GENERAL NOTICES/ERRATA
Vol. 26 Iss. 5 - November 09, 2009

GENERAL NOTICES/ERRATA

STATE CORPORATION COMMISSION

Bureau of Insurance

October 13, 2009

Administrative Letter 2009-10

To: All Insurers Licensed and Recognized in Virginia

Re: Premium Tax and Assessment Practices and Procedures

Pursuant to §§ 58.1-2526 and 38.2-406 of the Code of Virginia, the State Corporation Commission Bureau of Insurance has developed and requires the Virginia Tax Packet Payment Voucher (Payment Voucher) to be filed as part of the annual tax and assessment forms due March 1 of each year. The purpose of the Payment Voucher is to provide companies the ability to pay all amounts due with one check. Payments not submitted with the Payment Voucher will not be processed. Payments received without the Payment Voucher will be sent back to the insurer with instructions to file the Payment Voucher.  Penalties and interest will apply to any payments made after the due date. The Payment Voucher must be downloaded from our website address at http://www.scc.virginia.gov/division/boi/webpages/boiinstaxinsurancecoinfo.htm or requested from the Administrative Tax Unit at (804) 371-9096, if you do not have access to the website.

The State Corporation Commission Bureau of Insurance will no longer refund monies collected as a result of companies’ failure to properly complete the Retaliatory Tax Report.  Companies later determining that funds were paid in error will have to apply via a formal petition for the correction of taxes pursuant to § 58.1-2030 of the Code of Virginia.  The application shall be by written petition, in duplicate and verified by affidavit.

Questions regarding this letter may be directed to: Brian P. Gaudiose, Deputy Insurance Commissioner, Administrative Division, State Corporation Commission, P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9078.

/s/ Alfred W. Gross

Commissioner of Insurance

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Order for Wayne Freeze, Jr.

An enforcement action has been proposed for Wayne Freeze, Jr. for alleged violations in Page County.  Mr. Freeze is a poultry waste broker and failed to submit his poultry waste transfer records by February 15 for the calendar years 2007 and 2008. A consent order with Mr. Freeze will collect a civil charge and require timely submittal of his poultry waste transfer records for 2009. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. David Robinett will accept comments by email at david.robinett@deq.virginia.gov, FAX (540) 574-7878 or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, from November 9, 2009, to December 9, 2009.

Proposed Consent Order for Galberry Corporation

An enforcement action has been proposed for Galberry Corporation for alleged violations in Chesapeake, Virginia. A consent order describes a settlement to resolve unpermitted wetland impacts that occurred adjacent to and north of Willow Road and west of Lake Shore Drive in the Jolliff Woods subdivision. The order requires corrective action and payment of a civil charge. A description of the proposed order is available at the DEQ office named below or online at www.deq.virginia.gov. Daniel J. Van Orman will accept comments by email at daniel.vanorman@deq.virginia.gov, FAX (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from November 9, 2009, to December 9, 2009.

Proposed Consent Order for Vitex Packaging, Inc.

Purpose of notice: To seek public comment on a proposed consent order from the Department of Environmental Quality for a location in Suffolk, Virginia.

Public comment period: November 9, 2009, to December 9, 2009.

Consent order description: The State Water Control Board proposes to issue a consent order to Vitex Packaging, Inc., to address alleged violations of Virginia State Water Control Law. The location where the alleged violations occurred is 1137 Progress Road, Suffolk.  The consent order describes a settlement to resolve alleged violations of the facility Virginia Pollutant Discharge Elimination System General Permit VAR05.

How to comment: DEQ accepts comments from the public by email, fax, or postal mail. All comments must include the name, address, and telephone number of the person commenting and be received by DEQ within the comment period. The public may review the proposed consent order at the DEQ office named below or on the DEQ website at www.deq.virginia.gov.

Contact for public comments, document requests, and additional information: Paul R. Smith, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone (757) 518-2020, FAX (757) 518-2009, or email paul.smith@deq.virginia.gov.

Proposed Action for Zotas Petroleums, LLC

An enforcement action has been proposed for Zotas Petroleums, LLC for alleged violations at eight of its retail gasoline facilities in Chesterfield and Henrico counties. The action requires Zota to take corrective action and pay a civil charge. A copy of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov, FAX (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from November 9, 2009, to December 10, 2009.

Total Maximum Daily Load Studies in Chuckatuck Creek, Kings Creek and Ballard Marsh Creek, Isle of Wight and Suffolk Counties

The Virginia Department of Environmental Quality will host a public meeting on water quality studies for Chuckatuck Creek, Kings Creek, and Ballard Marsh Creek located in Isle of Wight and Suffolk counties on Monday, November 9, 2009.

The meeting will start at 6:30 p.m. in the Oakland Elementary School cafeteria located at 5505 Godwin Blvd., Suffolk, Virginia. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.

Chuckatuck Creek (VAT-G11E-16) was identified in Virginia's 1998 § 303(d) TMDL Priority List and Report as impaired for not supporting the shellfishing use. The impairment is based on the shellfish harvesting condemnation of Growing Area 62 (062-080) imposed by the Virginia Department of Health - Division of Shellfish Sanitation.

Kings and Ballard Marsh Creeks (VAT-G11E-17) were also identified in Virginia's 1998 § 303(d) TMDL Priority List and Report as impaired for not supporting the shellfishing use. The impairment is based on the shellfish harvesting condemnation of Growing Area 62 (062-164) imposed by the Virginia Department of Health - Division of Shellfish Sanitation.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report and subsequent water quality assessment reports.

During the study, DEQ will develop a total maximum daily load for each impaired water. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL amount.

The public comment period on materials presented at this meeting will extend from November 9, 2009, to December 8, 2009.  For additional information or to submit comments, contact Jennifer Howell, Virginia Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone (757) 518-2111, or email jennifer.howell@deq.virginia.gov.

Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Total Maximum Daily Load for the Little Calfpasture River in Rockbridge County

The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of a total maximum daily load (TMDL) for the Little Calfpasture River in Rockbridge County. The Little Calfpasture River was listed on the 1996 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's general (benthic) standard for aquatic life. This impairment extends for 0.82 miles from the Lake Merriweather Dam to the confluence with the Maury River.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report.

The final public meeting on the development of this TMDL will be held on Thursday, November 19, 2009, 7 p.m. at the Rockbridge Baths Volunteer Fire Department, 5024 Maury River Rd., Rockbridge Baths, Virginia. The TMDL document will be available on the DEQ website on or before November 19, 2009, at www.deq.virginia.gov/TMDL.

The public comment period for the final public meeting and TMDL document will end on December 18, 2009, at 11:59 p.m.  Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Tara Sieber, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7870, FAX (540) 574-7878, or email tara.sieber@deq.virginia.gov.

Total Maximum Daily Load Study in Mattawoman Creek, Northampton County

The Virginia Department of Environmental Quality will host a public meeting on a water quality study for Mattawoman Creek, located in Northampton County, on Thursday, November 12, 2009.

The meeting will start at 7 p.m. in the Accomack-Northampton Planning District Commission office located at 23372 Front Street, Accomac, Virginia. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.

Mattawoman Creek (VAT-C14E-13) was identified in Virginia's 1998 § 303(d) TMDL Priority List and Report as impaired for not supporting the shellfishing use. The impairment is based on the shellfish harvesting condemnation of Growing Area 86 imposed by the Virginia Department of Health-Division of Shellfish Sanitation.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report and subsequent water quality assessment reports.

During the study, DEQ will develop a total maximum daily load for the impaired water.  A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards.  To restore water quality, pollutant levels have to be reduced to the TMDL amount.

The public comment period on materials presented at this meeting will extend from November 12, 2009, to December 11, 2009.  For additional information or to submit comments, contact Jennifer Howell, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone (757) 518-2111, or email jennifer.howell@deq.virginia.gov.

Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Total Maximum Daily Load Study in Pettit Branch, Accomack County

The Virginia Department of Environmental Quality will host a public meeting on a water quality study for Pettit Branch, located in Accomack County, on Thursday, November 12, 2009.

The meeting will start at 7 p.m. in the Accomack-Northampton Planning District Commission office located at 23372 Front Street, Accomac, Virginia. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.

Pettit Branch (VAT-D02R-01) was identified in Virginia's 1998 § 303(d) TMDL Priority List and Report as impaired for not supporting the aquatic life use. The impairment is based on biological monitoring data of the stream's benthic community. Virginia agencies are working to identify the stressors that are affecting the benthic communities in this creek.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's 303(d) TMDL Priority List and Report and subsequent water quality assessment reports.

During the study, DEQ will develop a total maximum daily load for the impaired water.  A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards.  To restore water quality, pollutant levels have to be reduced to the TMDL amount.

The public comment period on materials presented at this meeting will extend from November 12, 2009, to December 11, 2009. For additional information or to submit comments, contact Jennifer Howell, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone (757) 518-2111, or email jennifer.howell@deq.virginia.gov.

Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on October 13, 2009 and October 15, 2009. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, Virginia.

Final Rules for Game Operation:

Director's Order Number Seventy (09)

Virginia Lottery Retailer Cashing Bonus Program and Rules (effective 10/13/09)

Director's Order Number Seventy-Six (09)

Virginia's Instant Game Lottery 1042 "Lightning 7's" Final Rules for Game Operation (effective 10/8/09)

DEPARTMENT OF MINORITY BUSINESS ENTERPRISE

Notice of Public Comment for Certification Regulations

The Virginia Department of Minority Business Enterprise, pursuant to § 2.2-1403 of the Code of Virginia, is required to adopt regulations to implement certification programs for small, women- and minority-owned businesses. Such regulations are exempt from the Administrative Process Act (§ 2.2-400 et seq.), pursuant to subdivision B 2 of § 2.2-4002 of the Code of Virginia.

As a courtesy to the public, however, the Department of Minority Business Enterprise is accepting public comments on the adoption of new regulations found in 7VAC10-21 of the Virginia Administrative Code. The purpose of this action is to revise the administrative regulations that govern the certification of eligible out-of-state business enterprises based on its principal place of business and to conform the definition of a Virginia-based business therewith. The draft regulations are available on the Commonwealth's Regulatory Town Hall at www.townhall.virginia.gov as well as on the agency's website at www.dmbe.virginia.gov.

Public comments may be submitted electronically or via first class mail until November 13, 2009, to Paula Gentius, Esq., Executive Policy Advisor, Department of Minority Business Enterprise, 1111 East Main Street, Suite 300, Richmond, VA 23219, or email paula.gentius@dmbe.virginia.gov.

Contact Information: Paula Gentius, Esq., Executive Policy Advisor, Department of Minority Business Enterprise, 1111 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-1616, FAX (804) 371-7359, or email paula.gentius@dmbe.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Action for City of Bedford

An enforcement action has been proposed for the City of Bedford, regarding the city's sewage collection and transmission system for alleged violations of the State Water Control Law. The proposed enforcement action requires corrective action. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Robert Steele will accept comments by email at robert.steele@deq.virginia.gov, FAX (540) 562-6725, or postal mail at Department of Environmental Quality, 3019 Peters Creek Road, Roanoke, VA 24019, from November 9, 2009, to December 9, 2009.

Proposed Action for Town of Farmville

An enforcement action has been proposed for the Town of Farmville for alleged violations at the town wastewater treatment plant. The proposed enforcement action contains a schedule of compliance that details the corrective action required. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. G. Marvin Booth, III will accept comments by email at marvin.booth@deq.virginia.gov, FAX (434) 582-5125, or postal mail at Department of Environmental Quality, 7705 Timberlake Road, Lynchburg, VA 24502, from November 9, 2009, to December 10, 2009.

Proposed Consent Order for HHHunt Corporation

An enforcement action has been proposed for HHHunt Corporation for alleged violations at the Rutland development in Hanover County. The proposed consent order amendment extends the schedule for required stream restoration and requires additional stream mitigation. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Allison Dunaway will accept comments by email at acdunaway@deq.virginia.gov, FAX (804) 527-5106 or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from November 4, 2009, to December 9, 2009.

Proposed Consent Order for W. Boutros & Company

An enforcement action has been proposed for W. Boutros & Company for alleged violations in Augusta County. A proposed consent order describes a settlement to resolve alleged wetland mitigation violations at its Ana Marie Estates development. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov.  Steven W. Hetrick will accept comments by email steven.hetrick@deq.virginia.gov, FAX (540) 574-7878, or postal mail Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from November 9, 2009, to December 9, 2009.

Proposed Action for West Crossing, LLC

An enforcement action has been proposed for West Crossing, LLC at a site in Bedford County, Virginia, for alleged violations of the State Water Control Law.  The proposed enforcement action requires a civil charge.  A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov.  Robert Steele will accept comments by email at robert.steele@deq.virginia.gov, FAX (540) 562-6725, or postal mail at Department of Environmental Quality, 3019 Peters Creek Road, Roanoke, VA 24019, from November 10, 2009, to December 9, 2009.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed

Beginning with Volume 26, Issue 1 of the Virginia Register of Regulations dated September 14, 2009, the Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed will no longer be published in the Virginia Register of Regulations. The cumulative table may be accessed on the Virginia Register Online webpage at http://register.dls.virginia.gov/cumultab.htm.

Filing Material for Publication in the Virginia Register of Regulations

Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

The Office of the Virginia Register is working toward the eventual elimination of the requirement that agencies file print copies of regulatory packages. Until that time, agencies may file petitions for rulemaking, notices of intended regulatory actions and general notices in electronic form only; however, until further notice, agencies must continue to file print copies of proposed, final, fast-track and emergency regulatory packages.

ERRATA

BOARD OF PHARMACY

Title of Regulation: 18VAC110-20. Regulations Governing the Practice of Pharmacy (amending 18VAC110-20-20).

Publication: 26:2 VA.R. 271-273 September 28, 2009.

Correction to Final Regulation:

Page 273, 18VAC110-20-20 I, underscore text in subdivisions 1 through 9 to reflect added language.

VA.R. Doc. No. R10-2110