GENERAL NOTICES/ERRATA
Vol. 27 Iss. 7 - December 06, 2010

GENERAL NOTICES/ERRATA

STATE BOARD OF EDUCATION

Proposed Guidelines for the Prevention of Sexual Misconduct and Abuse in Virginia Public Schools

The Board of Education is seeking comment on the proposed Guidelines for the Prevention of Sexual Misconduct and Abuse in Virginia Public Schools. See: http://www.doe.virginia.gov/boe/meetings/2010/11_nov/agenda_items/item_h.pdf.

The 2008 General Assembly adopted legislation (HB 1439 and SB 241) amending Standard 7 of the Standards of Quality to require school boards to adopt policies addressing sexual abuse of students by teachers and other school board employees:

§ 22.1-253.13:7. Standard 7. School board policies.
A. Each local school board shall develop policies and procedures to address complaints of sexual abuse of a student by a teacher or other school board employee.

The Virginia Board of Education developed proposed Guidelines for the Prevention of Sexual Misconduct and Abuse in Virginia Public Schools to help school divisions meet their obligation under the law and create and implement policies and procedures that establish clear and reasonable boundaries for interactions between students and teachers, other school board employees, and adult volunteers.

The model policies and best practices in the document draw from policies and legislation approved by school boards and legislatures in other states and policies and best practices implemented by private and parochial schools and national youth-service organizations.

Contact Information: Charles Pyle, Director of Communications, Virginia Department of Education, P.O. Box 2120, Richmond, VA 23218, telephone (804) 225-2092, FAX (804) 225-2524, or email charles.pyle@doe.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Restore Water Quality for Clinch River

Announcement of an effort to restore water quality in the Clinch River including Plum Creek, Middle Creek, and Coal Creek in Tazewell County, Virginia.

Public meeting location: Cedar Bluff Town Hall, 115 Central Avenue, Cedar Bluff, VA on December 16, 2010, from 6 p.m. to 8 p.m.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ), Department of Mines, Minerals and Energy, and the Department of Conservation and Recreation are announcing the draft study to restore water quality, a public comment opportunity, and a public meeting.

Meeting description: Final public meeting on a study to restore water quality.

Description of study: DEQ has been working to identify sources of pollutants affecting the aquatic organisms and sources of bacteria contamination in the waters of the Clinch River including Plum Creek, Middle Creek, and Coal Creek in Tazewell County, Virginia. The Clinch River is impaired for failure to meet the recreational use because of fecal coliform bacteria violations, as well as violation of the E. coli standard from the Lincolnshire Branch confluence downstream to the Pounding Mill Branch confluence and from the Dry Branch confluence downstream to the Mill Creek confluence. Plum Creek, Middle Creek, and Coal Creek are also impaired for failure to meet the recreational use because of bacteria violations. Coal Creek is impaired for failure to meet the aquatic life use based on violations of the general standard for aquatic organisms as well.

During the study, the pollutants impairing the aquatic community have been identified and total maximum daily loads (TMDLs) developed for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. DEQ also determined the sources of bacteria contamination and developed a TMDL for bacteria. To restore water quality, contamination levels must be reduced to the TMDL amount.

How a decision is made: The development of a TMDL includes public meetings and a public comment period once the study report is drafted. After public comments have been considered and addressed, DEQ will submit the TMDL report to the U.S. Environmental Protection Agency for approval.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, December 16, 2010, to January 17, 2010. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review fact sheets: Fact sheets are available on the impaired waters from the contacts below or on the DEQ website at www.deq.virginia.gov/tmdl.

Contact for additional information: Allen J. Newman, P.E., Water Permit Manager, Virginia Department of Environmental Quality, Southwest Regional Office, 355 Deadmore Street, P.O. Box 1688, Abingdon, VA 24212-1688, telephone (276) 676-4804, FAX (276) 676-4899, or email shelley.williams@deq.virginia.gov.

Total Maximum Daily Load for Little Dark Run

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 an implementation plan (IP) for bacteria total maximum daily loads (TMDLs) on a 4.26 miles stream segment of Little Dark Run and an 8.86 miles segment of the Robinson River in Madison County. The TMDLs for these stream impairments were completed in January 2008 and can be found in the Upper Rappahannock River Basin Report on DEQ's website at http://www.deq.virginia.gov/tmdl/apptmdls/rapprvr/
urappaec.pdf
.

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an IP for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts.

The second public meeting on the development of the IP for the bacteria TMDLs will be held on Thursday, December 16, 2010, at 7 p.m. at the Madison County Volunteer Fire Company, 1223 North Main Street, Madison, Virginia. At this meeting, the draft implementation plan to restore surface water quality in Little Dark Run and the Robinson River will be presented to the public.

The 30-day public comment period on the draft implementation plan presented at this meeting will end on January 17, 2011. A fact sheet on the development of an IP for the Little Dark Run and Robinson River is available upon request. Questions or information requests should be addressed to Bob Slusser with the DCR. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to Bob Slusser, Department of Conservation and Recreation, telephone (540) 351-1590, or email bob.slusser@dcr.virginia.gov.

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 November 10, 2010, and November 17, 2010. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.

Director's Order Number Ninety-Three (10)

Virginia's Instant Game Lottery 1210; "Lucky Pair" Final Rules for Game Operation (effective November 10, 2010)

Director's Order Number Ninety-Four (10)

Virginia's Instant Game Lottery 1214; "Cold Hard Ca$h" Final Rules for Game Operation (effective November 10, 2010)

Director's Order Number Ninety-Eight (10)

Virginia's Instant Game Lottery 1234; "Smokin' Hot Cash II" Final Rules for Game Operation (effective November 16, 2010)

Director's Order Number One Hundred-One (10)

Virginia's Instant Game Lottery 1219; "$20,000 Payday Doubler" Final Rules for Game Operation (effective November 16, 2010)

Director's Order Number One Hundred-Two (10)

Virginia's Instant Game Lottery 1235; "Monopoly" Final Rules for Game Operation (effective November 10, 2010)

Director's Order Number One Hundred-Four (10)

Virginia Lottery's "Winner Wednesdays Sweepstakes" Final Rules for Game Operation (effective November 9, 2010)

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; Email: varegs@dls.virginia.gov.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/cmsportal3/cgi-bin/calendar.cgi.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available 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

STATE BOARD OF HEALTH

Petition for Rulemaking - Initial Agency Notice: Title 12 of the Virginia Administrative Code.

Publication: 27:6 VA.R. 595 November 22, 2010.

Correction to Statutory Authority:

Page 595, change "§ 32.1-12 of the Code of Virginia" to "N/A"

Correction to Nature of Petitioner's Request:

Page 595, after environmental and health, change "effects" to "matters"

VA.R. Doc. No. R11-18; Filed November 16, 2010, 2010, 4:04 p.m.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Title of Regulation: 12VAC30-120. Waivered Services.

Publication: 27:5 VA.R. 522-523 November 8, 2010.

Correction to Notice of Extension of Emergency Regulation:

Page 522, Title of Regulation, delete "adding 12VAC30-120-100 through 12VAC30-120-1090; repealing" and insert "amending" before "12VAC30-120-211 through 12VAC30-120-249)."

VA.R. Doc. No. R08-2056; Filed November 29, 2010