CHAPTER 704
An Act to authorize the State Water Control Board to adopt certain regulations relating to wastewater treatment plants.
Approved March 30, 2009
Be it enacted by the General Assembly of Virginia:
1. § 1. The State Water Control Board shall
accept petitions through July 10, 2009, for purposes of the expedited process
set forth in this section, from the facilities subject to waste load
allocations for two or more design flows based on their respective certificates
to operate as of December 31, 2010. The petitions shall be for the sole purpose
of extending the deadline to no later than December 31, 2015, to obtain the
certificate to operate at the higher design flow, subject to the condition that
such facilities shall nevertheless be required to comply with such nutrient
allocations as of January 1, 2011, whether by point source nutrient credit
exchanges under § 62.1-44.19:4 of the Code of Virginia or otherwise. The State
Water Control Board shall, with respect to these facilities, approve or deny
such petitions and adopt any regulation amendments to incorporate any approved
petitions within 180 days of the petition deadline. Prior to a final decision
on the petitions, the State Water Control Board shall provide an opportunity
for public comment.
2. That the State Water Control Board's adoption of any regulation amendments made pursuant to this act shall be exempt from Article 2 (§ 2.2-4006 et seq.) of the Code of Virginia of the Administrative Process Act.
3. That this act shall not prohibit any person from petitioning the State Water Control Board at any time to amend existing nutrient waste load allocations pursuant to § 2.2-4007.