Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 25 - STATE WATER CONTROL BOARD
Chapter 192 - VIRGINIA POLLUTION ABATEMENT (VPA) REGULATION AND GENERAL PERMIT FOR ANIMAL FEEDING OPERATIONS AND ANIMAL WASTE MANAGEMENT
Section 9VAC25-192-50 - Authorization to manage pollutants
Universal Citation: 9 VA Admin Code 25-192-50
Current through Register Vol. 41, No. 3, September 23, 2024
A. Owner of an animal feeding operation. Any owner governed by this general permit is hereby authorized to manage pollutants at animal feeding operations provided that the owner files the registration statement of 9VAC25-192-60, complies with the requirements of 9VAC25-192-70, and provided that:
1. The owner has not been required to obtain
a VPDES permit or an individual VPA permit according to subdivision 2 of
9VAC25-32-260;
2. The operation of the animal feeding
operation shall not contravene the Water Quality Standards, as amended and
adopted by the board, or any provision of the State Water Control Law. There
shall be no point source discharge of wastewater to surface waters of the state
except in the case of a storm event greater than the 25-year, 24-hour storm.
Agricultural stormwater discharges are permitted. Domestic sewage shall not be
managed under this general permit. Industrial waste shall not be managed under
this general permit, except for wastes that have been approved by the
department and are managed in accordance with
9VAC25-192-70;
3. The owner of any proposed pollutant
management activities or those which have not previously been issued a valid
Virginia Pollution Abatement (VPA) permit or Virginia Pollutant Discharge
Elimination System (VPDES) permit must attach to the registration statement,
the Local Government Ordinance Form (a notification from the governing body of
the county, city or town where the operation is located that the operation is
consistent with all ordinances adopted pursuant to Chapter 22 (§ 15.2-2200
et seq.) of Title 15.2 of the Code of Virginia).
4. The owner shall obtain Department of
Conservation and Recreation approval of a nutrient management plan for the
animal feeding operation prior to the submittal of the registration statement.
The owner shall attach to the registration statement a copy of the approved
nutrient management plan and a copy of the letter from the Department of
Conservation and Recreation certifying approval of the nutrient management plan
that was developed by a certified nutrient management planner in accordance
with § 10.1-104.2 of the Code of Virginia. The owner shall implement the
approved nutrient management plan.
5.
a. The
owner shall give notice of the registration statement to all owners or
residents of property that adjoins the property on which the animal feeding
operation will be located. Such notice shall include (i) the types and maximum
number of animals which will be maintained at the facility and (ii) the address
and phone number of the appropriate department regional office to which
comments relevant to the registration statement may be submitted. This notice
requirement is waived whenever registration is for the purpose of renewing
coverage under the permit and no expansion is proposed and the department has
not issued any special or consent order relating to violations under the
existing permit.
b. Any person may
submit written comments on the proposed operation to the department within 30
days of the date of the filing of the registration statement. If, on the basis
of such written comments or his review, the director determines that the
proposed operation will not be capable of complying with the provisions of the
general permit, the director shall require the owner to obtain an individual
permit for the operation. Any such determination by the director shall be made
in writing and mailed to the owner not more than 45 days after the filing of
the registration statement or, if in the director's sole discretion additional
time is necessary to evaluate comments received from the public, not more than
60 days after the filing of the registration statement.
6. As required by § 62.1-44.17:1F of the
Code of Virginia, each owner of a facility covered by this general permit shall
have completed the training program offered or approved by the department in
the two years prior to submitting the registration statement for general permit
coverage, or shall complete such training within one year after the
registration statement has been submitted for general permit coverage. All
permitted owners shall complete the training program at least once every three
years.
B. Animal waste end-user. An animal waste end-user shall comply with the requirements outlined in 9VAC25-192-80 and 9VAC25-192-90.
1. When an animal waste end-user does not
comply with the requirements of
9VAC25-192-80 and
9VAC25-192-90, the department may
choose to do any or all of the following:
a.
Initiate enforcement action based upon the violation of the
regulation;
b. Require the animal
waste end-user to register for coverage under the general permit;
c. Require the animal waste end-user to apply
for the VPA individual permit; or
d. Take other actions set forth in the VPA
Permit Regulation (9VAC25-32).
2. An animal waste end-user governed by this
general permit is hereby authorized to manage pollutants relating to the
utilization and storage of animal waste provided that the animal waste end-user
files the registration statement of
9VAC25-192-60, complies with the
requirements of
9VAC25-192-70, and:
a. The animal waste end-user has not been
required to obtain a VPA individual permit according to subdivision 2 of
9VAC25-32-260;
b. The activities of the animal waste
end-user shall not contravene the Water Quality Standards, as amended and
adopted by the board, or any provision of the State Water Control Law (§
62.1-44 et seq. of the Code of Virginia). There shall be no point source
discharge of wastewater to surface waters of the state except in the case of a
storm event greater than the 25-year, 24-hour storm. Agricultural storm water
discharges are permitted. Domestic sewage shall not be managed under this
general permit. Industrial waste shall not be managed under this general
permit, except for wastes that have been approved by the department and are
managed in accordance with
9VAC25-192-70;
c. The animal waste end-user shall obtain
Department of Conservation and Recreation approval of a nutrient management
plan for land application sites where animal waste will be utilized or stored
and managed prior to the submittal of the registration statement. The animal
waste end-user shall attach to the registration statement a copy of the
approved nutrient management plan and a copy of the letter from the Department
of Conservation and Recreation certifying approval of the nutrient management
plan that was developed by a certified nutrient management planner in
accordance with § 10.1-104.2 of the Code of Virginia. The animal waste
end-user shall implement the approved nutrient management plan; and
d. As required by § 62.1-44.17:1F of the
Code of Virginia, each permitted animal waste end-user shall complete a
training program offered or approved by the department within one year of
filing the registration statement for general permit coverage. All permitted
animal waste end-users shall complete a training program at least once every
three years.
C. Continuation of permit coverage.
1. Any owner that was authorized to manage
pollutants under the general permit issued in 2004 and that submits a complete
registration statement on or before November 15, 2014, is authorized to
continue to manage pollutants under the terms of the 2004 general permit until
such time as the board either:
a. Issues
coverage to the owner under this general permit; or
b. Notifies the owner that coverage under
this permit is denied.
2. When the permittee that was covered under
the expiring or expired general permit has violated or is violating the
conditions of that permit, the board may choose to do any or all of the
following:
a. Initiate enforcement action
based upon the expiring or expired general permit;
b. Issue a notice of intent to deny coverage
under the reissued general permit. If the general permit coverage is denied,
the owner would then be required to cease the activities authorized by the
expiring or expired general permit or be subject to enforcement action for
operating without a permit;
c.
Issue an individual permit with appropriate conditions; or
d. Take other actions set forth in the VPA
Permit Regulation (9VAC25-32).
D. Receipt of this general permit does not relieve any permittee of the responsibility to comply with any other applicable federal, state or local statute, ordinance, or regulation.
Statutory Authority: § 62.1-44.15 of the Code of Virginia.
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.
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