Title of Regulation: 9VAC25-80. General Regulations under State Water Control Law - Requirement No. 1 (repealing 9VAC25-80-10).

Statutory Authority: §§ 62.1-44.3 and 62.1-44.15 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: September 30, 2020.

Effective Date: October 15, 2020.

Agency Contact: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (803) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Basis: The State Water Control Board adopted this regulation under the authority of § 62.1-44.15 of the Code of Virginia. Section 62.1-44.19 A of the Code of Virginia requires an owner to file an application for a certificate with the board before they "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."

Purpose: A periodic review of the General Regulations Under State Water Control Board - Requirement 1 (9VAC25-80) was conducted in 2019. The result of the periodic review was to repeal this regulation since it is no longer necessary. Under the Sewage Collection and Treatment (SCAT) Regulations, no person shall construct, expand, or modify a sewerage system or sewage treatment works except in compliance with a Certificate to Construct from the department and in accordance with the detailed standards contained within the regulations. As a result, the more generalized requirements of 9VAC25-80 are no longer needed and can be repealed. The amendments protect public health, safety, or welfare by removing an unnecessary regulation.

Rationale for Using Fast-Track Rulemaking Process: A periodic review of the General Regulations Under State Water Control Board - Requirement 1 (9VAC25-80) was conducted in 2019. The result of the periodic review was to repeal this regulation since it is no longer necessary and therefore the action is uncontroversial.

Substance: The entire regulation, which has only one section, is being repealed.

Issues: The primary advantage to the regulated community, public, and the Commonwealth is the removal of a regulation that contains general requirements that are included in another regulation. There are no disadvantages to the regulated community, public, or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The State Water Control Board (Board) proposes to repeal 9VAC25-80 General Regulations Under State Water Control Law - Requirement No. 1 (General Regulations).

Background. The Board's 9VAC25-790 Sewage Collection and Treatment Regulations (SCAT Regulations)¹ became effective on February 12, 2004. Under the SCAT Regulations, no person shall construct, expand, or modify a sewerage system or sewage treatment works except in compliance with a Certificate to Construct from the Department of Environmental Quality and in accordance with the detailed standards contained within the regulation. As a result, the more generalized requirements in the General Regulations became superfluous.

A periodic review of the General Regulations was conducted in 2019.² The result of the periodic review was to repeal this regulation since it is no longer necessary.

Estimated Benefits and Costs. The proposed repeal of the General Regulations would have no impact beyond the benefit of reducing potential confusion for readers of the regulation.

Businesses and Other Entities Affected. The proposed repeal would affect readers of the regulation. No costs would be introduced.

Small Businesses³ Affected. The proposed repeal does not appear to substantively affect small businesses.

Localities⁴ Affected.⁵ The proposed repeal does not appear to substantively affect localities and does not introduce costs for local governments.

Projected Impact on Employment. The proposed repeal does not affect total employment.

Effects on the Use and Value of Private Property. The proposed repeal does not appear to substantively affect the use and value of private property or real estate development costs.

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¹See https://law.lis.virginia.gov/admincode/title9/agency25/chapter790/

²See https://townhall.virginia.gov/l/ViewPReview.cfm?PRid=1780

³Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁴"Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁵§ 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The department has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

A periodic review of General Regulations under State Water Control Board - Requirement 1 (9VAC25-80) found the chapter should be repealed as unnecessary. The Sewage Collection and Treatment (SCAT) Regulations (9VAC25-790), which became effective on February 12, 2004, and contain detailed requirements for sewerage system or sewage treatment works certification, replace the more generalized requirements of 9VAC25-80. Therefore, this action repeals 9VAC25-80.