TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board intends to consider amending 9VAC25-110, Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day. The purpose of the proposed action is to amend and reissue the existing general permit, which expires on July 31, 2026. This general permit regulation establishes limitations, monitoring requirements, and other special conditions for point source discharges of treated domestic sewage from treatment works with a design discharge flow of less than or equal to 1,000 gallons per day to surface waters to maintain surface water quality. Issues that may need to be addressed include (i) enhancing coordination with the Virginia Department of Health (VDH) because individual single-family dwellings are subject to VDH regulations as stated in 12VAC5-640, which addresses alternative discharging sewage treatment systems; (ii) considering the need and alternatives for clarifying the definition of "individual single-family dwelling"; (iii) considering options for implementing electronic reporting requirements; (iv) confirming that maintenance and monitoring requirements are well explained; (v) examining opportunities to reduce burden; and (vi) any other issues that arise from publishing this notice of intent and during the technical advisory committee meetings.

In addition, pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the board is conducting a periodic review and small business impact review of this regulation to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and 124.

Public Comment Deadline: May 8, 2024.

Agency Contact: Jeanette Ruiz, Regulatory and Guidance Analyst, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 494-9636, or email jeanette.ruiz@deq.virginia.gov.