Current through Register Vol. 41, No. 3, September 23, 2024
A. A PBR
may be transferred to a new owner or operator through an administrative
amendment to the permit. The department will incorporate the administrative
changes to the PBR after the receipt of notification of the change in a form
acceptable to the department, including a written agreement between the
existing and new owner or operator containing a specific date for transfer of
permit responsibility, coverage, and liability between them. The transfer of
the PBR to the new owner or operator shall be effective on the date specified
in the written agreement. Information required for a change of ownership shall
be submitted to the department within 30 days of the transfer date. The
department will not consider the change of operator, ownership, or controlling
interest for a facility to be effective until the department receives
notification from both the original applicant and the new applicant.
B. A PBR name may be changed through an
administrative amendment to the permit as follows.
1. Information required for a change of
ownership shall be submitted to the department within 30 days of the change
date.
2. The department will
incorporate the administrative changes to the PBR after receipt of the
notification in a form acceptable to the department.
C. Modification to an existing PBR, with the
exception of administrative changes, shall be in accordance with the provisions
of 9VAC15-100-30 B and as follows.
1. The
applicant shall submit the modification application and include the facility
address, documents, maps, and studies supporting the changes to the existing
permit. Information that is unchanged in the existing PBR shall not be
submitted. Unchanged information shall be identified and certified as unchanged
in the modification application.
2.
In addition to the information required in subdivision 1 of this subsection, a
modification to an existing PBR shall also require a certification from the
local government pursuant to 9VAC15-100-30 A 2, a public comment period
pursuant to 9VAC15-100-90, and the appropriate fee pursuant to
9VAC15-100-110.
3. Upon receipt of
all required documents and applicable fees, the department will review the
modification submittal in accordance with the provisions of 9VAC15-100-30
C.
D. Recordkeeping and
reporting shall be performed as follows.
1.
The owner or operator shall furnish notification of the following milestones:
a. The date the project began construction
within 30 days after such date;
b.
The date the project began commercial operation within 30 days of such
date;
c. The date of any onsite
construction or maintenance that could impact the project's mitigation and
avoidance plan within 15 days after such date;
d. A map of the project post construction
clearly showing infrastructure configuration relative to any required
mitigation and incorporates any onsite changes resulting from any onsite
construction or maintenance that could impact the project mitigation and
avoidance plan within 90 days of completion of such work; and
e. For projects that contain mitigation for
historic resources, a post-construction demonstration of completed mitigation
requirements according to the approved mitigation within 90 days of completion
of such work.
2. A copy
of the site map clearly showing any resources to be avoided or mitigated shall
be maintained onsite during construction.
3. Upon request, the owner shall furnish to
the department copies of records required to be kept by this PBR.
4. Within 30 days of notification, any
information requested by the department.
E. The department may enforce provisions of
this chapter in accordance with §§ 10.1-1197.9, 10.1-1197.10, and
10.1-1197.11 of the Code of Virginia. In so doing, the department may:
1. Issue directives in accordance with the
law;
2. Issue special orders in
accordance with the law;
3. Issue
emergency special orders in accordance with the law;
4. Seek injunction, mandamus, or other
appropriate remedy as authorized by the law;
5. Seek civil penalties under the law;
or
6. Seek remedies under the law,
or under other laws including the common law.
F. Pursuant to the Virginia Administrative
Process Act (§ 2.2-4000 et seq. of the Code of Virginia), terminate the
permit by rule whenever the department finds that the applicant has:
1. Knowingly or willfully misrepresented or
failed to disclose a material fact in any report or certification required
under this chapter;
2. Failed to
comply with the conditions or commitments stated within the permit by rule
application; or
3. Violated the
project's mitigation plan.
Statutory Authority: §§ 10.1-1197.5 and
10.1-1197.6 of the Code of Virginia.
