Administrative Code

Virginia Administrative Code
11/28/2022

Part I. Procedural Regulations

Article 1
Definitions and Terms

9VAC25-790-10. Definitions.

Unless otherwise specified, for the purpose of this chapter the following words and terms shall have the following meanings unless the context clearly indicates otherwise:

"Area engineer" means the licensed professional engineer at the Department of Environmental Quality responsible for review and approval of construction plans and related materials who serves the area where a sewerage system or treatment works is located.

"Biosolids" means a sewage sludge that has received an established treatment for required pathogen control and is treated or managed to reduce vector attraction to a satisfactory level and contains limited levels of pollutants, such that it is acceptable for use by land application, marketing or distribution in accordance with the Virginia Pollution Abatement Permit Regulation (9VAC25-32) and the Virginia Pollutant Discharge Elimination System Permit Regulation (9VAC25-31).

"Biosolids use facility" means a type of treatment works that specifically treats or stores biosolids.

"Board" means the Virginia State Water Control Board. When used outside the context of the promulgation of regulations, including regulations to establish general permits, "board" means the Department of Environmental Quality.

"CTC" means a Certificate to Construct issued in accordance with the provisions of this chapter. This certificate will normally be in the form of a letter granting authorization for construction.

"CTO" means a Certificate to Operate issued in accordance with the provisions of this chapter. This certificate will normally be in the form of a letter granting authorization for operation.

"Critical areas/waters" means areas/waters in proximity to shellfish waters, a public water supply, recreation or other waters where health or water quality concerns are identified by the Virginia Department of Health or the State Water Control Board.

"Conventional design" means the designs for unit operations (treatment system component) or specific equipment that has been in satisfactory operation for a period of one year or more, for which adequate operational information has been submitted to the department to verify that the unit operation or equipment is designed in substantial compliance with this chapter. Equipment or processes not considered to be conventional may be deemed as alternative or nonconventional.

"Department" means the Virginia Department of Environmental Quality.

"Director" means the Director of the Department of Environmental Quality or an authorized representative.

"Discharge" means (when used without qualification) discharge of a pollutant.

"Effluent limitations" means any restrictions imposed by the board or department on quantities, discharge rates, and concentrations of pollutants that are discharged from point sources into surface waters, the waters of the contiguous zone, or the ocean.

"Exceptional quality biosolids" means biosolids that have received an established level of treatment for pathogen control and vector attraction reduction and contain known levels of pollutants, such that they may be marketed or distributed for public use in accordance with this chapter.

"Indirect discharger" means a nondomestic discharger introducing pollutants to a POTW.

"Industrial wastes" means liquid or other wastes resulting from any process of industry, manufacture, trade or business, or from the development of any natural resources.

"Land application" means the distribution of treated wastewater of acceptable quality, referred to as effluent, or supernatant from biosolids use facilities or stabilized sewage sludge of acceptable quality, referred to as biosolids, upon, or insertion into, the land with a uniform application rate for the purpose of assimilation, utilization, or pollutant removal. Bulk disposal of stabilized sludge in a confined area, such as in landfills, is not land application.

"Licensee" means an individual holding a valid license issued by the Board for Waterworks and Wastewater Works Operators.

"Licensed operator" means a licensee in the class of the treatment works who is an operator at the treatment works.

"Local review" means a program for obtaining advance approval by the director of an owner's general local plans and specifications for future connections to, or extensions of, existing sewerage systems and of a plan for implementing them, in lieu of obtaining a CTC and CTO for each project within the scope of the plan.

"Manual" and "Manual of Practice" means Part III (9VAC25-790-310 et seq.) of the Sewage Collection and Treatment Regulations.

"Operate" means the act of making a decision on one's own volition (i) to place into or take out of service a unit process or unit processes or (ii) to make or cause adjustments in the operation of a unit process or unit processes at a treatment works.

"Operating staff" means individuals employed or appointed by any owner to work at a treatment works. Included in this definition are licensees whether or not their license is appropriate for the classification and category of the treatment works.

"Operator" means any individual employed or appointed by any owner, and who is designated by such owner to be the person in responsible charge, such as a supervisor, a shift operator, or a substitute in charge, and whose duties include testing or evaluation to control treatment works operations. Not included in this definition are superintendents or directors of public works, city engineers, or other municipal or industrial officials whose duties do not include the actual operation or direct supervision of a treatment works.

"Owner" means the Commonwealth or any of its political subdivisions, including, but not limited to, sanitation district commissions and authorities, and any public or private institution, corporation, association, firm or company organized or existing under the laws of this or any other state or country, or any officer or agency of the United States, or any person or group of persons acting individually or as a group that owns, operates, charters, rents, or otherwise exercises control over or is responsible for any actual or potential discharge of sewage, industrial wastes, or other wastes to state waters, or any facility or operation that has the capability to alter the physical, chemical, or biological properties of state waters in contravention of § 62.1-44.5 of the State Water Control Law.

"Permit" in the context of this chapter means a CTC or a CTO. Permits issued under 9VAC25-31 or 9VAC25-32 will be identified respectively as VPDES permits or VPA permits.

"Primary sludge" means sewage sludge removed from primary settling tanks designed in accordance with this chapter that is readily thickened by gravity thickeners designed in accordance with this chapter.

"Point source" means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff.

"Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 USC 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into the water. It does not mean:

1. Sewage from vessels; or

2. Water, gas, or other material that is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by the department, and if the department determines that the injection or disposal will not result in the degradation of ground or surface water resources.

"Pollution" means such alteration of the physical, chemical or biological properties of any state waters as will, or is likely to, create a nuisance or render such waters (i) harmful or detrimental or injurious to the public health, safety or welfare, or to the health of animals, fish or aquatic life; (ii) unsuitable with reasonable treatment for use as present or possible future sources of public water supply; or (iii) unsuitable for recreational, commercial, industrial, agricultural or for other reasonable uses; provided that: (a) an alteration of the physical, chemical or biological property of state waters, or either a discharge, or a deposit, of sewage, industrial wastes, or other wastes to state waters by any owner, which by itself is not sufficient to cause pollution, but which, in combination with such alteration of, or discharge, or deposit to state waters by other owners is sufficient to cause pollution; (b) the discharge of untreated sewage by any owner into state waters; and (c) contributing to the contravention of standards of water quality duly established by the State Water Control Board are "pollution" for the terms and purposes of this chapter.

"Reliability" means a measure of the ability of a component or system to perform its designated function without failure or interruption of service.

"Responsible charge" means designation by the owner of any individual to have the duty and authority to operate a treatment works.

"Settled sewage" is effluent from a basin in which sewage is held or remains in quiescent conditions for 12 hours or more and the residual sewage sludge is not reintroduced to the effluent following the holding period. Sewage flows not in conformance with these conditions providing settled sewage shall be defined as nonsettled sewage.

"Sewage" means the water-carried and nonwater-carried human excrement, kitchen, laundry, shower, bath or lavatory wastes, separately or together with such underground, surface, storm and other water and liquid industrial wastes as may be present from residences, buildings, vehicles, industrial establishments or other places.

"Sewage sludge" or "sludge" means any solid, semisolid, or liquid residues which contain materials removed from municipal or domestic wastewater during treatment including primary and secondary residues. Other residuals or solid wastes consisting of materials collected and removed by sewage treatment, septage and portable toilet wastes are so included in this definition. Liquid sludge contains less than 15% dry residue by weight. Dewatered sludge contains 15% or more dry residue by weight.

"Sewerage system" or "sewage collection system" means a sewage collection system consisting of pipelines or conduits, pumping stations and force mains and all other construction, devices and appliances appurtenant thereto, used for the collection and conveyance of sewage to a treatment works or point of ultimate disposal.

"Shall" or "will" means a mandatory requirement.

"Should" means a recommendation.

"Sludge management" means the treatment, handling, transportation, use, distribution or disposal of sewage sludge.

"State waters" means all water, on the surface and under the ground, wholly or partially within, or bordering the state or within its jurisdiction.

"Substantial compliance" means designs that do not exactly conform to the guidelines set forth in Part III as contained in documents submitted pursuant to this chapter but whose construction will not substantially affect health considerations or performance of the sewerage system or treatment works.

"Subsurface disposal" means a sewerage system involving the controlled distribution of treated sewage effluent below the ground surface in a manner that may provide additional treatment and assimilation of the effluent within the soil so as not to create a point source discharge or result in pollution of surface waters.

"Surface waters" means all state waters that are not ground water as defined in § 62.1-255 of the Code of Virginia.

"Toxic pollutant" means any pollutant listed as toxic under § 307(a)(1) or, in the case of sludge use or disposal practices, any pollutant identified in regulations implementing § 405(d) of the Clean Water Act.

"Treatment works" means any device or system used in the storage, treatment, disposal or reclamation of sewage, sewage sludge or combinations of sewage and industrial wastes, including but not limited to pumping, power and other equipment and their appurtenances, septic tanks and any works, including land, that are or will be (i) an integral part of the treatment process or (ii) used for ultimate disposal of residues or effluents resulting from such treatment. Treatment works does not mean land application of biosolids on private land, as permitted under the Virginia Pollution Abatement Permit Regulation (9VAC25-32) and the Virginia Pollutant Discharge Elimination System Permit Regulation (9VAC25-31).

"Virginia Pollution Abatement (VPA) permit" means a document issued by the department pursuant to 9VAC25-32 or a general permit issued as a regulation adopted by the board in accordance with 9VAC25-32-260, authorizing pollutant management activities under prescribed conditions.

"Virginia Pollutant Discharge Elimination System (VPDES) Permit" means a document issued by the department pursuant to 9VAC25-31 or a general permit issued as a regulation adopted by the board in accordance with 9VAC25-31-170, authorizing, under prescribed conditions, the potential or actual discharge of pollutants from a point source to surface waters and the use or disposal of sewage sludge. Under the approved state program, a VPDES permit is equivalent to an NPDES permit.

"Water quality standards" means the narrative statements for general requirements and numeric limits for specific requirements, that describe the water quality necessary to meet and maintain reasonable and beneficial uses.

Such standards are established by the State Water Control Board under § 62.l-44.15(3a) of the Code of Virginia as the State Water Quality Standards (9VAC25-260).

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-10 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-10, Virginia Register Volume 20, Issue 9, eff. February 12, 2004; Errata 20:12 VA.R. 1526 February 23, 2004; amended, Virginia Register Volume 24, Issue 6, eff. January 1, 2008; Volume 39, Issue 5, eff. November 23, 2022.

Article 2
Procedures

9VAC25-790-20. Compliance with the Administrative Process Act.

Article 2
Procedures

The provisions of the Virginia Administrative Process Act (Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia) and Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 govern the adoption and enforcement of the regulations and standards contained in the chapter. All procedures outlined in this article are in addition to, or in compliance with, the requirements of that Act.

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-30 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-20, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

9VAC25-790-30. Extent.

A. Powers and procedures. The department reserves the right to utilize any lawful procedure for the enforcement of this chapter and standards contained in this chapter.

B. Establishment. Authority for the regulations and standards contained in this chapter for the operation, construction, or modification of sewerage systems or treatment works are established, pursuant to § 62.1-44.19 of the Code of Virginia.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-40 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-30, Virginia Register Volume 20, Issue 9, eff. February 12, 2004; Errata 20:12 VA.R. 1526 February 23, 2004; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.

9VAC25-790-40. Variances.

A. The director may grant a variance to a design or operational standard by following the appropriate procedures set forth in this chapter.

B. Requirements. The director may grant a variance if he finds that the hardship imposed (which may be economic) outweighs the benefits that may be received by the public and that the granting of such variance does not subject the public to unreasonable health risks or environmental pollution.

C. Application. Any owner may apply in writing for a variance. The application should be sent to the appropriate area engineer as specified, for evaluation. The application shall include:

1. A citation of the design or operational standard from which a variance is requested.

2. The nature and duration of variance requested.

3. A statement of the hardship to the owner and the anticipated impacts to the public health and welfare if a variance were granted.

4. Suggested conditions that might be imposed on the granting of a variance that would limit its detrimental impact on public health and welfare.

5. Other information, if any, believed to be pertinent by the applicant.

6. Such other information as may be required to make the determination in accordance with this chapter.

D. Consideration. The director shall act on any variance request submitted pursuant to this chapter within 60 days of receipt of request. In the director's consideration of whether a sewerage systems or treatment works variance should be granted, the director shall consider such factors as the following:

1. The effect that such a variance would have on the adequate operation of the sewerage systems or treatment works, including operator safety (in accordance with requirements of the Virginia Department of Labor and Industry, Occupational Safety and Health Administration (VOSH)).

2. The cost and other economic considerations imposed by this requirement;

3. The effect that such a variance would have on the protection of the public health and welfare, or the environment.

E. Disposition. The director will offer the owner an opportunity to participate or become informed as to the variance processing and decisions.

1. The director may grant the variance request and if the director proposes to deny the variance he shall provide the owner an opportunity to an informal fact-finding proceeding as provided in § 2.2-4019 of the Administrative Process Act. Following this opportunity for an informal fact-finding proceeding, the director may reject any application for a variance by sending a rejection notice to the applicant. The rejection notice shall be in writing and shall state the reasons for the rejection. A rejection notice constitutes a case decision.

2. If the director proposes to grant a variance request submitted pursuant to this chapter, or standards contained in this chapter, the applicant shall be notified in writing of this decision. Such notice shall identify the variance, the sewerage systems or treatment works involved, and shall specify the period of time for which the variance will be effective. Such notice shall provide that the variance will be terminated when the sewerage systems or treatment works come into compliance with the applicable design or operational standard and may be terminated upon a finding by the director that the sewerage systems or treatment works has failed to comply with any requirements or schedules issued in conjunction with the variance. The effective date of the variance shall be 15 days following its issuance.

F. Posting. All variances granted for the design or operation of any sewerage systems or treatment works are nontransferable. Any requirements of the variance shall become part of the permit of the sewerage systems or treatment works subsequently granted by the director.

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-70 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-40, Virginia Register Volume 20, Issue 9, eff. February 12, 2004; Errata 20:12 VA.R. 1526 February 23, 2004.

9VAC25-790-50. CTCs and CTOs.

A. No owner shall cause or allow the construction, expansion or modification (change of 25% or more in capacity or performance capability or 20% for a biosolids use facility) of a sewerage system or treatment works except in compliance with a CTC from the director unless as otherwise provided for by this chapter and standards contained in this chapter. Furthermore, no owner shall cause or allow any sewerage systems or treatment works to be operated except in compliance with a CTO issued by the director which authorizes the operation of the sewerage systems treatment works including biosolids use facilities unless otherwise provided for by this chapter and standards contained in this chapter. Conditions may be imposed on the issuance of any CTC or CTO, and no sewerage systems or treatment works may be constructed, modified, or operated in violation of these conditions.

B. Discharges of 1,000 gpd or less. On-site (located within owners property) residential sewage treatment works having a design capacity of 1,000 gallons per day or less may not be governed by this chapter and standards contained in this chapter if the performance reliability of such technology has been established by an approved testing program (9VAC25-790-210). These treatment works are regulated by other applicable regulations of the board (9VAC25-110) and of the Virginia Department of Health (12VAC5-610 and 12VAC5-640). Owners of such treatment works shall make application in accordance with and obtain the necessary permits from the board, department, or the Virginia Department of Health as appropriate via the application procedures established for such treatment works.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-110 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-50, Virginia Register Volume 20, Issue 9, eff. February 12, 2004; amended, Virginia Register Volume 24, Issue 6, eff. January 1, 2008; Volume 39, Issue 5, eff. November 23, 2022.

9VAC25-790-60. CTC and CTO waivers.

A. Small sewerage systems and treatment works. As described in this section, the requirement to formally obtain a CTC and a CTO through the provisions of this chapter and standards contained in this chapter is waived for sewerage systems having a design capacity of 40,000 gallons per day or less and serving or capable of serving a population of 400 persons or less and consisting entirely of gravity flow sewers.

B. Other waivers. A waiver for formal CTC and CTO issuance may also be granted for:

1. Construction of gravity flow sewers of 12-inch diameter design size or less;

2. Installations consisting of a single sewage pumping station having a design pumping capacity of 25 gallons per minute or less and handling a total daily volume of 2000 gallons or less;

3. Land application sites meeting the operational restrictions specified in the Virginia Pollution Abatement Permit Regulation (9VAC25-32) and the Virginia Pollutant Discharge Elimination Permit Regulation (9VAC25-31); or

4. Sites utilized entirely for research projects in accordance with this chapter, such as pilot plant studies.

C. Larger sewerage systems and treatment works. In order to qualify for a CTC and CTO waiver for collection systems serving more than 400 persons, the permittee or owner must file with the area engineer an application (see Part IV (9VAC25-790-940 et seq.) of this chapter) or a letter of intent to construct and operate such a system as described above. The letter shall be filed at least 30 days prior to the time that granting of such a waiver would be required to initiate construction. The letter shall contain a brief description of the proposed sewerage system, or land application, applicable maintenance provisions, the area to be served, the location of the proposed sewerage system, treatment works, or land application and the point of discharge or entry to the downstream sewerage system or treatment works if applicable. If the owner of the sewerage system or treatment works is not the applicant, the applicant shall demonstrate that the downstream owner will accept the design flow for connection to the downstream sewerage system or treatment works. A written statement that the additional sewage being discharged into the downstream system will be accepted may be required. If after review of the application or letter, a determination is made by the director that it is not in the best interest of public health and welfare to waive the permit requirements of this chapter and standards contained in this chapter, the owner will be so notified and will be required to obtain the applicable CTC and CTO. The requirements of this subsection are not applicable if the owner has a local review program pursuant to this chapter and standards contained in this chapter.

D. The director may revoke a waiver granted under this section in his sole discretion if he determines that the public health and welfare would be better served by issuance of a CTC and a CTO.

Statutory Authority

§ 62.1-44. 15 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-110 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-60, Virginia Register Volume 20, Issue 9, eff. February 12, 2004; amended, Virginia Register Volume 24, Issue 6, eff. January 1, 2008.

9VAC25-790-70. Reliability classification.

The department shall establish the reliability classification following discussion with the owner for inclusion in the engineer's design of the sewerage system or works. Reliability is a measurement of the ability of a component or system to perform its designated function without failure or interruption of service. Overflow criteria, such as a period of discharge, are utilized solely for the establishment of reliability classification for design purposes and are not to be construed as authorization for, or defense of, an unpermitted discharge to state waters. The reliability classification will be a major consideration for discussion at the preliminary engineering conference described in this chapter. Pump stations associated with, but physically removed from, the actual treatment works may have a different classification than the treatment works itself. The reliability classification shall be based on the water quality and public health and welfare consequences of a component or system failure. Guidelines for classifying sewerage systems and treatment works are as follows:

1. Reliability Class I. Sewerage systems or treatment works whose location, or discharge, or potential discharge (i) is sufficiently close to residences, public water supply, shellfish, or recreation waters; (ii) has a volume or character; or (iii) for which minimal dilution of 10 to 1, receiving water volume to discharge volume, based on permit flow values is not provided year round, such that permanent or unacceptable damage could occur to the receiving waters or public health and welfare if normal operations were interrupted.

2. Reliability Class II. Sewerage systems or treatment works whose location or discharge, or potential discharge, due to its volume or character, would not permanently or unacceptably damage or affect the receiving waters or public health and welfare during periods of short-term operations interruptions, but could be damaging if continued interruption of normal operation were to exceed 24 hours.

3. Reliability Class III. Sewerage systems or treatment works not otherwise classified as Reliability Class I or Class II.

Unless designated as applying to a particular reliability class, all requirements specified in this chapter and standards contained in this chapter apply equally to all reliability classes.

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-120 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-70, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

9VAC25-790-80. CTC procedures.

A. CTCs are issued by the director, but all requests for a CTC shall be directed initially to the area engineer that serves the area where the sewerage system or treatment works is located. The procedure for obtaining the permit includes one or more of the following steps:

1. The submission of an application;

2. A preliminary engineering conference;

3. The establishment of the reliability classification of the sewage collection or treatment works;

4. Submission and evaluation of a preliminary engineering proposal or concept;

5. The submission and evaluation of plans, specifications, design criteria and other data in the number requested by the area engineer;

6. The evaluation of an operation and maintenance manual;

7. The evaluation of a sludge management plan.

B. A formal technical evaluation involving a detailed engineering analysis of the plans, specifications and other design documents by the area engineer may be required. Advanced treatment designs (Article 8 of Part III), nutrient control designs (Article 10 of Part III), and alternative technology (9VAC25-790-210) will typically require a formal technical evaluation. A formal technical evaluation of submitted documents prior to issuance of a permit in accordance with this chapter may be waived following a review of the preliminary engineering proposal or concept provided that the owner's consultant submits a statement that the design will meet the requirements established through this chapter and standards contained in this chapter.

C. Notification. Informal and formal technical evaluations will be completed and the owner notified at least informally of the resulting decision within 30 days of receipt of complete documents unless the director grants the area engineer additional time to complete such evaluations on a specified design. In addition, written notice of the decision will be provided to the owner no later than 15 days after completion of the evaluation.

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-130 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-80, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

9VAC25-790-90. CTC application.

All applications for a CTC shall be submitted on a form provided by the department and shall be submitted by the owner or authorized agent to the appropriate area engineer as specified at least 30 days of the time an owner desires to be notified of the required procedure for issuance of a CTC, or at least 180 days prior to the date that the owner desires to begin construction. An application for a CTC or a sewerage system shall be accompanied by notification that local government will issue necessary approvals and design data verifying that downstream capacity is available to adequately convey and treat the design flows in accordance with these regulations. An application for a CTC for a sewerage system or treatment works will not be considered complete until evidence is submitted that a complete application has been submitted for a VPDES permit or VPA permit. The owner will be notified by the department within 30 days of receipt of a complete application if a technical evaluation of preliminary or final design documents is required following the preliminary engineering conference, if held.

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-140 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-90, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

9VAC25-790-100. Preliminary engineering conference.

A preliminary conference with the appropriate area engineer as specified will be held within 15 days of the owner's request for the meeting for proposed treatment works and pump station designs to establish the requirements for submission of the information necessary for a determination by the director relating to the issuance of a CTC. The applicant's engineer shall be prepared to set forth the sewage collection or treatment problems and the proposed solution in such a manner as to support the conclusions and recommendations presented at this meeting. A preliminary engineering proposal may be submitted prior to, during, or following the preliminary conference. Minutes of the meeting shall be recorded and distributed to the concerned parties.

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-150 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-100, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

9VAC25-790-110. Preliminary engineering proposal.

A. Objective. The objective is to facilitate a determination by the department that the proposed design selected by the owner either requires, or does not require, submission of design documents for a formal technical evaluation to establish that the following standards will be reliably met by operation of the facility or system: (i) compliance with effluent limitations and treatment requirements established by the board or department; and (ii) conformance with applicable minimum requirements established by this chapter and standards contained in this chapter, in order that a CTC be issued.

B. Content. The preliminary engineering proposal when submitted for evaluation shall consist of an engineering report and preliminary plans which shall contain the necessary data to portray the sewerage system or treatment works problems and solutions. The requirement for a complete preliminary engineering proposal for small flow or minor projects (design flow less than one million gallons per day (mgd)) can be waived by the department in accordance with the letter from the owner's engineer summarizing the agreements reached at the preliminary engineering conference. For all proposals involving sewerage systems or treatment works, whether new or upgraded, the engineer shall make an evaluation of the l00-year flood elevation at the proposed site or sites, using available data and sound hydrologic principles. If a flood potential is indicated, the flood plain boundaries shall be delineated on a site map, showing its relation to the proposed facility or facilities and actions proposed to comply with this chapter shall be included in the preliminary engineering proposal or with the letter summarizing the agreements reached at the preliminary engineering conference. A conceptual plan for closure of the treatment works shall be discussed prior to final design to anticipate such an occurrence. On major projects (design flow of 1 mgd or more) excluding sewerage systems that are exempted from technical evaluation, the preliminary engineering proposal can include as a minimum the following information as applicable:

1. Mapping of present site location and evaluation of site constraints.

2. Data supporting predicted service population.

3. Identification of specific service area for immediate consideration and possible extensions.

4. Data, including reliable measurements or predictions of design flow and analyses of sewage constituents as a basis of process design.

5. Description of treatment process and flow plans identifying the proposed arrangement of basins, piping and related equipment with unit operation design parameters and sizes.

6. Description of sludge management method.

7. Plan for imposed operations requirements, i.e., certain unit operations may be required to operate independently of others in accordance with the reliability classification, while achieving the treatment performance necessary to meet permit limits under average design conditions.

8. Demonstration of compliance with state and local laws and regulations.

9. Summary of findings, conclusions and recommendations.

10. Description of existing institutional constraints or other unresolved problems that influence selection of alternative solutions.

11. Estimate of capital and operating costs of all alternatives presented if available as public information.

12. For those projects for which a Virginia Revolving Loan will be requested, the ways in which the special requirements contained in Title II of P.L. 92-500 will be met (infiltration, cost effectiveness, etc.).

13. Staffing and operating requirements for facility.

14. Identification consistent with all applicable area wide plans, of drainage basin, service area, and metropolitan area plans.

15. Designation of owner's representative for design purposes.

16. For land application proposals, the information required by Part III (9VAC25-790-310 et seq.) of this chapter, as appropriate.

The format for the Preliminary Engineering Proposal is listed in Part IV (9VAC25-790-940 et seq.) of this chapter.

C. Approval. The department will approve or disapprove the preliminary engineering proposal and notify the owner in accordance with 9VAC25-790-80 C.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-160 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-110, Virginia Register Volume 20, Issue 9, eff. February 12, 2004; Volume 39, Issue 5, eff. November 23, 2022.

9VAC25-790-120. Construction drawings (plans).

A. Construction drawings (plans) for sewerage systems or treatment works improvements for which a technical evaluation is required shall provide the information necessary to determine that the owner's final plans, specifications, and other documents satisfy (i) requirements established by these regulations and engineering standards of practice; and (ii) the minimum requirements and limiting factors established in the owner's approved preliminary engineering proposal. The final plans should include:

B. Final engineering documents. Drawings, plans, specifications and other engineering documents that are submitted to the area engineer for a technical evaluation shall be in substantial compliance with this chapter prior to issuance of a CTC by the director. Engineering documents may be submitted by the owner to the area engineer following the preliminary engineering conference, or following a technical evaluation of the preliminary engineering proposal if required. Up to four copies shall be submitted to the area engineer for non-Virginia Revolving Loan Fund funded projects and up to five copies shall be submitted for projects financed through the Virginia Revolving Loan Fund. The original of the letter of submittal with appropriate signature(s) shall accompany the engineering documents. The letter of submittal should identify any necessary actions to be taken by the area engineer to expedite evaluation of the submitted documents.

All drawings, specifications, engineer's reports and other documents submitted for evaluation shall be prepared by or under the supervision of appropriately licensed professionals, legally qualified to practice in Virginia, in accordance with the provisions of §§ 54.1-400 to 54.1-411 of the Code of Virginia inclusive.

All submitted plans for sewerage systems or treatment works shall bear a suitable title showing the name of the municipality, sewer district, institution or other owner and shall show the scale in feet, a graphical scale, the north point, date and the name of the appropriate licensed professional. Also, each plan sheet shall bear the same general title identifying the overall project, and each shall be numbered. Appropriate subtitles shall be included on the individual sheets. The plans shall be clear and legible. They shall be drawn to a scale that will permit all necessary information to be plainly shown. The size of the plans should be no larger than 36 inches by 48 inches. The datum used should be indicated. Locations of all special features, when made, shall be shown on the plans. Logs of test borings should be given either on plans or in the specifications. Detail plans shall consist of plan views, elevations, sections, and supplementary views which, together with the specifications and general layouts, provide the working information for the contract and construction of the works. The plans shall include dimensions and relative elevations of structures, the location and outline form of equipment, location and size of piping, water levels, ground elevations, and erosion control abatement facilities. Data shall be provided for proposed additions of flow to existing sewerage systems indicating that the additional sewage flow from the proposed project will have no adverse impact on the operation of downstream facilities.

C. Sewerage systems. Plans submitted for new construction or substantial modification (increasing flow capacity by more than 25%) of sewage collection piping shall include the following: the location, size, type and direction of flow of all existing and proposed sanitary sewers involved in the project.

1. Detailed plans when submitted for evaluation shall provide complete and properly scaled graphical depictions of design information. Profiles shall have a horizontal scale of not more than 100 feet to the inch and a vertical scale of not more than 10 feet to the inch. The plan view shall be drawn to a corresponding horizontal scale. Plans and profiles shall show:

a. Location of streets and sewers with an identification system.

b. Ground surface elevations and manhole stationing.

c. Invert elevations of sewers at each manhole.

d. Size and grade of sewer between adjacent manholes.

e. Any special construction features.

2. All manholes shall be labeled in an established manner on the plan and correspondingly labeled on the profile. If a community does not allow the connection of basement drains to the sewer, this may be stated on the plans as a basis for exemption, and the plans need not show the elevations and locations of basement floors. Where there is any question of the sewer being sufficiently deep to serve any residence, the elevation and location of the basement floor shall be plotted on the profile of the sewer which is to serve the house in question. The engineer shall state that all sewers are sufficiently deep to serve adjacent basements except where otherwise noted on the plans.

3. Sewerage system plans shall identify locations of all special features such as inverted siphons, concrete encasement, elevated sewers, all known existing structures both above and below ground that might interfere with the proposed construction, particularly water mains, gas mains, storm drains, etc.

4. Special detail drawings, made to a scale to clearly show the nature of the design, shall be furnished to show the following particulars:

a. All stream crossings and sewer outlets, with elevations of the streambed and normal and design flow water levels.

b. Details of all sewer joints and cross sections requiring special construction such as concrete encasement.

c. Details of all sewer appurtenances such as manholes, inspection chambers, inverted siphons, regulators, tide gates and elevated sewers.

D. Sewage pumping stations. Plans submitted for technical evaluation involving new construction or substantial modification (increasing flow capacity by more than 25%) of pumping stations shall address the following design information: (i) the location and extent of the tributary area; (ii) the location of municipal boundaries within the tributary area; and (iii) the location of the pumping station and force main and pertinent elevations.

1. For new construction the forms of land use (commercial, residential, and agricultural) and access control proposed for the near future over a 100-foot radius from the pumping station structure shall be indicated. Existing buildings and their types within 100 feet of the pumping station shall be indicated. Submission of detailed plans would not be required for upgraded pump stations that are issued, or included in, a final operating permit.

2. Detailed plans submitted for evaluation shall provide the following design information where applicable:

a. A contour map of the property to be used.

b. Proposed pumping station equipment layout and capacities including provisions for installation of future pumps or ejectors. Proper references to the specifications should be included.

c. Elevations of operating levels of sewage contained in the wet well at the site and the estimated locations of raw sewage overflows in the collection system upon occasion of pump failure resulting in high water levels in the wet well.

d. Test borings and ground water elevations, if taken.

e. Plan and elevation views of the pump suction (from the wet well) and discharge piping showing all isolation valves and gates.

E. Treatment works. Plans submitted for technical evaluation of projects involving new construction or substantial modifications (increasing flow capacity by more than 25%) of treatment works shall identify the treatment works relative to the remainder of the system. For new construction, the plan shall include sufficient topographic features to indicate its location relative to streams and the point of discharge of treated effluent. Also the forms of land use (commercial, residential, and agricultural, existing or proposed) and access controls for the near future over a 700-foot radius from the proposed treatment works structures must be indicated. Existing buildings and their type of use within 700 feet of the new treatment works site shall be adequately described, e.g., by means of topographic maps, aerial photos, drawings, etc.

1. For technical evaluation, the proposed treatment works design submittal shall include the following as specified:

a. Topography and other characteristics of the site as specified:

b. Size and location of treatment works structures.

c. Schematic flow diagram showing the flow through various treatment works unit operations.

d. Piping, including any arrangements for bypassing individual unit operations. Materials handled and direction of flow through channels, pipes and unit operations shall be shown, including arrangements for independent operation.

e. Hydraulic flow profiles showing the average relative surface elevations of mainstream and sidestream flows of sewage, supernatant and sludge as influent, effluent and flow within the channels, piping, pumps and basins that comprise the treatment works.

f. Soil characteristics including hydraulic conductivity established by soil tests and test borings and hydrologic factors, such as ground water elevations, that can affect the treatment of disposal capacity.

2. For technical evaluation, detailed plans shall include the following:

a. Location, dimensions and elevations of all existing and proposed treatment works unit operations solids handling facilities and equipment.

b. Elevations of high water levels affecting the treatment works design and to which the treatment works effluent is to be discharged or absorbed.

c. Pertinent data concerning the rated capacity of all pumps, blowers, motors and other mechanical devices. All or part of such data may be included in the specifications by suitable reference on the plans.

d. Average and maximum elevations for the hydraulic flow profile within the unit operations.

e. Adequate description of any features not otherwise covered by specifications or engineer's report.

3. Facility closure plans shall address the following information as a minimum:

a. Residual wastewater and solids treatment, removal and final disposition.

b. Removal of structures, equipment, piping and appurtenances.

c. Site grading and erosion and sediment control.

d. Restoration of site vegetation and access control.

e. Proposed land use (post-closure) of site.

F. Plans submitted for technical evaluation of biosolids use facilities, including substantial modifications (new location of storage on site, or increasing design capacity by more than 20%) from that previously approved shall identify the proposed locations, management practices, biosolids sources, treatment and quality information as required. For new construction, the plan shall include sufficient topographic features to indicate its location relative to streams and other land use facilities, as required. The forms of land use (commercial, residential, and agricultural existing or proposed) buffer zones and access controls, for the near future, surrounding the proposed biosolids use facilities must be indicated. Existing buildings and their type of use within 200 feet of the new site shall be adequately described (e.g., by means of topographic maps, aerial photos, drawings, etc.).

Facility closure plans shall address the following information as a minimum:

1. Residual wastewater and sludge treatment, removal and final disposition.

2. Removal of structures, equipment, piping and appurtenances.

3. Site grading and erosion and sediment control.

4. Restoration of site vegetation and access control.

5. Proposed land use (postclosure) of site.

.G. Approval. The area engineer will approve or disapprove the construction drawings and notify the owner in accordance with 9VAC25-790-80 C.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-170 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-120, Virginia Register Volume 20, Issue 9, eff. February 12, 2004; amended, Virginia Register Volume 24, Issue 6, eff. January 1, 2008.

9VAC25-790-130. Specifications.

A. Content. Complete technical specifications for the construction of sewers, sewage pumping stations, treatment works, biosolids use facilities including subsurface disposal pre-treatment and all appurtenances, shall accompany the plans submitted for technical evaluation.

The specifications accompanying construction drawings shall include, but not be limited to, all construction information not shown on the drawings which is necessary to inform the contractor in detail of the design requirement as to the quality of materials and workmanship and fabrication of the project and the type, size, strength, operating characteristics and rating of equipment, including machinery, pumps, valves, piping, and jointing of pipe, electrical apparatus, wiring and meters; laboratory fixtures and equipment; operating tools, construction materials, special filter materials such as stone, sand, gravel or slag; miscellaneous appurtenances; chemicals when used; instructions of testing materials and equipment as necessary to meet design requirements and standards of practice; and operating tests for the completed works and component units.

B. Submittal. Specifications shall be submitted to the area engineer in the number and distribution specified in this chapter. One copy of the submitted documents shall bear on an initial page the original seal imprint and signature of the appropriately registered professional who prepared the specifications or under whose direct supervision the specifications were prepared for electronic submission of documents. For electronic submittal of documents, a transmittal letter shall bear the original seal and signature. Submission of specifications for gravity systems to the area engineer will not be required for those municipalities or privately owned sewerage systems that are either approved to participate in the local review program or have received department approval of local standards for design and construction. Local review participation requirements are described in 9VAC25-790-230.

C. Approval. The area engineer will approve or disapprove the specifications and notify the owner in accordance with 9VAC25-790-80 C.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-180 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-130, Virginia Register Volume 20, Issue 9, eff. February 12, 2004; amended, Virginia Register Volume 24, Issue 6, eff. January 1, 2008.

9VAC25-790-140. Operation and maintenance manuals.

A. Content. Operation and maintenance manuals including the monitoring and operating requirements contained in 9VAC25-790-260 through 9VAC25-790-300 shall be prepared for all sewerage systems, pumping stations, and treatment works evaluated in accordance with this chapter, except as noted in this chapter. Owners shall submit updated information for any operational changes that affect treatment capacity or operational performance by 25% or more. Manuals for new construction or revised pages for existing but modified (upgraded) facilities submitted to the area engineer for evaluation will also be processed.

Copies of the manual submitted to the area engineer shall be in the number up to that specified for plans. An evaluation will not commence until the applicant has submitted all necessary information (see 9VAC25-790-950).

B. Evaluation. The department will evaluate the technical contents of the manual and will notify the owner (and manual preparer if appropriate) of the approval of the manual, or of any necessary revisions to the manual. The owner is responsible for ensuring that the required revisions are made and submitted to the department. If the additions or revisions to the manual are deemed satisfactory the department may not formally notify the owner who may implement those changes.

C. Approval. The department will approve or disapprove the manual and notify the owner in accordance with 9VAC25-790-80 C. If the manual is conditionally approved as submitted, such notification will include the conditions, if any, which must be satisfied for final approval. The owner will be responsible for ensuring that such conditions are satisfied in accordance with the CTO (9VAC25-790-190).

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-190 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-140, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

9VAC25-790-150. Sludge management plans.

A. Evaluation. The general purpose of the plan is to facilitate a determination by the department that the management plan developed by the owner in accordance with the department administered VPDES or VPA permit program (9VAC25-31 and 9VAC25-32) presents the necessary technical guidance and regulatory requirements to facilitate the proper management of sewage sludge, including use of biosolids, for both normal conditions and generally anticipated adverse conditions. The evaluation by the department may address methods of controlling and monitoring the quality of sludge by the owner and the means of use or disposal of that sludge by the owner or his agent.

Three types of biosolids storage may be integrated into a complete sludge management plan in accordance with the Virginia Pollution Abatement Permit Regulation (9VAC25-32) including (i) "emergency storage" involving immediate implementation of storage for any sludge that becomes necessary due to unforeseen circumstances, (ii) "temporary storage" involving the provision of storage of stabilized sludges at the land application site that becomes necessary due to unforeseen climatic events that preclude land application of biosolids in the day that it is transported from the generator, and (iii) "routine storage" involving the storage of biosolids as necessary for all nonapplication periods of the year. The requirements for the design of biosolids storage facilities are located in 9VAC25-32.

B. Approval. The department will approve or disapprove the manual and notify the owner in accordance with 9VAC25-790-80 C.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-200 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-150, Virginia Register Volume 20, Issue 9, eff. February 12, 2004; amended, Virginia Register Volume 24, Issue 6, eff. January 1, 2008.

9VAC25-790-160. Formal requirements for the submission of engineering data.

In accordance with the provisions of §§ 54.1-400 to 54.1-411 of the Code of Virginia, inclusive, all drawings, specifications, and engineer's reports submitted for approval shall be prepared by or under the supervision of a licensed professional engineer legally qualified to practice in Virginia. One copy of the submitted documents, including drawings, the engineer's report, and the specifications submitted for review and evaluation, shall bear the signed imprint of the seal of the licensed professional engineer who prepared or supervised the preparation and be signed with an original signature. For electronic submission of documents, a transmittal letter shall bear the original seal and signature. In addition, each drawing submitted shall bear an imprint or a legible facsimile of such seal. Submissions of technical information for evaluation by the department shall identify the appropriate qualifications of the preparer of such information (i.e., license or certification).

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-210 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-160, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

9VAC25-790-170. Processing of plans, specifications and other engineering documents.

All reports, construction drawings, specifications and operation and maintenance manuals submitted to the department must be received at least 90 days prior to the date upon which action by the department is desired. If the plans and specifications are found to be incomplete or inadequate for detailed evaluation, the department will notify the party submitting the documents of the information necessary for a complete submittal within 30 days of receipt of the plans and specifications. If revisions to the plans or specifications are necessitated, a letter will be sent to the engineer who prepared them within 30 days of receipt outlining the necessary revisions. Revised plans or specifications constitute a resubmittal; therefore, additional time will be necessary for the review and technical evaluation (9VAC25-790-80 C). The owner may request the approval to begin construction prior to this notification in accordance with the provisions of this chapter. Preliminary plans and the engineer's report should be submitted for review and evaluation prior to the preparation of final plans unless the area engineer has agreed to omit this step in the evaluation process. One set of the approved plans and specifications will be stamped by the area engineer and returned to the owner.

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-220 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-170, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

9VAC25-790-180. CTC.

A. Issuance. Upon approval of the proposed design by the area engineer, including any submitted plans and specifications, if required, the director will issue a CTC to the owner within 15 days of such approval to construct or modify his sewerage systems or treatment works in accordance with the approved design and submitted plans and specifications.

B. Revisions. Any deviations from the approved design or the submitted plans and specifications significantly (25% or more variation from original for sewerage systems or treatment works and 20% or more for biosolids use facilities) affecting hydraulic conditions (flow profile), unit operations capacity, the functioning of the sewage treatment process, or the quality of treated effluent discharged, must be approved by the area engineer before any such changes are made. Revised plans and specifications shall be submitted in time to allow 30 days for the review, evaluation and approval of such plans or specifications before any construction work that will be affected by such changes is begun, unless the owner has received approval to proceed from the department prior to either a formal submittal of revisions, or the department approval of submitted revisions.

C. Completion of construction. A statement shall be submitted by the owner assuring completion of construction and an inspection of the constructed system works will be scheduled in accordance with the provisions of this chapter.

1. Upon completion of the construction or modification of the sewerage systems or treatment works, the owner shall submit to the area engineer a statement signed by a licensed professional engineer stating that the construction work was completed in accordance with the approved plans and specifications, or revised only in accordance with the provisions of subsection B of this section. This statement is called a Statement of Completion of Construction and shall be based upon inspections of the sewerage systems or treatment works during and after construction or modifications that are adequate to ensure the truth of the statement.

2. The owner shall contact the area engineer and request that a final inspection of the completed construction be made so that either a conditional, or a final, CTO can be issued. Within 30 days after placing a new or modified sewerage systems or treatment works into operation, the effluent produced should be sampled and tested in a manner sufficient to demonstrate compliance with approved specifications and permit requirements. The area engineer shall be notified of the time and place of the tests and the results of the tests shall be sent to the area engineer for evaluation as part of the final CTO.

3. A closure plan should be submitted with or prior to the statement of completion of construction in accordance with this chapter.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-230 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-180, Virginia Register Volume 20, Issue 9, eff. February 12, 2004; amended, Virginia Register Volume 24, Issue 6, eff. January 1, 2008.

9VAC25-790-190. CTO.

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

B. Conditional CTO. A conditional CTO may be issued specifying final approval conditions, with specific time periods, for completion of unfinished work, submission of operations and maintenance manual, sludge management plans, or other appropriate items.

The director may issue a conditional CTO to owners of sewerage systems or treatment works 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 approval of a closure plan and subsequent submission of the statement of completion of construction.

C. Final CTO. Consideration will be given to issuance of an interim CTO to individual unit operations of the treatment process 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.

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-240 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-190, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

9VAC25-790-200. CTO modifications or revocation actions.

A. Amendment or reissuance. The director may amend or reissue a CTO where there is a change in the manner of the collection, the treatment, or the source of sewage or sewage sludge at the permitted location, or for any other cause incident to the protection of the public health and welfare, provided notice is given to the owner, and, if one is required, a hearing held in accordance with the provisions of the Administrative Process Act.

B. Revocation or suspension. The director may suspend or revoke a CTO in accordance with the Administrative Process Act for the following reasons:

1. Failure to comply with the conditions of the CTO.

2. Violation of Title 62.1 of the Code of Virginia or of any of this chapter from which no variance or waiver has been granted.

3. Change in ownership.

4. Abandonment of the sewerage systems or treatment works.

5. Any of the grounds specified in § 62.1-44.2 of the Code of Virginia.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-250 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-200, Virginia Register Volume 20, Issue 9, eff. February 12, 2004; amended, Virginia Register Volume 24, Issue 6, eff. January 1, 2008.

9VAC25-790-210. Nonconventional methods, processes or equipment.

A. Policy. The policy of the department is to encourage the development of any new or nonconventional methods, processes, and equipment that appear to have application for the treatment or conveyance of sewage. Sewage treatment methods, processes, and equipment may be subject to a special permit application procedure if (i) they are not covered by the Manual of Practice (Part III (9VAC25-790-310 et seq.) of this chapter) and (ii) they are in principle, or application, deemed to be nonconventional.

B. Provisional CTO. The performance reliability of nonconventional processes and equipment shall have been thoroughly demonstrated through an approved testing program for similar installations (loadings of 75% or more of design level) before they may be considered for conventional approval and use. Where the department approves such a testing program, a provisional CTO will be issued for treatment works in which new or nonconventional processes and equipment are to be evaluated. The provisional CTO will specify conditions related to the testing requirements and agreements necessary for issuance of a final CTO. The owner of the facility shall submit the required test results to the department according to an approved schedule for approval prior to issuance of a final CTO. It is the owner's responsibility to operate in compliance with requirements imposed by permits issued for the sewerage system or treatment works.

C. Assurance resources. As a prerequisite to the issuance of a provisional CTO, the owner must furnish assurance of financial ability or resources available to modify, convert, or replace, the new or nonconventional processes or equipment in the event the performance reliability cannot be established over the period of time specified by the provisional CTO. These assurances may be in the form of funds placed in escrow, letters of credit, performance bonds, etc., which would revert to the facility owner if performance reliability cannot be established.

D. Performance reliability testing. All procedures used in testing of the performance reliability shall be conducted under the supervision of a licensed professional engineer who shall attest to the accuracy of sampling and testing procedures. The required samples shall be tested through a qualified laboratory. The testing program shall provide as a minimum the following:

1. Samples shall be collected at designated locations at a stated frequency and analyzed in accordance with provisions of the provisional CTO. The minimum testing period shall be 12 months under the comparable environmental and operational conditions for which the process and equipment will receive conventional approvals for any additional installations.

2. All analyses shall be made in accordance with the 19th Edition of Standard Methods for the Examination of Water and Wastewater (1995) and 40 CFR Part 136 as published in the 40 CFR July 1, 2017, update and 82 FR 40836 (August 28, 2017), or other approved analytical methods.

E. CTC. After the area engineer evaluates the plans and testing data, the director can issue a CTC if the performance data verifies that the method, process, or equipment can perform reliably in accordance with the design specifications and the operation standards of Part II, and that the method, process, or equipment may be installed as conventional for similar site specific operation.

F. Provisional CTO. Upon completion of construction or modification, a provisional CTO for a definite period of time will be issued for the operation of the nonconventional methods, processes, and equipment. Not more than one provisional CTO will be granted for a similar installation during the evaluation period. The provisional CTO shall require that:

1. The evaluation period shall be a minimum of 12 months and no longer than 18 months,

2. The holder of a provisional CTO must submit reports on operation during the evaluation period. The reports shall be prepared by either a licensed professional engineer experienced in the field of environmental engineering, the owner's operating or engineering staff, or a qualified testing firm.

G. Final CTO. The director will issue a final CTO upon lapse of the provisional CTO, if, on the basis of testing during that period, the new or nonconventional method, process, or equipment demonstrates reliable performance in accordance with permit requirements and the operation standards of Part II. If the standards are not met, then the owner shall provide for modification of the sewerage systems or treatment works, in a manner that will enable those standards to be met in accordance with this chapter.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, 124, 403, and 503.

Historical Notes

Former 12VAC5-581-260 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-210, Virginia Register Volume 20, Issue 9, eff. February 12, 2004; Volume 34, Issue 19, eff. June 13, 2018.

9VAC25-790-220. Local review for sewerage systems.

In lieu of obtaining a CTC and CTO for each sewage collection project, an owner may elect to obtain approval for a master plan and subsequent local review for connections to, or extensions of, existing sewerage systems. The area engineer will provide technical review support for review of such requests. The following procedure for obtaining the approval for local review shall be used:

1. Local plans and specifications. The owner shall develop, adopt, and request approval of general local specifications and plan details covering sewage collection design and construction. For local government or owner approvals, the sewerage system owner must provide for preparation and evaluation of design documents either within the appropriate local government agency, or by separate professional entities or firms, and submit a formal description of such arrangements to the area engineer for evaluation and approval by the director.

2. Master plan. The owner shall develop a plan which outlines the following system specific requirements and the owner's method of compliance with such requirements:

a. Design criteria and construction specifications used by the owner,

b. Evidence that personnel with the training and experience necessary to ensure compliance with the program requirements are employed by the owner,

c. Location of interceptors and force mains, with design flows, for each designated service area within the collection systems conveying flow to the treatment works, and

d. A certificate method for certifying that sewerage system projects meet the requirements of these regulations, and that the project is in compliance with the master plan and local standards and specifications approved by the director.

The local owner approval certificate should describe the project to be constructed in accordance with bid documents and provide for the identification, position and signature of the local official responsible for project oversight.

3. Extensions. Sewer line extensions shall not be undertaken if such construction results in an increase in the number of equivalent residential connections (total flow divided by the product of 100 gpd times the service population), unless the receiving sewerage system and treatment works have been issued a final CTO in accordance with this chapter verifying that there is adequate capacity to handle the project design flows.

4. Sewerage systems covered by this section will not be issued separate CTOs unless special operation requirements dictate a need for permit issuance.

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-280 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-220, Virginia Register Volume 20, Issue 9, eff. February 12, 2004; Errata, 20:12 VA.R. 1526 February 23, 2004.

9VAC25-790-230. Compliance with Part II (9VAC25-790-260 et seq.--Operational Regulations) of this chapter.

A. CTOs issued prior to July 1, 2003. CTOs issued by either the board (including joint certificates to operate) or through the local health department, prior to July 1, 2003, shall continue in force until reissued or amended in accordance with this chapter.

B. Monitoring. All sewerage systems and treatment works owners shall comply with the Part II operational regulations except as provided in accordance with this chapter. Any owner may request technical assistance from the area engineer as necessary to implement corrective action. The director may require the owner or operator of any sewerage systems or treatment works to: (i) develop either an operation plan or an operation and maintenance manual for approval by the department and (ii) install, use, and maintain monitoring equipment for internal process testing of sewage flowing through the treatment works in order to identify and determine the causes of operational problems and to determine the necessary corrective actions to correct such problems. If required, test results shall be recorded, compiled, and reported to the area engineer in a format approved by the department.

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-290 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-230, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

9VAC25-790-240. Compliance with Part III (9VAC25-790-310 et seq.--Manual of Practice) of this chapter.

A. The design guidelines set forth in Part III (9VAC25-790-310 et seq.) of this chapter specify general criteria and minimum standards for the design and construction of sewerage systems and treatment works and are not intended to be used as a substitute for engineering experience and judgment used in accordance with standards of practice.

B. Additional standards. The director may impose standards and requirements which are more stringent than those contained in Part III of this chapter when required for critical areas or special conditions. Any such special standards and requirements including those associated with a State Revolving Loan program shall take precedence over the criteria in Part III of this chapter and will be items that warrant careful consideration at the preliminary engineering conference referenced in this chapter. Designs submitted for sewerage systems or treatment works must demonstrate that the system or works will adequately safeguard public health and welfare and will comply with the CTO and VPDES or VPA permit requirements, as appropriate.

C. Substantial compliance. Submissions that are in substantial compliance with Part III (9VAC25-790-310 et seq.) of this chapter or additional requirements of the department as noted above will be approved. Justification for a design may be required for those portions of the submitted design which differ from these criteria. The design engineer shall identify and justify noncompliance with specific design standards or "shall" criteria that the department identifies, or that the design engineer, in his judgment, believes to be substantial in nature. The department may request changes in designs that are not in substantial compliance with Part III of this chapter and that are not adequately justified by the engineer/owner.

D. Exceptions. Compliance with Part III of this chapter will not be required for sewerage systems or treatment works that have received the approval of the Virginia Department of Health and the board and on which modifications and construction have been commenced prior to February 27, 2002, or January 1, 2008, for biosolids use facilities. Construction or modification of sewerage systems or treatment works is deemed to be commenced for purposes of this chapter upon receipt of complete final engineering documents by the area engineer. The fact that significant work was accomplished on a specific project prior to adoption of this chapter and standards contained in this chapter shall be a consideration when evaluating applications.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-3000 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-240, Virginia Register Volume 20, Issue 9, eff. February 12, 2004; amended, Virginia Register Volume 24, Issue 6, eff. January 1, 2008.

9VAC25-790-250. Sewage Collection and Treatment Advisory Committee.

A. The director shall appoint a Sewage Collection and Treatment Regulation Committee consisting of at least eight appointed members and four ex-officio members as specified in this section. Advisory committee membership should be representative of large size and small size communities and their consultants.

B. Organizations. Appointed committee members shall be selected from organizations such as:

a. The Virginia Water Environment Association (VWEA).

b. Virginia Association of Municipal Wastewater Agencies (VAMWA).

c. Virginia Society of Professional Engineers.

d. Sewerage Systems and Treatment Works Owners.

e. Consulting Engineers Council of Virginia.

f. State universities and college faculty.

Consideration shall also be given to appropriate citizens who are not members of these organizations and other interested parties and groups such as the Citizens Conservation Network.

C. Terms. All terms for appointed members should be four years in duration, and members shall not be appointed for more than two consecutive terms. Four of the eight appointed members shall serve an initial term of two years with subsequent terms of four years.

The director will designate two ex officio members from the department, and the Commissioner of the Virginia Department of Health shall be requested to designate one ex officio member from his staff. Each committee member may designate an alternate to serve when necessary. The secretary to the committee will be a staff member of the department.

D. Purpose. The function of the committee will be to meet, discuss issues, and make recommendations directly to the director, concerning this chapter and standards contained in this chapter and other policies, procedures, and programs for regulating sewerage systems and treatment works. The committee will meet semi-annually or more frequently at the call of the chairman. The committee's meeting will be advertised and open to the public, and comments and recommendations from the public will be received.

Statutory Authority

§ 62.1-44.19 of the Code of Virginia.

Historical Notes

Former 12VAC5-581-310 derived from Virginia Register Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-250, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

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