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

1. The owner has not been required to obtain a Virginia Pollutant Discharge Elimination System (VPDES) permit or an individual Virginia Pollution Abatement (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 (9VAC25-260) 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 wastes 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 general permit or an individual VPA permit or VPDES permit must attach a Local Government Ordinance Form to the registration statement.

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. 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.

6. Each owner of an animal feeding operation 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.

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 the following:

2. When an animal waste end-user is required to register for coverage under this general permit, the end-user is hereby authorized to manage and store 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:

1. In any case where the board, through no fault of the owner or permittee, does not issue the next consecutive general permit with an effective date on or before the expiration date of the expiring general permit, any owner that was authorized to manage pollutants under this general permit and that submits a complete registration statement in accordance with 9VAC25-192-60 on or before the expiration date of the expiring general permit coverage, is authorized to continue to manage pollutants under the terms of the previously issued general permit. The conditions of the expiring general permit and any requirements of coverage granted under it shall continue in force until the effective date of the next consecutive general permit and until such time as the department either:

2. When the permittee that was covered under the expiring or expired general permit has violated or is violating the conditions of that general permit, the department may choose to do the following: