2006 Code of Virginia § 62.1-44.5 - Prohibition of waste discharges or other quality alterations of state waters except as authorized b...

62.1-44.5. Prohibition of waste discharges or other quality alterations ofstate waters except as authorized by permit; notification required.

A. Except in compliance with a certificate issued by the Board, it shall beunlawful for any person to:

1. Discharge into state waters sewage, industrial wastes, other wastes, orany noxious or deleterious substances;

2. Excavate in a wetland;

3. Otherwise alter the physical, chemical or biological properties of statewaters and make them detrimental to the public health, or to animal oraquatic life, or to the uses of such waters for domestic or industrialconsumption, or for recreation, or for other uses; or

4. On and after October 1, 2001, conduct the following activities in awetland:

a. New activities to cause draining that significantly alters or degradesexisting wetland acreage or functions;

b. Filling or dumping;

c. Permanent flooding or impounding; or

d. New activities that cause significant alteration or degradation ofexisting wetland acreage or functions.

5. Discharge stormwater into state waters from Municipal Separate Storm SewerSystems or land disturbing activities unless in compliance with a permitissued pursuant to Article 1.1 ( 10.1-603.1 et seq.) of Chapter 6 of Title10.1.

B. Any person in violation of the provisions of subsection A who dischargesor causes or allows (i) a discharge of sewage, industrial waste, other wastesor any noxious or deleterious substance into or upon state waters or (ii) adischarge that may reasonably be expected to enter state waters shall, uponlearning of the discharge, promptly notify, but in no case later than 24hours the Board, the Director of the Department of Environmental Quality, orthe coordinator of emergency services appointed pursuant to 44-146.19 forthe political subdivision reasonably expected to be affected by thedischarge. Written notice to the Director of the Department of EnvironmentalQuality shall follow initial notice within the time frame specified by thefederal Clean Water Act.

(Code 1950, 62.1-17; 1968, c. 659; 1970, c. 638; 1990, c. 717; 1996, c.119; 2000, cc. 1032, 1054; 2001, cc. 354, 383; 2004, c. 372.)