Code of Virginia - Title 62.1 Waters Of The State, Ports And Harbors - Chapter 3.1 State Water Control Law

62.1-44.2 Short title; purpose
The short title of this chapter is the State Water Control Law. It is the policy of the Commonwealth of Virginia and the purpose of ...
62.1-44.3 Definitions
Unless a different meaning is required by the context, the following terms as used in this chapter shall have the meanings hereinafter respectively ascribed to ...
62.1-44.4 Control by Commonwealth as to water quality
(1) No right to continue existing quality degradation in any state water shall exist nor shall such right be or be deemed to have been ...
62.1-44.5 Prohibition of waste discharges or other quality alterations of state waters except as authorized b...
A. Except in compliance with a certificate issued by the Board, it shall be unlawful for any person to: 1. Discharge into state waters sewage, ...
62.1-44.6 Chapter supplementary to existing laws
This chapter is intended to supplement existing laws and no part thereof shall be construed to repeal any existing laws specifically enacted for the protection ...
62.1-44.7 Board continued
The State Water Control Board established in the Executive Department of the Commonwealth, is continued. (Code 1950, § 62.1-19; 1968, c. 659; 1970, c. 638.) ...
62.1-44.8 Number, appointment and terms of members
The Board shall consist of seven members appointed by the Governor subject to confirmation by the General Assembly. Members shall be appointed for the terms ...
62.1-44.9 Qualifications of members
A. Members of the Board shall be citizens of the Commonwealth; shall be selected from the Commonwealth at large for merit without regard to political ...
62.1-44.10 Description unavailable
Repealed by Acts 1980, c. 728. ...
62.1-44.11 Meetings
The Board shall meet at least four times a year, and other meetings may be held at any time or place determined by the Board ...
62.1-44.12 Records of proceedings; special orders, standards, policies, rules and regulations
The Board shall keep a complete and accurate record of the proceedings at all its meetings, a copy of which shall be kept on file ...
62.1-44.13 Inspections and investigations, etc
The Board shall make such inspections, conduct such investigations and do such other things as are necessary to carry out the provisions of this chapter, ...
62.1-44.14 Chairman; Executive Director; employment of personnel; supervision; budget preparation
The Board shall elect its chairman, and the Executive Director shall be appointed as set forth in § 2.2-106. The Executive Director shall serve as ...
62.1-44.15 Powers and duties; civil penalties
It shall be the duty of the Board and it shall have the authority: (1) [Repealed.] (2) To study and investigate all problems concerned with ...
62.1-44.15:01 Further duties of Board; localities particularly affected
A. After June 30, 1994, before promulgating any regulation under consideration or granting any variance to an existing regulation, or issuing any permit, if the ...
62.1-44.15:02 Permits; procedures for public hearings and permits before the Board.
A. During the public comment period on a permit action, interested persons may request a public hearing to contest such action or the terms and ...
62.1-44.15:1 Limitation on power to require construction of sewerage systems or sewage or other waste treatment ...
Nothing contained in this chapter shall be construed to empower the Board to require the Commonwealth, or any political subdivision thereof, or any authority created ...
62.1-44.15:1.1 Special orders; penalties
The Board is authorized to issue special orders in compliance with the Administrative Process Act (§ 2.2-4000 et seq.) requiring that an owner file with ...
62.1-44.15:1.2 Lake level contingency plans
Any Virginia Pollutant Discharge Elimination System permit issued for a surface water impoundment whose primary purpose is to provide cooling water to power generators shall ...
62.1-44.15:2 Extraordinary hardship program
There is hereby established a supplemental program of financial assistance for the construction of water quality control facilities by political subdivisions of the Commonwealth. All ...
62.1-44.15:3 When application for permit considered complete
A. No application submitted to the Board for a new individual Virginia Pollutant Discharge Elimination permit authorizing a new discharge of sewage, industrial wastes, or ...
62.1-44.15:4 Notification of local governments and property owners
A. Upon determining that there has been a violation of a regulation promulgated under this chapter and such violation poses an imminent threat to the ...
62.1-44.15:4.1 Listing and notice of confirmed oil releases and discharges
The Department of Environmental Quality shall notify the Department of Health of any confirmed release or discharge of oil, as defined in §§ 62.1-44.34:8 and ...
62.1-44.15:5 Description unavailable
Repealed by Acts 2007, c. 659, cl. 3. ...
62.1-44.15:5.01 Coordinated review of water resources projects
A. Applications for water resources projects that require an individual Virginia Water Protection Permit and a Virginia Marine Resources permit under § 28.2-1205 shall be ...
62.1-44.15:5.02 Low-flow protections in Potomac River.
A. Virginia Water Protection Permits issued after July 1, 2007, authorizing withdrawal of water from the Potomac River or its tributaries between the West Virginia ...
62.1-44.15:5.1 General permit for certain water quality improvement activities
A. The Board shall coordinate the development of a general permit for activities such as bioengineered streambank stabilization projects and livestock stream crossings that: (i) ...
62.1-44.15:5.2 General permits for ready-mix concrete plant discharges
Any general permit issued by the Board for discharges of stormwater and process wastewater from industrial activities associated with the manufacture of ready-mix concrete shall ...
62.1-44.15:6 Permit fee regulations
A. The Board shall promulgate regulations establishing a fee assessment and collection system to recover a portion of the State Water Control Board's, the Department ...
62.1-44.15:7 Permit Program Fund established; use of moneys
A. There is hereby established a special, nonreverting fund in the state treasury to be known as the State Water Control Board Permit Program Fund, ...
62.1-44.15:8 Conformance with federal requirements
Notwithstanding the provisions of this article, any fee system developed by the Board may be modified by regulation promulgated by the Board, as may be ...
62.1-44.15:20 Virginia water protection permit
A. Except in compliance with an individual or general Virginia Water Protection Permit issued in accordance with this article, it shall be unlawful to: 1. ...
62.1-44.15:21 Impacts to wetlands
A. Permits shall address avoidance and minimization of wetland impacts to the maximum extent practicable. A permit shall be issued only if the Board finds ...
62.1-44.15:22 Water withdrawals and preservation of instream flow.
A. Conditions contained in a Virginia Water Protection Permit may include but are not limited to the volume of water which may be withdrawn as ...
62.1-44.15:23 Wetland and stream mitigation banks
A. When a Virginia Water Protection Permit is conditioned upon compensatory mitigation for adverse impacts to wetlands or streams, the applicant may be permitted to ...
62.1-44.16 Industrial wastes
(1) Any owner who erects, constructs, opens, reopens, expands or employs new processes in or operates any establishment from which there is a potential or ...
62.1-44.17 Other wastes
(1) Any owner who handles, stores, distributes or produces other wastes as defined in § 62.1-44.3, any owner who causes or permits same to be ...
62.1-44.17:1 Permits for confined animal feeding operations
A. For the purposes of this chapter, "confined animal feeding operation" means a lot or facility, together with any associated treatment works, where both of ...
62.1-44.17:1.1 Poultry waste management program
A. As used in this section, unless the context requires a different meaning: "Commercial poultry processor" means any animal food manufacturer, as defined in § ...
62.1-44.17:2 Definitions
As used in this article, unless the context requires a different meaning: "Toxicity" means the inherent potential or capacity of a material to cause adverse ...
62.1-44.17:3 Toxics reduction in state waters; report required
A. The Board shall (i) conduct ongoing assessments of the amounts of toxics in Virginia's waters and (ii) develop and implement a plan for the ...
62.1-44.17:4 Evaluation of toxics removal and remediation technology
The Board shall conduct a review of instream toxics removal or remediation technologies, a minimum of once every five years, to determine whether (i) new ...
62.1-44.18 Sewerage systems, etc., under supervision of Board and Department of Environmental Quality; Board t...
A. All sewerage systems and sewage treatment works shall be under the general supervision of the Board. B. The Department of Environmental Quality shall, when ...
62.1-44.18:1 Description unavailable
Repealed by Acts 1991, c. 194. ...
62.1-44.18:2 When Board may prohibit discharge; permits
A. Notwithstanding any other provision of this chapter, the Board shall have the authority to prohibit any present or proposed discharge of sewage, industrial wastes, ...
62.1-44.18:3 Permit for private sewerage facility; financial assurance; violations; waiver of filing
A. No person shall operate a privately owned sewerage system or sewerage treatment works, including an LHS 120 facility, that discharges more than 1,000 gallons ...
62.1-44.19 Approval of sewerage systems and sewage treatment works
A. Before any owner may erect, construct, open, expand or operate a sewerage system or sewage treatment works which will have a potential discharge or ...
62.1-44.19:1 Description unavailable
Not set out. (1972, c. 840.) ...
62.1-44.19:2 Description unavailable
Not set out. (1972, c. 840; 1975, c. 373; 1976, c. 188.) ...
62.1-44.19:3 Prohibition on land application, marketing and distribution of sewage sludge without permit; ordina...
A. 1. No owner of a sewage treatment works shall land apply, market or distribute sewage sludge from such treatment works except in compliance with ...
62.1-44.19:3.1 Certification of sewage sludge land applicators.
A. The Board, with the assistance of the Department of Health, and the Department of Professional and Occupational Regulation shall adopt regulations and standards for ...
62.1-44.19:3.2 Local enforcement of sewage sludge regulations.
A. Any locality that has adopted an ordinance for the testing and monitoring of the land application of sewage sludge pursuant to § 62.1-44.19:3 shall ...
62.1-44.19:3.3 Septage disposal.
The Board shall have the authority to issue permits that prescribe the terms and conditions upon which septage may be disposed of by land application. ...
62.1-44.19:3.4 Notification of local governing bodies.
A. Whenever the Department receives an application for land disposal of treated sewage, stabilized sewage sludge, or stabilized septage, the Department shall notify the local ...
62.1-44.19:4 Definitions
As used in this article unless the context requires a different meaning: "Clean Water Act" means the Federal Water Pollution Control Act, as amended, (33 ...
62.1-44.19:5 Water quality monitoring and reporting
A. The Board shall develop the reports required by § 1313(d) (hereafter the 303(d) report) and § 1315(b) (hereafter the 305(b) report) of the Clean ...
62.1-44.19:6 Citizen right-to-know provisions
A. The Board, based on the information in the 303(d) and 305(b) reports, shall: 1. Request the Department of Game and Inland Fisheries or the ...
62.1-44.19:7 Plans to address impaired waters
A. The Board shall develop and implement a plan to achieve fully supporting status for impaired waters, except when the impairment is established as naturally ...
62.1-44.19:8 Control of discharges to toxic-impaired water
Owners of establishments that discharge toxics to toxic-impaired waters shall evaluate the options described in §§ 10.1-1425.10 and 10.1-1425.11 in determining the appropriate means to ...
62.1-44.19:9 Transmission of toxics information
The Virginia Department of Health and the Department of Environmental Quality shall cooperate, in accordance with a memorandum of agreement to be signed by the ...
62.1-44.19:10 Assessment of sources of toxic contamination
The Department of Environmental Quality shall develop a written policy describing the circumstances or factors that indicate the need to conduct an assessment of potential ...
62.1-44.19:11 Citizen water quality monitoring program
A. The Department of Environmental Quality shall establish a citizen water quality monitoring program to provide technical assistance and may provide grants to support citizen ...
62.1-44.19:12 Legislative findings and purposes.
The 2000 Chesapeake Bay Agreement and related multistate cooperative and regulatory initiatives (i) establish allocations for nitrogen and phosphorus delivered to the Chesapeake Bay and ...
62.1-44.19:13 Definitions.
As used in this article, unless the context requires a different meaning: "Annual mass load of total nitrogen" (expressed in pounds per year) means the ...
62.1-44.19:14 Watershed general permit for nutrients.
A. By January 1, 2006, or as soon thereafter as possible, the Board shall issue a Watershed General Virginia Pollutant Discharge Elimination System Permit, hereafter ...
62.1-44.19:15 New or expanded facilities
A. An owner or operator of a new or expanded facility shall comply with the applicable requirements of this section as a condition of the ...
62.1-44.19:16 Technology-based standards and effluent limitations.
A. The Board may establish a technology-based standard less stringent than the applicable standard specified in § 62.1-44.19:15 based on a demonstration by an owner ...
62.1-44.19:17 Virginia Nutrient Credit Exchange Association authorized; duties; composition; appointment; terms...
A. The permittees under the general permit may establish a nonstock corporation under Chapter 10 (§ 13.1-801 et seq.) of Title 13.1, to be known ...
62.1-44.19:18 Nutrient allocation compliance and reporting.
A. Each permitted facility shall be in compliance with its individual waste load allocations if: (i) its annual mass load is less than the applicable ...
62.1-44.19:19 Program audits.
In addition to its permit compliance and enforcement authority, the Department is authorized to conduct such audits of the Association and permittees as it deems ...
62.1-44.20 Right to entry to obtain information, etc
Any duly authorized agent of the Board may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, ...
62.1-44.21 Information to be furnished to Board
The Board may require every owner to furnish when requested such plans, specifications, and other pertinent information as may be necessary to determine the effect ...
62.1-44.22 Private rights not affected
The fact that any owner holds or has held a certificate issued under this chapter shall not constitute a defense in any civil action involving ...
62.1-44.23 Enforcement by injunction, etc
Any person violating or failing, neglecting or refusing to obey any rule, regulation, order, water quality standard, pretreatment standard, or requirement of or any provision ...
62.1-44.23:1 Intervention of Commonwealth in actions involving surface water withdrawals
The Board, in representing the public's interest, shall have the authority and standing to intervene as an interested party in any civil action, including actions ...
62.1-44.24 Testing validity of regulations; judicial review
(1) The validity of any regulation may be determined through judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et ...
62.1-44.25 Right to hearing
Any owner under §§ 62.1-44.16, 62.1-44.17, and 62.1-44.19 aggrieved by any action of the Board taken without a formal hearing, or by inaction of the ...
62.1-44.26 Hearings
A. The formal hearings held under this chapter shall be conducted pursuant to § 2.2-4009 or 2.2-4020 and may be conducted by the Board itself ...
62.1-44.27 Rules of evidence in hearings
In all hearings under this chapter: (1) All relevant and material evidence shall be received, except that (a) the rules relating to privileged communications and ...
62.1-44.28 Decisions of the Board in hearings pursuant to {{ 62.1-44.15 and 62.1-44.25
To be valid and operative, the decision by the Board rendered pursuant to hearings under subdivisions (8a), (8b), and (8c) of §§ 62.1-44.15 and 62.1-44.25 ...
62.1-44.29 Judicial review
Any owner aggrieved by or any person who has participated, in person or by submittal of written comments, in the public comment process related to ...
62.1-44.30 Appeal to Court of Appeals
From the final decision of the circuit court an appeal may be taken to the Court of Appeals as provided in § 17.1-405. (1970, c. ...
62.1-44.31 Violation of special order or certificate or failure to cooperate with Board
It shall be unlawful for any owner to fail to comply with any special order adopted by the Board, which has become final under the ...
62.1-44.32 Penalties
(a) Any person who violates any provision of this chapter, or who fails, neglects, or refuses to comply with any order of the Board, or ...
62.1-44.33 Board to adopt regulations
The State Water Control Board is empowered and directed to adopt all necessary regulations for the purpose of controlling the discharge of sewage and other ...
62.1-44.34 Description unavailable
Repealed by Acts 1978, c. 816. ...
62.1-44.34:1 through 62.1-44.34:6
Repealed by Acts 1990, c. 917. ...
62.1-44.34:7 Description unavailable
Repealed by Acts 1989, c. 627. ...
62.1-44.34:8 Definitions
The following terms as used in this article shall have the meanings ascribed to them: "Aboveground storage tanks" means any one or combination of tanks, ...
62.1-44.34:9 Powers and duties of Board
The Board is responsible for carrying out the provisions of this article and compatible provisions of federal acts and is authorized to: 1. Enforce the ...
62.1-44.34:10 Definitions
The following terms as used in this article shall have the meanings ascribed to them: "Aboveground storage tanks" means any one or combination of tanks, ...
62.1-44.34:11 Virginia Petroleum Storage Tank Fund
A. The Virginia Petroleum Storage Tank Fund is hereby established as a nonlapsing revolving fund to be used by the Board for (i) administering the ...
62.1-44.34:12 Financial responsibility
A. The Board shall adopt regulations that conform to the federal financial responsibility requirements of 42 U.S.C. § 6991b(d) and any regulations adopted thereunder. Owners ...
62.1-44.34:13 Levy of fee for Fund maintenance
A. In order to generate revenue for the Fund and to make the Fund available to owners and operators of underground storage tanks and to ...
62.1-44.34:14 Definitions
As used in this article unless the context requires a different meaning: "Aboveground storage tank" means any one or combination of tanks, including pipes, used ...
62.1-44.34:15 Oil discharge contingency plans
A. No operator shall cause or permit the operation of a facility in the Commonwealth unless an oil discharge contingency plan applicable to the facility ...
62.1-44.34:15.1 Regulations for aboveground storage tanks
The Board shall adopt regulations and develop procedures necessary to prevent pollution of state waters, lands, or storm drain systems from the discharge of oil ...
62.1-44.34:16 Financial responsibility for vessels and facilities
A. The operator of any tank vessel entering upon state waters shall have a Certificate of Financial Responsibility approved by the U.S. Coast Guard pursuant ...
62.1-44.34:17 Exemptions
A. Sections 62.1-44.34:15 and 62.1-44.34:16 do not apply to a facility having a maximum storage or handling capacity of less than 25,000 gallons of oil ...
62.1-44.34:18 Discharge of oil prohibited; liability for permitting discharge
A. The discharge of oil into or upon state waters, lands, or storm drain systems within the Commonwealth is prohibited. For purposes of this section, ...
62.1-44.34:19 Reporting of discharge
A. Any person discharging or causing or permitting a discharge of oil into or upon state waters, lands, or storm drain systems within the Commonwealth ...
62.1-44.34:19.1 Registration of aboveground storage tanks
A. The Board shall compile an inventory of facilities with an aboveground storage capacity of more than 1320 gallons of oil or individual aboveground storage ...
62.1-44.34:19.2 Recordkeeping and access to records and facilities
A. All records relating to compliance with the requirements of this article shall be maintained by the operator of a facility at the facility or ...
62.1-44.34:20 Enforcement and penalties
A. Upon a finding of a violation of this article or a regulation or term or condition of approval issued pursuant to this article, the ...
62.1-44.34:21 Administrative fees
A. The Board is authorized to collect from any applicant for approval of an oil discharge contingency plan and from any operator seeking acceptance of ...
62.1-44.34:22 Applicability of Administrative Process Act
The Administrative Process Act (§ 2.2-4000 et seq.) shall govern the activities and the proceedings of the Board under this article. (1990, c. 917.) ...
62.1-44.34:23 Exceptions
A. Nothing in this article shall apply to: (i) normal discharges from properly functioning vehicles and equipment, marine engines, outboard motors or hydroelectric facilities; (ii) ...
62.1-44.34:24 Definitions
As used in this article, unless the context requires otherwise: "Council" means the Virginia Spill Response Council. "Discharge" means spillage, leakage, pumping, pouring, seepage, emitting, ...
62.1-44.34:25 Virginia Spill Response Council created; purpose; membership
A. There is hereby created the Virginia Spill Response Council. The purpose of the Council is to (i) improve the Commonwealth's capability to respond in ...
62.1-44.34:26 Responsibilities of the Council
The Council shall have the following responsibilities: 1. To foster the exchange of information between the federal, state, and local government; 2. To enhance Virginia's ...
62.1-44.34:27 Cooperation of agencies and institutions
Technical support shall be made available to the Council by the appropriate state agencies and educational institutions. (1990, c. 598.) ...
62.1-44.34:28 Council to submit annual report
The Council shall submit a report annually to the Secretaries of Natural Resources and Transportation and Public Safety, which includes (i) an evaluation of the ...

Last modified: April 3, 2009