Vol. 37 Iss. 15 - March 15, 2021

Chapter 415

REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 3, which excludes regulations that consist only of changes in style or form or corrections of technical errors. The State Water Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 9VAC25-415. Policy for the Potomac River Embayments (amending 9VAC25-415-30).

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

Effective Date: April 14, 2021.

Agency Contact: Melissa Porterfield, State Water Control Board, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email


The amendments update the names of two regulations referenced in the regulation.

9VAC25-415-30. Policy requirements.

A. Existing discharges shall meet the requirements of 9VAC25-415-40 within five years from April 2, 1997, unless exempted under subsection B, C or D of this section. New dischargers shall meet the requirements of 9VAC25-415-40 immediately.

B. Existing discharges with design flows less than 0.05 mgd shall be exempt from meeting the requirements of 9VAC25-415-40 until the completion of their next design flow expansion.

C. Failing septic systems. Existing residential homes, industrial and commercial operations, public facilities, and any other operation where a septic drain field system has failed shall be exempt from the requirements of 9VAC25-415-40, provided that the applicant demonstrates that it is not feasible to connect to a publicly-owned treatment plant and that there is no feasible alternative except to discharge. Discharge permits shall be issued in conformance with the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation (9VAC25-31-10 et seq.) and Virginia General Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons per Per Day (9VAC25-110-10 et seq.).

D. Other exemptions. The requirements of 9VAC25-415-40 shall not apply to the following types of discharges: combined sewer overflows, stormwater, corrective action remediation, and industrial discharges where BOD and nutrients are not primary pollutants of concern.

VA.R. Doc. No. R21-6370; Filed February 22, 2021