Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 25 - STATE WATER CONTROL BOARD


Current through Register Vol. 41, No. 3, September 23, 2024

AGENCY SUMMARY

The State Water Control Board is responsible for administration of the State Water Control Law, Chapter 3.1 of Title 62.1 of the Code of Virginia. It is authorized to establish standards of quality for state waters, policies and programs for area-wide or basin-wide quality controls, and requirements for treatment of sewage and industrial and other wastes; to promote and establish requirements for the reclamation and reuse of wastewater; and to make regulations to control pollution from boats and otherwise to carry out the act. It may also issue, revoke or amend certificates for the discharge of sewage or waste or alteration otherwise of the physical, chemical, or biological properties of state waters or for excavation in a wetland. Pursuant to § 45.1-254 of the Code of Virginia, the Department of Mines, Minerals and Energy has authority for certain functions respecting coal industry discharge permits. It is vested with supervision of sewerage systems and sewage treatment works, and it may permit such systems and works. It may inspect premises, require reports, and order cessation of unlawful practices or the taking of affirmative action to achieve compliance. It may prohibit, or issue permits prescribing conditions for, discharge of wastes into any sewerage system or treatment works. Oil spills must be reported to the board, and it may require persons responsible therefore to take action to abate any pollution. Code of Virginia, Title 62.1, Chapter 3.1; Title 45.1, Chapter 19, Article 3.

The board is required to promulgate regulations in order to implement a fee schedule to recover a portion of the costs associated with the processing or denial of applications for permits and certificates. Code of Virginia, Title 62.1, Chapter 3.1, Article 2.1. The board is required to develop a regulatory program governing the storage, treatment and management of poultry waste and other confined animal feeding operations. Code of Virginia, Title 62.1, Chapter 3.1, Article 3. The board is also directed to formulate a coordinated state policy and plans and programs for the conservation and economic development of the state's water resources. Code of Virginia, Title 62.1, Chapter 3.2.

The board is responsible for the implementation of the Water Quality Monitoring, Information and Restoration Act. The board is authorized to promulgate water quality standards for those substances:

(i) listed on the Chesapeake Bay Program's "toxics of concern" list as of January 1, 1997;

(ii) listed by the U.S. EPA Administrator pursuant to § 307(a) of the federal Clean Water Act; or

(iii) identified by the board as having a particularly adverse effect on state water quality or living resources. Code of Virginia, Title 62.1, Chapter 3.1, Article 4.01.

The board is authorized to promulgate regulations with regard to aboveground and underground storage tanks in accordance with applicable federal laws and regulations, including federal financial responsibility requirements. The Virginia Petroleum Storage Tank Fund is used by the board in administering the state regulatory programs for aboveground and underground storage tanks. The board is charged with the responsibility of promulgating regulations relating to oil discharge contingency plans and financial responsibility of facilities and tank vessels transporting or transferring oil in Virginia waters. Code of Virginia, Title 62.1, Chapter 3.1, Articles 9, 10, and 11.

The board is responsible for developing regulations governing the issuance of surface water withdrawal permits, and it is authorized to designate, by regulation, surface water management areas. Code of Virginia, Title 62.1, Chapter 24.

The board is charged with the responsibility for administration of the Ground Water Management Act of 1992. The board may designate ground water management areas and issue ground water withdrawal permits prior to withdrawals in such areas. Code of Virginia, Title 62.1, Chapter 25.

The board is also authorized to administer programs of state and federal financial assistance for purposes of water quality control and conservation. Code of Virginia, Title 62.1, Chapters 3.1 and 3.2. It has issued procedures governing financial assistance for construction of publicly owned wastewater treatment works.

The board is authorized to adopt rules and regulations that include (i) standards and procedures for the conduct of mediation and dispute resolution; (ii) the appointment and function of a neutral to encourage and assist parties to voluntarily compromise or settle contested issues; and (iii) procedures to protect the confidentiality of papers, work product or other materials. Code of Virginia, Title 10.1, Chapter 11.1, Article 1.

Regulations are available for public inspection at the Department of Environmental Quality's office at 629 East Main Street, Richmond, Virginia 23219 (mailing address: P.O. Box 1105, Richmond, Virginia 23218) and at its regional offices listed individually in this title under DEQ's summary. Internet address: http://www.deq.virginia.gov.

Rev. 8/2012

Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.