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 actual discharge to state waters, such owner shall file with the Board an application for a certificate in scope and detail satisfactory to the Board.
B. If the application involves a system or works from which there is or is to be a discharge to state waters, the application shall be given public notice by publication once a week for two successive weeks in a newspaper of general circulation in the county or city where the certificate is applied for or by such other means as the Board may prescribe. Before issuing the certificate, the Board shall consult with and give consideration to the written recommendations of the State Department of Health pertaining to the protection of public health. Upon completion of advertising, the Board shall determine if the application is complete, and if so, shall act upon it within 21 days of such determination. The Board shall approve such application if it determines that minimum treatment requirements will be met and that the discharge will not result in violations of water quality standards. If the Board disapproves the application, it shall state what modifications or changes, if any, will be required for approval.
C. After the certificate has been issued or amended by the Board, the owner shall acquire from the Department of Environmental Quality (i) authorization to construct the systems or works for which the Board has issued a discharge certificate and (ii) upon completion of construction, authorization to operate the sewerage system or sewage treatment works. These authorizations shall be obtained in accordance with regulations promulgated by the Board.
D. Any owner operating under a valid certificate issued by the Board who fails to meet water quality standards established by the Board solely as a result of a change in water quality standards or in the law shall provide the necessary facilities approved by the Department of Environmental Quality, in accordance with the provisions of subsection C of this section, within a reasonable time to meet such new requirements. The Board may amend such certificate, or revoke it and issue a new one to reflect such facilities after proper hearing, with at least 30 days' notice to the owner of the time, place and purpose thereof. If such revocation or amendment of a certificate is mutually agreeable to the Board and the owner involved, the hearing and notice may be dispensed with.
E. The Board shall revoke the certificate in case of a failure to comply with all such requirements and may issue a special order under subdivisions (8a), (8b), and (8c) of § 62.1-44.15.
Code 1950, § 62.1-33; 1968, c. 659; 1970, c. 638; 1976, c. 661; 1991, c. 194; 2003, c. 614.
Structure 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
§ 62.1-44.3:1. Certified mail; subsequent mail or notices may be sent by regular mail
§ 62.1-44.4. Control by Commonwealth as to water quality
§ 62.1-44.6. Chapter supplementary to existing laws
§ 62.1-44.6:1. Permit rationale
§ 62.1-44.8. Number, appointment and terms of members
§ 62.1-44.9. Qualifications of members
§ 62.1-44.12. Records of proceedings; special orders, standards, policies, rules and regulations
§ 62.1-44.13. Inspections and investigations, etc.
§ 62.1-44.14. Chairman; Executive Director; employment of personnel; supervision; budget preparation
§ 62.1-44.15:01. Further duties of Board; localities particularly affected
§ 62.1-44.15:03. Disposal of fill; notice to locality
§ 62.1-44.15:1.1. Special orders; penalties
§ 62.1-44.15:1.2. Lake level contingency plans
§ 62.1-44.15:2. Extraordinary hardship program
§ 62.1-44.15:3. When application for permit considered complete
§ 62.1-44.15:4. Notification of local governments and property owners
§ 62.1-44.15:4.1. Listing and notice of confirmed oil releases and discharges
§ 62.1-44.15:5.01. Coordinated review of water resources projects
§ 62.1-44.15:5.02. Low-flow protections in Potomac River
§ 62.1-44.15:5.1. General permit for certain water quality improvement activities
§ 62.1-44.15:5.2. General permits for ready-mix concrete plant discharges
§ 62.1-44.15:6. Permit fee regulations
§ 62.1-44.15:7. Permit Program Fund established; use of moneys
§ 62.1-44.15:8. Conformance with federal requirements
§ 62.1-44.15:20. Virginia Water Protection Permit
§ 62.1-44.15:21. Impacts to wetlands
§ 62.1-44.15:23. Wetland and stream mitigation banks
§ 62.1-44.15:23.1. Wetland and Stream Replacement Fund established
§ 62.1-44.15:26.1. Termination of Construction General Permit coverage
§ 62.1-44.15:27.2. Rural Tidewater localities; water quantity technical criteria; tiered approach
§ 62.1-44.15:27.3. Acceptance of signed and sealed plan in lieu of local plan review
§ 62.1-44.15:27.4. Department acceptance of plans in lieu of plan review
§ 62.1-44.15:28.1. Pollutant removal by dredging
§ 62.1-44.15:29.2. Stormwater Local Assistance Fund, estimate of requests
§ 62.1-44.15:41. (For expiration date - see notes) Private rights; liability
§ 62.1-44.15:41. (For effective date - see notes) Liability of common interest communities
§ 62.1-44.15:49.1. MS4 industrial and high-risk programs
§ 62.1-44.15:51. (For expiration date - see notes) Definitions
§ 62.1-44.15:51. (For effective date - see notes) Definitions
§ 62.1-44.15:53. Certification of program personnel
§ 62.1-44.15:55.1. Department review of erosion and sediment control plans for solar projects
§ 62.1-44.15:56.1. Department acceptance of plans in lieu of plan review
§ 62.1-44.15:62. Judicial appeals
§ 62.1-44.15:66. No limitation on authority of Department of Energy
§ 62.1-44.15:67. Cooperative state-local program
§ 62.1-44.15:70. Exclusive authority of Board to institute legal actions
§ 62.1-44.15:72. Board to develop criteria
§ 62.1-44.15:73. Local government authority
§ 62.1-44.15:75. Local governments outside of Tidewater Virginia may adopt provisions
§ 62.1-44.15:76. Local government requirements for water quality protection
§ 62.1-44.15:77. Effect on other governmental authority
§ 62.1-44.15:78. State agency consistency
§ 62.1-44.15:79. Vested rights protected
§ 62.1-44.15:80. Findings and purpose
§ 62.1-44.15:81. Application and preparation of draft certification conditions
§ 62.1-44.15:82. Public notice of draft certification conditions
§ 62.1-44.15:83. Requests for public hearing, hearings, and final decisions procedures
§ 62.1-44.15:84. Requests for modification or revocation; public notice
§ 62.1-44.16. Industrial wastes
§ 62.1-44.16:1. Local enforcement of industrial waste permits
§ 62.1-44.17:1. Permits for confined animal feeding operations
§ 62.1-44.17:1.1. Poultry waste management program
§ 62.1-44.17:3. Toxic substances reduction in state waters; report required
§ 62.1-44.17:4. Evaluation of toxics removal and remediation technology
§ 62.1-44.18:2. When Board may prohibit discharge; permits
§ 62.1-44.19. Approval of sewerage systems and sewage treatment works
§ 62.1-44.19:1. Prohibiting sewage discharge under certain conditions in Virginia Beach
§ 62.1-44.19:3.1. Certification of sewage sludge land applicators
§ 62.1-44.19:3.2. Local enforcement of sewage sludge regulations
§ 62.1-44.19:3.3. Septage disposal
§ 62.1-44.19:3.4. Notification of local governing bodies
§ 62.1-44.19:5. Water quality monitoring and reporting
§ 62.1-44.19:6. Citizen right-to-know provisions
§ 62.1-44.19:7. Plans to address impaired waters
§ 62.1-44.19:8. Control of discharges to toxic-impaired water
§ 62.1-44.19:9. Transmission of toxics information
§ 62.1-44.19:10. Assessment of sources of toxic contamination
§ 62.1-44.19:11. Citizen water quality monitoring program
§ 62.1-44.19:12. Legislative findings and purposes
§ 62.1-44.19:14. Watershed general permit for nutrients
§ 62.1-44.19:15. New or expanded facilities
§ 62.1-44.19:16. Technology-based standards and effluent limitations
§ 62.1-44.19:18. Nutrient allocation compliance and reporting
§ 62.1-44.19:19. Program audits
§ 62.1-44.19:21. Nutrient credit use by regulated entities
§ 62.1-44.19:21.1. Sediment credit use by regulated MS4s
§ 62.1-44.19:21.2. Nutrient and sediment credit generation and transfer; public body
§ 62.1-44.19:22. Enforcement and penalties
§ 62.1-44.19:20. (Contingent expiration date - See Editor's note) Nutrient credit certification
§ 62.1-44.19:20. (Contingent effective date - See Editor's note) Nutrient credit certification
§ 62.1-44.20. Right to entry to obtain information, etc.
§ 62.1-44.21. Information to be furnished to Board
§ 62.1-44.23:1. Intervention of Commonwealth in actions involving surface water withdrawals
§ 62.1-44.24. Testing validity of regulations; judicial review
§ 62.1-44.27. Rules of evidence in hearings
§ 62.1-44.28. Decisions of the Board in hearings pursuant to §§ 62.1-44.15 and 62.1-44.25
§ 62.1-44.30. Appeal to Court of Appeals
§ 62.1-44.33. Board to adopt regulations; tidal waters no discharge zones
§ 62.1-44.34:9. Powers and duties of Board
§ 62.1-44.34:11. Virginia Petroleum Storage Tank Fund
§ 62.1-44.34:12. Financial responsibility
§ 62.1-44.34:13. Levy of fee for Fund maintenance
§ 62.1-44.34:15. Oil discharge contingency plans
§ 62.1-44.34:15.1. Regulations for aboveground storage tanks
§ 62.1-44.34:16. Financial responsibility for vessels and facilities
§ 62.1-44.34:18. Discharge of oil prohibited; liability for permitting discharge
§ 62.1-44.34:19. Reporting of discharge
§ 62.1-44.34:19.1. Registration of aboveground storage tanks
§ 62.1-44.34:19.2. Recordkeeping and access to records and facilities
§ 62.1-44.34:20. Enforcement and penalties
§ 62.1-44.34:21. Administrative fees
§ 62.1-44.34:22. Applicability of Administrative Process Act
§ 62.1-44.34:25. Virginia Spill Response Council created; purpose; membership
§ 62.1-44.34:26. Responsibilities of the Council