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2023 Code of Virginia
Title 62.1 - Waters of the State, Ports and Harbors
Chapter 3.1 - State Water Control Law
Article 1. General Provisions
- § 62.1-44.2. Short title; purpose
- § 62.1-44.3. (Effective until July 1, 2024) Definitions
- § 62.1-44.3. (Effective July 1, 2024) Definitions
- § 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
- § 62.1-44.5. (Effective until July 1, 2024) Prohibition of waste discharges or other quality alterations of state waters except as authorized by permit; notification required
- § 62.1-44.5. (Effective July 1, 2024) Prohibition of waste discharges or other quality alterations of state waters except as authorized by permit; notification required
- § 62.1-44.6. Chapter supplementary to existing laws
- § 62.1-44.6:1. Permit rationale
Article 2. Control Board Generally
- § 62.1-44.7. Board continued
- § 62.1-44.8. Number, appointment and terms of members
- § 62.1-44.9. Qualifications of members
- § 62.1-44.10. Repealed
- § 62.1-44.11. Meetings
- § 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. (Effective until July 1, 2024) Powers and duties; civil penalties
- § 62.1-44.15. (Effective July 1, 2024) Powers and duties; civil penalties
- § 62.1-44.15:01. Further duties of Board; localities particularly affected
- § 62.1-44.15:02. Repealed
- § 62.1-44.15:03. Disposal of fill; notice to locality
- § 62.1-44.15:1. Limitation on power to require construction of sewerage systems or sewage or other waste treatment works; ammonia criteria
- § 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. Repealed
- § 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
- § 62.1-44.15:5.3. Requirements to test for PFAS chemicals; publicly owned treatment works
Article 2.1. Permit Fees
- § 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
Article 2.2. Virginia Water Resources and Wetlands Protection Program
- § 62.1-44.15:20. Virginia Water Protection Permit
- § 62.1-44.15:21. Impacts to wetlands
- § 62.1-44.15:22. (For contingent expiration date, see Acts 2021, Sp. Sess. I, c. 100) Water withdrawals and preservation of instream flow
- § 62.1-44.15:22. (For contingent effective date, see Acts 2021, Sp. Sess. I, c. 100) Water withdrawals and preservation of instream flow
- § 62.1-44.15:23. Wetland and stream mitigation banks
- § 62.1-44.15:23.1. Wetland and Stream Replacement Fund established
Article 2.3. Stormwater Management Act
- § 62.1-44.15:24. (Effective until July 1, 2024) Definitions
- § 62.1-44.15:24. (Effective July 1, 2024) Definitions
- § 62.1-44.15:25. (Effective until July 1, 2024) Further powers and duties of the State Water Control Board
- § 62.1-44.15:25. (Effective July 1, 2024) Further powers and duties of the State Water Control Board
- § 62.1-44.15:25.1. (Effective July 1, 2024) Additional local authority
- § 62.1-44.15:26. (For repeal date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) State permits
- § 62.1-44.15:26.1. Termination of Construction General Permit coverage
- § 62.1-44.15:27. (Effective until July 1, 2024) Establishment of Virginia Stormwater Management Programs
- § 62.1-44.15:27. (Effective July 1, 2024) Virginia Programs for Erosion Control and Stormwater Management
- § 62.1-44.15:27.1. (Effective July 1, 2024) Virginia Stormwater Management Programs administered by the Board
- § 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. (Effective until July 1, 2024) Development of regulations
- § 62.1-44.15:28. (Effective July 1, 2024) Development of regulations
- § 62.1-44.15:28.1. Pollutant removal by dredging
- § 62.1-44.15:29. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Virginia Stormwater Management Fund established
- § 62.1-44.15:29. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Virginia Stormwater Management Fund
- § 62.1-44.15:29.1. (Effective July 1, 2024) Stormwater Local Assistance Fund
- § 62.1-44.15:29.2. Stormwater Local Assistance Fund, estimate of requests
- § 62.1-44.15:30. (Effective until July 1, 2024) Education and training programs
- § 62.1-44.15:30. (Effective July 1, 2024) Training and certification
- § 62.1-44.15:31. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Annual standards and specifications for state agencies, federal entities, and other specified entities
- § 62.1-44.15:31. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Standards and specifications for state agencies, federal entities, and other specified entities
- § 62.1-44.15:32. (For repeal date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Duties of the Department
- § 62.1-44.15:33. (Effective until July 1, 2024) Authorization for more stringent ordinances
- § 62.1-44.15:33. (Effective July 1, 2024) Authorization for more stringent ordinances
- § 62.1-44.15:34. (Effective until July 1, 2024) Regulated activities; submission and approval of a permit application; security for performance; exemptions
- § 62.1-44.15:34. (Effective July 1, 2024) Regulated activities; submission and approval of a permit application; security for performance; exemptions
- § 62.1-44.15:35. (Effective until July 1, 2024) Nutrient credit use and additional offsite options for construction activities
- § 62.1-44.15:35. (Effective July 1, 2024) Nutrient credit use and additional offsite options for construction activities
- § 62.1-44.15:36. Repealed
- § 62.1-44.15:37. (Effective until July 1, 2024) Monitoring, reports, investigations, inspections, and stop work orders
- § 62.1-44.15:37. (Effective July 1, 2024) Notices to comply and stop work orders
- § 62.1-44.15:37.1. Inspections; land-disturbing activities of natural gas pipelines; stop work instructions
- § 62.1-44.15:38. (For repeal date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Department to review VSMPs
- § 62.1-44.15:39. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Right of entry
- § 62.1-44.15:39. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Right of entry
- § 62.1-44.15:40. (Effective until July 1, 2024) Information to be furnished
- § 62.1-44.15:40. (Effective July 1, 2024) Information to be furnished
- § 62.1-44.15:41. (Effective until July 1, 2024) Private rights; liability
- § 62.1-44.15:41. (Effective July 1, 2024) Liability of common interest communities
- § 62.1-44.15:42. (Repealed effective July 1, 2024) Enforcement by injunction, etc.
- § 62.1-44.15:43. (Repealed effective July 1, 2024) Testing validity of regulations; judicial review
- § 62.1-44.15:44. (Repealed effective July 1, 2024) Right to hearing
- § 62.1-44.15:45. (Repealed effective July 1, 2024) Hearings
- § 62.1-44.15:46. (Effective until July 1, 2024) Appeals
- § 62.1-44.15:46. (Effective July 1, 2024) Appeals
- § 62.1-44.15:47. (Repealed effective July 1, 2024) Appeal to Court of Appeals
- § 62.1-44.15:48. (Effective July 1, 2024) Penalties, injunctions, and other legal actions
- § 62.1-44.15:49. (Effective until July 1, 2024) Enforcement authority of MS4 localities
- § 62.1-44.15:49. (Effective July 1, 2024) Enforcement authority of MS4 localities
- § 62.1-44.15:49.1. MS4 industrial and high-risk programs
- § 62.1-44.15:50. (Effective until July 1, 2024) Cooperation with federal and state agencies
- § 62.1-44.15:50. (Effective July 1, 2024) Cooperation with federal and state agencies
Article 2.4. Erosion and Sediment Control Law
- § 62.1-44.15:51. (Effective until July 1, 2024) Definitions
- § 62.1-44.15:51. (Effective July 1, 2024) Definitions
- § 62.1-44.15:51.1. (Effective July 1, 2024) Applicability
- § 62.1-44.15:52. (Effective until July 1, 2024) Virginia Erosion and Sediment Control Program
- § 62.1-44.15:52. (Effective July 1, 2024) Virginia Erosion and Sediment Control Program
- § 62.1-44.15:53. Certification of program personnel
- § 62.1-44.15:54. (Effective until July 1, 2024) Establishment of Virginia Erosion and Sediment Control Program
- § 62.1-44.15:54. (Effective July 1, 2024) Virginia Erosion and Sediment Control Program
- § 62.1-44.15:55. (Effective July 1, 2024) Regulated land-disturbing activities; submission and approval of erosion and sediment control plan
- § 62.1-44.15:55. (Effective until July 1, 2024) Regulated land-disturbing activities; submission and approval of erosion and sediment control plan
- § 62.1-44.15:55.1. Department review of erosion and sediment control plans for solar projects
- § 62.1-44.15:56. (Repealed effective July 1, 2024) State agency and federal entity projects
- § 62.1-44.15:56.1. Department acceptance of plans in lieu of plan review
- § 62.1-44.15:57. (Effective until July 1, 2024) Approved plan required for issuance of grading, building, or other permits; security for performance
- § 62.1-44.15:57. (Effective July 1, 2024) Approved plan required for issuance of grading, building, or other permits; security for performance
- § 62.1-44.15:58. (Effective until July 1, 2024) Monitoring, reports, and inspections
- § 62.1-44.15:58. (Effective July 1, 2024) Monitoring, reports, and inspections
- § 62.1-44.15:58.1. Inspections; land-disturbing activities of natural gas pipelines; stop work instructions
- § 62.1-44.15:59. Reporting
- § 62.1-44.15:60. (Effective until July 1, 2024) Right of entry
- § 62.1-44.15:60. (Effective July 1, 2024) Right of entry
- § 62.1-44.15:61. (Repealed effective July 1, 2024) Cooperation with federal and state agencies
- § 62.1-44.15:62. Judicial appeals
- § 62.1-44.15:63. (Effective until July 1, 2024) Penalties, injunctions and other legal actions
- § 62.1-44.15:63. (Effective July 1, 2024) Penalties, injunctions and other legal actions
- § 62.1-44.15:64. (Effective until July 1, 2024) Stop work orders by Department; civil penalties
- § 62.1-44.15:64. (Effective July 1, 2024) Stop work orders by Board; civil penalties
- § 62.1-44.15:65. (Effective until July 1, 2024) Authorization for more stringent regulations
- § 62.1-44.15:65. (Effective July 1, 2024) Authorization for more stringent ordinances
- § 62.1-44.15:66. No limitation on authority of Department of Energy
Article 2.5. Chesapeake Bay Preservation Act
- § 62.1-44.15:67. Cooperative state-local program
- § 62.1-44.15:68. Definitions
- § 62.1-44.15:69. (Effective until July 1, 2024) Powers and duties of the Board
- § 62.1-44.15:69. (Effective July 1, 2024) Powers and duties of the Board
- § 62.1-44.15:70. Exclusive authority of Board to institute legal actions
- § 62.1-44.15:71. (Repealed effective July 1, 2024) Program compliance
- § 62.1-44.15:72. Board to develop criteria
- § 62.1-44.15:73. Local government authority
- § 62.1-44.15:74. Local governments to designate Chesapeake Bay Preservation Areas; incorporate into local plans and ordinances; impose civil penalties
- § 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
Article 2.6. Additional Upland Conditions for Water Quality Certification
- § 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
Article 3. Regulation of Industrial Establishments
- § 62.1-44.16. Industrial wastes
- § 62.1-44.16:1. Local enforcement of industrial waste permits
- § 62.1-44.17. Other wastes
- § 62.1-44.17:1. Permits for confined animal feeding operations
- § 62.1-44.17:1.1. Poultry waste management program
Article 3.1. Toxics Discharge Reduction
- § 62.1-44.17:2. Definitions
- § 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
Article 4. Regulation of Sewage Discharges
- § 62.1-44.18. Sewerage systems, etc., under supervision of Board and Department of Environmental Quality; Board to regulate design specification and plans
- § 62.1-44.18:1. Repealed
- § 62.1-44.18:2. When Board may prohibit discharge; permits
- § 62.1-44.18:3. Permit for private sewerage facility; financial assurance; violations; waiver of filing
- § 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
- § 62.1-44.19:2. Additional requirements on sewage discharge in the Cities of Chesapeake, Hampton, Newport News, Norfolk and Virginia Beach
- § 62.1-44.19:3. Prohibition on land application, marketing and distribution of sewage sludge without permit; ordinances; notice requirement; fees
- § 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
Article 4.01. Water Quality Monitoring, Information and Restoration Act
- § 62.1-44.19:4. Definitions
- § 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
Article 4.02. Chesapeake Bay Watershed Nutrient Credit Exchange Program
- § 62.1-44.19:12. Legislative findings and purposes
- § 62.1-44.19:13. Definitions
- § 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
- § 62.1-44.19:17. Virginia Nutrient Credit Exchange Association authorized; duties; composition; appointment; terms
- § 62.1-44.19:18. Nutrient allocation compliance and reporting
- § 62.1-44.19:19. Program audits
- § 62.1-44.19:20. (Contingent expiration date) Nutrient credit certification
- § 62.1-44.19:20. (Contingent effective date - See Editor's note) Nutrient credit certification
- § 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
- § 62.1-44.19:23. Appeals
Article 5. Enforcement and Appeal Procedure
- § 62.1-44.20. Right to entry to obtain information, etc.
- § 62.1-44.21. Information to be furnished to Board
- § 62.1-44.22. (Effective until July 1, 2024) Private rights not affected
- § 62.1-44.22. (Effective July 1, 2024) Private actions
- § 62.1-44.23. (Effective until July 1, 2024) Enforcement by injunction, etc.
- § 62.1-44.23. (Effective July 1, 2024) Enforcement by injunction, etc.
- § 62.1-44.23:1. Intervention of Commonwealth in actions involving surface water withdrawals
- § 62.1-44.24. Testing validity of regulations; judicial review
- § 62.1-44.25. (Effective until July 1, 2024) Right to hearing
- § 62.1-44.25. (Effective July 1, 2024) Right to hearing
- § 62.1-44.26. Hearings
- § 62.1-44.27. Rules of evidence in hearings
- § 62.1-44.28. Decisions of the Board in hearings pursuant to ยงยง 62.1-44.15 and 62.1-44.25
- § 62.1-44.29. (Effective until July 1, 2024) Judicial review
- § 62.1-44.29. (Effectvie July 1, 2024) Judicial review
- § 62.1-44.30. Appeal to Court of Appeals
Article 6. Offenses and Penalties
- § 62.1-44.31. (Effective until July 1, 2024) Violation of special order or certificate or failure to cooperate with Board
- § 62.1-44.31. (Effective July 1, 2024) Violation of order or certificate or failure to cooperate with Board
- § 62.1-44.32. (Effective until July 1, 2024) Penalties
- § 62.1-44.32. (Effective July 1, 2024) Penalties
Article 7. Pollution from Boats
Article 8. Discharge of Oil into Waters
Article 9. Storage Tanks
Article 10. Petroleum Storage Tank Fund
- § 62.1-44.34:10. Definitions
- § 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
Article 11. Discharge of Oil into Waters
- § 62.1-44.34:14. Definitions
- § 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
- § 62.1-44.34:17. Exemptions
- § 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
- § 62.1-44.34:23. Exceptions
Article 12. Virginia Spill Response Council
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