a permit action in those instances where a public hearing is not mandatory under state or federal law or regulation, interested persons may request a public hearing to contest the action or terms and conditions of the permit.
B. Requests for a public hearing shall contain the following information:
1. The name and postal mailing or email address of the requester;
2. The names and addresses of all persons for whom the requester is acting as a representative;
3. The reason for the request for a public hearing;
4. A brief, informal statement setting forth the factual nature and extent of the interest of the requester or of the persons for whom the requester is acting as representative in the application or tentative determination, including an explanation of how and to what extent such interest would be directly and adversely affected by the issuance, denial, modification, or revocation of the permit in question; and
5. Where possible, specific references to the terms and the conditions of the permit in question, together with suggested revisions and alterations to those terms and conditions that the requester considers are needed to conform the permit to the intent and provisions of the basic laws of the State Water Control Board.
C. Upon completion of the public comment period on a permit action, the director shall review all timely requests for public hearing filed during the comment period on the permit action, and within 30 calendar days following the expiration of the time period for the submission of requests shall grant a public hearing, unless the permittee or applicant agrees to a later date if the director finds the following:
1. That there is a significant public interest in the issuance, denial, modification, or revocation of the permit in question as evidenced by receipt of a minimum of 25 individual requests for a public hearing;
2. That the requesters raise substantial, disputed issues relevant to the issuance, denial, modification, or revocation of the permit in question; and
3. That the action requested by the interested party is not on its face inconsistent with or in violation of the basic laws of the State Water Control Board for a water permit action, a federal law, or any regulation promulgated thereunder.
D. The director of DEQ shall notify by email or postal mail at his last known address (i) each requester and (ii) the applicant or permittee of the decision to grant or deny a public hearing.
E. If the request for a public hearing is granted, the director shall:
1. Schedule the hearing at a time between 45 and 75 days after emailing or mailing of the notice of the decision to grant the public hearing.
2. Cause or require the applicant to publish notice of a public hearing to be published once in a newspaper of general circulation in the city or county where the facility or operation that is the subject of the permit or permit application is located, at least 30 days before the hearing date.
F. The public comment period shall remain open for 15 days after the close of the public hearing if required by § 62.1-44.15:01 of the Code of Virginia.
G. The director may, at his discretion, convene a public hearing on a permit action.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 401 of the Clean Water Act (33 USC § 1251 et seq.).
Historical Notes
Derived from Virginia Register Volume 39, Issue 4, eff. November 9, 2022.
9VAC25-210-170. Public notice of hearing.
A. Public notice of any public hearing held pursuant to 9VAC25-210-160 and 9VAC25-210-165 shall be circulated as follows:
1. Notice shall be published once in a newspaper of general circulation in the county or city where the activity is to occur; and
2. Notice of the public hearing shall be sent to all persons and government agencies that received a copy of the notice of VWP permit application and to those persons requesting a public hearing or having commented in response to the public notice.
B. Notice shall be effected pursuant to subdivisions A 1 and 2 of this section at least 30 days in advance of the public hearing.
C. The content of the public notice of any public hearing held pursuant to 9VAC25-210-160 and 9VAC25-210-165 shall include at least the following:
1. Name and mailing address of each person whose application will be considered at the public hearing and a brief description of the person's activities or operations including information on the number of acres of wetlands and the number of linear feet of streams affected, a description of the nature of the withdrawal and the amount of the withdrawal; as well as the name of the receiving waterway and the name of the affected watershed;
2. The precise location of the proposed activity and the surface waters that will, or may, be affected including, where possible, reference to route numbers, road intersections, map coordinates or similar information;
3. Description of what the applicant plans to do to compensate for the affected area;
4. A brief reference to the public notice issued for the VWP permit application or permit action, including the permit application number and date of issuance, unless the public notice includes the public hearing notice;
5. Information regarding the time and location for the public hearing;
6. The purpose of the public hearing;
7. A concise statement of the relevant water quality, or fish and wildlife resource issues raised by the persons requesting the public hearing;
8. Contact person and the mailing address, email address, name of the Department of Environmental Quality regional office and phone number of the DEQ office at which the interested persons may obtain further information or request a copy of the draft VWP permit prepared pursuant to 9VAC25-210-120; and
9. A brief reference to the rules and procedures to be followed at the public hearing.
D. Public notice of any hearing held pursuant to 9VAC25-210-160 C shall be in accordance with this section.
E. The public comment period shall remain open for 15 days after the close of the public hearing if required by § 62.1-44.15:01 of the Code of Virginia.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 401 of the Clean Water Act (33 USC § 1251 et seq.).
Historical Notes
Derived from VR680-15-02 § 3.1, eff. May 20, 1992; amended, Virginia Register Volume 17, Issue 21, eff. August 1, 2001; Volume 23, Issue 21, eff. July 25, 2007; Volume 32, Issue 21, eff. August 2, 2016; Volume 39, Issue 4, eff. November 9, 2022.
9VAC25-210-172. Controversial permits.
Before rendering a final decision on a controversial permit, the department shall publish a summary of public comments received during the applicable public comment period and public hearing. After such publication, the department shall publish responses to the public comment summary and hold a public hearing to provide an opportunity for individuals who previously commented, either at a public hearing or in writing during the applicable public comment period, to respond to the department's public comment summary and response. No new information will be accepted at that time. In making its decision, the department shall consider (i) the verbal and written comments received during the comment period and the public hearing made part of the record, (ii) any commentary of the board, and (iii) the agency files.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 401 of the Clean Water Act (33 USC § 1251 et seq.).
Historical Notes
Derived from Virginia Register Volume 39, Issue 4, eff. November 9, 2022.
9VAC25-210-174. Controversial permits reporting.
At each regular meeting of the board, the department shall provide an overview and update regarding any controversial permits pending before the department that are relevant. Immediately after such presentation by the department, the board shall have an opportunity to respond to the department's presentation and provide commentary regarding such pending permits.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 401 of the Clean Water Act (33 USC § 1251 et seq.).
Historical Notes
Derived from Virginia Register Volume 39, Issue 4, eff. November 9, 2022.