REGULATIONS
Vol. 27 Iss. 12 - February 14, 2011

TITLE 1. ADMINISTRATION
STATE BOARD OF ELECTIONS
Final Regulation

Title of Regulation: 1VAC20-70. Absentee Voting (adding 1VAC20-70-30).

Statutory Authority: § 24.2-103 of the Code of Virginia.

Effective Date: Effective upon the filing of the notice of the U.S. Attorney General's preclearance with the Registrar of Regulations.

Agency Contact: Martha Brissette, State Board of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8925, or email martha.brissette@sbe.virginia.gov.

Summary:

This action details standards to assist local election officials in determining whether a write-in ballot on a Federal Write-In Absentee Ballot (Form SF-186A) may be counted by distinguishing what omissions are always material and thereby invalidate the ballot from those that are not material. No substantive changes were made to the regulation since publication of the proposed regulation.

CHAPTER 70
ABSENTEE VOTING

1VAC20-70-30. Material omissions from Federal Write-In Absentee Ballots.

A. Pursuant to the requirements of §§ 24.2-702.1 and 24.2-706 of the Code of Virginia, a timely received write-in absentee ballot on a Federal Write-In Absentee Ballot (FWAB) (Form SF-186A) should not be rendered invalid if it contains an error or omission not material to determining the eligibility of the applicant to vote in the election in which he offers to vote.

B. If the applicant is not registered, the FWAB may not be accepted as timely for registration unless the applicant has met the applicable registration deadline. Section 24.2-419 of the Code of Virginia extends the mail registration deadline for certain military applicants. All applicants are subject to the absentee application deadline in § 24.2-701 of the Code of Virginia.

C. The following omissions are always material and any FWAB containing such omissions should be rendered invalid if any of the following, or combination thereof, exists:

1. The applicant has omitted the signature of the voter or the notation of an assistant in the voter signature box that the voter is unable to sign;

2. The applicant has omitted the signature of the witness;

3. The applicant did not include the declaration/affirmation page; [ or ]

4. The applicant omitted from the declaration/affirmation information required by § 24.2-702.1 of the Code of Virginia needed to determine eligibility including, but not limited to, current military or overseas address.

D. The ballot should not be rendered invalid if on the FWAB any of the following, or combination thereof, exists:

1. The applicant has not listed the names specifically in the order of last, first, and middle name;

2. The applicant has listed a middle initial or maiden name, instead of the full middle name;

3. The applicant has omitted the street identifier, such as the term "road" or "street" when filling in the legal residence;

4. The applicant has omitted the county or city of registration if the county or city is clearly identifiable by the residence address information provided;

5. The applicant has omitted the zip code;

6. The applicant has omitted the date of the signature of the voter;

7. The applicant has omitted the address of the witness;

8. The applicant has omitted the date of signature of the witness;

9. The applicant has omitted a security envelope; or

10. The applicant has submitted a ballot containing offices or issues for which he is not eligible.

VA.R. Doc. No. R11-2685; Filed January 14, 2011, 10:55 a.m.
TITLE 1. ADMINISTRATION
STATE BOARD OF ELECTIONS
Final Regulation

Title of Regulation: 1VAC20-70. Absentee Voting (adding 1VAC20-70-10, 1VAC20-70-40, 1VAC20-70-50).

Statutory Authority: § 24.2-103 of the Code of Virginia.

Effective Date: Effective upon the filing of the notice of the U.S. Attorney General's preclearance with the Registrar of Regulations.

Agency Contact: Martha Brissette, Policy Analyst, State Board of Elections, 1100 Bank St., Richmond, VA 23219, telephone (804) 864-8925, FAX (804) 786-0760, or email martha.brissette@sbe.virginia.gov.

Summary:

This regulatory action defines "application for an absentee ballot" and "temporary federal only ballot overseas voter"; establishes alternative counting procedures for absentee ballots; and provides that an application on any version of an approved absentee ballot application form will be accepted based on the laws in effect at the time of the election for which the voter is applying. No changes were made to the regulation since publication of the proposed regulation.

CHAPTER 70
ABSENTEE VOTING

1VAC20-70-10. Definitions.

"Application for an absentee ballot" means an application for an absentee ballot submitted on any form approved for that purpose according to federal and state laws. The term includes a Virginia Absentee Ballot Application (SBE-701), a Virginia Annual Absentee Ballot Application (SBE-703.1), and a Federal Post Card Application (SF-76A). A Federal Write-In Absentee Ballot (SF-186A) is an absentee ballot application only for the voted ballot being submitted and is not an application for future elections.

"Envelope B" means the envelope required by § 24.2-706 of the Code of Virginia which identifies the voter.

"Temporary federal only ballot overseas voter" means a United States citizen residing outside the United States indefinitely who has not provided his last date of residence in Virginia. The date the applicant has provided next to his affirmation will serve as his last date of residence.

1VAC20-70-40. Alternative counting procedures.

An electoral board that approves use of alternative procedures for counting absentee ballots under § 24.2-709.1 of the Code of Virginia shall ensure that:

1. The general registrar staff assigned follow all previously prescribed instructions for processing and verifying absentee ballots.

2. All absentee ballots are secured at the end of each day following principles of dual control and chain of custody.

3. The general registrar staff assigned follow carefully all the requirements of § 24.2-709.1 of the Code of Virginia, including the requirement that at least two officers of election, one representing each party, be present during all hours that the expedited procedures are used.

4. Notice is given to the local political party chairs of the times and places for processing absentee ballots in sufficient time to allow for the authorized party representatives to be present.

1VAC20-70-50. Version; applicable law.

An application on any version of an approved absentee ballot application form shall be accepted based on the laws in effect at the time of the election for which the voter is applying.

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name to access a form. The forms are also available through the agency contact or at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (1VAC20-70)

Absentee Ballot Application Form, SBE-701 (rev. 7/10).

Annual Absentee Ballot Application, SBE-703.1 (rev. 1/10).

Federal Post Card Application, Registration and Absentee Ballot Request, Standard Form 76A (rev. 10/05).

Federal Write-In Absentee Ballot and Instructions, Standard Form 186A (rev. 10/05).

Envelope B for Statement of UOCAVA Absentee Voter, 42 USC 1973ff-1(b) (rev. 5/04).

Envelope B for Statement of Absentee Voter, SBE 706-2 (rev. 7/03).

VA.R. Doc. No. R11-2686; Filed January 14, 2011, 10:56 a.m.
TITLE 3. ALCOHOLIC BEVERAGES
ALCOHOLIC BEVERAGE CONTROL BOARD
Final Regulation

Title of Regulation: 3VAC5-50. Retail Operations (adding 3VAC5-50-230).

Statutory Authority: § 4.1-210 of the Code of Virginia.

Effective Date: March 16, 2011.

Agency Contact: W. Curtis Coleburn III, Chief Operating Officer, Department of Alcoholic Beverage Control, 2901 Hermitage Road, Richmond, VA 23220, telephone (804) 213-4409, FAX (804) 213-4411, TTY (804) 213-4687, or email curtis.coleburn@abc.virginia.gov.

Summary:

Chapter 172 of the 2008 Acts of Assembly amended the provisions of subdivision A 12 of § 4.1-210 of the Code of Virginia, adding "dessert wines as defined by Board regulation" to the types of alcoholic beverages that may be sold and served by holders of limited mixed beverage restaurant licenses. This action creates a new section, defining "dessert wines" for the purposes of the act. No changes were made to the regulation since publication of the proposed regulation.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

3VAC5-50-230. Dessert wines.

For the purposes of § 4.1-210 A 12 of the Code of Virginia, "dessert wines" shall mean any wine having an alcohol content of more than 14% by volume, any wine whose label contains a statement that it contains more than 2.0% residual sugar, or any wine described on its label as a "dessert," "late harvest," or "ice" wine.

VA.R. Doc. No. R09-1605; Filed February 2, 2011, 11:28 a.m.
TITLE 3. ALCOHOLIC BEVERAGES
ALCOHOLIC BEVERAGE CONTROL BOARD
Final Regulation

Title of Regulation: 3VAC5-70. Other Provisions (amending 3VAC5-70-210).

Statutory Authority: §§ 4.1-103 and 4.1-227 of the Code of Virginia.

Effective Date: March 16, 2011.

Agency Contact: Jeffrey L. Painter, Chief Administrative Officer, Department of Alcoholic Beverage Control, P.O. Box 27491, Richmond, VA 23261, telephone (804) 213-4621, FAX (804) 213-4411, TTY (804) 213-4687, or email jeffrey.painter@abc.virginia.gov.

Summary:

This action carries out the mandate of Chapter 513 of the 2008 Acts of Assembly, which amends § 4.1-227 of the Code of Virginia and requires the Alcoholic Beverage Control Board to promulgate a regulation providing for a reduction in penalty in certain disciplinary actions against licensees, where the licensee can demonstrate that it has provided certified alcohol server training to its employees. The amended regulation encourages alcoholic beverage seller/server training.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

3VAC5-70-210. Schedule of penalties for first-offense violations.

A. Any licensee charged with any violation of board regulations or statutes listed below, if the licensee has no other pending charges and has not had any substantiated violations of regulation or statute within the three years immediately preceding the date of the violation, may enter a written waiver of hearing and (i) accept the period of license suspension set forth below for the violation, or (ii) pay the civil charge set forth below for the violation in lieu of suspension. In the case of a violation involving the sale of beer, wine, or mixed beverages to a person at least 18 but under 21 years of age, or to an intoxicated person, or allowing consumption of such beverages by such person, any retail licensee that can demonstrate that it provided alcohol seller/server training certified in advance by the board to the employee responsible for such violation within the 12 months immediately preceding the alleged violation may accept the lesser period of license suspension or pay the lesser civil charge listed below for the violation in lieu of suspension. Any notice of hearing served on a licensee for a violation covered by this section shall contain a notice of the licensee's options under this section. Any licensee who fails to notify the board of its intent to exercise one of the options provided for under this section within 20 days after the date of mailing of the notice of hearing shall be deemed to have waived the right to exercise such options and the case shall proceed to hearing. For good cause shown, the board may, in its discretion, allow a licensee to exercise the options provided for under this section beyond the 20-day period.


VIOLATION

SUSPENSION

CIVIL CHARGE

SUSPENSION WITH CERTIFIED TRAINING

CIVIL CHARGE WITH CERTIFIED TRAINING

Sale of beer, wine or mixed beverages to a person at least 18 but under 21 years of age.

25 days

$2,000

5 days

$1,000

Allowing consumption of beer, wine, or mixed beverages by a person at least 18 but under 21 years of age.

25 days

$2,000

5 days

$1,000

Aiding and abetting the purchase of alcoholic beverages by a person at least 18 but under 21 years of age.

10 days

$1,000

Keeping unauthorized alcoholic beverages on the premises, upon which appropriate taxes have not been paid.

10 days

$1,000

Keeping unauthorized alcoholic beverages on the premises, upon which appropriate taxes have been paid.

7 days

$500

Allow gambling on the premises, if licensee, agent, or employee is participant, but is not conducting the gambling event or operation.

10 days

$1,000

Allow gambling on the premises, if licensee, agent, or employee is not participant nor conducting the gambling event or operation.

7 days

$500

Allow an intoxicated person to loiter on the premises.

7 days

$500

Sale to an intoxicated person.

25 days

$2,000

5 days

$1,000

Allow consumption by an intoxicated person.

25 days

$2,000

5 days

$1,000

After hours sales or consumption of alcoholic beverages.

10 days

$1,000

No designated manager on premises.

7 days

$500

Invalid check to wholesaler or board.

7 days

$250

Failure to keep records.

7 days

$500

Failure to maintain mixed beverage food ratio required by statute (not applicable if ratio falls below 30%).

10 days

$1,000

Inadequate illumination.

7 days

$500

ABC license not posted.

7 days

$500

Not timely submitting report required by statute or regulation.

7 days

$500

Designated manager not posted.

7 days

$500

Person less than 18 serving alcoholic beverages; less than 21 acting as bartender.

7 days

$500

Sale of alcoholic beverages in unauthorized place or manner.

10 days

$1,000

Consumption of alcoholic beverages in unauthorized area.

7 days

$500

Removal of alcoholic beverages from authorized area.

7 days

$500

Failure to obliterate mixed beverage stamps.

7 days

$500

Employee on duty consuming alcoholic beverages.

7 days

$500

Conducting illegal happy hour.

7 days

$500

Illegally advertising happy hour.

7 days

$500

Unauthorized advertising.

7 days

$500

Failure to remit state beer/wine tax (if deficiency has been corrected).

10 days

$1,000

Wholesaler sale of wine/beer in unauthorized manner.

10 days

$1,000

Wholesaler sale of wine/beer to unauthorized person.

10 days

$1,000


B. For purposes of this section, the Virginia Department of Alcoholic Beverage Control will certify alcohol seller/server training courses that provide instruction on all the topics listed on the Seller/Server Training Evaluation form. The following steps should be completed to submit a training program for approval:

1. Complete the Alcohol Seller/Server Training Data Sheet and review the Seller/Server Training Evaluation form to make sure the program will meet the listed criteria; and

2. Submit the Alcohol Seller/Server Training Data Sheet and a copy of the proposed training program materials for review. Materials submitted should include copies of any lesson plans and instructional materials used in the training program.

Requests for certification of training courses should be sent to:

Virginia Department of Alcoholic Beverage Control

Education Section

P. O. Box 27491

Richmond, VA 23261

Email correspondences: education@abc.virginia.gov

Persons in charge of any certified alcohol server training course shall maintain complete records of all training classes conducted, including the date and location of each class, and the identity of all those successfully completing the course.

NOTICE: The following forms used in administering the above regulation were filed by the agency. Amended or new forms are listed and are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name to access a form. The forms are also available through the agency contact or at the Office of Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, VA 23219.

FORMS (3VAC5-70)

Order and Permit for Transportation of Alcohol, #703-69 (eff. 11/87).

Order and Permit for Transportation of Alcoholic Beverages, #703-73.

Mixed Beverage Annual Review-Instructions for Completion, #805-44 (rev. 11/06).

Application for Off Premises Keg Permit, #805-45 (eff. 1/93).

Application for Grain Alcohol Permit, #805-75.

Special Event License Application Addendum-Notice to Special Event Licenses Applicants, Form SE-1 (rev. 08/02).

Statement of Income & Expenses for Special Event Licenses (with instructions), Form SE-2 (rev. 08/02).

[ Alcohol Seller/Server Training Data (eff. 7/09).

Seller/Server Training Evaluation (eff. 7/09).

Alcohol Seller/Server Training Data Form and Evaluation Form (eff. 7/09). ]

VA.R. Doc. No. R09-1678; Filed February 2, 2011, 11:29 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF FORESTRY
Reproposed Regulation

Title of Regulation: 4VAC10-30. Virginia State Forests Regulations (amending 4VAC10-30-170).

Statutory Authority: § 10.1-1101 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: March 16, 2011.

Agency Contact: Ronald S. Jenkins, Assistant State Forester, Department of Forestry, 900 Natural Resources Drive, Suite 800, Charlottesville, VA 22903, telephone (434) 977-6555, FAX (434) 293-2768, or email ron.jenkins@dof.virginia.gov.

Basis: Section 10.1-1101 of the Code of Virginia provides the Department of Forestry, with the approval of the State Forester, the authority to promulgate regulations necessary or incidental to the performance of duties or execution of powers conferred under Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia.

Purpose: The right to bear arms is protected by the second amendment to the Constitution of the United States. Citizens are requesting the department to remove the prohibition against carrying handguns within state forests because they believe this action is necessary to protect their health, safety, and welfare against violent people and wild animals.

The Virginia Citizens Defense League petitioned the Department of Forestry (DOF) for a ruling to amend 4VAC10-30-170 and eliminate the prohibition against both open carried handguns and concealed handguns. DOF completed its response to the petition and began the process of amending its regulation with the intent of removing the prohibition against lawful concealed firearms and continuing the prohibition on open carried firearms. DOF completed the Notice of Intended Regulatory Action (NOIRA) and first public comment stages. DOF received 1,926 comments during the NOIRA stage and 2,409 comments at the initial proposed stage (26:12 VA.R. 1864-1865 February 15, 2010) supporting the amendment. Based on the volume of comments from the first public comment stage (February 15, 2010, through April 16, 2010) supporting the lawful carrying of both open and concealed firearms on state forests and a review of Virginia statutes, DOF is proposing a second public comment stage and a new proposed regulation to allow the lawful carrying of open and concealed firearms on state forests.

Substance: The agency will change its regulation, which currently prohibits the carrying of firearms onto state forests, except for lawful hunting, to allow persons to carry lawful open carried and concealed firearms onto state forests.

Issues: Citizens may carry concealed handguns with a valid permit in Virginia. The state forest amendment will ensure that law abiding citizens will not violate a regulation that carries a Class 4 misdemeanor penalty.

The Virginia Citizens Defense League requested DOF to amend 4VAC10-30-170 to lift the prohibition against carrying lawfully open carried and concealed firearms on the state forests. During the first public comment phase from February 15, 2010, through April 16, 2010, DOF received a large number of comments in support of both lawful carrying of open and concealed firearms on state forests. DOF will initiate actions for a second public comment period of 30 days to reflect a regulatory amendment that will allow the lawful carrying of both open and concealed firearms. This amendment allows persons to carry lawful open carried and concealed firearms onto state forests at any time.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Department of Forestry proposes to allow the holders of concealed weapons permits to carry their concealed handguns in state forests and to also allow open carry of weapons that are lawfully allowed to be carried openly outside of state forests.

Result of Analysis. The benefits likely exceed the costs for this proposed change.

Estimated Economic Impact. Current state forestry regulations prohibit any individual from bringing any explosives or firearms into state forests. The department proposes to amend this prohibition so that it does not apply to lawfully possessed firearms and ammunition. This change will allow both concealed carrying of firearms, by those who possess a concealed carry permit, and open carry for anyone in lawful possession of a firearm.

This change will allow individuals to have the protection of a weapon in state forests which will likely provide a benefit for them as well as any other unarmed citizens that might receive ancillary protection from crime or animal attack. It is very unlikely that any individual would suffer costs from increased crimes on account of this change because concealed carry holders appear to commit far fewer crimes than individuals that don't hold concealed carry permits.1 There appear to be no studies that attempt to measure any negative impact of open carry on unarmed individuals but anecdotal evidence suggests that such impact would be minimal to nonexistent.

Businesses and Entities Affected. This proposed regulatory change will affect all individuals who visit, or travel in, state forests.

Localities Particularly Affected. No locality will be particularly affected by this proposed regulatory action.

Projected Impact on Employment. This regulatory action will likely have no impact on employment in the Commonwealth.

Effects on the Use and Value of Private Property. This regulatory action will likely have no effect on the use or value of private property in the Commonwealth.

Small Businesses: Costs and Other Effects. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.

Small Businesses: Alternative Method that Minimizes Adverse Impact. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.

Real Estate Development Costs. This regulatory action will likely have no effect on real estate development costs in the Commonwealth.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

_________________

1 David Kopel of Stanford University's Hoover Institute writes, in an overview of research on concealed carry permit holders and crime, that in Florida permit holders are about 300 times less likely to perpetrate a gun crime than Floridians without permits.

Agency's Response to Economic Impact Analysis: The Department of Forestry concurs with the findings of the Department of Planning and Budget Economic Impact Analysis dated December 15, 2010. The Department of Forestry proposes to allow the holders of concealed weapons permits to carry their concealed handguns in state forests and to also allow open carry of weapons that are lawfully allowed to be carried openly outside of state forests. The change does not add new responsibilities to state or local officials responsible for enforcing weapons laws. The change in regulations will conform to all applicable firearms laws.

Summary:

The revised proposed amendment allows the lawful carry of open and concealed firearms in Virginia's state forests. The difference between the initial proposed amendment and this amendment is the lifting of the prohibition against the lawful open carry of firearms. The amendment is intended to ensure that the regulation is in synchronization with the laws.

The current regulation prohibits individuals from carrying any firearms onto state forest properties unless exempted because of lawful hunting seasons. The revised proposed amendment allows persons to carry lawful open and concealed firearms onto state forest properties under the ownership and management of the Department of Forestry.

4VAC10-30-170. Explosives, fires firearms, etc.

No person shall bring into or have in any forest any explosive or explosive substance [ , except commercial sporting firearms ammunition; explosives, explosive substances and firearms of all types are prohibited in any portion of a forest assigned to the Department of Forestry, for administration as a recreational area ]. This regulation shall not apply to the [ lawful ] carrying of [ concealed handguns within state forests by holders of a valid concealed handgun permit issued pursuant to § 18.2-308 of the Code of Virginia firearms and firearms ammunition ].

VA.R. Doc. No. R09-06; Filed January 24, 2011, 12:50 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation

REGISTRAR'S NOTICE: The following regulation filed by the Marine Resources Commission is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-252. Pertaining to the Taking of Striped Bass (amending 4VAC20-252-55, 4VAC20-252-150).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: February 1, 2011.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.

Summary:

The amendments establish the 2011 commercial and recreational striped bass quotas as 1,430,361 pounds.

4VAC20-252-55. Recreational harvest quota.

The total allowable level of all recreational harvest of striped bass for all open seasons and for all legal gear shall be 1,538,022 1,430,361 pounds of whole fish. At such time as the total recreational harvest of striped bass is projected to reach 1,538,022 1,430,361 pounds, and announced as such, it shall be unlawful for any person to land or possess striped bass caught for recreational purposes.

4VAC20-252-150. Individual commercial harvest quota.

A. The commercial harvest quota for the Chesapeake area shall be determined annually by the Marine Resources Commission. The total allowable level of all commercial harvest of striped bass from the Chesapeake Bay and its tributaries and the Potomac River tributaries of Virginia for all open seasons and for all legal gear shall be 1,538,022 1,430,361 pounds of whole fish. At such time as the total commercial harvest of striped bass from the Chesapeake area is projected to reach 1,538,022 1,430,361 pounds, and announced as such, it shall be unlawful for any person to land or possess striped bass caught for commercial purposes from the Chesapeake area.

B. The commercial harvest quota for the coastal area of Virginia shall be determined annually by the Marine Resources Commission. The total allowable level of all commercial harvest of striped bass from the coastal area for all open seasons and for all legal gear shall be 184,853 pounds of whole fish. At such time as the total commercial harvest of striped bass from the coastal area is projected to reach 184,853 pounds, and announced as such, it shall be unlawful for any person to land or possess striped bass caught for commercial purposes from the coastal area.

C. For the purposes of assigning an individual's tags for commercial harvests in the Chesapeake area as described in 4VAC20-252-160, the individual commercial harvest quota of striped bass in pounds shall be converted to an estimate in numbers of fish per individual harvest quota based on the average weight of striped bass harvested by the permitted individual during the previous fishing year. The number of striped bass tags issued to each individual will equal the estimated number of fish to be landed by that individual harvest quota, plus a number of striped bass tags equal to 10% of the total allotment determined for each individual.

D. For the purposes of assigning an individual's tags for commercial harvests in the coastal area of Virginia as described in 4VAC20-252-160, the individual commercial harvest quota of striped bass in pounds shall be converted to a quota in numbers of fish per individual commercial harvest quota, based on the estimate of the average weight of striped bass harvested by the permitted individual during the previous fishing year. The number of striped bass tags issued to each individual will equal the estimated number of fish to be landed by that individual harvest quota, plus a number of striped bass tags equal to 10% of the total allotment determined for each individual.

VA.R. Doc. No. R11-2721; Filed January 28, 2011, 8:45 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation

REGISTRAR'S NOTICE: The following regulation filed by the Marine Resources Commission is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-620. Pertaining to Summer Flounder (amending 4VAC20-620-40; repealing 4VAC20-620-45).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: February 1, 2011.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.

Summary:

The amendments establish that from the first Monday in March through the day preceding the last Monday in November or until it has been projected and announced that 85% of the allowable landings have been taken it shall be unlawful for any person harvesting Summer Flounder outside of Virginia waters to do any of the following: (i) possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of 20,000 pounds; (ii) land Summer Flounder in Virginia for commercial purposes more than twice during each consecutive 15-day period, with the first 15-day period beginning on the first Monday in March; and (iii) land in Virginia more than 10,000 pounds of Summer Flounder during each consecutive 15-day period, with the first 15-day period beginning on the first Monday in March. The amendments also repeal 4VAC20-620-45 regarding catch report forms.

4VAC20-620-40. Commercial vessel possession and landing limitations.

A. It shall be unlawful for any person harvesting Summer Flounder outside of Virginia's waters to do any of the following, except as described in subsections B, C, and D of this section:

1. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of 10% by weight of Atlantic croaker or the combined landings, on board a vessel, of black sea bass, scup, squid, scallops and Atlantic mackerel.

2. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of 1,500 pounds landed in combination with Atlantic croaker.

3. Fail to sell the vessel's entire harvest of all species at the point of landing.

B. From the last Monday in February first Monday in March through the day preceding the last Monday in November, or until it has been projected and announced that 85% of the allowable landings have been taken, it shall be unlawful for any person harvesting Summer Flounder outside of Virginia waters to do any of the following:

1. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of 15,000 20,000 pounds.

2. Land Summer Flounder in Virginia for commercial purposes more than twice during each consecutive 12-day 15-day period, with the first 12-day 15-day period beginning on the last Monday in February first Monday in March.

3. Land in Virginia more than 7,500 10,000 pounds of Summer Flounder during each consecutive 12-day 15-day period, with the first 12-day 15-day period beginning on the last Monday in February first Monday in March.

4. Land in Virginia any amount of Summer Flounder more than once in any consecutive five-day period.

C. From the last Monday in November through December 31 of each year, or until it has been projected and announced that 85% of the allowable landings have been taken, it shall be unlawful for any person harvesting Summer Flounder outside of Virginia waters to do any of the following:

1. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of 15,000 pounds.

2. Land Summer Flounder in Virginia for commercial purposes more than twice during each consecutive 12-day period, with the first 12-day period beginning on the last Monday in November.

3. Land in Virginia more than a total of 7,500 pounds of Summer Flounder during each consecutive 12-day period, with the first 12-day period beginning on the last Monday in November.

4. Land in Virginia any amount of Summer Flounder more than once in any consecutive five-day period.

D. From January 1 through December 31 of each year, any boat or vessel issued a valid federal Summer Flounder moratorium permit and owned and operated by a legal Virginia Commercial Hook-and-Line Licensee that possesses a Restricted Summer Flounder Endorsement shall be restricted to a possession and landing limit of 200 pounds of Summer Flounder, except as described in 4VAC20-620-30 F.

E. Upon request by a marine police officer, the seafood buyer or processor shall offload and accurately determine the total weight of all Summer Flounder aboard any vessel landing Summer Flounder in Virginia.

F. Any possession limit described in this section shall be determined by the weight in pounds of Summer Flounder as customarily packed, boxed and weighed by the seafood buyer or processor. The weight of any Summer Flounder in pounds found in excess of any possession limit described in this section shall be prima facie evidence of violation of this chapter. Persons in possession of Summer Flounder aboard any vessel in excess of the possession limit shall be in violation of this chapter unless that vessel has requested and been granted safe harbor. Any buyer or processor offloading or accepting any quantity of Summer Flounder from any vessel in excess of the possession limit shall be in violation of this chapter, except as described by subsection I of this section. A buyer or processor may accept or buy Summer Flounder from a vessel that has secured safe harbor, provided that vessel has satisfied the requirements described in subsection I of this section.

G. If a person violates the possession limits described in this section, the entire amount of Summer Flounder in that person's possession shall be confiscated. Any confiscated Summer Flounder shall be considered as a removal from the appropriate commercial harvest or landings quota. Upon confiscation, the marine police officer shall inventory the confiscated Summer Flounder and, at a minimum, secure two bids for purchase of the confiscated Summer Flounder from approved and licensed seafood buyers. The confiscated fish will be sold to the highest bidder and all funds derived from such sale shall be deposited for the Commonwealth pending court resolution of the charge of violating the possession limits established by this chapter. All of the collected funds will be returned to the accused upon a finding of innocence or forfeited to the Commonwealth upon a finding of guilty.

H. It shall be unlawful for a licensed seafood buyer or federally permitted seafood buyer to fail to contact the Marine Resources Commission Operation Station prior to a vessel offloading Summer Flounder harvested outside of Virginia. The buyer shall provide to the Marine Resources Commission the name of the vessel, its captain, an estimate of the amount in pounds of Summer Flounder on board that vessel, and the anticipated or approximate offloading time. Once offloading of any vessel is complete and the weight of the landed Summer Flounder has been determined, the buyer shall contact the Marine Resources Commission Operations Station and report the vessel name and corresponding weight of Summer Flounder landed. It shall be unlawful for any person to offload from a boat or vessel for commercial purposes any Summer Flounder during the period of 6 p.m. to 7 a.m.

I. Any boat or vessel that has entered Virginia waters for safe harbor shall only offload Summer Flounder when the state that licenses that vessel requests to transfer quota to Virginia, in the amount that corresponds to that vessel's possession limit, and the commissioner agrees to accept that transfer of quota.

J. After any commercial harvest or landing quota as described in 4VAC20-620-30 has been attained and announced as such, any boat or vessel possessing Summer Flounder on board may enter Virginia waters for safe harbor but shall contact the Marine Resources Commission Operation Center in advance of such entry into Virginia waters.

K. It shall be unlawful for any person harvesting Summer Flounder outside of Virginia waters to possess aboard any vessel, in Virginia, any amount of Summer Flounder, once it has been projected and announced that 100% of the quota described in 4VAC20-620-30 A has been taken.

4VAC20-620-45. Catch reports. (Repealed.)

The owner of any vessel licensed to land Summer Flounder harvested outside of Virginia's waters shall report all Summer Flounder bycatch and discards on forms approved by the commission for each trip landed in Virginia. The completed forms shall be forwarded to the commission within five days of landing. Failure to accurately complete such reports or provide them to the commission within the specified time frame shall be a violation of this chapter.

VA.R. Doc. No. R11-2723; Filed January 28, 2011, 9:01 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation

REGISTRAR'S NOTICE: The following regulation filed by the Marine Resources Commission is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-720. Pertaining to Restrictions on Oyster Harvest (amending 4VAC20-720-80).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: January 28, 2011.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.

Summary:

The amendment decreases the daily limit of clean cull oysters that may be harvested from the Rappahannock River Rotation Area 4, as described in subdivision 4 of 4VAC20-720-40.

4VAC20-720-80. Quotas and harvest limits.

A. The lawful daily limit of clean cull oysters harvested from the areas as described in subdivisions 3, 4, and 6 through 10 of 4VAC20-720-40 shall be determined by the number of registered commercial fishermen licensees on board the vessel multiplied by 10 bushels. It shall be unlawful to possess on board any vessel or to land more than the daily limit of clean cull oysters.

B. The lawful daily limit of clean cull oysters harvested from the area described in subdivision 4 of 4VAC20-720-40 shall be determined by the number of registered commercial fishermen licensees on board the vessel multiplied by six bushels. It shall be unlawful to possess on board any vessel or land more than the daily limit of clean cull oysters.

B. C. In the area as described in subdivision 5 of 4VAC20-720-40, where harvesting is allowed by dredge, there shall be a harvest limit of 10 bushels per registered commercial fisherman licensee on board the vessel. It shall be unlawful for any registered commercial fisherman licensee to possess more than 10 bushels per day. No blue crab bycatch is allowed. It shall be unlawful to possess on board any vessel more than 250 hard clams.

C. D. Harvesters who export the oysters to an out-of-state market or do not sell the oysters to a licensed and Department of Health certified Virginia buyer but sell the oysters directly to the public for human consumption shall report oysters harvested on a daily basis and pay oyster taxes weekly.

VA.R. Doc. No. R11-2727; Filed January 27, 2011, 2:17 p.m
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Emergency Regulation

Title of Regulation: 4VAC20-720. Pertaining to Restrictions on Oyster Harvest (amending 4VAC20-720-10, 4VAC20-720-40, 4VAC20-720-50, 4VAC20-720-80).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: February 1, 2011, through March 1, 2011.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.

Preamble:

This emergency chapter sets times of closure and other restrictions on the harvest of oysters from all oyster grounds in the Chesapeake Bay and its tributaries, including the tributaries of the Potomac River and on the Seaside of Eastern Shore. This emergency chapter is promulgated pursuant to authority contained in §§ 28.2-201, 28.2-210, 28.2-518, and 28.2-507 of the Code of Virginia. This emergency chapter amends and readopts, as amended, previous 4VAC20-720, which was adopted September 28, 2010, and effective October 1, 2010. The effective date of this emergency chapter, as amended, is February 1, 2011. The termination date of the emergency chapter is March 1, 2011.

Summary:

The amendments (i) open the James River and Thomas Rock hand scrape areas and the Deep Rock patent tong area from February 1 through February 28, 2011; and (ii) lower the limit of clean cull oysters harvested from subdivisions 6 and 9 of 4VAC20-720-40 to six bushels.

4VAC20-720-10. Purpose.

The purpose of this emergency chapter is to protect and conserve Virginia's oyster resource, and promote the preservation of oyster broodstock, which has been depleted by disease, harvesting, and natural disasters.

4VAC20-720-40. Open season and areas.

The lawful seasons and areas for the harvest of oysters from the public oyster grounds and unassigned grounds are as follows:

1. James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area: October 1, 2010, through April 30, 2011.

2. Seaside of Eastern Shore: for clean cull oysters only, November 1, 2010, through February 28, 2011.

3. Rappahannock River Area 9; the Upper Chesapeake Bay (Blackberry Hangs Hand Scrape Area); Mobjack Bay Hand Scrape Area; and the Great Wicomico River Hand Scrape Area: October 1, 2010, through December 31, 2010.

4. Rappahannock River Rotation Area 4: October 1, 2010, through November 30, 2010, and February 1, 2011, through February 28, 2011.

5. Tangier - Pocomoke Sounds Rotation Area 2: December 1, 2010, through February 28, 2011.

6. The James River Hand Scrape Area and the Thomas Rock Hand Scrape Area (James River): October 1, 2010, through December 31, 2010, and February 1, 2011, through February 28, 2011.

7. The York River Hand Scrape Area: October 1, 2010, through December 31, 2010.

8. The Rappahannock River Multigear Areas:

a. The Rappahannock River Areas 6, 7, and 8: (for hand scrape only) October 1, 2010, through December 31, 2010.

b. The Rappahannock River Areas 6 and 7: (for patent tong only) January 1, 2011, through February 28, 2011.

9. Milford Haven and Deep Rock Patent Tong Area (Lower Chesapeake Bay): October 1, 2010, through December 31, 2010. Deep Rock Patent Tong Area: February 1, 2011, through February 28, 2011.

10. Coan, Little Wicomico, Nomini, and Yeocomico Rivers: October 1, 2010, through December 31, 2010.

4VAC20-720-50. Closed harvest season and areas.

It shall be unlawful for any person to harvest oysters from the following areas during the specified periods:

1. All public oyster grounds and unassigned grounds in the Chesapeake Bay and its tributaries, including the tributaries of the Potomac River, except those areas listed in 4VAC20-720-40, are closed: October 1, 2010, through September 30, 2011.

2. James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area: May 1, 2011, through September 30, 2011.

3. All public oyster grounds and unassigned grounds on the Seaside of Eastern Shore: for clean cull oysters, October 1, 2010, through October 31, 2010, and March 1, 2011, through September 30, 2011, and for seed oysters, all year.

4. Rappahannock River Area 9; the Upper Chesapeake Bay (Blackberry Hangs Hand Scrape Area); Mobjack Bay Hand Scrape Areas; and the Great Wicomico River Hand Scrape Area: January 1, 2011, through September 30, 2011.

5. The Rappahannock River Rotation Area 4: December 1, 2010, through January 31, 2011, and March 1, 2011, through September 30, 2011.

6. Tangier - Pocomoke Sounds Rotation Area 2: October 1, 2010, through November 30, 2010, and March 1, 2011, through September 30, 2011.

7. The James River Hand Scrape Area and the Thomas Rock Hand Scrape Area (James River): January 1, 2011, through January 31, 2011, and March 1, 2011, through September 30, 2011.

8. The York River Hand Scrape Area: January 1, 2011, through September 30, 2011.

9. Rappahannock River Multigear Areas:

a. The Rappahannock River Areas 6, 7, and 8: (for hand scrape only) January 1, 2011, through September 30, 2011.

b. The Rappahannock River Areas 6 and 7: (for patent tong only) October 1, 2010, through December 31, 2010, and March 1, 2011, through September 30, 2011.

10. Milford Haven and Deep Rock Patent Tong Area: January 1, 2011, through September 30, 2011. Deep Rock Patent Tong Area: January 1, 2011, through January 31, 2011, and March 1, 2011, through September 30, 2011.

11. Coan, Little Wicomico, Nomini, and Yeocomico Rivers: January 1, 2011, through September 30, 2011.

4VAC20-720-80. Quotas and harvest limits.

A. The lawful daily limit of clean cull oysters harvested from the areas as described in subdivisions 3 and 6 through, 7, 8, and 10 of 4VAC20-720-40 shall be determined by the number of registered commercial fishermen licensees on board the vessel multiplied by 10 bushels. It shall be unlawful to possess on board any vessel or to land more than the daily limit of clean cull oysters.

B. The lawful daily limit of clean cull oysters harvested from the area described in subdivision 6 of 4VAC 20-720-40 shall be determined by the number of registered commercial fishermen licensees on board the vessel multiplied by six bushels. It shall be unlawful to possess on board any vessel or to land more than the daily limit of clean cull oysters.

C. The lawful daily limit of clean cull oysters harvested from the area described in subdivision 9 of 4VAC20-720-40 shall be determined by the number of registered commercial fishermen licensees on board the vessel multiplied by six bushels. It shall be unlawful to possess on board any vessel or to land more than the daily limit of clean cull oysters.

B. D. In the area described in subdivision 5 of 4VAC20-720-40, where harvesting is allowed by dredge, there shall be a harvest limit of 10 bushels per registered commercial fisherman licensee on board the vessel. It shall be unlawful for any registered commercial fisherman licensee to possess more than 10 bushels per day. No blue crab bycatch is allowed. It shall be unlawful to possess on board any vessel more than 250 hard clams.

C. E. Harvesters who export the oysters to an out-of-state market or do not sell the oysters to a licensed and Department of Health certified Virginia buyer but sell the oysters directly to the public for human consumption shall report oysters harvested on a daily basis and pay oyster taxes weekly.

VA.R. Doc. No. R11-2728; Filed January 28, 2011, 11:10 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Emergency Regulation

Title of Regulation: 4VAC20-950. Pertaining to Black Sea Bass (amending 4VAC20-950-47, 4VAC20-950-48).

Statutory Authority: §§ 28.2-201, 28.2-204.1, and 28.2-210 of the Code of Virginia.

Effective Dates: January 26, 2011, through February 24, 2011.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.

Preamble:

This emergency action establishes minimum size limits, gear restrictions, and quotas for the harvest of black sea bass by amending 4VAC20-950 that was promulgated June 22, 2010, and made effective July 1, 2010. The effective date of these amendments is January 26, 2011.

Summary:

This amendment establishes the 2011 commercial black sea bass directed fishery quota as 302,216 pounds, and the 2011 commercial black sea bass bycatch fishery quota as 40,000 pounds. The amendment also establishes the criteria for individual fishery quota for 2011.

4VAC20-950-47. Commercial harvest quotas.

A. The 2010 2011 commercial black sea bass directed fishery quota is 311,722 302,216 pounds. When it has been announced that the directed fishery quota has been projected as reached and the directed fishery has been closed, it shall be unlawful for any directed commercial black sea bass fishery permittee to possess aboard any vessel or land in Virginia any black sea bass.

B. The 2010 2011 commercial black sea bass bycatch fishery quota is 40,000 pounds from January 1 through April 30. From May 1 through December 31, 2010 2011, the commercial black sea bass bycatch fishery quota is the lesser of 10,000 pounds or the remaining amount of black sea bass bycatch fishery quota as of May 1, 2010 2011. When it has been announced that the bycatch fishery quota has been projected as reached and the bycatch fishery has been closed, it shall be unlawful for any bycatch commercial black sea bass fishery permittee to possess aboard any vessel or land in Virginia any black sea bass. In the event the bycatch fishery quota is exceeded, the amount the quota overage shall be deducted from the following year's bycatch fishing quota.

4VAC20-950-48. Individual fishery quotas; bycatch limit; at sea harvesters; exceptions.

A. Each person possessing a directed fishery permit shall be assigned an individual fishery quota, in pounds, for each calendar year. Except as provided in subsection F of this section, a person's individual fishery quota shall be equal to that person's percentage of the total landings of black sea bass in Virginia from July 1, 1997, through December 31, 2001, multiplied by the directed commercial fishery black sea bass quota for the calendar year. Any directed fishery permittee shall be limited to landings in the amount of his individual fishery quota, in pounds, in any calendar year and it shall be unlawful for any permittee to exceed his individual fishery quota. In addition to the penalties prescribed by law, any overages of an individual's fishery quota shall be deducted from that permittee's individual fishery quota for the following year.

B. In the determination of a person's percentage of total landings, the commission shall use the greater amount of landings from either the National Marine Fisheries Service Dealer Weigh-out Reports or National Marine Fisheries Service Vessel Trip Reports that have been reported and filed as of November 26, 2002. If a person's percentage of the total landings of black sea bass is determined by using the Vessel Trip Reports as the greater amount, then the person shall provide documentation to the Marine Resources Commission to verify the Vessel Trip Reports as accurate. This documentation may include dealer receipts of sales or other pertinent documentation, and such documentation shall be submitted to the commission by December 1, 2004. In the event the commission is not able to verify the full amount of the person's Vessel Trip Reports for the qualifying period, the commission shall use the greater amount of landings, from either the Dealer Weigh-Out Reports or the verified portion of the Vessel Trip Reports to establish that person's share of the quota.

C. It shall be unlawful for any person permitted for the bycatch fishery to possess aboard a vessel, or to land in Virginia, in any one day, more than 200 pounds of black sea bass, except that any person permitted in the bycatch fishery may possess aboard a vessel, or land in Virginia, more than 200 pounds of black sea bass, in any one day, provided the total weight of black sea bass on board the vessel does not exceed 10%, by weight, of the total weight of summer flounder, scup, Loligo squid and Atlantic mackerel on board the vessel. When it is projected and announced that 75% of the bycatch fishery quota has been be taken, it shall be unlawful for any person permitted for the bycatch fishery to possess aboard a vessel, or to land in Virginia, more than 100 pounds of black sea bass.

D. It shall be unlawful for any person to transfer black sea bass from one vessel to another while at sea.

E. Any hardship exception quota granted by the commission prior to October 27, 2009, shall be converted to a percentage of the directed fishery quota based on the year in which that hardship exception quota was originally granted. The hardship exception quota shall not be transferred for a period of five years from the date the commission granted that hardship exception quota.

F. An individual fishery quota, as described in subsection A of this section, shall be equal to an individual's current percentage share of the directed fishery quota, as described in 4VAC20-950-47 A. As of May 1, 2010 2011, should the remaining amount of black sea bass bycatch fishery quota exceed 10,000 pounds, that excess quota shall be allocated to commercial black sea bass directed fishery permit holders who have landed at least 500 pounds of black sea bass in at least two of three years, starting in 2006 2008 and ending in 2008 2010. The basis for that allocation shall be the same as used to determine an individual directed fishery quota as described in subsection A of this section.

VA.R. Doc. No. R11-2724; Filed January 27, 2011, 10:25 a.m
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation

REGISTRAR'S NOTICE: The following regulation filed by the Marine Resources Commission is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-1060. Pertaining to Enlargement of Established Restricted Area -- Dominion Power/Nuclear Power Station (amending 4VAC20-1060-10, 4VAC20-1060-20).

Statutory Authority: §§ 28.2-103 and 28.2-106.2 of the Code of Virginia.

Effective Date: February 1, 2011.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.

Summary

The amendments redefine restricted areas at the Dominion Power/Surry Nuclear Power Station and repeal the Appendix – Hog Island Quad Map.

4VAC20-1060-10. Purpose.

The purpose of this chapter is to enhance the physical security of the facility and is part of a comprehensive plan to protect the public, environment, and economic interests from sabotage and other subversive acts, accidents, or incidents of a similar nature. (See Hog Island Quad Map outlining the location of the restricted area.)

The adoption of this chapter simply affords the Virginia Marine Police the authority to enforce Virginia law that prohibits entrance into the restricted areas.

4VAC20-1060-20. Definitions.

A. Pursuant to § 28.2-106.2 of the Code of Virginia, the following restricted area is established adjacent to the James River, Surry Nuclear Power Plant:

The Area 1. The waters within an area beginning at Mean High Water on the shore at latitude 37°08'59.4"N, longitude 76°40'15.5"W; thence to the following points creating a 500 yard arc: latitude 37°08'58.8"N, longitude 76°40'06"W; latitude 37°09'03.1"N, longitude 76°39'59.4"W; latitude 37°09'06.9"N, longitude 76°39'54.1"W; latitude 37°09'12.8"N, longitude 76°39'48"W; latitude 37°09'18.6"N, longitude 76°39'48"W; latitude 37°09'25.1"N, longitude 76°39'48.3"W; latitude 37°09'32.3"N, longitude 76°39'50.1"W; latitude 37°09'37.2"N, longitude 76°39'53.1"W; latitude 37°09'40"N, longitude 76°39'56.6"W; latitude 37°09'37.2"N, longitude 76°39'53.1"W; latitude 37°09'43.4"N, longitude 76°40'03.4"W; thence to a point on shore at Mean High Water in position; latitude 37°09'42.7"N, longitude 76°40'27.1"W, and the.

Area 2. The entire discharge canal from the jetty jetties at the mouth of the discharge canal to the circulating water discharge pipes at the head of the discharge canal and including the entire width of the canal. The geographic coordinates for this are 37°10'18.3"N, 76°42'22.5"W to 37°10'00.8"N, 76°41'51.3"W and include the entire width of the canal. The discharge canal is located immediately northwest of the power station along both sides of Hog Island Road.

B. No vessel or persons shall enter the restricted area without the permission of the Virginia Marine Police. Law-enforcement vessels, United States military vessels, and vessels of the Dominion Power/Surry Nuclear Power Plant are exempt from the provisions of this chapter.

APPENDIX. Hog Island Quad Map (Repealed.)

VA.R. Doc. No. R11-2722; Filed January 28, 2011, 8:42 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation

REGISTRAR'S NOTICE: The following regulation filed by the Marine Resources Commission is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-1230. Pertaining to Restrictions on Shellfish (amending 4VAC20-1230-10).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: January 30, 2011.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.

Summary

This amendment clarifies that identification of the original harvest area of any shellfish through the use of tags pertains to any time during the year.

4VAC20-1230-10. Purpose.

The purpose of this chapter is to establish a method of identifying the original Virginia harvest area of any shellfish at any time of the year. In addition, harvest times, and handling procedures for shellfish harvested during the months of May through September in order to protect the health of the public are described herein.

VA.R. Doc. No. R11-2720; Filed January 27, 2011, 2:19 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
STATE BOARD OF CORRECTIONS
Final Regulation

Title of Regulation: 6VAC15-28. Regulations for Public/Private Joint Venture Work Programs Operated in a State Correctional Facility (amending 6VAC15-28-10, 6VAC15-28-30, 6VAC15-28-40).

Statutory Authority: §§ 53.1-5 and 53.1-45.1 of the Code of Virginia.

Effective Date: March 16, 2011.

Agency Contact: Janice Dow, Policy and Initiatives Unit Manager, Department of Corrections, 6900 Atmore Drive, Richmond, VA 23261, telephone (804) 674-3303 ext: 1128, FAX (804) 674-3017, or email janice.dow@vadoc.virginia.gov.

Summary:

This regulation governs the form and review process for proposed agreements between the Director of the Department of Corrections (DOC) and a public or private entity to operate a work program in a state correctional facility. These regulations have been in place in their current form since 1995. Since that time there have been several changes to the Code of Virginia related to "work programs and agreements with other entities." The amendments affect internal operational practices for the review of proposed agreements between the DOC and public or private entities. The changes delete the requirement for an appointed committee to approve any contractual documents implementing an agreement prior to forwarding it to the Office of the Attorney General to ensure compliance with state statutes and to the Governor. There is no change to the criteria listed in 6VAC15-28-40; all current criteria shall continue to be met before the director approves a proposed agreement.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

Part I
General Provisions

6VAC15-28-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Agreement" means a legal arrangement between the Director of the Department of Corrections and a public or private entity to operate a work program in a state correctional facility for prisoners confined in it.

"Board" means the Board of Corrections.

"Committee" means the group appointed by the governor which reviews any proposed agreement between the Director of the Department of Corrections and a public or private entity to operate a work program in a state correctional facility for prisoners confined tn it. The committee consists of representatives from an employee association or organization, the business community, a chamber of commerce, an industry association, the Office of the Secretary of Commerce and Trade, and the Office of the Secretary of Public Safety.

"Department" means the Department of Corrections.

"Director" means the Director of the Department of Corrections.

"Prevailing wage" means a rate which is not less than that paid for work of a similar nature in the locality in which the work is to be performed.

Part II
Review Process

6VAC15-28-30. Review process.

A. Any proposed agreement between the department and the public or private entity shall consist of a Proposed Joint Venture Application Form which shall be completed by the public or private entity. The completed application form shall be submitted directly to the department, which shall then forward the application to the appropriate organizational unit for initial research and evaluation of the proposed agreement. This initial research and evaluation shall be completed in a timely manner, not to exceed 30 calendar days from the receipt of the completed application from the public or private entity.

B. The department shall submit the proposed agreement with a submission package to the board. The submission package shall include, at a minimum:

1. A prospectus of the public or private entity.

2. A description of the size and scope of the proposed operation.

3. An assessment of the project's financial viability.

4. A recommendation for entering or not entering into the proposed agreement.

5. Draft formal agreement papers, if the department recommends entering into the agreement.

C. The board shall review the proposed agreement and submission package and submit the package to the committee director with a recommendation for entering or not entering into the agreement.

D. The committee director shall evaluate the proposed agreement according to the criteria listed under 6VAC15-28-40.

E. Upon approval by the committee director, any contractual documents implementing the agreement shall be forwarded to the Office of the Attorney General to ensure compliance with state statutes.

F. Upon the assurance of the The Office of the Attorney General will assure that the agreement is in compliance with state statutes, the. The governor shall review the agreement.

G. Upon the governor's authorization, the director and the public or private entity may sign the agreement.

Part III
Criteria

6VAC15-28-40. Criteria.

A. The committee director shall review the provisions of any proposed agreement according to the following criteria:

1. The proposed agreement shall provide adequate job skills to inmate participants. Any proposed agreement which requires relatively unskilled labor may be acceptable providing the work project establishes good work habits.

2. The public or private entity shall be environmentally sound, with appropriate certification, as required by applicable state and federal regulations.

3. The public or private entity shall provide prevailing or minimum wage, whichever is applicable.

4. The public or private entity shall provide Equal Employment Opportunity for all inmates involved in the proposed agreement.

5. The proposed agreement shall demonstrate financial viability.

a. If the department acts as a subcontractor in the proposed agreement, the proposed agreement shall be evaluated by its capability both to meet the required goods or services as well as to provide an acceptable rate of return to the department.

b. If the department acts as a supplier of labor in the proposed agreement, the proposed agreement shall be evaluated upon its capability to provide a gross margin both to cover the expenses of the department as well as to generate a sufficient return on investment to the department.

6. The proposed agreement shall not displace civilian workers.

7. Any rent paid to the department for space occupied by the participating public or private entity shall be at a reasonable rate.

8. The product produced by the proposed agreement may be sold on the open market.

9. The proposed agreement shall meet any provisions listed in §§ 53.1-41 through 53.1-62 of the Code of Virginia pertaining to "Employment and Training of Prisoners."

B. All criteria listed in 6VAC15-28-40 A shall be met before the committee director approves a proposed agreement.

FORMS (6VAC15-28) (Repealed.)

Proposed Joint Venture Application Form.

VA.R. Doc. No. R09-1544; Filed January 25, 2011, 1:11 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
STATE BOARD OF CORRECTIONS
Proposed Regulation

Title of Regulation: 6VAC15-40. Minimum Standards for Jails and Lockups (amending 6VAC15-40-10, 6VAC15-40-30, 6VAC15-40-40, 6VAC15-40-60, 6VAC15-40-90 through 6VAC15-40-130, 6VAC15-40-150 through 6VAC15-40-250, 6VAC15-40-280, 6VAC15-40-290, 6VAC15-40-300, 6VAC15-40-320, 6VAC15-40-330, 6VAC15-40-340, 6VAC15-40-360 through 6VAC15-40-420, 6VAC15-40-440, 6VAC15-40-450, 6VAC15-40-480, 6VAC15-40-510, 6VAC15-40-520, 6VAC15-40-550, 6VAC15-40-560, 6VAC15-40-600 through 6VAC15-40-670, 6VAC15-40-690, 6VAC15-40-720, 6VAC15-40-730, 6VAC15-40-740, 6VAC15-40-760, 6VAC15-40-770, 6VAC15-40-790, 6VAC15-40-810 through 6VAC15-40-840, 6VAC15-40-870, 6VAC15-40-880, 6VAC15-40-910 through 6VAC15-40-980, 6VAC15-40-1000 through 6VAC15-40-1050, 6VAC15-40-1080, 6VAC15-40-1090, 6VAC15-40-1100, 6VAC15-40-1150, 6VAC15-40-1160, 6VAC15-40-1180, 6VAC15-40-1193, 6VAC15-40-1195, 6VAC15-40-1210, 6VAC15-40-1220, 6VAC15-40-1240 through 6VAC15-40-1280, 6VAC15-40-1300, 6VAC15-40-1310, 6VAC15-40-1330 through 6VAC15-40-1360; adding 6VAC15-40-5, 6VAC15-40-405, 6VAC15-40-545, 6VAC15-40-831, 6VAC15-40-945, 6VAC15-40-1045, 6VAC15-40-1111, 6VAC15-40-1315, 6VAC15-40-1380; repealing 6VAC15-40-460, 6VAC15-40-1320).

Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: April 15, 2011.

Agency Contact: William Wilson, Compliance and Accreditation Unit, Department of Corrections, 6900 Atmore Drive, Richmond, VA 23225, telephone (804) 674-3499, FAX (804) 674-3587, or email william.t.wilson@vadoc.virginia.gov.

Basis: Section 53.1-5 authorizes the Board of Corrections to adopt regulations necessary to carry out the provisions of Title 53.1 of the Code of Virginia and other Virginia laws administered by the Director of the Department of Corrections or the department. Section 53.1-68 of the Code of Virginia authorizes the Board of Corrections to establish regulations to govern the administration and operation of local correctional facilities. Section 53.1-131 of the Code of Virginia authorizes the Board of Corrections to establish regulations to govern work release, educational, and other rehabilitative programs. Section 53.1-133.01 of the Code of Virginia authorizes the Board of Corrections to develop a model plan and develop regulations for jail prisoner medical treatment programs. Section 53.1-131.3 of the Code of Virginia authorizes the Board of Corrections to develop a model plan and develop regulations for payment of costs associated with inmate keep.

Purpose: This regulatory action will apply to all local and regional jails and lockups within the Commonwealth. Amendments to existing regulations are intended to enhance and add to the current operational and supervision standards for jails and lockups for which compliance and Board of Corrections certification is required. The standards consist of minimum rules to (i) ensure local correctional facility adherence to Board of Corrections' life, health, and safety standards; (ii) ensure appropriate jail staffing levels; (iii) provide sufficient local jail work release program bed space for the graduated release of state offenders back into society; and (iv) ensure appropriate evaluation of court referrals for participation in community facility programs.

The model plans for jail prisoner medical treatment programs and for the payment of costs associated with inmate keep are specifically mandated by the Code of Virginia.

Substance: 6VAC15-40-5, Compliance Documentation: The elements listed in the compliance documentation shall be interpreted as part of the standards.

6VAC15-40-10, Definitions: Inserts or amends definitions to address the amendments and additions of specific information within the regulation, including Automated External Defibrillator or "AED," civilian personnel, compliance documentation, criminal history record information, disposition as referenced in various sections, emergency plant, indigent inmate, material safety data sheet (MSDS), medical co-payment, model plans, recognized certifying agency, and regional jail as defined in § 53.1-82 of the Code of Virginia.

6VAC15-40-110, Serious incident reports: Expands the types of incidents for which serious incident reports are filed, to include erroneous releases, hostage situations, and recapture of escapees.

6VAC15-40-130, Written grievance procedure: Adds to existing standards that inmates shall be given a grievance form after exhausting all prerequisites of the grievance procedure.

6VAC15-40-150, Inmate exercise: Adds the one requirement that facilities with specified exercise areas shall provide inmate exercise a minimum of one hour per week, and facilities without specified exercise areas shall provide equipment or an area within the dayroom for inmates to exercise large muscle groups on a daily basis. Shortage of staff shall not hinder inmate access to physical exercise.

6VAC15-40-170, Written procedures for accountability of inmate participants: Specifies requirements for verifying an inmate's location within the community by adding the requirement that a minimum of one staff-initiated telephone contact per week and a minimum of one random field visit per month should be conducted and documented.

6VAC15-40-200, Furlough: § 53.1-37 of the Code of Virginia is deleted because inmates are no longer furloughed directly from Department of Corrections' (DOC) facilities.

6VAC15-40-250, Participation in religious services or counseling: Adds a sentence that the constitutional right to pursue any lawful and legitimate religious practice shall be guaranteed to all inmates consistent with maintaining the order and security of the facility.

6VAC15-40-290, Provisions of reading materials: Deletes the requirement that periodicals must not be more than one year old.

6VAC15-40-320, Licensed physician: Adds that facilities contracting with private medical facilities or vendors shall maintain a current copy of the agreement, unless employed by the facility.

6VAC15-40-340, Licensing, certification and qualification of health care personnel: Adds that each facility shall have a minimum of one licensed or qualified health care provider who is accessible to inmates a minimum of one time per week.

6VAC15-40-360, Twenty-four hour emergency medical and mental health care: Adds mental health to this standard.

6VAC15-40-370, Receiving and medical screening of inmates: Adds the requirement that all inmates shall receive a TB skin test within seven days of admission to the facility.

6VAC15-40-410, Inmate medical records: Adds that inmate medical records shall be kept separate from other facility records.

6VAC15-40-420, Transfer of summaries of medical record: Adds the requirement that a specific DOC medical summary form transfer with the inmate and that additional pertinent medical information shall accompany the form.

6VAC15-40-440, Medical care provided by personnel other than physician: Adds the requirement that protocols or orders shall be reviewed and signed by the supervising physician every 12 months.

6VAC15-40-450, Suicide prevention and intervention plan: Adds the requirement that the plan, after initial review and documentation by a medical or mental health authority, be reviewed and documented every three years thereafter.

6VAC15-40-460, Applicability of medical treatment program standards: Repeals this standard that only applies to facilities that have established a medical treatment program.

6VAC15-40-480, Set fees required: Adds that the fees shall not exceed those fees established by the Board of Corrections in the Model Plan for Jail Prisoner Medical Treatment Programs. (Model Plan is incorporated by reference).

6VAC15-40-545, Standards for inmate food service workers: Requires written policy, procedure, and practice to ensure a visual medical examination of each inmate assigned to food service, which shall occur no more than 30 days prior to assignment and quarterly thereafter. Each inmate shall be given a TB skin test prior to food service assignment and such tests shall be documented. If an inmate tests positive for TB, the inmate shall not be granted assignment to food service.

6VAC15-40-550, Food service program: Adds two additional requirements, (i) RDA evaluation of facility menus shall be completed by an independent registered dietician or certified nutritionist every three years, and (ii) additional evaluations shall be completed when a substantive change in the menu or food service provider occurs.

6VAC15-40 560, Meals prepared, delivered and served under direct supervision of staff: Adds that meals are prepared, delivered, and served under the direct supervision of staff.

6VAC15-40-620, Postage allowance: Clarifies the definition of an indigent inmate as one having less than the equivalent of the cost of five first class stamps in his account for 15 days.

6VAC15-40 630, Outgoing and incoming mail: Amends the requirement that mail is collected and sent daily except Saturdays, Sundays, and holidays, and changes it to collected and sent during normal United States Postal Service days of operation.

6VAC15-40-650, Notice of seizure of mail contraband: Deletes the requirement that notice be provided to the sender and that the sender shall be allowed to appeal to the facility administrator.

6VAC15-40-690, Approved items visitors may bring into facility: Adds the requirement that the list be posted.

6VAC15-40-720, Inmates confined to jail: Adds to the list that written policy, procedure, and practice shall address that mattresses shall be provided to inmates.

6VAC15-40-730, Telephone calls during the booking process: Adds that reasonable accommodations shall be made for non-English speaking inmates, as well as hearing impaired and visually impaired inmates.

6VAC15-40-770, Provision of hygiene items: Adds the requirement that sanitary napkins shall be provided upon reasonable request to each female inmate assigned to the general population.

6VAC15-40-790, Inventory of cash and personal property: Adds prohibition against computerized officer identification in lieu of an actual signature.

6VAC15-40-831, Fee for inmate keep: Adds that fees shall be up to, but not to exceed, the fee stated in the Board of Corrections Model Plan for Payment of Costs Associated with Inmate Keep, and provides a list of minimum procedures that must be addressed in written policy, procedure, and practice.

6VAC15-40-920, Contraband: Adds that the policy shall be available to inmates via the inmate handbook or orientation.

6VAC15-40-930, Key and door control: Adds that perimeter security door keys shall not be issued to staff unless authorized as per the approved emergency plans.

6VAC15-40-945, Tools: Adds this section to require that written policy, procedure, and practice shall govern the control and use of tools.

6VAC15-40-950, Flammable, toxic, and caustic materials: Adds that inmate access to flammable, toxic, and caustic materials shall be limited and closely supervised.

6VAC15-40-1020, Record of activities in disciplinary detention and administrative segregation: Adds that documented activities shall include admissions, visits, showers, exercise periods, meals, unusual behavior, mail, and release.

6VAC15-40-1030, Assessment of inmates in disciplinary detention and administrative segregation: Adds that if an inmate refuses to be evaluated, the refusal shall be documented.

6VAC15-40-1040, Staff training: Deletes the requirements for inmate housing area inspections from this section and transfers it to newly created 6VAC15-40-1045.

6VAC15-40-1045, Supervision of inmates: Repeats the requirements for inmate housing area inspections that were removed from 6VAC15-40-1040.

6VAC15-40-1080, Emergency plans and fire drills: Adds an additional requirement that each facility shall conduct and document quarterly dire drills.

6VAC15-40-1111, Self contained breathing apparatus: Adds a requirement that if the facility is equipped with one or more self-contained breathing apparatus, security staff shall be trained and quarterly drills shall be conducted and documented.

6VAC15-40-1150, Vermin and pest control: Requires servicing by licensed pest control business or personnel certified by the Virginia Department of Agriculture and Consumer Services.

6VAC15-40-1270, Telephone calls during the admissions process: Adds a requirement that reasonable accommodations shall be made for non-English speaking detainees as well as hearing impaired and visually impaired detainees.

6VAC15-40-1280, Juvenile detention: Adds a requirement that juveniles shall have continuous, direct supervision.

6VAC15-40-1350, Serious incident report: Expands the types of incidents for which serious incident reports are filed, to include erroneous releases, hostage situations, and recapture of escapees. Changes the initial reporting time from end of the next work day to within 24 hours.

Issues: The primary advantage will be to improve current operational and supervision standards, including life, health, and safety, for local and regional jails and lockups. These minimum rules for compliance allow each jurisdiction to know exactly what is expected and to abide by the standards set forth by the Board of Corrections. The compliance documentation, used as an evaluation tool during annual unannounced inspections for jail compliance with the board's life, health, and safety standards, provides objective benchmarks for evaluation. Having safe and secure jails and lockups enhances the safety of communities where these facilities are located.

There are no disadvantages to the public or the Commonwealth.

The Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Corrections proposes 1) to require a tuberculosis skin test for all inmates within seven days of admission to the facility, 2) to require that at least one Automated External Defibrillator must be available in each facility and all security staff must receive training in the operation of the unit, and 3) to clarify numerous current standards.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The Board of Corrections proposes 1) to require a tuberculosis skin test for all inmates within seven days of admission to the facility, 2) to require that at least one Automated External Defibrillator must be available in each facility and all security staff must receive training in the operation of the unit, and 3) to clarify numerous current standards.

According to Department of Corrections, tuberculosis skin test costs between $1.37 and $3.50 per test.1 The cost is paid by local governments. The number of commitments in fiscal year 2009 was approximately 399,000. However, most of the commitments do not stay at the facility long enough to be administered the test. Thus, it is difficult to precisely estimate the total cost of this change on the localities. On the benefits side, this proposed change helps identifying the infected individuals and isolating them so that other inmates are not infected.

The proposed changes also require facilities to have at least one Automated External Defibrillator available and to train their security personnel. Department of Corrections estimates that the cost of this equipment is approximately $600. Also, the training is expected to be completed within 30 minutes or less. It is highly likely that most facilities will incorporate this training into their CPR training curriculum. According to the department, at least half of the facilities already have this equipment available. The main benefit of this change is to be able to quickly intervene and improve the chances of survival when someone is having a heart problem.

The rest of the proposed changes clarify existing standards. Thus, no significant economic impact is expected from those changes other than improving the clarity of the regulations.

Businesses and Entities Affected. Approximately 84 correctional facilities may be affected. The number of individuals housed at these facilities was 28,782 on October 31, 2009.

Localities Particularly Affected. The proposed regulations apply throughout the commonwealth.

Projected Impact on Employment. The proposed regulations are expected to increase demand for labor to administer skin test and train security personnel for Automated External Defibrillator.

Effects on the Use and Value of Private Property. The proposed changes are not expected to have a significant effect on the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed changes do not have direct costs or other affects on small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed changes do not have an adverse impact on small businesses.

Real Estate Development Costs. The proposed changes do not affect real estate development costs.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 107 (09). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

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1 One locality reported that it pays $38 per test to its health department.

Agency's Response to Economic Impact Analysis: The Department of Corrections concurs with the analysis prepared by the Department of Planning and Budget regarding regulations for 6VAC15-40, Minimum Standards for Jails and Lockups.

Summary:

The proposed amendments (i) clarify current standards to include terminology and procedures, extensive modification of chapter definitions, and incorporation by reference of two model plans (payment of costs associated with prisoner keep and jail prisoner medical treatment programs); and (ii) add sections to address compliance documentation, Automated External Defibrillator devices, standards for inmate food service workers, fees for inmate keep, tools, supervisions of inmates, and self-contained breathing apparatus.

Part I
General Provisions

6VAC15-40-5. Compliance documentation.

The elements listed in the compliance documentation shall be interpreted as part of the standard. If facility policy exceeds the requirement of the standard, the facility will be held to the content of such policy.

6VAC15-40-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative segregation" means a form of separation from the general population when the continued presence of the inmate in the general population would pose a serious threat to life, property, self, staff or other inmates, or to the security or orderly running of the institution facility. Inmates pending investigation for trial on a criminal act or pending transfer can also be included.

"Annually Annual" means an action performed each calendar year.

"Appeal" means the procedure for review of an action by a higher authority.

"Audit" means the determination of facility compliance with standards through an examination of records and operations by a team of qualified professionals.

"Automated External Defibrillator" or "AED" means a device that automatically analyzes the heart rhythm and permits a shock to be delivered to restore a normal heart rhythm if a problem is detected.

"Board" means the Board of Corrections.

"Certification" means an official approval by the Board of Corrections that allows a facility to operate.

"Chief executive officer" means the elected or appointed individual who by law or position, has the overall responsibility for the facility's administration and operation.

"Civilian personnel" means non-sworn facility employees who have been provided with on-the-job training in facility security procedures and emergency plans and communications, and are assigned to posts that do not require direct inmate contact and supervision.

"Classification" means the process for determining inmate housing, custody and program assignments.

"Communication system" means a mechanical audio transmission such as telephone, intercom, walkie talkie or T.V. monitor.

"Compliance and Accreditation Unit" means the unit within the Department of Corrections responsible for conducting triennial certification audits and yearly unannounced life, health, safety inspections of local and regional jails and lockups.

"Compliance documentation" means the required documentation in conjunction with the requirements of this chapter used to determine compliance during triennial certification audits and yearly unannounced life, health, safety inspections.

"Contraband" means any item possessed by inmates found in the possession of an inmate or found within the jail or lockup that is illegal by law or not specifically approved for inmate possession by the facility administrator of the facility.

"Correctional status information" means records and data concerning a convicted person's custodial status, including probation, confinement, work release, study release, escape or termination of custody through expiration of sentence, parole, pardon, or court decision.

"Criminal history record information" means records and data collected by criminal justice agencies on adult individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, information or other formal charges and any disposition arising there from. The term shall not include juvenile record information, which is controlled by Chapter 11 (§ 16.1-226 et seq.) of Title 16.1 of the Code of Virginia, criminal justice investigative information or correctional status information.

"Culinary items" means utensils used in a kitchen to prepare and serve food, including knives.

"Current" means unexpired.

"Daily log" means a written or electronic record for the recording of daily activities or unusual incidents.

"Department" means the Department of Corrections.

"Detainee" means any person confined but not serving a sentence.

"Director" means the Director of the Department of Corrections.

"Disciplinary detention" means the separation of an inmate from the general population for misconduct and/or violations of regulations.

"Disposition" as referenced in 6VAC15-40-410 and 6VAC15-40-420 means the removal of an inmate from a medical treatment facility or the physician's discharge plan.

"Disposition" as referenced in 6VAC15-40-710 means how an inmate's clothing and personal possessions are inventoried, and where an inmate's clothing and personal possessions are stored until the inmate is released or transferred.

"Disposition" as referenced in 6VAC15-40-910 means the end result of items found during searches of the facility (returned to property, disposed of, etc.).

"Duty post" means a fixed or mobile work location in which the safety and security of the facility and inmates is carried out.

"Educational release" means an approved absence from the facility for the purpose of participating in an educational program.

"Emergency plan" means the written procedures for staff responsibility in the event of fire, hazardous material release, loss of utilities, natural disaster, hostage situations, riots, disturbances, escapes, bomb threats, and mass arrest.

"Erroneous release" means the inadvertent release of an inmate or detainee from the physical plant of the facility.

"Facility" means the actual physical setting in which a program or agency functions.

"Fire prevention practices and emergency plans" means the activities and written procedures utilized and rehearsed to ensure the safety of staff, inmates and public.

"Fire prevention practices" means maintaining smoke detection equipment, servicing fire extinguishers, keeping living areas free of clutter, and storing combustible materials in the proper manner.

"Fire safety inspection" means an inspection conducted by the Office of State Fire Marshal State Fire Marshal's Office or local fire department approved fire marshal.

"Formal count" means a personal observation and counting of each inmate.

"Furlough" means an approved leave of absence from the facility granted to an inmate.

"Good time" means earned credits that will reduce an inmate's time served.

"Grievance procedure" means the method by which inmates may formally address complaints to the facility administration.

"Health care personnel" means individuals whose primary duties are to provide health services to inmates.

"Health inspection" means an inspection conducted by the local or state Department of Health.

"Impartial officer or committee" means individual(s) who are unbiased and are not directly involved in the particular incident or situation being reviewed.

"Indigent inmate" means an inmate having less than the equivalent of the cost of five first class stamps in his account for 15 days.

"Inmate" means any person classified and confined inside the secure perimeter of the facility.

"Inmate handbook" means a manual, pamphlet or handout that contains information describing facility rules, inmate activities, and conduct.

"Inmate records" means written or electronic information concerning the individual's an inmate's personal, criminal and medical history, behavior, and activities while in custody.

"Inmate worker" means an inmate classified and assigned to perform various duties and tasks inside and outside the facility under supervision of staff.

"Juvenile" means a person less than 18 years of age who is not adjudicated as an adult.

"Legal mail" means mail addressed to or received from an attorney or court.

"Local offender" means an individual who has a conviction but who is not a state offender in accordance with § 53.1-20 of the Code of Virginia.

"Lockup" means a temporary detention facility where detainees are held for not more than 12 hours.

"Material Safety Data Sheet" or "MSDS" means a document containing information on potential health effects from exposure to chemicals or other potentially dangerous substances, and on safe procedures when handling chemical products.

"Medical authority" means physician or nurse.

"Medical co-payment" means the amount (dictated by facility policy; to be a portion of the costs) an inmate pays for medical services.

"Medical screening" means an observation and interview process within the booking procedure designed to obtain pertinent information regarding an individual's medical or mental health condition.

"Model Plan for Jail Prisoner Medical Treatment Programs" means the model plan for medical treatment fees developed by the Board of Corrections to serve as a guide for the establishment of a medical treatment program per § 53.1-133.01 of the Code of Virginia.

"Orientation" means information for newly admitted inmates pertaining to facility rules and regulations, access to medical services, medical services fees and payment procedures, and programs available.

"Permanent record" means a written or electronic record of a facility's activities that cannot be altered or destroyed subject to state law.

"Pharmaceuticals" means prescription and nonprescription drugs.

"Policy" means a definitive statement of position on an issue concerning the organization's effective operation.

"Policy and procedures manual" means a written or electronic record containing all policies and procedures needed for the operation of the facility in accordance with the law and the minimum standards for local jails and lockups.

"Post order" means a list of specific job functions and responsibilities required of each duty post or position.

"Procedure" means a detailed, step-by-step description of the activities necessary to fulfill the policy. A procedure describes how, when, where, and by whom the organization will implement and fulfill the policy.

"Program" means the plan or system through which a correctional agency works to meet its goals; often the program requires a distinct physical setting.

"Protective custody" means a form of separation from the general population for inmates requesting or requiring protection from other inmates.

"Quarterly" means an action that occurs once every three months within a calendar year.

"Recognized certifying agency" means an agency, such as the American Red Cross, the American Heart Association, or a local hospital or fire department, that is approved and recognized as being qualified to instruct first aid and CPR courses.

"Recreational activities" means any out-of-cell activity ranging from scheduled outside or inside recreation to informal tabletop games.

"Regional jail" (as defined in § 53.1-82 of the Code of Virginia) means three or more counties or cities, or any combination thereof, that are authorized to contract for services for the detention and confinement of categories of offenders in single or regional jail facilities operated by the contracting jurisdictions. In addition (i) any three or more counties, cities, or towns, or any combination thereof, operating a jail facility pursuant to an agreement for cooperative jailing established on or before January 31, 1993; (ii) any existing regional jail facility established by only two cities, counties, or towns on or before June 30, 1982; and (iii) any regional jail facility established by only two contiguous counties whose boundaries are not contiguous by land with the boundaries of any other county in the Commonwealth, may participate under the provisions of this section. The board shall promulgate regulations specifying the categories of offenders that may be served pursuant to the contracts provided for herein.

"Rehabilitation release" means an approved absence from the facility for the purposes of participating in a rehabilitation program.

"Security staff" means those officers who have completed on-the-job training and whose primary responsibilities are the safety and security of the facility and inmates.

"Sharps" means any medical or dental instrument (lancet, needle, syringe, scalpel, etc.) stored and used within the facility.

"State offender" means an individual sentenced to a term of incarceration in accordance with § 53.1-20 of the Code of Virginia. For the purpose of 6VAC15-40-230 and 6VAC15-40-240 relative to work release, educational release or rehabilitative rehabilitation release, a state offender shall be defined in terms of the intake schedule pursuant to § 53.1-20 of the Code of Virginia.

"Trained" means completion of on-the-job training including, at a minimum, the following topics: key control, count procedures, emergency plans, first aid and CPR, universal precautions, suicide prevention, use of force, emergency communication, and security operations. A supervisor or field training officer current in Basic Jail Training shall verify in writing the individual has received on-the-job training and is competent in said training. The scope and breadth of the training shall be at the discretion of the sheriff or facility administrator.

"Twelve months" means no later then the last day of the same month each year.

"Universal precautions" means a set of procedural directives and guidelines detailing placing barriers between staff and all blood and body bodily fluids. These directives include provision of provisions for protective barrier devices, standardized labeling of biohazards, mandatory training of employees in universal precautions, management of exposure incidents, and the availability to employees of immunization for employees against Hepatitis B.

"Virginia Department of Health inspection" or "VDH inspection" means the required 12-month inspection conducted by the VDH.

"Volunteer" means an individual who provides services to the detention facility without compensation.

"Work day" means Monday through Friday.

"Work release" means full-time employment or participation in suitable vocational training programs.

6VAC15-40-30. Requirement for written statement.

The facility shall have a written statement and policy discussing its philosophy, goals and objectives. The written statement shall be reviewed every 12 months by administrative staff.

6VAC15-40-40. Policy and procedures manual.

Written policy and procedures shall be maintained and shall be available 24 hours a day to all staff. The facility's policies and procedures shall be reviewed every 12 months by the administration administrative staff and updated to keep current with changes.

6VAC15-40-60. Annual report.

A written annual report of the availability of services and programs to inmates in a facility shall be reviewed by the facility administrator and provided to the sentencing courts and may be provided to relevant community agencies.

6VAC15-40-90. Content of personal inmate records.

Personal records shall be maintained on all inmates committed or assigned to the facility. Inmate records shall be kept confidential, securely maintained, and in good order to facilitate timely access by staff. These Inmate records shall contain, but not be limited to:

1. Inmate data form;

2. Commitment form or court order, or both;

3. Records developed as a result of classification;

4. All disciplinary actions, or unusual incidents;

5. Work record and program involvement; and

6. Copies of inmates' property expenditure records and receipts.; and

7. Victim notification when required, if applicable.

6VAC15-40-100. Daily logs.

The facility shall maintain a daily log(s) that records the following information:

1. Inmate count and location, to be verified with a minimum of one formal count per shift, observing flesh and movement;

2. Intake and release of inmates;

3. Entries and exits of physicians, attorneys, ministers, and other nonfacility personnel; and

4. Any unusual incidents such as those that result in physical harm to, or threaten the safety of, any person, or the security of the facility.

6VAC15-40-110. Serious incident report reports.

A report setting forth in detail the pertinent facts of deaths, discharging of firearms, erroneous releases, escapes, fires requiring evacuation of inmates, hostage situations, and discharging firearms recapture of escapees shall be reported to the local facilities unit Local Facilities Supervisor of the Compliance and Accreditation Unit, Department of Corrections (DOC), or designee. The initial report should shall be made within 24 hours with and a full report submitted at the end of the investigation.

6VAC15-40-120. Classification.

A. Written policy, procedure, and practice shall ensure the following:

1. Classification of inmates as to level of housing assignment and participation in correctional programs;

2. Separate living quarters for males, females, and juveniles;

3. Inmates are not segregated by race, color, creed or national origin;

4. Security permitting, equal access to all programs and activities, through separate scheduling, or other utilization of combined programs under supervision; and

5. Any exception to the above to be is documented in writing.

B. If the facility is using objective classification, then the provisions of this subsection shall be followed:

1. Classification is conducted upon intake and prior to final housing assignment.;

2. Classification determines the custody level and housing assignment.;

3. Classification is conducted through prisoner inmate interviews and the use of data collection instruments or forms, which are maintained on file.;

4. Classification instruments enable objective evaluation and/or scoring of:

a. Current offenses.

b. Prior convictions.

c. History of assaultive behavior.

d. Escape history.

e. Prior institutional adjustment.

f. Court status and pending charges.

g. Mental health or medical treatment history or needs.

h. Identified stability factors.

5. The classification system includes administrative review of decisions and periodic reclassifications reclassification and override procedures that are documented and maintained on file.

6. The classification system addresses both the potential security risks posed and treatment needs of the inmate.

7. Male, female and juvenile inmates are housed separately Separate living quarters for males, females, and juveniles.

8. Inmates are not segregated by race, color, creed, or national origin.

6VAC15-40-130. Written grievance procedure.

A written grievance procedure shall be developed and made available to all inmates with the following elements:

1. Grievance shall be responded to within nine work days of receipt; Inmates shall be given a grievance form after exhausting all prerequisites of the grievance procedure. Prerequisites shall be documented.

2. Written responses, including the reason for the decision, shall be made to all grievances; Grievances shall be responded to within nine work days of receipt.

3. A review shall be made by someone not directly involved in the grievance; Written responses, including the reason for the decision, shall be made to all grievances.

4. All inmates shall have access to the procedures with guaranty against reprisal; and A review shall be made by a staff member not directly involved in the grievance.

5. All inmates shall be afforded the opportunity to appeal the decision. All inmates shall have access to the grievance procedure with guaranty against reprisal.

6. All inmates shall be afforded the opportunity to appeal the decision.

6VAC15-40-150. Inmate exercise.

Written policy, procedure, and practice shall provide that all inmates have access to regular physical exercise. Facilities with specified exercise areas shall provide inmate exercise a minimum of one hour per week. Facilities without specified exercise areas shall provide equipment or an area within the dayroom for inmates to exercise large muscle groups on a daily basis. Shortage of staff shall not hinder inmate access to physical exercise. Any exception shall be documented in writing.

6VAC15-40-160. Written procedures for release program eligibility criteria.

Written procedures outlining the eligibility criteria for participation in a work release, educational release, electronic monitoring, or rehabilitation release program shall be developed by each facility with a work release, educational release, electronic monitoring, or rehabilitation release program. Offenders Inmates shall meet the established eligibility requirements prior to being released to participate in the program.

6VAC15-40-170. Written procedures for accountability of inmate participants.

Written procedures shall ensure the accountability of inmate participants and provide for supervision in the community. Such procedures shall include, at a minimum:

1. Provisions for a daily inmate count;

2. Methods for determining and identifying inmates who are authorized to leave the facility;

3. Provisions for a controlled sign-out and sign-in process; and

4. Methods of verifying the inmate's location within the community, both by telephone and random field visits Provisions that require that a minimum of one staff-initiated telephone contact per calendar week and a minimum of one random field visit per month shall be conducted and documented to verify the inmate's location within the community.

6VAC15-40-180. Conditions for offender inmate participation in a work release program.

Offender Inmate participation in a work release program shall conform to the following specific conditions unless ordered otherwise by an appropriate court.:

1. Participation by the inmate shall be on a voluntary basis.

2. The following conditions shall be met where the employer has a federal contract.:

a. Representatives of local union central bodies or similar labor union organizations shall have been consulted;

b. Employment shall not result in the displacement of employed workers, or be applied in skills, crafts or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; and

c. Rates of pay and other conditions of employment shall not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed.

6VAC15-40-190. Conditions for offender inmate participation in educational release or rehabilitative rehabilitation release program programs.

Offender Inmate participation in an educational release or rehabilitative rehabilitation release program shall conform to the following specific conditions unless ordered otherwise by an appropriate court.:

1. Participation by the inmate may be voluntary or court ordered;

2. Meetings or classes shall be on a regularly scheduled basis; and

3. Other conditions shall not be more restrictive on the offender inmate than those required by other participants.

6VAC15-40-200. Furlough.

Participants Inmate participants in the a work release, educational release, or rehabilitative rehabilitation release programs program may be considered for furlough, as prescribed by the facility policy, not to exceed three days in length at any one time. Written procedures shall govern the granting of furloughs in accordance with the provisions of §§ 53.1-37 and § 53.1-132 of the Code of Virginia.

6VAC15-40-210. Earnings.

Written procedures shall be developed to ensure the accountability of all earnings received, disbursed, to whom and reason on behalf of the inmate participant. Procedures shall be in accordance with § 53.1-131 of the Code of Virginia.

6VAC15-40-220. Removing inmate participants from program.

Written procedures shall establish the criteria and process for removing a participant inmate participants from the program.

1. Procedures shall include provisions for an impartial hearing for the participant inmate participants.

2. Procedures shall include provisions for the appeal of appealing the removal.

3. Documentation shall reflect that this information was explained to all inmate participants when they were assigned upon assignment to the program.

6VAC15-40-230. Written agreement with director.

Each facility having a work release, educational release, or rehabilitation release program that includes state offenders as defined in § 53.1-20 of the Code of Virginia shall have a written agreement with the director, or his designee.

6VAC15-40-240. Offender participation in compliance with appropriate criteria and approval.

State offenders assigned to a work release, educational release, or rehabilitation release program shall meet the Department of Corrections work release appropriate criteria and set forth by the Department of Corrections (DOC), be approved by the department's DOC Central Classification Board Services and the department's management review process pursuant to a written agreement as provided for in accordance with § 53.1-131 of the Code of Virginia.

6VAC15-40-250. Participation in religious services or counseling.

Written policy, procedure, and practice shall allow inmates to participate voluntarily in available religious services or counseling of their choice during scheduled hours within the facility. The constitutional right to pursue any lawful and legitimate religious practice shall be guaranteed to all inmates consistent with maintaining the order and security of the facility.

6VAC15-40-280. Availability and administration of educational services.

Written policy, procedure, and practice shall govern the availability and administration of educational services for inmates, including a written agreement with the local school authority for the provision of special education. The facility administrator shall coordinate and cooperate with local authorities for the provision of local community services and resources utilized for this purpose, where they are available.

6VAC15-40-290. Provisions of reading materials.

The facility shall provide reading materials that include current periodicals (not more than one year old).

6VAC15-40-300. Permission of reading materials.

Reading materials, including newspapers, magazines and books, shall be permitted in the jail facility unless the material poses a threat to security or is not in compliance with other jail facility restrictions or guidelines.

6VAC15-40-320. Licensed physician.

A licensed physician shall supervise the facility's medical and health care services. Facilities that contract with private medical facilities or vendors shall maintain a current copy of the agreement, unless employed by the facility.

6VAC15-40-330. Restrictions on physician.

No restrictions shall be imposed on the physician by the facility in the practice of medicine; however. However, administrative and security regulations applicable to facility personnel shall apply to medical personnel as well.

6VAC15-40-340. Licensing and Health care provider and licensing, certification, and qualification of health care personnel.

Each facility shall have a minimum of one licensed or qualified health care provider who is accessible to inmates a minimum of one time per week. Health care personnel shall meet appropriate and current licensing or, certification, or qualification requirements.

6VAC15-40-360. Twenty-four-hour emergency medical and mental health care.

Written policy, procedure, and practice shall provide 24-hour emergency medical and mental health care availability.

6VAC15-40-370. Receiving and medical screening of inmates.

Written policy, procedure, and practice shall provide that receiving and medical screening be performed on all inmates upon admission to the facility. The medical screening shall:

1. Specify screening for current illnesses, health problems and conditions, and past history of communicable diseases;

2. Specify screening for current symptoms regarding the inmate's mental health, dental problems, allergies, present medications, special dietary requirements, and symptoms of venereal disease;

3. Include inquiry into past and present drug and alcohol abuse, mental health status, depression, suicidal tendencies, and skin condition; and

4. For female inmates, include inquiry into possible pregnancy or gynecological problems.; and

5. All inmates shall receive a tuberculosis (TB) skin test within seven days of admission to the facility.

6VAC15-40-380. Inmate access to medical services.

Written policy, procedure, and practice shall be developed whereby inmates can shall be informed, at the time of admission to the facility, of the procedures for gaining access to medical services.

6VAC15-40-390. Training and competency of staff.

All certified security staff shall be trained and competent in rendering basic first aid and CPR by a recognized certifying agency. All training shall be documented.

6VAC15-40-393. Universal precautions.

All regularly assigned facility staff who have contact with inmates shall be trained, competent, and knowledgeable in the use of universal precautions. All training shall be documented and completed every 12 months.

6VAC15-40-395. Management of sharps.

Written policy, procedure, and practice shall govern the control, storage, and use of sharps including at a minimum needles, scalpels, lancers lancets, and dental tools.

6VAC15-40-400. Management of pharmaceuticals.

Written standard operating procedures for the management of pharmaceuticals shall be established and approved by the facility's physician or pharmacist medical authority or pharmacist, if applicable. Written policy, procedure, and practice shall provide for the proper management of pharmaceuticals, including receipt, storage, dispensing, and distribution of drugs. Such These procedures shall be reviewed every 12 months by the medical authority or pharmacist. Such reviews shall be documented.

6VAC15-40-405. Automated External Defibrillator (AED).

There shall be a minimum of one AED unit available in the facility. All security staff shall receive training in the operation of the unit.

6VAC15-40-410. Inmate medical record records.

The medical record for each inmate shall be kept separate from other facility records and shall include the following:

1. The completed screening form; and

2. All findings, diagnoses, treatment, dispositions, prescriptions, and administration of medication.

6VAC15-40-420. Transfer of summaries of medical record.

Summaries of the medical record file shall be forwarded to the facility to which the inmate is transferred. Medical record summaries shall be transferred to the same facility to which the inmate is being transferred. Required information shall include: vital signs, current medications, current medical/dental problems, mental health screening, mental health problems, TB skin test date and results, special inmate needs/accommodations, pending medical appointments, medical dispositions, overall comments, health care provider/personnel signature and date, and any additional pertinent medical information such as lab work, x-rays, etc.

6VAC15-40-440. Medical care provided by personnel other than physician.

Medical care performed provided by personnel other than a physician shall be pursuant to a written protocol or order. Protocols or orders shall be reviewed and signed by the supervising physician every 12 months.

6VAC15-40-450. Suicide prevention and intervention plan.

There shall be a written suicide prevention and intervention plan. These procedures shall be reviewed and documented by an appropriate medical or mental health authority prior to implementation and every three years thereafter. These procedures shall be reviewed every 12 months by all staff having contact with inmates. These Such reviews shall be documented.

6VAC15-40-460. Applicability of medical treatment program standards. (Repealed.)

The standards in this part apply only to those facilities that have established a medical treatment program in which prisoners pay a portion of the costs per § 53.1-133.01 of the Code of Virginia.

6VAC15-40-480. Set fees required.

Inmate payment for medical services shall be in accordance with set fees based upon only a portion of the costs of these services up to, but shall not exceed, those fees established by the Board of Corrections in the Model Plan for Jail Prisoner Medical Treatment Programs per § 53.1-133.01 of the Code of Virginia.

6VAC15-40-510. Ability to pay.

Written policy, procedure, and practice shall provide ensure that no inmate will be denied access to medically necessary services based upon ability to pay.

6VAC15-40-520. Acknowledgment in writing.

Medical service services fee debits to inmate accounts shall be acknowledged by the inmate in writing. The acknowledgement shall be signed by a witness if the inmate refuses to sign.

6VAC15-40-545. Standards for inmate food service workers.

Written policy, procedure, and practice shall ensure that a visual medical examination of each inmate assigned to food service occurs no more than 30 days prior to assignment and quarterly thereafter. Each inmate shall be given a TB skin test prior to food service assignment. Such tests shall be documented. If an inmate tests positive for TB, that inmate shall not be granted assignment to food service.

6VAC15-40-550. Food service program.

Written policy, procedure, and practice shall ensure a food service program that meets the following:

1. The menu meets the dietary allowances as stated in the Recommended Dietary Allowances (RDA), National Academy of Sciences;

2. There is at least a one-week advance menu preparation; and

3. Modifications in menus are based on inmates' medical or reasonable religious requirements. Medical or dental diets shall be prescribed by the facility's medical authority.;

4. RDA evaluation of facility menus shall be completed by an independent registered dietitian or certified nutritionist every three years; and

5. Additional evaluations shall be completed when a substantive change in the menu or food service provider occurs.

6VAC15-40-560. Meals prepared, delivered, and served under direct supervision of staff.

Written policy, procedure, and practice shall ensure meals are prepared, delivered, and served under the direct supervision of staff.

6VAC15-40-600. Correspondence privileges.

Written policy, procedure, and practice shall ensure that all inmates, regardless of their jail status, shall be afforded the same correspondence privileges; correspondence. Correspondence privileges shall not be withdrawn as punishment.

6VAC15-40-610. Volume and content of inmate mail.

Written policy, procedure, and practice shall ensure that there is no limit on the volume of letter mail an inmate may send or receive, or on the length, language, content, or source of such letter mail, except where there is clear and convincing evidence to justify such limitations.

6VAC15-40-620. Postage allowance.

Written policy, procedure, and practice shall make available, when requested by an indigent inmate (as defined by local jail policy), a postage allowance of at least five first-class rate (one ounce) letters per week, including legal mail, to indigent inmates. An indigent inmate shall be defined as an inmate having less than the cost of five first class stamps in his account for 15 days.

6VAC15-40-630. Outgoing and incoming letters mail.

Written policy, procedure, and practice shall ensure that outgoing letters shall be mail is collected and sent daily except Saturdays, Sundays, and holidays during normal United States Postal Service (USPS) days of operation. Incoming letters mail to inmates shall be delivered no later than 24 hours after arrival at the facility (contingent upon normal USPS days of operation), or shall be forwarded or returned to sender.

6VAC15-40-640. Incoming general General and legal correspondence.

In accordance with United States Postal Regulations, all incoming general correspondence will be opened, searched and may be read by authorized staff where there is a reasonable suspicion that a particular item of correspondence threatens the safety and security of the facility, the safety of any person, or is being used for furtherance of illegal activities. All incoming legal correspondence shall be opened and searched in the presence of the inmate All general correspondence may be opened, examined, and censored by authorized personnel as per the USPS Administrative Support Manual, Section 274.96. All legal correspondence shall be opened and searched in the presence of the inmate.

6VAC15-40-650. Notice of seizures seizure of mail contraband.

Written policy, procedure, and practice shall assure that ensure notice of the seizures seizure of mailed mail contraband be is given to the inmate and the sender together with the written reason for the seizure in writing. The sender shall be allowed the opportunity to appeal the seizure to the facility administrator or a designee empowered to reverse seizure. Unless it is needed for a criminal investigation or prosecution, property that can legally be possessed outside the facility shall be stored, returned to sender, if known, or destroyed.

6VAC15-40-660. Access and expense of to telephone facilities.

Written policy, procedure, and practice shall ensure inmates have reasonable access to telephone facilities, except where safety and security considerations are documented.

6VAC15-40-670. Delivery of emergency messages to inmates.

Written policy, procedure, and practice shall ensure that emergency messages to inmates are delivered promptly and recorded documented.

6VAC15-40-690. Approved items that visitors may bring into facility.

The facility shall have a posted list of approved items that visitors may bring into the facility. Items brought into the facility by visitors for inmates shall be subject to inspections and approval.

6VAC15-40-720. Inmates confined to jail.

Written policy, procedure, and practice for those inmates to be confined in the jail shall address the following:

1. Shower/search;

2. Issue Issuance of clean clothing/hygiene items/linen;

3. Classification and housing assignment; and

4. Orientation.; and

5. Provision of mattresses.

6VAC15-40-730. Telephone calls during the booking process.

Written policy, procedure, and practice shall specify that newly admitted inmates who are physically capable are permitted to complete at least two local or long-distance telephone calls during the booking process. Reasonable accommodations shall be made for non-English speaking inmates, as well as hearing impaired and visually impaired inmates.

6VAC15-40-740. Requirements for clothing, linens, and towels.

Written policy, procedure, and practice shall provide that a record is kept to show that clean linen linens and towels be are supplied once a week, a clean change of clothing be is provided twice a per week, and inmates shall be held accountable for their use.

6VAC15-40-760. Bathing.

There shall be sufficient hot and cold water for bathing. Each inmate shall be required allowed to bathe twice a week.

6VAC15-40-770. Provision of hygiene articles items.

The facility shall provide soap, a toothbrush, and toothpaste or toothpowder to each inmate upon admission to the general population. Feminine hygiene items (as defined by facility policy) shall be provided upon reasonable request to each female inmate assigned to the general population. Notwithstanding security considerations, shaving equipment, including a mirror, and haircuts shall be made available, and the hygiene needs of all inmates shall be met.

6VAC15-40-790. Inventory of cash and personal property.

A written itemized inventory of cash and personal property of each inmate shall be made at the time of initial booking. A copy signed by both staff and inmate shall be furnished to the inmate. Computerized officer identification shall not substitute for a signature.

6VAC15-40-810. Return of inmate property and funds.

Inmate's Inmate property and funds shall be returned to him upon his release or transfer and receipted for by the inmate in writing, when practical.

6VAC15-40-820. Conduct.

Written policy, procedure, and practice shall govern inmate discipline to and shall include:

1. Rules of conduct, including sanctions for rule violations;

2. Procedures and provisions for pre-hearing disciplinary detention; and

3. Procedures for processing violators that may include plea agreements that may waive the inmates' right to appeal.

6VAC15-40-830. Inmate handbook.

Upon initial housing assignment to a housing status and following intake and reception processing, each inmate shall be informed of, receive, and sign for:

1. A copy of the inmate rules of conduct, including sanctions; and

2. The policy and procedures governing inmate discipline.

6VAC15-40-831. Fee for inmate keep.

If the facility has elected to establish a program to charge a fee for inmate keep, such fee shall be up to, but shall not exceed, the fee stated in the Board of Corrections Model Plan for Payment of Costs Associated with Inmate Keep per § 53.1-131.3 of the Code of Virginia. Written policy, procedure, and practice shall include, at a minimum, the following:

1. Provisions requiring the facility to notify the inmate of such fee in writing upon admission/orientation;

2. Payment and refund procedures;

3. Accounting procedures;

4. Provisions designating which, if any, inmates are exempt;

5. If the release date and the date of arrival are within 24 hours, provisions to charge the inmate only the equivalent of one day's fee; and

6. Whenever an inmate has been charged the fee, provisions specifying that the deduction shall be reflected on the inmate's account.

6VAC15-40-833. Discipline.

The minimum procedural requirements whenever Whenever an inmate may be deprived of good time, or placed on disciplinary segregation the minimum procedural requirements shall include:

1. The accused inmate shall be given written notice of the charge and the factual basis for it at least 24 hours prior to hearing of the charge;

2. The charge shall be heard in the inmate's presence by an impartial officer or committee unless that right is waived in writing by the inmate or through the inmate's behavior. The accused inmate may be excluded during the testimony of any inmate whose testimony must be given in confidence. The reasons for the inmate's absence or exclusion shall be documented;

3. The accused inmate shall be given an opportunity to have the assistance of a staff member or fellow inmate in defending the charge;

4. The inmate shall be given a written statement by the fact finders as to the evidence relied upon and the reasons for the disciplinary action; and

5. The inmate shall be permitted to appeal any finding of guilt to the facility administrator or designee.

6VAC15-40-835. Sanctions.

The minimum procedural requirements whenever Whenever an inmate is punished, such as reprimand reprimands or loss of privileges, the minimum procedural requirements shall include:

1. The accused inmate shall have an opportunity to explain or deny the charge; and

2. The inmate shall have the opportunity to appeal any finding of guilt to the facility administrator or designee.

6VAC15-40-840. Post to control security of jail.

The facility shall maintain a designated post, staffed 24 hours a day, that controls activities and flow of people in and out of the secure area of the jail. Main facility control posts may be staffed by civilian personnel who have been provided on-the-job training in facility security procedures and, emergency plans, which and communications. Such training shall be documented in writing with the same frequency as required by standards for all facility employees. Civilian personnel assigned to control posts shall not be assigned to other posts requiring direct prisoner inmate contact and supervision.

6VAC15-40-870. Security and storage of security devices.

Written policy, procedure, and practice shall govern the security, storage, and use of firearms, ammunition, chemical agents, and related security devices that are stored in and assigned to the facility to ensure that:

1. The facility shall provide secure storage for firearms, ammunition, chemical agents, and related security equipment devices accessible to authorized personnel only and located outside the security perimeter or the inmate housing and activity areas.;

2. Personnel who carry firearms and ammunition are assigned positions that are inaccessible to inmates (with the exception of emergencies).; and

3. Personnel who discharge firearms or use chemical agents other than for training purposes, submit written reports to the facility administrator or designated subordinate designee no later than the conclusion of the shift during which same are discharged or used.

6VAC15-40-880. Officer entry.

Written policy and procedures shall specify the conditions under which an officer can enter a security cell or cell block during an emergency situation.

6VAC15-40-910. Searches of facility and inmates.

Written policy, procedure, and practice provide for searches of facilities and inmates to control contraband and provide for the disposition of contraband. A schedule of searches shall be developed to ensure all housing areas of the facility have been searched on a random, but at least quarterly, basis. These procedures are not made available to inmates.

6VAC15-40-920. Policy for searches of contraband Contraband.

The facility shall post the have a policy regarding searches for the control of contraband or otherwise make it. The policy shall be available to staff and inmates via the inmate handbook or orientation.

6VAC15-40-930. Key and door control.

Written policy, procedure, and practice shall govern key and door control. Perimeter security door keys shall not be issued to staff unless authorized as per the approved emergency plans.

6VAC15-40-940. Tools and culinary Culinary items.

Written policy, procedure, and practice shall govern the control and use of tools and culinary items.

6VAC15-40-945. Tools.

Written policy, procedure, and practice shall govern the control and use of tools.

6VAC15-40-950. Flammable, toxic, and caustic materials.

Written policy, procedure, and practice shall specify the control and storage of cleaning equipment and use of all flammables, toxic, and caustic materials. Inmate access shall be limited and closely supervised.

6VAC15-40-960. Functions of duty post.

Written post orders or position descriptions shall clearly describe the functions of each duty post in the facility and include copies in the policy and procedures manual. Each duty post or position shall maintain a clear description of the functions of that duty post or position. A copy of the post orders shall be readily available.

6VAC15-40-970. Restriction of physical force.

Written policy, procedure, and practice shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property, orderly operation of the facility and prevention of escapes. In no event is physical force justifiable as punishment. A written report shall be prepared following all such incidents described above and shall be submitted to the facility administrator, or designee, for review and justification.

6VAC15-40-980. Restraint equipment.

Written policy, procedure and practice shall govern the use of restraint equipment. A written protocol pertaining to the monitoring of inmates in restraint equipment shall be established and approved by the medical authority.

6VAC15-40-1000. Physical living conditions for disciplinary detention and administrative segregation.

Written policy, procedure, and practice shall ensure that, inmate behavior permitting, the disciplinary detention and administrative segregation units provide physical living conditions that approximate those offered in the general inmate population.

6VAC15-40-1010. Mental health inmates.

Written policy, procedure, and practice shall specify the handling of mental health inmates to include an, including a current agreement to utilize mental health services from either a private contractor or the community services board.

6VAC15-40-1020. Record of activities in disciplinary detention and administrative segregation units.

Written policy, procedure, and practice shall ensure that a record is kept of scheduled activities in disciplinary detention and administrative segregation units. Documented activities shall include the following: admissions, visits, showers, exercise periods, meals, unusual behavior, mail, and release.

6VAC15-40-1030. Assessment of inmate inmates in disciplinary detention or administrative segregation or disciplinary detention.

Written policy, procedure, and practice shall require that a documented assessment by medical personnel that shall include a personal interview and medical evaluation of vital signs, is conducted when an inmate remains in administrative segregation or disciplinary detention beyond or administrative segregation for 15 days and every 15 days thereafter. If an inmate refuses to be evaluated, such refusal shall be documented.

6VAC15-40-1040. Supervision of inmates Staff training.

The facility shall provide for 24-hour supervision of all inmates by trained personnel. All inmate housing areas shall be inspected a minimum of twice per hour at random intervals between inspections. All inspections and unusual incidents shall be documented. No obstructions shall be placed in the bars or windows that would prevent the ability of jail staff to view inmates or the entire housing area.

6VAC15-40-1045. Supervision of inmates.

All inmate housing areas shall be inspected a minimum of twice per hour at random intervals between inspections. All inspections and unusual incidents shall be documented. No obstructions shall be placed in the bars or windows that would prevent the ability of staff to view inmates or the entire housing area.

6VAC15-40-1050. Institution Supervisory inspection.

Supervisory staff shall inspect conduct a general, daily inspection of the institution daily facility. Such inspections shall be documented. Unusual findings shall be indicated in writing documented and submitted to the senior supervisor or designee on duty for review.

6VAC15-40-1080. Emergency situations plans and fire drills.

There shall be fire prevention practices and written emergency plans that outline duties of staff, procedures and evacuation routes. Emergency plans shall include responses in the event of fire, chemical hazardous material release, loss of utilities, natural disaster, taking of hostages hostage situations, riots, disturbances, escape escapes, bomb threats, and mass arrest. Emergency plans shall be reviewed every 12 months by all staff. These reviews shall be documented. Each facility shall conduct and document quarterly fire drills.

6VAC15-40-1090. Release of inmate inmates.

Written policy, procedure, and practice shall require that, prior to an inmate's release the release of an inmate, positive identification is made of the releasee, authority for release is verified, and a check for holds in other jurisdictions is completed.

Part VI
Jail Physical Plant

6VAC15-40-1100. Fire safety inspection.

The facility shall have a state or local fire safety inspections conducted every 12 months. Localities that do not enforce the Virginia Statewide Fire Prevention Code (VSFPC) shall have the inspections performed by the Office of the State Fire Marshal State Fire Marshal's Office. Written reports of the fire safety inspection shall be on file with the facility administrator.

6VAC15-40-1111. Self-contained breathing apparatus.

If the facility is equipped with one or more self-contained breathing apparatus, security staff shall be trained and quarterly drills shall be conducted and documented in the use of this equipment.

6VAC15-40-1150. Vermin and pest control.

The facility shall control vermin and pests and shall be serviced at least quarterly by professional pest control personnel or personnel certified by the Virginia Pesticide Control Board a licensed pest control business or personnel certified by the Virginia Department of Agriculture and Consumer Services.

6VAC15-40-1160. Appropriate lighting and heating.

A. All housing and activity areas shall provide for appropriate lighting and heating.

B. Appropriate lighting shall be at least 20 footcandles at desk level and in personal grooming area.

C. Heat shall be evenly distributed in all rooms so that a temperature no less than 65°F is maintained. Air conditioning or mechanical ventilation systems, such as electric fans, shall be provided when the temperature exceeds 85°F.

6VAC15-40-1180. Special purpose area.

The facility shall have a special purpose area to provide for the temporary detention and care of persons under the influence of alcohol or narcotics or for persons, who are uncontrollably violent or self-destructive and, or those requiring medical supervision.

6VAC15-40-1193. Separation of juveniles.

Juveniles shall be so housed as to be separated by a wall or other barrier that would result in preventing visual contact and normal verbal communication with adult prisoners inmates.

6VAC15-40-1195. Contact with juveniles.

The facility shall have one or more persons employees on duty at all times responsible for auditory and visual contact with each juvenile at least every 30 minutes. Contact shall be at least every 15 minutes when juveniles exhibit self-destructive or violent behavior.

Part VIII
Lockups

6VAC15-40-1210. Responsibility.

The chief of police, town sergeant, or , in case of a county's operating a lockup, the sheriff shall be responsible for seeing that ensuring the lockup is operated in full conformity with this chapter.

6VAC15-40-1220. Coverage.

When the lockup is occupied, at least one employee shall be on duty at the lockup present at all times.

6VAC15-40-1240. Inspection requirements.

Weekly inspections shall be made and recorded conducted and documented of bars, locks, and all security devices. Weekly inspections shall be documented.

6VAC15-40-1250. Commitment and release.

A written record shall be maintained to include name, date, and time of commitment and release of all detainees confined in the lockup of all detainees confined in the lock-up. The written record shall include name, date, and times of commitment and release.

6VAC15-40-1260. Property and funds.

Written policy, procedure, and practice shall govern the inventory and control of detainee property and funds. The detainee shall sign for all property and funds taken upon admission and returned to him upon his release. If the detainee refuses to sign, this shall be witnessed and documented.

6VAC15-40-1270. Telephone calls during the admissions process.

Written policy, procedure, and practice shall specify that newly admitted inmates detainees who are physically capable are permitted the opportunity to complete at least two local or long distance telephone calls during the admissions process. Reasonable accommodations shall be made for non-English speaking detainees as well as hearing and visually impaired detainees.

6VAC15-40-1280. Juvenile detention.

A lockup shall detain juveniles in strict compliance with § 16.1-249 of the Code of Virginia, and shall include continuous, direct supervision.

6VAC15-40-1300. Protection of inmates detainees.

There shall be written Written policy for shall ensure the protection of inmates detainees appearing to be vulnerable to physical or sexual attack.

6VAC15-40-1310. Emergency medical and mental health care.

Written policy and procedures shall provide for 24-hour emergency medical and mental health care availability.

6VAC15-40-1315. Supervision of detainees.

All detainee housing areas shall be inspected a minimum of twice per hour at random intervals between inspections. All inspections and unusual incidents shall be documented. No obstructions shall be placed in the bars or windows that would prevent the ability of staff to view detainees or the entire housing area.

6VAC15-40-1320. Log of medical activities. (Repealed.)

A permanent log shall be maintained on all medical findings, diagnoses, treatment, dispositions, prescriptions and administration of medications, as disclosable by the Code of Virginia.

6VAC15-40-1330. Visiting Attorney visits.

Written policy and procedures shall ensure that: attorneys are permitted to have confidential visits with detainees.

1. There are visiting opportunities limited only by facility schedules, security, space and personnel constraints;

2. Visitors register upon entry into the facility;

3. Circumstances and methods under which visitors may be searched are delineated;

4. Attorneys are permitted to have confidential visits with their clients; and

5. Any exception to the above is documented in writing.

6VAC15-40-1340. Inmate Detainee control.

Written policies policy and procedures shall ensure that punishment shall is not be utilized as a means of control or discipline in lockups. Tear gas, chemical mace, or similar devices Chemical agents shall not be used as punishment and may only be used to control detainees where when there is an imminent threat of physical injury or property damage.

6VAC15-40-1350. Incident Serious incident report.

A report setting forth in detail the pertinent facts of deaths, discharging of firearms, erroneous releases, escapes, fires requiring evacuation of detainees, hostage situations, and discharging firearms recapture of escapees shall be reported to the local facilities unit supervisor of the Compliance and Accreditation Unit, Department of Corrections, or designee. The initial report should shall be made by the end of the next work day with within 24 hours and a full report submitted at the end of the investigation.

6VAC15-40-1360. Inmate Detainee cleanliness.

A detainee shall have access to a wash basin and toilet facility.

6VAC15-40-1380. Fire safety inspection.

The facility shall have a state or local fire safety inspection conducted every 12 months. Localities that do not enforce the Virginia Statewide Fire Prevention Code shall have the inspection performed by the State Fire Marshal's Office. Written reports of the fire safety inspection shall be on file with the facility administrator.

DOCUMENTS INCORPORATED BY REFERENCE (6VAC15-40)

USPS Administrative Support Manual, Section 274.96 - Mail Addressed to Prisoners, ASM 13, July 1999 (Updated with Postal Bulletins through November 2009), United States Postal Service.

Model Plan for Jail Prisoner Medical Treatment Programs, Virginia Department of Corrections.

Model Plan for Payment of Costs Associated with Prisoner Keep, Virginia Department of Corrections.

VA.R. Doc. No. R09-1738; Filed January 25, 2011, 1:11 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
STATE BOARD OF JUVENILE JUSTICE
Final Regulation

Title of Regulation: 6VAC35-150. Standards for Nonresidential Services Available to Juvenile and Domestic Relations District Courts (amending 6VAC35-150-10, 6VAC35-150-30 through 6VAC35-150-60, 6VAC35-150-80 through 6VAC35-150-110, 6VAC35-150-130, 6VAC35-150-140, 6VAC35-150-200 through 6VAC35-150-320, 6VAC35-150-335, 6VAC35-150-340, 6VAC35-150-350, 6VAC35-150-380, 6VAC35-150-390, 6VAC35-150-400 through 6VAC35-150-430, 6VAC35-150-435, 6VAC35-150-450, 6VAC35-150-460, 6VAC35-150-470 through 6VAC35-150-510, 6VAC35-150-530, 6VAC35-150-540, 6VAC35-150-550, 6VAC35-150-620, 6VAC35-150-640, 6VAC35-150-670, 6VAC35-150-690; adding 6VAC35-150-62, 6VAC35-150-64, 6VAC35-150-66, 6VAC35-150-336, 6VAC35-150-355, 6VAC35-150-365, 6VAC35-150-415, 6VAC35-150-575, 6VAC35-150-615; repealing 6VAC35-150-20, 6VAC35-150-35, 6VAC35-150-55, 6VAC35-150-70, 6VAC35-150-150, 6VAC35-150-160, 6VAC35-150-165, 6VAC35-150-175, 6VAC35-150-180, 6VAC35-150-190, 6VAC35-150-330, 6VAC35-150-370, 6VAC35-150-427, 6VAC35-150-440, 6VAC35-150-560, 6VAC35-150-570, 6VAC35-150-590, 6VAC35-150-600, 6VAC35-150-610, 6VAC35-150-650, 6VAC35-150-660, 6VAC35-150-680, 6VAC35-150-700, 6VAC35-150-710, 6VAC35-150-720, 6VAC35-150-730, 6VAC35-150-740).

Statutory Authority: §§ 16.1-233, 16.1-309.9, and 66-10 of the Code of Virginia.

Effective Date: July 1, 2011.

Agency Contact: Janet Van Cuyk, Regulatory Coordinator, Department of Juvenile Justice, 700 East Franklin Street, 4th Floor, Richmond, VA 23219, telephone (804) 371-4097, FAX (804) 371-0773, or email janet.vancuyk@djj.virginia.gov.

Summary:

The amendments update regulatory provisions, last reviewed in 2002, in light of best practices and with the goal of providing a user-friendly regulatory scheme for which the requirements for compliance are clearly delineated. The changes (i) update the definitions section and terms used for clarity and consistency with other regulations promulgated by the board; (ii) remove unnecessary verbiage; (iii) amend the background check section in light of recent statutory changes; (iv) clarify requirements for volunteers and interns; (v) streamline requirements for all reports to the court; (vi) clarify when procedures should be required for handling nondepartment funds; (vii) incorporate appropriate cross references to statutes, regulations, and guidance documents amended, enacted, or promulgated since the last review; (viii) formalize the process for obtaining a waiver of regulatory provisions; and (ix) amend the duties of court service unit staff in light of legislative changes since 2002.

Since publication of the proposed regulation, the regulation was changed to (i) amend definitions to track language in statutes and other regulations and delete unnecessary definitions; (ii) add the definition of "written" to include electronic writings; (iii) delete conflicting language in 6VAC35-150-335; (iv) reinsert language in regarding reviews of supervision plans to avoid the unintended consequence of possible reduction in reviews; (v) require written notice of a juvenile's release from supervision; (vi) amend 6VAC35-150-450 to track federal code language; (vii) add a retraining requirement for use of restraints in certain programs; and (viii) correct technical and grammatical issues.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

CHAPTER 150
[ STANDARDS REGULATION ] FOR NONRESIDENTIAL SERVICES AVAILABLE TO JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS

Part I
General Provisions

6VAC35-150-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Adult" means a person 18 years of age or older who is not a delinquent child as defined in § 16.1-228 of the Code of Virginia.

"Agency" means any governmental entity of the Commonwealth or any unit of local government including counties, cities, towns, and regional governments and the departments thereof, and including any entity, whether public or private, with which any of the foregoing has entered into a contractual relationship for the provision of services as described in this chapter.

"Alternative day services" or "structured day treatment" means nonresidential programs that provide services, which may include counseling, supervision, recreation, prevocational services, and education, to juveniles at a central facility.

"Approved procedures" means (i) [ standard ] procedures issued by the Department of Juvenile Justice, which apply to all state-operated court service units and which may be voluntarily observed by locally operated court service units; or (ii) variants modifications to the [ standard ] procedures approved by the [ deputy ] director [ of community programs ] or his designee for individual state operated court service units; or (iii) procedures for locally operated court service units approved in accordance with local policies and reviewed by the director or his designee procedures.

"Behavior management" means the planned and systematic use of various techniques selected according to group and individual differences of juveniles and designed to teach awareness of situationally appropriate behavior, strengthen desirable behavior, and reduce or eliminate undesirable behavior those principles and methods employed to help a juvenile achieve positive behavior and to address and correct a juvenile's inappropriate behavior in a constructive and safe manner, in accordance with written procedures governing program expectations, treatment goals, juvenile and staff safety and security, and the juvenile's individual service plan [ . ]

"Board" means the Board of Juvenile Justice.

"Case record" or "record" means written or electronic information regarding one person, an individual and the person's individual's family, if applicable, that is maintained in accordance with approved procedures.

"Counseling" means the planned use of interpersonal relationships to promote behavioral change or social adjustment.

"Counselor" means an individual who provides counseling.

"Court service unit," "CSU," or "unit" means a state or locally operated court service unit established pursuant to §§ 16.1-233 and 16.1-235 of the Code of Virginia.

"Department" means the Department of Juvenile Justice.

"Direct care" means the time during which a resident, who is committed to the department pursuant to §§ 16.1-272, 16.1-285.1, or subdivision A 14 or A 17 of § 16.1-278.8 of the Code of Virginia, is under the supervision of staff in a juvenile correctional center or other juvenile residential facility operated by or under contract with the department.

"Diversion" means the provision of counseling, informal supervision, programs and, or services, or a combination thereof, which is consistent with the protection of the public safety, to youth who can be cared for or treated through alternatives to the juvenile justice system and the welfare of the juvenile as provided for in § 16.1-227 §§ 16.1-227 and 16.1-260 of the Code of Virginia.

"Electronic monitoring" means the use of electronic devices, including, but not limited to, voice recognition and global positioning systems, to verify a person's juvenile's or adult's compliance with certain judicial orders or conditions of release from incarceration, or as an alternative to detention, or as a short-term sanction for noncompliance with rules of probation or parole.

"Human research" means any medical or psychological [ systematic ] investigation designed to develop or contribute to general knowledge by using human subjects who may be exposed to possible physical or psychological injury as a consequence of participation as subjects and which departs from the application of established and accepted methods appropriate to meet the subjects' needs [ using human subjects ] as defined by § 32.1-162.16 of the Code of Virginia and 6VAC35-170. [ Human research shall not include research prohibited by state and federal statutes or regulations or research exempt from federal regulations or mandated by any applicable statutes or regulations. ]

"Individual service plan" means a written plan of action developed, updated as needed, and modified at intervals, to meet the needs of each a juvenile or an adult. It specifies measurable short-term and long-term goals, the methods objectives, strategies, and times time frames for reaching the goals, and the individuals responsible for carrying out the plan.

"Individual supervision plan" means a written plan developed, updated as needed, and modified at intervals to meet the needs of a juvenile or adult. It specifies measurable short-term and long-term goals, the objectives, strategies, and time frames for reaching the goals, and the individuals responsible for carrying out the plan. Individual supervision plans are applicable during probation and parole and for treatment of a juvenile or an adult and the services for the juvenile's family for the time during which a juvenile is committed to the department.

"Intake" means the process for screening complaints and requests alleged to be within the jurisdiction of the juvenile and domestic relations district court pursuant to § 16.1-260 of the Code of Virginia.

"Intake officer" means the probation officer who is authorized to perform the intake function as provided in § 16.1-260 of the Code of Virginia.

"Intensive supervision" means frequent contacts, strict monitoring of behavior, and counseling provided to predispositional or postdispositional youth who are at high risk of committing new offenses.

"Juvenile," "youth" or "child" means a person less than 18 years of age an individual less than 18 years of age, a delinquent child, a child in need of supervision, or a child in need of services as defined in § 16.1-228 of the Code of Virginia. For the purpose of this regulation, "juvenile" includes an individual, regardless of age, who is or has been before the court, who was under the age of 18 at the time of the offense or act, who is under supervision or receiving services from a court service unit or a program under contract with or monitored by the unit, or who is committed to the department.

"Local plan" means a document or set of documents prepared by one or more localities pursuant to § 16.1-309 3 D of the Code of Virginia, describing a range of community-based sanctions and services addressing individual juvenile offenders' needs and local juvenile crime trends.

"Mechanical restraint" means equipment used to physically restrain or control a person's behavior, such as handcuffs, shackles or straightjackets the use of a mechanical device that involuntarily restricts the freedom of movement or voluntary functioning of a limb or portion of a person's body as a means to control physical activity when the individual being restricted does not have the ability to remove the device.

[ "Nonresidential services" means community-based services that are not part of a residential program, including those provided by a residential program to nonresidents. ]

"Outreach detention" means intensive supervision, which includes frequent contacts, strict monitoring of behavior, and case management, if applicable, of youth who might otherwise be a juvenile as an alternative to placement in secure detention or shelter care.

"Parole" means supervision of an individual a juvenile released from commitment to the department as provided for by § 16.1-293 §§ 16.1-285, 16.1-285.1, and 16.1-285.2 of the Code of Virginia.

"Physical restraint" means the application of [ approved behavior intervention ] techniques by trained program staff to control the actions of juveniles by means of physical contact that involves a physical intervention [ or a "hands-on" hold ] to prevent the individual from moving [ his that individual's ] body [ when that individual's behavior places him or others at imminent risk ].

"Probation" means a court-ordered disposition placing an individual [ placement disposition ] of a juvenile or an adult [ under the supervision of a probation officer as provided by §§ 16.1-278.5 B 2, 16.1-278.8 A 5, 16.1-278.8 A 7, and 16.1-278.8 A 7 a ].

[ "Program" or "service" means the planned application of staff and resources to achieve the stated mission for working with juveniles and, if applicable, their families identified in Article 12.1 (§ 16.1-309.2 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia. ]

"Provider" means an agency, organization or association that runs a program or service a person, corporation, partnership, association, organization, or public agency that is legally responsible for compliance with regulatory and statutory requirements relating to the provision of services or the functioning of a program.

"Shall" means an obligation to act is imposed.

"Substance abuse assessment and testing" means a qualified professional's assessment and evaluation of the nature of, and the factors that contribute to, individual or family problems associated with substance abuse, and recommendations for treatment and related services.

"Supervision" means visiting or making other contact with, or providing treatment, rehabilitation, or services to a juvenile as required by the court or, by an intake officer, or for [ probation or ] parole purposes.

"Supervision plan" means a written plan of action, updated as needed, to provide supervision and treatment for a specific individual. It specifies needs, goals, methods, time frames, and who is responsible for each step. A single supervision plan may include, as appropriate, specific plans for supervision during probation and parole, and for treatment of a youth and services for the youth's family during commitment.

"Surveillance officer" means a person, other than a probation or parole officer, who makes contact with a juvenile under supervision to verify the juvenile's presence at work, school, home, etc. A surveillance officer may be an employee of a court service unit or other service provider, or a properly trained and supervised volunteer.

"Tamper" means any accidental or purposeful alteration to electronic monitoring equipment that interferes with or weakens the monitoring system.

"Time-out" means a systematic behavior management technique [ program component ] designed to reduce or eliminate inappropriate [ or problematic ] behavior by [ temporarily removing a juvenile from contact with people or other reinforcing stimuli having staff require a juvenile to move to a specific location that is away from the source of reinforcement for a specific period of time or until the problem behavior has subsided ].

"Unit" or "CSU" means court service unit.

"Variance" means a board action that relieves a program from having to meet or develop a plan of action for the requirements of a section or subsection of this chapter.

"Volunteer" or "intern" means any individual or group who of their own free will and without any financial gain provides [ goods or ] services to the program without [ competitive ] compensation.

[ "Written" means the required information is communicated in writing. Such writing may be available in either hard copy or in electronic form. ]

6VAC35-150-20. Previously adopted regulations superseded. (Repealed.)

These Standards for Nonresidential Services Available to Juvenile and Domestic Relations District Courts supersede:

1. 6VAC35-80-10 et seq., Holdover Standards, issued by the Board of Youth and Family Services, September 9, 1992;

2. 6VAC35-110-10 et seq., Minimum Standards for Court Services in Juvenile and Domestic Relations District Courts, issued by the Board of Corrections January 12, 1983, and adopted by the Board of Youth and Family Services July 12, 1990; and

3. 6VAC35-130-10 et seq., Standards for Outreach Detention, adopted by the State Board of Corrections on June 9, 1981, revised on March 3, 1983, and adopted by the State Board of Youth and Family Services in 1990.

6VAC35-150-30. Applicability.

A. Parts I (6VAC35-150-10 et seq.) and II (6VAC35-150-55 et seq.) of this chapter apply to all court service units CSUs for juvenile and domestic relations district courts.

B. Parts I (6VAC35-150-10 et seq.) and III (6VAC35-150-425 et seq.) of this chapter apply to nonresidential programs [ and services ] (i) for which the CSU contracts or (ii) to which the CSU refers juveniles who are before the court or before an intake officer, including programs and services are included in a local "Virginia Juvenile Community Crime Control Act" plan. 6VAC35-150-600, 6VAC35-150-610 and Articles 3 (6VAC35-150-620 et seq.) and 4 (6VAC35-150-700 et seq.) of

C. Part III of this chapter also apply applies to those applicable programs and services that are operated by the court service unit or contracted with a CSU.

6VAC35-150-35. Establishment of policy. (Repealed.)

The standards embodied in this regulation pursuant to § 16.1-233 C of the Code of Virginia also establish, individually and collectively, "programmatic and fiscal policies" that the board is directed to develop pursuant to § 66-10 of the Code of Virginia. Nothing in this regulation shall be construed to limit the board's authority to establish additional or separate programmatic and fiscal policies for court service units or other nonresidential programs in accordance with § 66-10 of the Code of Virginia.

6VAC35-150-40. Outcome-based and performance-based standards authorized Variances.

The board may, in its discretion on a case-by-case basis and for a specified time, exempt individual units or programs from specific standards set out in this chapter and authorize the unit or program to implement on an experimental basis one or more substitute standards that measure performance or outcomes. A variance may be requested by a program administrator or service provider when conditions exist where the program or service provider is not able to comply with a section or subsection of this chapter. Any such request must meet the criteria and comply with the procedural requirements provided in [ 6VAC35-20-92 the Regulations Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs, 6VAC35-20, and in accordance with approved procedures ].

6VAC35-150-50. Licensure by other agencies.

A current license or certificate issued by the Commonwealth shall be accepted as evidence of a program's compliance with one or more specific standards of this chapter when the requirements for licensure or certification are substantially the same as, or exceed, the requirements set out in the standards this chapter.

Part II
Operating Standards for Court Service Units

Article 1
Administration

6VAC35-150-55. Probation officers' caseload. (Repealed.)

The caseload for probation officers in the unit shall be determined in accordance with approved procedures, taking into account the relative weight of cases based on the frequency and intensity of contacts indicated by an assessment of the juvenile's risk of reoffending, case complexity, and other factors.

Part II
Operating Standards for Court Service Units

Article 1
Administration

6VAC35-150-60. Organizational structure.

There shall be a written description and organizational chart of the unit showing current lines of authority, responsibility, and accountability, including the unit director's reporting responsibility.

6VAC35-150-62. Suitable quarters.

A. The CSU director annually shall review the unit's needs for suitable quarters, [ utitilies utilities ], and furnishings and shall request from the appropriate governing body the resources to meet these needs.

B. Intake, probation, and parole officers shall have access to private office space.

6VAC35-150-64. Prohibited financial transactions.

The unit shall not collect or disburse support payments, fines, restitution, court fees, or court costs.

6VAC35-150-66. Procedures for handling funds.

The unit director shall establish written procedures for handling any ongoing unit employee fund established and maintained by the employees that is derived from employee contributions, the operation of vending machines, special fundraising projects, or other employee canteen services, that utilizes the name of the unit or the department, or that the unit approves the obtaining of or obtains a tax identification number for such funds. Any such funds are not state funds and shall not be commingled in any way with state funds. The department's tax identification number shall not be used for such funds.

6VAC35-150-70. Court service unit director and staff. (Repealed.)

A. For every employee and volunteer in the unit there shall be a current position description indicating the minimum qualifications required and the incumbent's duties and responsibilities.

B. Unless otherwise provided by local or state policy, a performance plan and a performance evaluation shall be completed annually for each employee in accordance with approved procedures.

C. The Court Service Unit Director shall provide financial, managerial and programmatic reports as required by department and local policy.

6VAC35-150-80. Background checks.

All new unit employees and auxiliary personnel, including volunteers, shall undergo a preemployment check of references; criminal history checks with the automated Virginia Criminal Information Network (VCIN), the National Criminal Information Center (NCIC), and the Department of Motor Vehicles (DMV); and fingerprint checks by the State Police and the FBI; those who have direct contact with youth shall also undergo a child protective services registry check.

A. Except as provided in subsection C of this section, all persons who (i) accept a position of employment, (ii) volunteer on a regular basis [ or are interns ] and will be alone with a juvenile in the performance of their duties, or (iii) provide contractual services directly to a juvenile on a regular basis and will be alone with a juvenile in the performance of their duties in a CSU, or as required by 6VAC35-150-430 C, shall undergo the following background checks to ascertain whether there are criminal acts or other circumstances that would be detrimental to the safety of juveniles:

1. A reference check;

[ 2. A criminal history record check; ]

[ 2. 3. ] A fingerprint check with (i) the Virginia State Police (VSP) and (ii) the Federal Bureau of Investigation (FBI);

[ 3. 4. ] A central registry check with Child Protective Services (CPS); and

[ 4. 5. ] A driving record check, if applicable to the individual's job duties.

B. To minimize vacancy time when the [ FBI ] fingerprint [ check has checks required by subdivision 3 of this subsection have ] been requested, unit staff may be hired pending the results of the [ FBI ] fingerprint checks, provided:

1. All of the other applicable components of subsection A of this section have been completed;

2. The applicant is given written notice that continued employment is contingent on the [ FBI ] fingerprint check results [ , as required by subdivision A 3 of this section ]; and

3. Staff hired under this exception shall not be allowed to be alone with juveniles and may work with juveniles only when under the direct supervision of staff whose background checks have been completed until such time as all background checks are completed.

C. The unit, program, or service provider shall have procedures for supervising nonstaff persons [ , who are not subject to the provisions of subsection A of this section, ] who have contact with [ residents juveniles ].

D. Subsection A of this section shall apply to programs to which the CSU refers juveniles who are before the court or before an intake officer, including, but not limited to, programs included in a local Virginia Juvenile Community Crime Control Act plan. When an agency or program refers juveniles to other service providers, excluding community service programs and licensed professionals or programs licensed or regulated by other state agencies, the referring agency shall require the service provider to document that all persons who provide services or supervision through substantial one-on-one contact with juveniles have undergone a background check as required in subsection A of this section.

6VAC35-150-90. Training.

A. All employees [ , and ] volunteers [ , and interns ] shall receive documented orientation and annual training appropriate to their duties and to address any needs identified by the individual and the supervisor.

B. All full-time employees who provide direct services to juveniles and their families shall receive 40 hours of juvenile justice-related training annually on-going training and development appropriate to their duties and to address any needs identified by the individual and the supervisor, if applicable.

C. All clerical staff shall receive at least 20 hours of training annually to upgrade skills.

6VAC35-150-100. Personnel policies and operating procedures.

All staff shall have access to policies and approved procedures governing:

1. Recruitment and selection;

2. Grievance and appeal;

3. Confidential individual employee personnel records;

4. Discipline;

5. Equal employment opportunity;

6. Leave and benefits;

7. Resignations and terminations;

8. Orientation;

9. Promotion;

10. Probationary period; and

11. Competitive salary.

6VAC35-150-110. Volunteers [ and interns ].

A. For every volunteer [ and intern ], the unit shall maintain a current description of duties and responsibilities and a list of the minimum required qualifications;

B. Volunteers [ and interns ] shall comply with all applicable regulations, policies, and approved procedures;

B. C. One or more designated persons shall coordinate volunteer services [ and internships ]; and

C. D. Volunteers [ and interns ] shall be registered with the department [ for liability insurance purposes ].

6VAC35-150-130. Research.

A. Youth Juveniles shall not be used as subjects of human research, except when approved procedures permit human research as provided in 6VAC35-170 and in accord with Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 of the Code of Virginia.

B. The testing of medicines or drugs for experimentation or research is prohibited.

6VAC35-150-140. Records management.

A. Case records shall be indexed and kept up to date and uniform uniformly in content and arrangement in accordance with approved procedures.

B. Juvenile case Case records shall be kept in a secure location accessible only to authorized staff.

C. All case records shall be maintained and disposed of in accordance with The Library of Virginia regulations and record retention schedules, and with approved procedures.

D. Any disclosure or release of information shall be in accordance with the Code of Virginia and applicable federal statutes and regulations (i.e., 42 CFR Part 2, Confidentiality of Alcohol and Drug Abuse Patient Records) and approved procedures.

E. The case records of youth placed in any postdispositional residential care shall contain:

1. Social history;

2. Order or agreement concerning the placement;

3. Dates of acceptance and placement;

4. Reason for placement;

5. Financial and tuition arrangements, if appropriate; and

6. Supervision and visitation agreements.

6VAC35-150-150. Reports for the court. (Repealed.)

All reports prepared for the court shall be prepared and reviewed in accordance with approved procedures and, except for transfer reports and addenda to previously submitted reports, shall contain the following identifying information:

1. Full name of subject;

2. Social Security Number;

3. Address;

4. Race;

5. Date of birth (must be verified);

6. Sex;

7. Parents or guardians (for juveniles only);

8. Author; and

9. Date of report.

6VAC35-150-160. Social history. (Repealed.)

A. A social history shall be prepared for each juvenile placed on probation supervision with the court service unit or committed to the department within timelines established by approved procedures.

B. A current social history shall be prepared upon written request from other units when accompanied by a court order. An existing social history that is not more than 12 months old may be used provided an addendum is prepared updating all changed information.

C. Social history reports shall be in written form and include at least the following information:

1. Identifying information as listed in 6VAC35-150-150.

2. Court history -- specific description of past, present and pending petitions and dispositions.

3. Police or prosecutor's version of the instant offense, when available, for all juveniles who are committed to the department.

4. Victim impact information, when ordered by the court.

5. An accurate and up-to-date offense history.

6. Previous contacts with the unit, including diversion and informal resolution at intake, and known contacts with other agencies or treatment services in the community.

7. Subject: physical description; behavioral description; medical, educational, psychological information (as applicable); educational and other known handicaps or disabilities (if applicable); peer relationships, including gang affiliation; response to authority; employment status; and whether the subject has a driver's license.

8. Family: parents/custodians/guardians -- ages, marital status, court record, employment status, economic status, level of education, health, interpersonal relationships. Siblings -- ages, court record, level of education.

9. Home and neighborhood: Physical description of home and neighborhood, family's and officer's view of neighborhood impact on subject, and length of residence.

10. Assessment of the subject's strengths and weaknesses and, if applicable, the subject's family.

11. Recommendations may be included if permitted by the court.

D. Adults' social history reports, if ordered by the court, may be in a modified format as provided for in procedures approved by the court service unit director after consultation with the judge or judges of the court.

6VAC35-150-165. Custody investigations. (Repealed.)

If the unit performs custody investigations upon order of the court, such investigations shall be completed in conformance with "Guidelines for Custody Investigations" (1995) jointly promulgated by the State Board of Juvenile Justice and the State Board of Social Services.

Article 2
Budget and Finance

6VAC35-150-175. Suitable quarters. (Repealed.)

A. The CSU director annually shall review the unit's needs for suitable quarters, utilities and furnishings and request from the appropriate governing body the resources to meet these needs.

B. Intake, probation and parole officers shall have access to private office space so equipped that conversations may not be overheard from outside the office.

6VAC35-150-180. Prohibited financial transactions. (Repealed.)

The unit shall not collect or disburse support payments, fines, or restitution.

6VAC35-150-190. Procedures for handling funds. (Repealed.)

The court service unit director shall establish written policies, procedures and practice for handling funds within the unit. All court service units shall adhere to all Commonwealth of Virginia purchasing and fiscal requirements when expending state funds.

Article 3 2
Security and Safety

6VAC35-150-200. [ Security and emergency safety Safety and security ] procedures.

In accordance with approved procedures, the unit shall implement:

1. Safety and security precautions for the office environment, to include at least fire, bomb threat, hostage and medical emergency situations; and

2. Safety and security precautions for staff making field visits to juveniles and their families.

1. Safety and security [ precautions practices ] for the office environment to include at least fire, bomb threat, natural disasters, and hostage and medical emergency situations;

2. Safety and security [ precautions practices ] for staff making field visits to juveniles and their families; and

3. Training on appropriate crisis prevention and intervention techniques for the office and the field that staff may use to [ manage respond to ] behavior that poses a risk to the safety of themselves or others.

6VAC35-150-210. Physical force.

A. Physical force shall be used only to protect self or others as a last resort and shall never be used as punishment [ or with the intent to inflict injury ]. Staff shall use only the minimum force deemed reasonable and necessary to eliminate the imminent risk to the safety of themselves or others.

B. Each use of physical force shall be reported in writing to the CSU director, who shall ensure that all reportable incidents are further reported in accordance with the department's policies procedures for reporting serious incidents.

6VAC35-150-220. Searches of youth.

Searches of individuals an individual's person and immediate area may be conducted only in accordance with approved procedures and only by, with all applicable state and federal statutes and regulations, and with the Virginia and United States constitutions. Only staff who have received training approved by the department shall conduct searches.

6VAC35-150-230. Weapons.

A. A probation officer may obtain authorization to carry a weapon as provided by § 16.1-237 of the Code of Virginia only in accordance with approved procedures that require at least: (i) firearms safety training, (ii) a psychological or mental health assessment, and (iii) approval by the court service unit CSU director, and (iv) approval by the unit director's supervisor.

B. All court service unit CSU staff authorized to carry weapons shall have received training approved by the department regarding and retraining, in accordance with approved procedures, which shall include the limited circumstances when weapons may be carried and used as required by law and liability insurance coverage.

6VAC35-150-240. Arrest of youth juvenile by staff.

Probation officers shall exercise their arrest powers only in accordance with approved procedures.

6VAC35-150-250. Absconders.

Unit staff shall cooperate with department personnel and state and local law-enforcement authorities to help locate and recover juveniles who fail to report for violate the conditions of their probation or parole supervision and upon whom a detention order has been issued or who escape or run away from a juvenile correctional center, detention home, or other juvenile placement.

6VAC35-150-260. Transportation of detained juveniles.

[ A. ] Detained juveniles shall be transported in accord with "Guidelines for Transporting Juveniles in Detention" (June 13, 1991) (September 2004) issued by the board in accord with § 16.1-254 of the Code of Virginia.

B. When the CSU is responsible for the transportation of youth to special placements, staff shall make transportation arrangements appropriate to the security risk posed by the juvenile.

C. [ B. Routine transportation of juveniles in postdispositional detention shall be the responsibility of the parents or guardians or the program providing service to the juvenile. ]

Article 4 3
Intake

6VAC35-150-270. Intake duties.

A. When making an intake determination as provided for by the § 16.1-260 of the Code of Virginia, whether in person or by telephone or interactive video conferencing, the intake officer shall, in accordance with approved procedures:

1. Explain the steps and options in the intake process to each person present, including their constitutional and statutory rights as provided for in approved procedures;

2. Make all required data entries into the department's Juvenile Tracking System electronic data collection system in accordance with § 16.1-224 of the Code of Virginia and approved procedures;

3. Consult with available parents, guardians, legal custodian, or other person standing in loco parentis to determine the appropriate placement [ , unless a court has ordered detention ]; and

4. Notify the juvenile's parents, guardians, legal custodian, or other person standing in loco parentis in cases involving the juvenile's detention.

B. When making a detention decision pursuant to § 16.1-248.1 of the Code of Virginia and when making recommendations to the court at a detention hearing pursuant to § 16.1-250 of the Code of Virginia, court service unit CSU personnel shall make use of the uniform risk assessment instrument and related procedure mandated by Chapter 648 of the 2002 Acts of Assembly.

C. When the chief judge in a jurisdiction requests the provision of a replacement intake officer pursuant to § 16.1-235.1 of the Code of Virginia, the CSU shall enter into a written agreement with the requesting court that shall address, at a minimum, the scope of the intake duties, the location where intake cases will be processed, and the protocol for arranging any required face-to-face contact between the intake officer and juvenile.

6VAC35-150-280. Medical and psychiatric emergencies at intake.

If during the intake interview, the intake officer suspects that the youth juvenile requires emergency medical or psychiatric care, the intake officer shall:

1. Immediately contact the youth's juvenile's parents or legal guardians to advise them of the emergency and any responsibilities they may have; and

2. Before placing a youth juvenile in a more restrictive setting, the intake officer shall arrange for the youth juvenile to receive the needed emergency care.

6VAC35-150-290. Intake communication with detention.

When CSU staff facilitate the placement of a juvenile in detention process, they shall: 1. Query the Juvenile Tracking System to ascertain all pertinent information on the juvenile who is being detained, and complete the Juvenile Alert Screen on the Juvenile Tracking System; and 2. Give give detention staff, by telephone or, in writing, or by entry into the Juvenile Tracking System electronic means, no later than the time the juvenile arrives at the detention facility, the reason for detention and the instant offenses, and for which the juvenile is being detained including any ancillary offenses. CSU staff shall also give detention staff the following information when available and applicable: medical information; parents' or guardians' names, addresses and phone numbers; prior record as regards sexual offenses, violence against persons, or arson; suicide attempts or self-injurious behaviors; and gang membership and affiliation; and any other information as required by approved procedure.

Article 5 4
Out-of-Home Placements

6VAC35-150-300. Predispostionally placed youth juvenile.

A. In accordance with approved procedures, a representative of the court service unit CSU shall make contact, either face-to-face or via videoconferencing, with each youth juvenile placed in predispositional detention, jail, or shelter care pursuant to § 16.1-248.1 of the Code of Virginia, within five days of the placement [ and. A representative of the CSU ] shall make contact with the youth juvenile at least once every 10 days thereafter, [ . Such contact shall be ] either face-to-face or by telephone or videoconferencing [ and. All such contacts ] shall include direct communication between the CSU staff and the juvenile.

B. The case of each predispositionally placed youth juvenile shall be reviewed at least every 10 days in accordance with approved procedures to determine whether there has been a material change sufficient to warrant recommending a change in placement.

C. When the unit has placed or is the placing agency and is supervising a youth juvenile in a residential facility, designated staff of the court service unit CSU shall be available to the facility's staff 24 hours a day in case of emergency.

6VAC35-150-310. Postdispositional detention.

A. When a court orders a juvenile to be detained postdispositionally for more than 30 days pursuant to subsection B of § 16.1-284.1 of the Code of Virginia, the court service unit CSU [ staff ] shall develop a written plan with the facility to enable such youth juvenile to take part in one or more community treatment programs appropriate for their that juvenile's rehabilitation, which may be provided at the facility or while the juvenile is on temporary release status, as determined by their that juvenile's risk to public safety and other relevant factors. The court service unit CSU shall provide a copy of the juvenile's social history to the postdispositional detention program upon request.

B. The case record of a juvenile placed in a postdispositional detention program pursuant to subsection B of § [ 16.1-284.4 16.1-284.1 ] of the Code of Virginia shall contain:

1. Social history;

2. Court order;

3. Reason for placement; and

4. Current supervision plan, if applicable.

6VAC35-150-320. Notice of youth's juvenile's transfer.

When court service unit CSU staff have knowledge that a youth juvenile has been moved from one residential facility or program to another residential facility and do not have knowledge that the juvenile's parents or legal guardians have been advised of the transfer, they CSU staff shall notify the youth's juvenile's parents or legal guardians within 24 hours and shall document the notification in the youth's juvenile's case record.

6VAC35-150-330. Removal of youth from home. (Repealed.)

When considering whether to remove a youth from his home for any reason other than to detain the youth, the youth's parents or guardians, if available, shall be included in making that decision.

Article 6 5
Probation, Parole, and Other Supervision

6VAC35-150-335. Informal supervision Diversion.

A. When unit personnel are supervising a juvenile in the absence of a court order, an intake officer proceeds with diversion in accordance with subsection B of § 16.1-260 of the Code of Virginia, such supervision shall not exceed 90 120 days. Court service unit personnel shall not supervise any person absent a court order except as provided for in approved procedures. For a juvenile alleged to be a truant pursuant to a complaint filed in accordance with § 22.1-258 of the Code of Virginia, such supervision shall be limited to 90 days.

B. When a new complaint is filed against a juvenile who is currently under supervision in accordance with subsection A of this section, and the juvenile qualifies for diversion in accordance with subsection B of § 16.1-260 of the Code of Virginia, then the intake officer may proceed with diversion for an additional 120 days from the date of the subsequent complaint.

[ C. When a case is diverted by referring a juvenile for services to another public or private agency, informal supervision shall not continue beyond the delivery of such services unless approved by the director or designee.

D. C. ] In no case shall a petition be filed by the CSU based on acts or offenses in the original complaint after 120 days from the date of the initial referral on the original complaint.

6VAC35-150-336. Social histories.

A. A social history shall be prepared in accordance with approved procedures (i) when ordered by the court, (ii) for each juvenile placed on probation supervision with the unit, (iii) for each juvenile committed to the department, [ or ] (iv) [ for each juvenile placed in a postdispositional detention program for more than 30 days pursuant to § 16.1-284.1 of the Code of Virginia, or (v) ] upon written request from another unit when accompanied by a court order. Social history reports shall include the following information:

1. Identifying and demographic information on the juvenile;

2. Current offense and prior court involvement;

3. Social, medical, psychological, and educational information about the juvenile;

4. Information about the family; and

5. Dispositional recommendations, if permitted by the court.

B. An existing social history that is less than 12 months old may be used provided an addendum is prepared updating all changed information. A new social history shall be prepared as required in subsection A of this section or when ordered by the court if the existing social history is more than 12 months old.

C. Social history reports on adults may be modified as provided for in procedures approved by the CSU director after consultation with the judge or judges of the court.

6VAC35-150-340. Beginning supervision.

Within the timeframes established by approved procedures for beginning supervision, a probation or parole officer shall:

1. See the subject juvenile face-to-face;

2. Give the subject juvenile the written rules of supervision, including any special conditions, and explain these to the subject juvenile and, when appropriate, to the subject's juvenile's parents or guardians; and

3. Document these actions in the case record.

6VAC35-150-350. Supervision plans for juveniles.

A. To provide for the public safety and address the needs of subjects a juvenile and their families that juvenile's family, subjects a juvenile shall be supervised according to a written individual supervision plan, developed in accordance with approved procedures and timeframes, that describes the range and nature of field and office contact with the subject juvenile, with the parents or guardians of a the juvenile subject, and with other agencies or providers providing treatment or services.

B. When the youth resides in or is expected to return to the family home, the probation officer shall, in accordance with approved procedures, develop and implement a family involvement plan.

C. When the youth is in direct state care, the probation officer shall, in accordance with approved procedures and 6VAC35-150-420, send a report on the family's progress toward planned goals to the facility at which the juvenile is housed.

D. At least 60 days prior to a juvenile's anticipated release from commitment, a written parole supervision plan shall be prepared in accordance with approved procedures.

E. A supervision plan for parole shall be prepared for all judicial review hearings for serious juvenile offenders as required by law and in accordance with approved procedures.

F. If the court has not ordered specific conditions of supervision, a supervision plan for an adult probation subject shall be prepared within 30 days after disposition, after consulting with the adult and, if appropriate, his family.

G. At least once every 90 days, in B. In accordance with approved procedures, each written individual supervision plan [ or family involvement plan ] shall be (i) reviewed [ (i) ] with the subject individual or juvenile [ , and ] the juvenile's family, and (ii) reviewed by [ (ii) by ] a supervisor from both a treatment and a case management perspective to confirm the appropriateness of the plan.

6VAC35-150-355. Supervision of juvenile on electronic monitoring.

When a unit places a juvenile in an electronic monitoring program, use of the program shall be governed by approved procedures that shall provide for criteria for placement in the program, parental involvement, required contacts, consequences for tampering [ with ] and violating program requirements, and time limits.

6VAC35-150-365. Supervision of adult on probation.

For an adult convicted of a criminal act for which the juvenile court retained jurisdiction pursuant to § 16.1-241 of the Code of Virginia and the juvenile court [ did does ] not order specific conditions of supervision, a supervision plan for the adult probationer shall be prepared within 30 days of the disposition. The adult and that adult's family, if appropriate, must be consulted in development of the supervision plan.

6VAC35-150-370. Placements in the community. (Repealed.)

When the unit (i) is supervising and (ii) has placed a subject in a community facility or program, unit staff shall advise the facility or program of the subject's service needs and shall maintain contact with the subject and the facility or program staff in accordance with the supervision plan.

6VAC35-150-380. Violation of probation or parole.

When a subject probationer or parolee violates the conditions of the individual's probation or parole, unit personnel shall take action in accordance with approved procedures.

6VAC35-150-390. Transfer of case supervision to another unit.

A. When a subject's the legal residence of an individual under the supervision of a CSU is not within the jurisdiction of the original court service unit CSU, the supervision cases of the case may be transferred to another unit providing similar services in Virginia in accordance with § 16.1-295 of the Code of Virginia and approved procedures.

B. [ The director of the department may make provision for the transfer of a juvenile placed on probation in this Commonwealth When transferring or receiving supervision of a juvenile on probation or parole ] to [ or from ] another state [ to be placed on probation under the terms CSU staff shall do so in accordance with the Interstate Compact Relating to Juveniles, ] Article 14 (§ 16.1-323 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia.

6VAC35-150-400. Notice of release from supervision.

Notice of release from supervision shall be given [ in writing ] to subjects the individual under the supervision of a CSU and to the parents or guardians of juvenile subjects and juveniles. Such notification shall be appropriately documented in the case record in accordance with approved procedures.

Article 7 6
Juvenile in Direct Care

6VAC35-150-410. Commitment information.

A. When a youth is transferred into direct state care, the following items either accompany or precede the youth to the reception and diagnostic center: the order of commitment, copies of clinical reports, predisposition studies, record of immunizations when available, and any other juvenile is committed to the department, the juvenile may not be transported to the Reception and Diagnostic Center (RDC) until (i) the items and information required by the Code of Virginia, department policy, or and approved procedures have been received by RDC and (ii) the case is accepted by RDC.

B. If a juvenile is transferred transported to the department directly from the court, in addition to ensuring the immediate delivery of the items required in subsection A of this section, unit staff shall immediately notify the reception and diagnostic center RDC by telephone of the youth's juvenile's impending arrival.

6VAC35-150-415. Supervision of juvenile in direct care.

[ A. When a juvenile is For a juvenile ] placed in direct care, the probation or parole officer shall, in accordance with approved procedures, do the following:

1. Develop and implement a family involvement plan.

[ 2. Develop a parole supervision plan.

a. For a juvenile indeterminately committed to the department pursuant to §§ 16.1-272 and 16.1-278.8 A 14 of the Code of Virginia, CSU staff shall complete a parole supervision plan in accordance with approved procedure.

b. For a juvenile determinately committed to the department pursuant to §§ 16.1-272, 16.1-278.8 A 17, or 16.1-285.1 of the Code of Virginia, a parole supervision plan shall be prepared for all serious offender judicial review hearings as required by law and in accordance with approved procedures. ]

[ 2. 3. ] Send a report on the family's progress toward planned goals [ of the family involvement plan ] to the facility at which the juvenile is housed.

[ B. Upon written notice of a juvenile's release from an indeterminate commitment, a written parole supervision plan shall be completed within 30 days of the date of notification. A juvenile who has been indeterminately committed shall not be accepted for parole supervision without a completed parole supervision plan, except as approved by the director of his designee.

C. A supervision plan for parole shall be prepared for all judicial review hearings for serious juvenile offenders as required by law and in accordance with approved procedures. ]

6VAC35-150-420. Contacts during youth's juvenile's commitment.

During the period of a youth's juvenile's commitment, a designated staff person shall make contact with the committed youth juvenile, the youth's juvenile's parents, guardians, or other custodians, and the treatment staff at the youth's juvenile's direct care placement as required by approved procedures. The procedures shall specify when such contact must be in-person face-to-face contact and when contacts contacts may be made by video conferencing or by telephone.

Part III
Standards for Programs [ and Services ]

Article 1
General Requirements of Programs and Services

6VAC35-150-425. Applicability [ of Part III ].

A. The following standards apply This part applies to programs and services (i) for which the department or CSU contracts or (ii) to which the CSU refers juveniles who are before the court or before an intake officer, including but not limited to programs and services included in a local which provides programs and services through a local Virginia Juvenile Community Crime Control Act plan pursuant to § 16.1-309.3 of the Code of Virginia.

[ B. Alternative day treatment and structured day programs are subject to the provisions in Article 1 and Article 2 of this part. ] The standards provisions for alternative day treatment and structured day programs, electronic monitoring, surveillance officers, and substance abuse and testing services in Article 2 (6VAC35-150-615 et seq.) of this part also apply to those programs and services that are operated by the court service unit a CSU.

[ B. C. ] Each program or service provider shall be responsible for adopting written procedures necessary to implement and for compliance with all applicable requirements of 6VAC35-150-430 through [ 6VAC35-140-740 6VAC35-150-740 ].

6VAC35-150-427. Written policies and procedures required. (Repealed.)

Each program shall be responsible for adopting written policies and procedures necessary to implement all applicable requirements of 6VAC35-150-430 through 6VAC35-140-740.

6VAC35-150-430. Written statements required Program [ and service provider ] requirements.

A. Each nonresidential program or service [ and service provider ] shall have a written statement of its:

1. Purpose;

2. Population served;

3. Criteria for admission;

4. Criteria for measuring a juvenile's progress;

2. 5. Supervision and or treatment objectives, including criteria for admission and for measuring a juvenile's progress;

6. Intake and acceptance procedures, including whether a social history or diagnostic testing is required;

3. 7. General rules of juvenile conduct and the behavior management system with specific expectations for behavior and appropriate incentives and sanctions, which shall be made available to juveniles and parents upon acceptance into the program;

4. 8. Criteria and procedures for terminating services, including terminations prior to the juvenile's successful completion of the program;

5. 9. Methods and criteria for evaluating program [ or service ] effectiveness;

6. 10. Drug-free workplace policy; and

7. Policy 11. Procedures regarding contacts with the news media.

B. The department administration shall be notified in writing of any plan to change any of the elements listed in subsection A of this section.

C. Each program [ or service provider ] shall conduct background checks in accordance with 6VAC35-150-80, or ensure that such background checks are conducted, on all individuals who provide services to juveniles under the contract as required by subsection A of 6VAC35-150-80;

D. Those programs [ and service providers ] providing crisis intervention services, including, but not limited to, outreach detention, mental health counseling or treatment, and home-based counseling services, shall provide for responding 24 hours a day to a juvenile's crisis and shall provide notification to all juveniles in writing on how to access these services at any time.

6VAC35-150-435. Contracted services.

A. When a program contracts for services with public or private providers, it shall follow written procedures that govern the recruitment, screening and selection of providers.

B. Contracts with public or private sector service providers shall identify the case coordinator.

C. Designated program staff shall monitor the delivery of services under the terms of the contract.

D. Contracts with public or private service providers shall require the provider to:

1. Develop a plan for the scope of services to the individuals served;

2. Document receipt of the referral, services provided, and termination of services;

3. Make available to the purchasing agency all information specified in the contract;

4. Conduct the records checks required by 6VAC35-150-440 on all staff who provide services to individuals under the contract;

5. Participate in program evaluation as required by the Department of Juvenile Justice; and

6. Provide appropriate evidence of fiscal accountability and responsibility.

E. The standard of services provided by contractual and subcontractual vendors shall not be less than those required by this chapter.

6VAC35-150-440. Employee and volunteer background check. (Repealed.)

A. An agency or program that provides direct services or supervision to juveniles shall conduct the following background checks on all employees and volunteers who provide such direct service or supervision to ascertain whether there are criminal acts or other circumstances that would be detrimental to the safety of juveniles in the program:

1. A reference check;

2. A fingerprint check with the Virginia State Police and FBI if the State Police determine that the requesting agency is a qualified entity, or a criminal history request or a noncriminal justice interface with the Virginia State Police if the State Police determine that the requesting agency is not a qualified entity to receive fingerprint-based criminal information;

3. A central registry check with Child Protective Services; and

4. A driving record check if applicable to the individual's job duties.

The requirements of this subsection do not apply to programs that merely supervise juveniles in community service, nor to persons licensed by the Commonwealth of Virginia who are providing professional services to juveniles within the scope of such license.

B. When an agency or program refers juveniles to other service providers, excluding community service programs and licensed professionals in private practice, the referring agency shall require the service provider to document that all persons who provide services or supervision through substantial one-on-one contact with juveniles have undergone a background check as required in subsection A of this section.

C. An agency that refers juveniles to a licensed professional in private practice shall check with the appropriate licensing authority's Internet web page or by other appropriate means to ascertain whether there are notations of criminal acts or other circumstances that would be detrimental to the safety of juveniles.

6VAC35-150-450. Limitation of contact with juveniles.

When there are indications that an individual who is providing programs or services has a physical, mental or emotional condition that might [ may jeopardize the health or safety of the juveniles poses a direct threat to the health and safety of a juvenile, others at the program, or the public ], the program administrator [ , ] or department personnel may shall immediately require that the individual be removed from contact with juveniles until the situation is abated or resolved.

6VAC35-150-460. Personnel qualifications [ for program and service providers ].

A. Staff and volunteers Program staff [ and service providers ] shall be qualified and trained for the positions and duties have a job description stating qualifications and duties for the position to which they are assigned.

B. Staff and volunteers who provide professional services shall be appropriately licensed or certified or be supervised by an appropriately licensed or certified person as required by law applicable statutes and regulations.

6VAC35-150-470. Medical emergencies.

The program or service provider shall have written policy, procedure and practice procedures to deal with medical emergencies that might may occur while a juvenile is in attendance at the program.

6VAC35-150-480. Financial record requirements [ for program and service providers ].

All programs and services service providers shall:

1. Manage their finances in accordance with [ acceptable generally accepted ] accounting [ procedures principles ];

2. Certify that all funds were handled in accord with the applicable Virginia Juvenile Community Crime Control Act plan, contract, or other agreement; and

3. Be subject to independent audit or examination by department personnel at the department's discretion.

6VAC35-150-490. Juveniles' rights.

A. Juveniles shall not be excluded from a program nor be denied access to services on the basis of race, ethnicity, national origin, color, creed religion, gender sex, physical handicap disability, or sexual orientation.

B. Juveniles shall not be subjected to:

1. Deprivation of drinking water or food necessary to meet daily nutritional needs except as ordered by a licensed physician for a legitimate medical purpose and documented in the juvenile's record;

2. Any action which that is humiliating, degrading, or abusive;

3. Corporal punishment;

4. Unsanitary conditions;

5. Deprivation of access to toilet facilities; or

6. Confinement in a room with the door so secured that the juvenile cannot open it.

6VAC35-150-500. Juvenile participation in research.

A. Medical or pharmaceutical testing for experimentation or research is prohibited.

B. The program or service provider shall have either (i) a written policy prohibiting juveniles' participation in research or (ii) written policy, procedure and practice ensuring that juveniles' participation as subjects in human research shall be consistent with Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 of the Code of Virginia, with § 16.1-305 of the Code of Virginia regarding confidentiality of juvenile records, with department policy regarding juveniles' participation in research, and with such regulations as may be promulgated by the state board regarding human research written procedures complying with the applicable research provisions in 6VAC35-150-130.

6VAC35-150-510. Case management requirements [ for program and service providers ].

A. For each juvenile, a separate case record shall be kept up to date and in a uniform manner.

B. The juvenile case record shall always contain:

1. Identifying Current identifying and demographic information on the juvenile;

2. Court order, placement agreement, or service agreement;

3. Rules imposed by the judge or the probation or parole officer, if applicable; and

4. Date Dates of acceptance and release.

C. Programs [ and services ] that provide counseling, treatment, or supervision shall:

1. Develop an individual service plan for each juvenile that shall specify the number and nature of contacts between the juvenile and staff;

2. Provide the individual service plan information to the supervising probation or parole officer, when applicable;

3. Document all contacts with the juvenile, the juvenile's family, and others involved with the case; and

4. Provide written progress reports to the referring agency at agreed upon intervals.

6VAC35-150-530. Incident documentation and reporting [ for program and service providers ].

When an event or incident occurs which that is required by department procedures to be reported, the program [ or service ] shall document and report the event or incident as required by and in accordance with department procedures.

6VAC35-150-540. Child abuse and neglect.

Any case of suspected child abuse or neglect shall be reported When there is a reason to suspect that a child is an abused or neglected child, the program or service provider shall report the matter immediately to the local department of public welfare or social services as required by § 63.1-248.3 Article 2 (§ 63.2-1508 et seq.) of Title 63.2 of the Code of Virginia and shall be documented in the juvenile's record.

Article 2
Specific Requirements for Particular Programs and Services

6VAC35-150-550. Physical setting.

A. Each program that provides direct services to juveniles or their families within or at the program's office or place of operation shall comply with all applicable building, fire, sanitation, zoning and other federal, state, and local standards and shall have premises liability insurance.

B. The inside and outside of all buildings shall be kept clean, in good repair, and free of rubbish.

6VAC35-150-560. Individual service or contact plan. (Repealed.)

Programs that provide counseling, treatment or supervision shall:

1. Develop an individual service plan for each juvenile which shall specify the number and nature of contacts between the juvenile and staff;

2. Provide the service plan information to the supervising probation or parole officer, when applicable, to be included in and monitored as part of the supervision plan;

3. Document all contacts with the juvenile, the juvenile's family and others involved with the case; and

4. Provide written progress reports to the referring agency at agreed upon intervals.

6VAC35-150-570. Response to crises. (Repealed.)

All programs providing supervision or direct individualized services shall provide for response to juveniles' crises 24 hours a day and shall notify juveniles in writing how to get these services.

[ 6VAC35-150-575. Physical and mechanical restraints and chemical agents in programs and services.

A. Only staff who have received department-approved training may apply physical restraint and only as a last resort, after less restrictive behavior intervention techniques have failed, to control residents whose behavior poses a risk to the safety of the resident, others, or the public, or to avoid extreme destruction of property.

1. Staff shall use the least force necessary to eliminate the risk and shall never use physical restraint as punishment or with intent to inflict injury.

2. The application of physical restraint shall be fully documented in the juvenile's record, including the (i) date and time of the incident, (ii) staff involved, (iii) justification for the restraint, (iv) less restrictive interventions that were unsuccessfully attempted prior to or harm that would have resulted without using physical restraint, (v) duration, (vi) method and extent of any physical restraint techniques used, (vii) signature of the person completing the report, and (viii) reviewer's signature and date.

3. Staff whose job responsibilities include applying physical restraint techniques, when necessary, shall receive training sufficient to maintain a current certification for the administration of the physical restraints.

B. Mechanical restraints, except in electronic monitoring and outreach detention programs, shall not be used for behavior management purposes.

C. Chemical agents, such as pepper spray, shall not be used by staff for behavior management purposes. ]

6VAC35-150-590. Referrals. (Repealed.)

Each program and service that accepts referrals shall have a written description of:

1. The population to be served;

2. Its criteria and requirements for accepting referrals, including whether a social history and diagnostic testing is required before accepting a youth; and

3. Intake and acceptance procedures.

6VAC35-150-600. Surveillance officers. (Repealed.)

Programs that use staff or volunteer surveillance officers shall specify:

1. The nature and number of the surveillance officer's contacts with the youth under supervision;

2. How and to whom the officer will report such contacts and any problems identified.

6VAC35-150-610. Substance abuse and testing services. (Repealed.)

Programs that provide substance abuse and testing services shall have a written description of:

1. The substance abuse assessment tools or instruments used;

2. The training required of persons who will conduct testing and the professional license or certification required of staff or contracted providers who will provide treatment services; and

3. How and to whom the results of the assessment and evaluation and any recommendations for treatment or other services will be reported.

Article 2
Alternative Day Treatment and Structured Day Programs

6VAC35-150-615. Applicability of Part III, Article 2.

The following provisions apply to alternative day treatment and structured day treatment programs, including those operated by CSUs. All applicable provisions for the general requirements for programs set forth in Article 1 (6VAC35-150-425 et seq.) of this part also apply to alternative day treatment and structured day treatment programs.

Article 3
Alternative Day Treatment and Structured Day Programs

6VAC35-150-620. Supervision of juveniles [ in alternative day treatment and structured day programs ].

A. At all times that juveniles are on any premises where alternative day treatment or structured day programs are provided, there shall be at least one qualified person actively supervising who has a current first aid and CPR certification.

B. Program staff are responsible for managing juveniles' behavior, and shall not delegate this responsibility to other juveniles except as part of an approved leadership training program under the supervision of qualified staff.

6VAC35-150-640. Fire Emergency and fire safety [ in alternative day treatment and structured day programs ].

A. Each site to which juveniles report shall have a written emergency and fire plan safety plans.

1. In accordance with the emergency plan, the program shall implement safety and security procedures, including, but not limited to, procedures for responding in cases of a fire, bomb threat, hostage and medical emergency situations, and natural disaster.

2. The fire safety plan shall be developed with the consultation and approval of the appropriate local fire authority and reviewed with the local fire authority at least annually and updated if necessary.

B. At each site to which juveniles report, there shall be at least one documented fire drill each month.

C. Each new staff member shall be trained in fire safety and emergency procedures before assuming supervision of juveniles.

6VAC35-150-650. First-aid kits. (Repealed.)

A well-stocked first-aid kit shall be available at each site to which juveniles report and in any vehicle used to transport juveniles and shall be readily accessible for minor injuries and medical emergencies.

6VAC35-150-660. Delivery of medication. (Repealed.)

Written policy, procedure and practice governing the delivery of medication shall either (i) prohibit staff from delivering medication or (ii) designate staff persons authorized to deliver prescribed medication by written agreement with a juvenile's parents; and shall either (i) permit or (ii) prohibit self-medication by juveniles.

6VAC35-150-670. Juveniles' medical needs [ in alternative day treatment and structured day programs ].

When necessary, A. At the time of referral, the program staff shall be notified of request from the referring agency or party any information regarding individual juveniles' medical needs or restrictions and given specific, if necessary, instructions for meeting these needs.

B. Written procedure governing the delivery of medication shall:

1. Either prohibit staff from delivering medication or designate staff persons authorized to deliver prescribed medication by written agreement with a juvenile's parents; and

2. Either permit or prohibit self-medication by juveniles.

C. An up-to-date, well-stocked first-aid kit shall be available at each site to which juveniles report and shall be readily accessible for minor injuries and medical emergencies.

6VAC35-150-680. [ Physical and mechanical restraint restraints and chemical agents. (Repealed.) ]

[ A. Only staff who have received ] department-sanctioned [ department-approved training may apply physical restraint, and only when a juvenile's uncontrolled behavior could result in harm to self or others, or to avoid extreme destruction of property, and when less restrictive interventions have failed.

B. The use of physical restraint shall be only that which is minimally necessary to protect the juvenile or others.

C. Any application of physical restraint shall be fully documented in the juvenile's record as to date, time, staff involved, circumstances, reasons for use of physical restraint, and extent of physical restraint used. ]

D. Except in electronic monitoring and outreach detention programs serving juveniles who would otherwise be placed in secure detention or when a juvenile resists being taken into lawful custody, the use of mechanical devices to restrain a juvenile's behavior is prohibited.

E. [ D. The use of mechanical restraint devices, except in outreach detention and electronic monitoring programs, or chemical ] substances [ agents ] to restrain a juvenile's behavior [ is prohibited. ]

6VAC35-150-690. Procedural requirements for time-out [ in alternative day treatment and structured day programs ].

A. A program that uses time-out shall have written policy, procedure and practice procedures to provide that juveniles in time-out shall:

1. Be able to communicate with staff;

2. Have bathroom privileges according to need; and

3. Be served any meal scheduled during the time-out period.

B. A time-out room shall not be locked nor the door secured in any way that will prohibit the juvenile from opening it, except if such confinement has been approved by the program's regulatory authority.

C. Time-out shall not be used for periods longer than 30 consecutive minutes.

Article 4
Electronic Monitoring

6VAC35-150-700. Not an automatic condition of supervision. (Repealed.)

Electronic monitoring shall not be an automatic condition of probation, parole or predispositional supervision.

6VAC35-150-710. Conditions of home and parents. (Repealed.)

A. Juveniles in an electronic monitoring program must reside in their own home or a surrogate home.

B. Before a juvenile is placed on electronic monitoring, parents or guardians must:

1. Give written consent, unless the electronic monitoring is ordered by a court of competent jurisdiction; and

2. Be fully oriented to the operation of the electronic monitoring device and program rules.

6VAC35-150-720. Required contacts. (Repealed.)

As often as required by the written supervision or service plan, designated staff or volunteers shall:

1. See each juvenile face-to-face; and

2. Contact the juvenile's parents or guardians in person or by telephone.

6VAC35-150-730. Tampers and violations. (Repealed.)

The program shall have written policy, procedure and practice for responding to and investigating tampers and program violations.

6VAC35-150-740. Time limits. (Repealed.)

Written policy, procedure and practice shall establish the maximum time a juvenile may be electronically monitored but shall not permit electronic monitoring to extend beyond 45 days unless an individual case, upon review by the program administrator, meets specific written criteria justifying a longer time period or continued electronic monitoring is ordered by a court of competent jurisdiction.

DOCUMENTS INCORPORATED BY REFERENCE (6VAC35-150)

[ Guidelines for Transporting Juveniles in Detention, ] Board of Youth and Family Services, June 13, 1991 [ State Board of Juvenile Justice, September 2004.

Guidelines for Transporting Juveniles in Detention, September 2004, State Board of Juvenile Justice. ]

"Guidelines for Custody Investigations," Board of Juvenile Justice and Board of Social Services, 1995.

VA.R. Doc. No. R08-1226; Filed January 17, 2011, 1:50 p.m.
TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
Final Regulation

REGISTRAR'S NOTICE: Due to the length, the following regulations filed by the Virginia Waste Management Board (9VAC20-80, Solid Waste Management Regulations; 9VAC20-81, Solid Waste Management Regulations; and 9VAC20-101, Vegetative Waste Management and Yard Waste Composting Regulations) are not being published. However, in accordance with § 2.2-4031 of the Code of Virginia, the summary is being published in lieu of the full text. The full text of the regulation is available for public inspection at the office of the Registrar of Regulations and at the Virginia Waste Management Board (see contact information below) and is accessible on the Virginia Register of Regulations' website at http://register.dls.virginia.gov/vol27/Welcome.htm.

Titles of Regulations: 9VAC20-80. Solid Waste Management Regulations (repealing 9VAC20-80-10 through 9VAC20-80-790).

9VAC20-81. Solid Waste Management Regulations (adding 9VAC20-81-10 through 9VAC20-81-760).

9VAC20-101. Vegetative Waste Management and Yard Waste Composting Regulations (repealing 9VAC20-101-10 through 9VAC20-101-210).

Statutory Authority: § 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Effective Date: March 16, 2011.

Agency Contact: Cindy Berndt, Regulatory Coordinator, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4378, FAX (804) 698-4346, or email cindy.berndt@deq.virginia.gov.

Summary:

This action recodifies the Virginia Solid Waste Management Regulations and incorporates the Vegetative Waste and Yard Waste Composting Regulations into the regulations. The regulations (i) no longer necessitate a full permit application for changes made to the operations manual of a solid waste facility; (ii) remove the composting facility capacity limit for a full permit and allow a facility to obtain a permit by rule; (iii) reduce the number of permit modifications considered major; (iv) add new standards for centralized sludge treatment facilities; (v) remove the Phase I groundwater monitoring; (vi) change the adoption of alternate concentration limit from a variance procedure to an approval procedure; (vii) modify language to conform to existing statutes and add citations to federal regulations; (viii) add a preapproved alternate liner to eliminate the variance process for those alternate liners routinely approved; (ix) make composting permitting requirements less burdensome; and (x) format, reorganize, and edit the regulations to improve clarity and streamline the flow of language.

Substantive changes made to the proposed regulation include the addition of four definitions. The four definitions are "land clearing activities," "land clearing debris," "landfill mining," and "institutional waste." Another substantive change is the removal of the requirement in 9VAC20-81-570 A 10 that would have resulted in permit revocation if the facility was not constructed within five years of obtaining the permit.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: The following regulation filed by the State Water Control Board is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 8 of the Code of Virginia, which exempts general permits issued by the State Water Control Board pursuant to the State Water Control Law (§ 62.1-44.2 et seq.), Chapter 24 (§ 62.1-242 et seq.) of Title 62.1, and Chapter 25 (§ 62.1-254 et seq.) of Title 62.1 if the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of § 2.2-4007.01; (ii) following the passage of 30 days from the publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stakeholders, including potentially affected citizens groups, to assist in the development of the general permit; (iii) provides notice and receives oral and written comment as provided in § 2.2-4007.03; and (iv) conducts at least one public hearing on the proposed general permit.

Title of Regulation: 9VAC25-110. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day (amending 9VAC25-110-10, 9VAC25-110-20, 9VAC25-110-60, 9VAC25-110-70, 9VAC25-110-80).

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

Effective Date: August 2, 2011.

Agency Contact: George Cosby, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4067, FAX (804) 698-4032, or email george.cosby@deq.virginia.gov.

Summary:

This regulatory action amends and reissues the existing VPDES general permit that expires on August 1, 2011, which will continue the existence of the general permit that establishes limitations and monitoring requirements for domestic sewage discharges of less than or equal to 1,000 gallons per day. The substantive changes (i) add two reasons why the department would deny coverage under the general permit; (ii) allow owners of currently permitted facilities to be automatically covered without requiring the owner to submit a new registration statement under certain conditions; (iii) clarify that maintenance contracts are required for treatment works serving individual single family dwellings; and (iv) clarify the footnotes to the effluent limits table regarding "shellfish waters." Since publication of the proposed regulation (i) a provision was added that maintenance contracts are required by Virginia Department of Health (VDH) regulations and must be kept in force for the life of the permit, unless the owner received a VDH variance; (ii) changes were made to the bacteria effluent limits in 9VAC25-110-80 Part I A 1 and Part I B 1; and (iii) certain editorial changes were made.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

9VAC25-110-10. Definitions.

The words and terms used in this chapter shall have the same meanings as given in the State Water Control Law, Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia and the VPDES Permit Regulation (9VAC25-31), unless the context clearly indicates otherwise, except that for the purposes of this chapter:

"7Q10" means the lowest flow averaged over a period of seven consecutive days that can be statistically expected to occur once every 10 climatic years.

"Climatic year" means a year beginning on April 1 and ending on March 31.

"DEQ" means the Virginia Department of Environmental Quality or the department.

"Domestic sewage" means the water-carried human wastes from residences, buildings, industrial establishments or other places.

"Total maximum daily load" or "TMDL" means a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs) for point source discharges, and load allocations (LAs) for nonpoint sources or natural background or both, and must include a margin of safety (MOS) and account for seasonal variations.

9VAC25-110-20. Purpose; delegation of authority; effective date of permit.

A. This general permit regulation governs domestic sewage discharges to surface waters from treatment works with a design discharge flow of less than or equal to 1,000 gallons per day on a monthly average. [ No discharge of pollutants from domestic sewage treatment works is allowed except when in compliance with the conditions of this permit. ]

B. The Director of the Department of Environmental Quality, or his designee, may perform any act of the board provided under this chapter, except as limited by § 62.1-44.14 of the Code of Virginia.

C. This general VPDES permit will become effective on August 2, 2006 2011, and it expires on August 1, 2011 2016. With respect to a particular facility, this general permit shall become effective upon the facility owner's compliance with the provisions of 9VAC25-110-60 and receipt of a copy of the general VPDES permit.

9VAC25-110-60. Authorization to discharge.

A. Any owner of a treatment works governed by this general permit is hereby authorized to discharge treated domestic sewage to surface waters of the Commonwealth of Virginia provided that the:

1. The owner has filed with the department the submits a registration statement described, if required to do so, in accordance with 9VAC25-110-70, has complied and that registration statement is accepted by the [ department board ];

2. The owner complies with the effluent limitations and other requirements of 9VAC25-110-80, and has complied with all the following conditions:; and

3. The [ owner board ] has not [ been ] notified [ by the department that authorization is denied the owner, ] in accordance with subsection B of this section [ , that the discharge is not eligible for coverage under this permit ].

B. The [ department board ] will notify an owner [ of denial of authorization that the discharge is not eligible for coverage under this permit ] in the event of any of the following:

1. The owner shall not have been is required to obtain an individual VPDES permit as may be required in accordance with 9VAC25-31-170 B 3 of the VPDES Permit Regulation;

2. The owner shall not be authorized by this general permit is proposing to discharge to surface waters specifically named in other board regulations [ or policies ] that prohibit such discharges;

3. The owner shall not be authorized by this general permit is proposing to discharge to surface waters in an area where there are central sewage facilities reasonably available, as determined by the [ department board ]; and

4. The owner of any proposed treatment works or any treatment works that has not previously been issued a valid VPDES permit shall have has applied to the Virginia Department of Health for an onsite sewage disposal system permit, and the Virginia Department of Health must have has determined that [ there is ] no [ technology an onsite system is ] available to serve that parcel of land [ with an onsite system ];

5. The discharge would violate the antidegradation policy stated in 9VAC25-260-30 of the Virginia Water Quality Standards; or

6. A TMDL (board adopted, EPA approved, or EPA imposed) contains [ a an individual ] WLA for the facility, unless this general permit specifically addresses the TMDL pollutant of concern and the permit limits are at least as stringent as those required by the TMDL WLA.

B. Receipt of C. Compliance with this general permit constitutes compliance with the Clean Water Act, the State Water Control Law, and applicable regulations under either, with the exceptions stated in 9VAC25-31-60 of the VPDES Permit Regulation. Approval for coverage under this general VPDES permit does not relieve any owner of the responsibility to comply with any other applicable federal, state or local statute, ordinance or regulation, including applicable regulations, for owners of sewage treatment works that serve individual single family dwellings, the Alternative Discharging Sewage Treatment Regulations for Individual Single Family Dwellings (12VAC5-640) of the Virginia Department of Health adopted pursuant to §§ 32.1-12, 32.1-163, and 32.1-164 of the Code of Virginia and, for any owner owners of sewage treatment works that serve nonsingle family dwellings, the Sewage Collection and Treatment Regulations (9VAC25-790) adopted by the State Water Control Board pursuant to § 62.1-44.18 of the Code of Virginia.

D. Continuation of permit coverage.

1. Any owner that was authorized to discharge under the general permit issued in 2006, and who is required to and submits a complete registration statement on or before August 1, 2011, is authorized to continue to discharge treated domestic sewage under the terms of the 2006 general permit until such time as the [ department board ] either:

a. Issues coverage to the owner under this general permit; or

b. Notifies the owner that coverage under this permit is denied.

2. When the [ facility owner ] that was covered under the expiring or expired general permit [ is not in compliance with has violated or is violating ] the conditions of that permit, the board may choose to do any or all of the following:

a. Initiate enforcement action based upon the general permit which has been continued;

b. Issue a notice of intent to deny coverage under the new general permit. If the general permit coverage is denied, the owner would then be required to cease the activities authorized by the continued general permit or be subject to enforcement action for operating without a permit;

c. Issue an individual permit with appropriate conditions; or

d. Take other actions authorized by the VPDES Permit Regulation (9VAC25-31).

9VAC25-110-70. Registration statement.

A. Deadlines for submitting registration statement. The Any owner [ seeking coverage under this general permit, and who is ] required to submit a registration statement [ , ] shall file submit a complete General VPDES Permit Registration Statement in accordance with this chapter, which shall serve as a notice of intent to be covered under the general VPDES permit for domestic sewage discharges of less than or equal to 1,000 gallons per day in accordance with this chapter.

1. New facilities. Any owner proposing a new discharge shall file submit a complete registration statement with to the department at least 60 days prior to the date planned for commencing operation of the treatment works.

2. Existing facilities.

a. Any owner of an existing treatment works covered by an individual VPDES permit who is proposing to be covered by this general permit shall file notify the department [ at least 180 days prior to the expiration date of the individual VPDES permit, ] and [ shall ] submit a complete registration statement at least 180 [ 60 240 ] days prior to the expiration date of the individual VPDES permit.

b. Any owner of an existing a treatment works that was authorized to discharge under the general permit issued in 2001 shall have filed a complete registration statement prior to June 2, 2006, and who intends to continue coverage under this general permit, is automatically covered [ under by ] this general permit and is not required to submit a registration statement if:

(1) The ownership of the treatment works has not changed since the registration statement for coverage under the 2006 general permit was submitted, or, if the ownership has changed, a new registration statement or VPDES Change of Ownership form was submitted to the department at the time of the title transfer;

(2) There has been no change in the design or operation, or both, of the treatment works since the registration statement for coverage under the 2006 general permit was submitted;

(3) For treatment works serving individual single family dwellings, the Virginia Department of Health has no objection to the automatic permit coverage renewal for this treatment works based on system performance issues, enforcement issues, or other issues sufficient to the [ department board ]. If the Virginia Department of Health objects to the automatic renewal for this treatment works, the owner will be notified by the [ department board ] in writing; and

(4) For treatment works serving nonsingle family dwellings, the [ department board ] has no objection to the automatic permit coverage renewal for this treatment works based on system performance issues, or enforcement issues. If the [ department board ] objects to the automatic renewal for this treatment works, the owner will be notified in writing.

Any owner that does not qualify for automatic permit coverage renewal shall submit a complete registration statement to the department on or before June 2, 2011.

[ c. Any owner of an existing treatment works not currently covered by a VPDES permit who is proposing to be covered by this general permit shall file submit a complete registration statement by August 2, 2006 to the department.

3. New owners of existing facilities. Any new owner of an existing facility that is covered by this general permit must submit a complete registration statement or a " VPDES Change of Ownership" form to the department within 30 days of the ownership change transfer of title.

4. 3. ] Late notifications. Any owner of a new or existing facility is not precluded from submitting a registration statement after the applicable dates provided in subdivisions 1, 2 and 3 of this subsection. If a late registration statement is submitted, the owner is only authorized for discharges that occur after permit coverage is granted. The department reserves the right to take appropriate enforcement actions for any unpermitted discharges. Late registration statements will be accepted by the [ department board ], but authorization to discharge will not be retroactive.

B. Registration statement. The registration statement shall contain the following information:

1. a. Indicate if the facility served by the treatment works is a single family dwelling. If the facility is not a single family dwelling, describe the facility's use.

b. Name and location street address of the facility/residence facility served by the treatment works.

2. Name, mailing address, email address (where available), and work and home telephone numbers of the facility owner. Indicate For a dwelling, indicate if the owner is or will be the occupant of the facility dwelling.

3. Name of the water body receiving the discharge. Indicate if the discharge point is on a stream that usually flows during dry weather.

4. The amount of discharge, in gallons per day, on a monthly average, and the design flow of the treatment works, in gallons per day.

5. A description of any pollutants, other than domestic sewage, to be discharged.

6. If For a proposed treatment works, indicate if there are central sewage facilities available to serve this the facility.

7. If the facility currently has a VPDES permit. Provide , provide the permit number, if applicable. Indicate if the facility has been built and begun discharge discharging.

8. For the owner of any proposed treatment works or any treatment works that has not previously been issued a valid VPDES permit:

a. A [ 7.5 minute USGS ] topographic map or [ equivalent (e.g., a ] computer generated map [ ) ] that indicates the discharge point, the location of the property to be served by the treatment works, and the location of any wells, springs, and other water bodies, or downstream and any residences within 1/2 mile downstream from the discharge point;

b. A site diagram of the existing or proposed sewage treatment works; and including to include the property boundaries, the location of the facility/residence facility or dwelling to be served, the individual sewage treatment units, the receiving water body, and the discharge line location; and

c. A copy of the notification from the Virginia Department of Health that an onsite sewage disposal system permit has been applied for and that the Virginia Department of Health has determined that there is no [ technology onsite system ] available to serve that parcel of land [ with an onsite system ].

9. Maintenance contract.

a. For the owner of [ an existing a ] treatment works serving an individual single family dwelling, [ provide indicate if a valid maintenance contract has been obtained in accordance with the requirements in 12VAC5-640-500, or if an variance to the maintenance contract requirement has been requested and granted by the Virginia Department of Health. Provide ] the name of the individual or company contracted to perform the treatment works maintenance [ , ] and the expiration date of the current contract [ , if applicable. If the treatment works has not been constructed yet, provide the name after construction is complete and prior to starting the treatment plant operation.

Indicate if a monitoring contract has been obtained in accordance with the requirements in 12VAC5-640-490 F, or if the monitoring contract requirement has been waived by the Virginia Department of Health, or if the monitoring requirements are included as part of the maintenance contract. Provide the name of the individual or company contracted to perform the treatment works monitoring and the expiration date of the current contract, if applicable. If the treatment works has not been constructed yet, provide the name after construction is complete and prior to starting the treatment plant operation ];

b. For the owner of any [ an existing a ] treatment works serving a nonsingle family dwelling, indicate if a valid maintenance contract has been obtained, or if an exception to the maintenance contract requirement has been requested and granted in accordance with subdivision 10 of this subsection. Provide the name of the contract provider individual or company contracted to perform the treatment works maintenance [ , ] and the expiration date of the current contract, if applicable. [ If the treatment works has not been constructed yet, provide the name after the certificate to construct (CTC) is issued, and prior to requesting a certificate to operate (CTO). ] A valid maintenance contract shall provide for the following:

a. (1) Performance of all testing required in accordance with either 9VAC25-110-80 Part I A or Part I B, as appropriate, and periodic (at least annual) inspections of the treatment works. Note: The treatment works should be sampled during normal discharging operations or normal discharging conditions (i.e., operations that are normal for that facility). The owner or maintenance provider should not force a discharge in order to collect a sample;

b. (2) A written notification to the owner within 24 hours whenever the contract provider becomes aware that maintenance or repair of the owner's treatment works is necessary. The owner is responsible for prompt maintenance and repair of the treatment works including all costs associated with the maintenance or repair. Immediately upon receipt of notice that repair or maintenance is required, the owner shall begin emergency pump and haul of all sewage generated in from the facility or dwelling if full and complete repairs cannot be accomplished within 48 hours.

c. (3) A log of the following items will shall be maintained by the contract provider for as long as the contract is in force:

(1) (a) Results of all tests and sampling. Note: If sampling is attempted, but no sample was taken or possible, the log shall show all sampling attempts, and document and explain why no sample was taken or possible;

(2) (b) Alarm activation incidents;

(3) (c) Maintenance, corrective, or repair activities performed;

(4) (d) Recommended repair or replacement items; and

(5) (e) Copies of all reports prepared by the contract provider.

d. (4) An inspection will shall be conducted by the contract provider within 48 hours after notification by the owner that a problem may be occurring; and

e. A (5) The maintenance contract [ shall be kept in force during the entire permit term, and ] shall be valid for a minimum of 24 months of consecutive coverage under the maintenance contract.

10. The owner of any [ an existing a ] treatment works serving a nonsingle family dwelling may request an exception to the maintenance contract requirement by submitting an operation and maintenance plan to the [ department board ] for review and approval. If an operation and maintenance plan has been approved by the [ department board ] previously and remains current and complete, then it does not need to be resubmitted. In such cases, the owner shall provide the date of approval of the operation and maintenance plan, and identify any changes that have been made to the approved operation and maintenance plan. At a minimum, the operation and maintenance plan shall contain the following information:

a. An up-to-date operation and maintenance manual for the treatment works;

b. A log of all maintenance performed on the plant treatment works including, but not limited to, the following:

(1) The date and amount of disinfection chemicals added to the chlorinator.

(2) If dechlorination is used, the date and amount of any dechlorination chemicals that are added.

(3) The date and time of equipment failure(s) and the date and time the equipment was restored to service.

(4) The date and approximate volume of sludge removed.

(5) Results of all tests and sampling. Note: If sampling is attempted, but no sample was taken or possible, the log shall show all sampling attempts, and document and explain why no sample was taken or possible;

c. Dated receipts for chemicals purchased, equipment purchased, and maintenance performed; and

d. An effluent monitoring plan in accordance to conform with the requirements of 9VAC25-110-80 Part I A or Part I B, as appropriate, including all sample collection, preservation, and analysis procedures. Note: The treatment works should be sampled during normal discharging operations or normal discharging conditions (i.e., operations that are normal for that facility). The owner or maintenance provider should not force a discharge in order to collect a sample.

11. The following certification: "I hereby grant to duly authorized agents of the Department of Environmental Quality, upon presentation of credentials, permission to enter the property where the treatment works is located for the purpose of determining compliance with or the suitability of coverage under the General Permit. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."

The registration statement shall be signed in accordance with the requirements of 9VAC25-31-110.

9VAC25-110-80. General permit.

Any owner whose registration statement is accepted by the board will receive the following permit and, or whose permit coverage is automatically renewed, shall comply with the requirements contained therein herein and be subject to all requirements of 9VAC25-31-170.

General Permit No.: VAG40
Effective Date: August 2, 2006 2011
Expiration Date: August 1, 2011 2016

GENERAL PERMIT FOR DOMESTIC SEWAGE DISCHARGES OF LESS THAN OR EQUAL TO 1,000 GALLONS PER DAY

AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW

In compliance with the provisions of the Clean Water Act (33 USC § 1251 et seq.), as amended, and pursuant to the State Water Control Law and regulations adopted pursuant thereto, owners of treatment works with domestic sewage discharges of a design flow of less than or equal to 1,000 gallons per day on a monthly average are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those waters specifically named in board regulations [ or policies ] that prohibit such discharges.

The authorized discharge shall be in accordance with this cover page, Part I-Effluent Limitations, Monitoring Requirements and Special Conditions, and Part II-Conditions Applicable to All VPDES Permits, as set forth herein.


Part I
Effluent Limitations, Monitoring Requirements and Special Conditions

A. Effluent limitations and monitoring requirements—receiving waters where the 7Q10 flows are less than 0.2 MGD.

1. During the period beginning with the permit's effective date and lasting until the permit's expiration date, the permittee is authorized to discharge from outfall number 001 to receiving waters where the 7Q10 flows are less than 0.2 MGD.

The discharge shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS

Instantaneous Minimum

Instantaneous Maximum

Frequency

Sample Type

Flow (MGD) * (1)

NA

NL

1/year

Estimate

BOD5

NA

30 mg/l

1/year

Grab

Total Suspended Solids

NA

30 mg/l

1/year

Grab

Total Residual Chlorine ** (2)

After contact tank

1.0 mg/l

NA

1/year

Grab

Final effluent

NA

0.016 mg/l

1/year

Grab

E. coli *** (3)

NA

235/100 [ 126/100 235/100 ] ml

1/year

Grab

enterococci **** (4)

NA

104/100 [ 35/100 104/100 ] ml

1/year

Grab

Fecal Coliform Bacteria ***** (5)

NA

200/100 ml

1/year

Grab

pH (standard units)

6.0

9.0

1/year

Grab

Dissolved Oxygen

5.0 mg/l

NA

1/year

Grab

NL = No Limitation, monitoring required

NA = Not Applicable

* (1) The design flow of this treatment facility is less than or equal to 1,000 gallons per day.

** (2) Applies only when chlorine is used for disinfection and the discharge is in into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). The quantification level of chlorine shall be 0.1 mg/l.

*** (3) Applies only when methods other than chlorine are used for disinfection and the discharge is in into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). Continuous When the facility is discharging, continuous disinfection capability shall be provided in order to maintain this effluent limit.

**** (4) Applies only when the discharge is in into saltwater or the transition zone (see 9VAC25-260-140 C for the classes of waters and boundary designations). Continuous When the facility is discharging, continuous disinfection capability shall be provided in order to maintain this effluent limit.

***** (5) Applies only when the discharge is in into shellfish water waters (see 9VAC25-260-160 for the description of what are shellfish waters). Continuous When the facility is discharging, continuous disinfection capability shall be provided in order to maintain this effluent limit.

2. All monitoring data required by Part I A 1 shall be maintained on site in accordance with Part II B. Reporting of results to DEQ is not required; however, the monitoring results shall be made available to DEQ [ or Virginia Department of Health ] personnel upon request. [ Monitoring results for treatment works serving individual single family dwellings shall be submitted to the Virginia Department of Health in accordance with 12VAC5-640. ]

3. 40 CFR 133.102(c) requires that the The 30-day average percent removal for BOD5 and total suspended solids shall not be less than 85%.

Part I
Effluent Limitations Monitoring Requirements and Special Conditions

A. B. Effluent limitations and monitoring requirements—receiving waters where the 7Q10 flows are equal to or greater than 0.2 MGD.

1. During the period beginning with the permit's effective date and lasting until the permit's expiration date, the permittee is authorized to discharge from outfall number 001 to receiving waters where the 7Q10 flows are equal to or greater than 0.2 MGD.

The discharge shall be limited and monitored by the permittee as specified below:EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS

Instantaneous Minimum

Instantaneous Maximum

Frequency

Sample Type

Flow (MGD) * (1)

NA

NL

1/year

Estimate

BOD5

NA

30 mg/l

1/year

Grab

Total Suspended Solids

NA

30 mg/l

1/year

Grab

Total Residual Chlorine ** (2)

Final effluent

1.0 mg/l

2.0 mg/l

1/year

Grab

E. coli *** (3)

NA

235/100 [ 126/100 235/100 ] ml

1/year

Grab

enterococci **** (4)

NA

104/100 [ 35/100 104/100 ] ml

1/year

Grab

Fecal Coliform Bacteria ***** (5)

NA

200/100 ml

1/year

Grab

pH (standard units)

6.0

9.0

1/year

Grab

NL = No Limitation, monitoring required

NA = Not Applicable

* (1) The design flow of this treatment facility is less than or equal to 1,000 gallons per day.

** (2) Applies only when chlorine is used for disinfection and the discharge is in into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations).

*** (3) Applies only when methods other than chlorine are used for disinfection and the discharge is in into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). Continuous When the facility is discharging, continuous disinfection capability shall be provided in order to maintain this effluent limit.

**** (4) Applies only when the discharge is in into saltwater or the transition zone (see 9VAC25-260-140 C for the classes of waters and boundary designations). Continuous When the facility is discharging, continuous disinfection capability shall be provided in order to maintain this effluent limit.

***** (5) Applies only when the discharge is in into shellfish water waters (see 9VAC25-260-160 for the description of what are shellfish waters). Continuous When the facility is discharging, continuous disinfection capability shall be provided in order to maintain this effluent limit.


2. All monitoring data required by Part I A B 1 shall be maintained on site in accordance with Part II B. Reporting of results to DEQ is not required; however, the monitoring results shall be made available to DEQ [ or Virginia Department of Health ] personnel upon request. [ Monitoring results for treatment works serving individual single family dwellings shall be submitted to the Virginia Department of Health in accordance with 12VAC5-640. ]

3. 40 CFR 133.102(c) requires that the The 30-day average percent removal for BOD5 and total suspended solids shall not be less than 85%.

B. C. Special conditions.

1. There shall be no discharge of floating solids or visible foam in other than trace amounts.

2. Schedule of compliance. This compliance schedule shall be allowed only for treatment works that were existing as of their dates of coverage under this general permit. Treatment works constructed after their dates of coverage are expected to comply with the limitations and conditions

of the general permit from the date of operation. For existing facilities that require upgrades, the permittee shall install equipment or unit processes or make other physical modifications to the treatment works that are necessary to achieve compliance with the limitations and conditions of this permit within 180 days of the date of coverage under the permit. The modifications shall not be initiated until written authorization is first provided by the Virginia Department of Health or DEQ. The permittee shall submit to the DEQ Regional Office a written notice certifying completion of any necessary modifications on or before the 180-day compliance deadline. If the permittee is unable to meet the deadline, a written notice shall be submitted that shall include the cause of the delay, any actions taken to eliminate the delay, and the projected date for compliance.

3. 2. Maintenance contract.

a. Treatment works serving individual single family dwellings. [ The Virginia Department of Health regulations at 12VAC5-640-500 require maintenance contracts for treatment works serving individual single family dwellings. ]

(1) For existing treatment works, the permittee shall keep a maintenance contract in force during the permit term [ , unless the permittee has been granted a variance from the maintenance contract requirement by the Virginia Department of Health ] . A copy of the maintenance contract [ , if applicable, ] shall be [ maintained kept ] at the site of [ the ] treatment works and shall be made available to DEQ or to the Virginia Department of Health for examination upon request. [ The permittee is also responsible for ensuring that the local health department has a current copy of a valid maintenance agreement in accordance with 12VAC5-640-500 B. ]

(2) For proposed treatment works, the permittee shall submit a copy of a valid maintenance contract to both DEQ and the Virginia Department of Health prior to operation of the treatment works [ unless the permittee has been granted a variance from the maintenance contract requirement by the Virginia Department of Health ]. The maintenance contract shall be kept in force during the permit term [ , maintained . A copy of the maintenance contract, if applicable, shall be kept ] at the site of treatment works, and made available to DEQ or the Virginia Department of Health for examination upon request. [ The permittee is also responsible for ensuring that the local health department has a current copy of a valid maintenance agreement in accordance with 12VAC5-640-500 B. ]

(3) At a minimum, the maintenance contract shall provide for the following:

(a) Performance of all testing required in [ either Part I A or Part I B of this permit, as appropriate, and in ] the Alternative Discharging Sewage Treatment Regulations for Individual Single Family Dwellings, 12VAC5-640-490 B, unless the owner maintains a separate monitoring contract in accordance with 12VAC5-640-490 F. Note: The treatment works should be sampled during normal discharging operations or normal discharging conditions (i.e., operations that are normal for that facility). The owner or maintenance provider should not force a discharge in order to collect a sample;

(b) A written notification to the owner within 24 hours whenever the contract provider becomes aware that maintenance or repair of the owner's treatment works is necessary. The owner is responsible for prompt maintenance and repair of the treatment works including all costs associated with the maintenance or repair. Immediately upon receipt of notice that repair or maintenance is required, the owner shall begin emergency pump and haul of all sewage generated in the dwelling if full and complete repairs cannot be accomplished within 48 hours; and

(c) The maintenance contract shall be valid for a minimum of 24 months of consecutive coverage.

b. Treatment works serving nonsingle family dwellings.

(1) For existing treatment works, the permittee shall maintain keep a maintenance contract in force during the permit term, unless an exception to the maintenance contract requirement has been requested and granted in accordance with Part I B 4 C 3. A copy of [ a valid the ] maintenance contract [ , if applicable, ] shall be [ maintained kept ] at the site of [ the ] treatment works and made available to DEQ or to the Virginia Department of Health for examination upon request.

(2) For proposed treatment works, the permittee shall submit a copy of a valid maintenance contract to DEQ prior to operation of the treatment works, unless an exception to the maintenance contract requirement has been requested and granted in accordance with Part I B 4 C 3. [ The maintenance contract shall be kept in force during the permit term. A copy of the maintenance contract shall be kept at the site of treatment works, and shall be made available to DEQ for examination upon request. ]

The (3) At a minimum, the maintenance contract shall provide for the following:

a. (a) Performance of all testing required in accordance with either Part I A or Part I B, as appropriate, and periodic (at least annual) inspections of the treatment works. Note: The treatment works should be sampled during normal discharging operations or normal discharging conditions (i.e., operations that are normal for that facility). The owner or maintenance provider should not force a discharge in order to collect a sample;

b. (b) A written notification to the owner within 24 hours whenever the contract provider becomes aware that maintenance or repair of the owner's treatment works is necessary. The owner is responsible for prompt maintenance and repair of the treatment works including all costs associated with the maintenance or repair. Immediately upon receipt of notice that repair or maintenance is required, the owner shall begin emergency pump and haul of all sewage generated in from the facility or dwelling if full and complete repairs cannot be accomplished within 48 hours;

c. (c) A log of the following items will shall be maintained by the contract provider:

(1) (i) Results of all tests and sampling. Note: If sampling is attempted, but no sample was taken or possible, the log shall show all sampling attempts, and document and explain why no sample was taken or possible;

(2) (ii) Alarm activation incidents;

(3) (iii) Maintenance, corrective, or repair activities performed;

(4) (iv) Recommended repair or replacement items; and

(5) (v) Copies of all reports prepared by the contract provider;

d. (d) An inspection will shall be conducted by the contract provider within 48 hours after notification by the owner that a problem may be occurring; and

e. A (e) The maintenance contract shall be valid for a minimum of 24 months of consecutive coverage under the maintenance contract.

4. 3. Operation and maintenance plan. The owner of any treatment works serving a nonsingle family dwelling may request an exception to the maintenance contract requirement by submitting an operation and maintenance plan to [ DEQ the board ] for review and approval. At a minimum, the operation and maintenance plan shall contain the following information:

a. An up-to-date operation and maintenance manual for the treatment works;

b. A log of all maintenance performed on the plant treatment works including, but not limited to, the following:

(1) The date and amount of disinfection chemicals added to the chlorinator.

(2) If dechlorination is used, the date and amount of any dechlorination chemicals that are added.

(3) The date and time of equipment failure(s) and the date and time the equipment was restored to service.

(4) The date and approximate volume of sludge removed.

(5) Results of all tests and sampling. Note: If sampling is attempted, but no sample was taken or possible, the log shall show all sampling attempts, and document and explain why no sample was taken or possible;

c. Dated receipts for chemicals purchased, equipment purchased, and maintenance performed; and

d. An effluent monitoring plan in accordance to conform with the requirements of Part I A or Part I B, as appropriate, including all sample collection, preservation, and analysis procedures. Note: The treatment works should be sampled during normal discharging operations or normal discharging conditions (i.e., operations that are normal for that facility). The owner or maintenance provider should not force a discharge in order to collect a sample.

Should the permittee fail to implement the approved operation and maintenance plan, or if there are violations of effluent limitations, [ DEQ the board ] reserves the right to require the permittee to obtain a maintenance contract.

4. Compliance recordkeeping under Part I A and Part I B.

a. The quantification levels (QL) shall be less than or equal to the following concentrations:

Effluent Parameter

Quantification Level

BOD5

2.0 mg/l

TSS

1.0 mg/l

Chlorine

0.10 mg/l

The QL is defined as the lowest concentration used to calibrate a measurement system in accordance with the procedures published for the test method.

b. Recording results. Any concentration data below the QL used in the analysis shall be recorded as "<QL" if it is less than the QL in subdivision a. Otherwise the numerical value shall be recorded.

c. Monitoring results shall be recorded using the same number of significant digits as listed in the permit. Regardless of the rounding convention used by the permittee (e.g., 5 always rounding up or to the nearest even number), the permittee shall use the convention consistently, and shall ensure that consulting laboratories employed by the permittee use the same convention.

5. The discharges authorized by this permit shall be controlled as necessary to meet water quality standards.

Part II
Conditions Applicable to all VPDES Permits

A. Monitoring.

1. Samples and measurements taken as required by this permit shall be representative of the monitored activity.

2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit.

3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will ensure accuracy of measurements.

B. Records.

1. Records of monitoring information shall include:

a. The date, exact place, and time of sampling or measurements;

b. The individual(s) who performed the sampling or measurements;

c. The date(s) and time(s) analyses were performed;

d. The individual(s) who performed the analyses;

e. The analytical techniques or methods used; and

f. The results of such analyses.

2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the registration statement for this permit, for a period of at least three years from the date of the sample, measurement, report or request for coverage. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the board.

C. Reporting monitoring results. Monitoring results under this permit are not required to be submitted to the department. However, should the [ department board ] request that the permittee submit monitoring results, the following subsections would apply.

1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.

2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the department.

3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted on the DMR or reporting form specified by the department.

4. Calculations for all limitations that require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.

D. Duty to provide information. The permittee shall furnish to the department, within a reasonable time, any information that the board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The board may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the department, upon request, copies of records required to be kept by this permit.

E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.

F. Unauthorized discharges. Except in compliance with this permit, or another permit issued by the board, it shall be unlawful for any person to:

1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or

2. Otherwise alter the physical, chemical or biological properties of such state waters and make them detrimental to the public health, to animal or aquatic life, to the use of such waters for domestic or industrial consumption, for recreation, or for other uses.

G. Reports of unauthorized discharges. Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon state waters in violation of Part II F, or who discharges or causes or allows a discharge that may reasonably be expected to enter state waters in violation of Part II F, shall notify the department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the department within five days of discovery of the discharge. The written report shall contain:

1. A description of the nature and location of the discharge;

2. The cause of the discharge;

3. The date on which the discharge occurred;

4. The length of time that the discharge continued;

5. The volume of the discharge;

6. If the discharge is continuing, how long it is expected to continue;

7. If the discharge is continuing, what the expected total volume of the discharge will be; and

8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit.

Discharges reportable to the department under the immediate reporting requirements of other regulations are exempted from this requirement.

H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter state waters, the permittee shall promptly notify, in no case later than 24 hours, the department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse affects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the department within five days of discovery of the discharge in accordance with Part II I 2. Unusual and extraordinary discharges include, but are not limited to, any discharge resulting from:

1. Unusual spillage of materials resulting directly or indirectly from processing operations;

2. Breakdown of processing or accessory equipment;

3. Failure or taking out of service some or all of the treatment works; and

4. Flooding or other acts of nature.

I. Reports of noncompliance. The permittee shall report any noncompliance that may adversely affect state waters or may endanger public health.

1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information that shall be reported within 24 hours under this paragraph:

a. Any unanticipated bypass; and

b. Any upset that causes a discharge to surface waters.

2. A written report shall be submitted within five days and shall contain:

a. A description of the noncompliance and its cause;

b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and

c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

The board may waive the written report on a case-by-case basis for reports of noncompliance under Part II I if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.

3. The permittee shall report all instances of noncompliance not reported under Part II I 1 or 2, in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part II I 2.

NOTE: The immediate (within 24 hours) reports required in Parts II G, H, and I may be made to the department's regional office. Reports may be made by telephone or by fax. For reports outside normal working hours, leave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Management maintains a 24-hour telephone service at 1-800-468-8892.

J. Notice of planned changes.

1. The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:

a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:

(1) After promulgation of standards of performance under Section 306 of Clean Water Act that are applicable to such source; or

(2) After proposal of standards of performance in accordance with Section 306 of Clean Water Act that are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within 120 days of their proposal;

b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or

c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan.

2. The permittee shall give advance notice to the department of any planned changes in the permitted facility or activity that may result in noncompliance with permit requirements.

K. Signatory requirements.

1. Registration statement. All registration statements shall be signed as follows:

a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or other actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or

c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) the chief executive officer of the agency or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

2. Reports, etc. All reports required by permits, and other information requested by the board shall be signed by a person described in Part II K 1 or by a duly authorized representative of that person. A person is a duly authorized representative only if:

a. The authorization is made in writing by a person described in Part II K 1;

b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and

c. The written authorization is submitted to the department.

3. Changes to authorization. If an authorization under Part II K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part II K 2 shall be submitted to the department prior to or together with any reports, or information to be signed by an authorized representative.

4. Certification. Any person signing a document under Part II K 1 or 2 shall make the following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

L. Duty to comply. The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application.

The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under Section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement.

M. Duty to reapply.

1. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, and the permittee does not qualify for automatic permit coverage renewal, the permittee shall submit a new registration statement at least 180 60 days before the expiration date of the existing permit, unless permission for a later date has been granted by the board. The board shall not grant permission for registration statements to be submitted later than the expiration date of the existing permit.

2. A permittee qualifies for automatic permit coverage renewal and is not required to submit a registration statement if:

a. The ownership of the treatment works has not changed since this general permit went into effect on August 2, 2011, or, if the ownership has changed, a new registration statement or VPDES Change of Ownership form was submitted to the department at the time of the title transfer;

b. There has been no change in the design or operation, or both, of the treatment works since this general permit went into effect on August 2, 2011;

c. For treatment works serving individual single family dwellings, the Virginia Department of Health does not object to the automatic permit coverage renewal for this treatment works based on system performance issues, enforcement issues, or other issues sufficient to the [ department board ]. If the Virginia Department of Health objects to the automatic renewal for this treatment works, the permittee will be notified by the [ department board ] in writing; and

d. For treatment works serving nonsingle family dwellings, the [ department board ] has no objection to the automatic permit coverage renewal for this treatment works based on system performance issues, or enforcement issues. If the [ department board ] objects to the automatic renewal for this treatment works, the permittee will be notified in writing.

Any permittee that does not qualify for automatic permit coverage renewal shall submit a new registration statement in accordance with Part II M 1.

N. Effect of a permit. This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of federal, state or local law or regulations.

O. State law. Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to, any other state law or regulation or under authority preserved by Section 510 of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part II U), and "upset" (Part II V) nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance.

P. Oil and hazardous substance liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under §§ 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law.

Q. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also include effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit.

R. Disposal of solids or sludges. Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering state waters.

S. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment.

T. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

U. Bypass.

1. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. The permittee may allow any bypass to occur that does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provisions of Parts II U 2 and 3.

2. Notice.

a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible, at least 10 days before the date of the bypass.

b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II I.

3. Prohibition of bypass.

a. Bypass is prohibited, and the board may take enforcement action against a permittee for bypass, unless:

(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance; and

(3) The permittee submitted notices as required under Part II U 2.

b. The board may approve an anticipated bypass after considering its adverse effects if the board determines that it will meet the three conditions listed above in Part II U 3 a.

V. Upset.

1. An upset constitutes an affirmative defense to an action brought for noncompliance with technology-based permit effluent limitations if the requirements of Part II V 2 are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review.

2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed, contemporaneous operating logs, or other relevant evidence that:

a. An upset occurred and that the permittee can identify the cause(s) of the upset;

b. The permitted facility was at the time being properly operated;

c. The permittee submitted notice of the upset as required in Part II I; and

d. The permittee complied with any remedial measures required under Part II S.

3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.

W. Inspection and entry. The permittee shall allow the director, or an authorized representative, upon presentation of credentials and other documents as may be required by law, to:

1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;

2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any location.

For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency.

X. Permit actions. Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, termination, or notification of planned changes or anticipated noncompliance does not stay any permit condition.

Y. Transfer of permits.

1. Permits are not transferable to any person except after notice to the department. Except as provided in Part II Y 2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and the Clean Water Act.

2. As an alternative to transfers under Part II Y 1, this permit may be automatically transferred to a new permittee if:

a. The current permittee notifies the department at least within 30 days in advance of the proposed transfer of the title to the facility or property;

b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and

c. The board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part II Y 2 b.

Z. Severability. The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.

NOTICE: The following form used in administering the regulation was filed by the agency. The form is not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name to access the form. The form is also available through the agency contact or at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (9VAC25-110)

VPDES Change of Ownership Agreement Form (eff. 7/10).

VA.R. Doc. No. R09-2062; Filed January 10, 2011, 3:05 p.m
TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
Final Regulation

REGISTRAR'S NOTICE: Due to the length, the following regulations filed by the Virginia Waste Management Board (9VAC20-80, Solid Waste Management Regulations; 9VAC20-81, Solid Waste Management Regulations; and 9VAC20-101, Vegetative Waste Management and Yard Waste Composting Regulations) are not being published. However, in accordance with § 2.2-4031 of the Code of Virginia, the summary is being published in lieu of the full text. The full text of the regulation is available for public inspection at the office of the Registrar of Regulations and at the Virginia Waste Management Board (see contact information below) and is accessible on the Virginia Register of Regulations' website at http://register.dls.virginia.gov/vol27/Welcome.htm.

Titles of Regulations: 9VAC20-80. Solid Waste Management Regulations (repealing 9VAC20-80-10 through 9VAC20-80-790).

9VAC20-81. Solid Waste Management Regulations (adding 9VAC20-81-10 through 9VAC20-81-760).

9VAC20-101. Vegetative Waste Management and Yard Waste Composting Regulations (repealing 9VAC20-101-10 through 9VAC20-101-210).

Statutory Authority: § 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Effective Date: March 16, 2011.

Agency Contact: Cindy Berndt, Regulatory Coordinator, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4378, FAX (804) 698-4346, or email cindy.berndt@deq.virginia.gov.

Summary:

This action recodifies the Virginia Solid Waste Management Regulations and incorporates the Vegetative Waste and Yard Waste Composting Regulations into the regulations. The regulations (i) no longer necessitate a full permit application for changes made to the operations manual of a solid waste facility; (ii) remove the composting facility capacity limit for a full permit and allow a facility to obtain a permit by rule; (iii) reduce the number of permit modifications considered major; (iv) add new standards for centralized sludge treatment facilities; (v) remove the Phase I groundwater monitoring; (vi) change the adoption of alternate concentration limit from a variance procedure to an approval procedure; (vii) modify language to conform to existing statutes and add citations to federal regulations; (viii) add a preapproved alternate liner to eliminate the variance process for those alternate liners routinely approved; (ix) make composting permitting requirements less burdensome; and (x) format, reorganize, and edit the regulations to improve clarity and streamline the flow of language.

Substantive changes made to the proposed regulation include the addition of four definitions. The four definitions are "land clearing activities," "land clearing debris," "landfill mining," and "institutional waste." Another substantive change is the removal of the requirement in 9VAC20-81-570 A 10 that would have resulted in permit revocation if the facility was not constructed within five years of obtaining the permit.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: The following regulation filed by the State Water Control Board is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 8 of the Code of Virginia, which exempts general permits issued by the State Water Control Board pursuant to the State Water Control Law (§ 62.1-44.2 et seq.), Chapter 24 (§ 62.1-242 et seq.) of Title 62.1, and Chapter 25 (§ 62.1-254 et seq.) of Title 62.1 if the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of § 2.2-4007.01; (ii) following the passage of 30 days from the publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stakeholders, including potentially affected citizens groups, to assist in the development of the general permit; (iii) provides notice and receives oral and written comment as provided in § 2.2-4007.03; and (iv) conducts at least one public hearing on the proposed general permit.

Title of Regulation: 9VAC25-110. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day (amending 9VAC25-110-10, 9VAC25-110-20, 9VAC25-110-60, 9VAC25-110-70, 9VAC25-110-80).

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

Effective Date: August 2, 2011.

Agency Contact: George Cosby, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4067, FAX (804) 698-4032, or email george.cosby@deq.virginia.gov.

Summary:

This regulatory action amends and reissues the existing VPDES general permit that expires on August 1, 2011, which will continue the existence of the general permit that establishes limitations and monitoring requirements for domestic sewage discharges of less than or equal to 1,000 gallons per day. The substantive changes (i) add two reasons why the department would deny coverage under the general permit; (ii) allow owners of currently permitted facilities to be automatically covered without requiring the owner to submit a new registration statement under certain conditions; (iii) clarify that maintenance contracts are required for treatment works serving individual single family dwellings; and (iv) clarify the footnotes to the effluent limits table regarding "shellfish waters." Since publication of the proposed regulation (i) a provision was added that maintenance contracts are required by Virginia Department of Health (VDH) regulations and must be kept in force for the life of the permit, unless the owner received a VDH variance; (ii) changes were made to the bacteria effluent limits in 9VAC25-110-80 Part I A 1 and Part I B 1; and (iii) certain editorial changes were made.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

9VAC25-110-10. Definitions.

The words and terms used in this chapter shall have the same meanings as given in the State Water Control Law, Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia and the VPDES Permit Regulation (9VAC25-31), unless the context clearly indicates otherwise, except that for the purposes of this chapter:

"7Q10" means the lowest flow averaged over a period of seven consecutive days that can be statistically expected to occur once every 10 climatic years.

"Climatic year" means a year beginning on April 1 and ending on March 31.

"DEQ" means the Virginia Department of Environmental Quality or the department.

"Domestic sewage" means the water-carried human wastes from residences, buildings, industrial establishments or other places.

"Total maximum daily load" or "TMDL" means a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs) for point source discharges, and load allocations (LAs) for nonpoint sources or natural background or both, and must include a margin of safety (MOS) and account for seasonal variations.

9VAC25-110-20. Purpose; delegation of authority; effective date of permit.

A. This general permit regulation governs domestic sewage discharges to surface waters from treatment works with a design discharge flow of less than or equal to 1,000 gallons per day on a monthly average. [ No discharge of pollutants from domestic sewage treatment works is allowed except when in compliance with the conditions of this permit. ]

B. The Director of the Department of Environmental Quality, or his designee, may perform any act of the board provided under this chapter, except as limited by § 62.1-44.14 of the Code of Virginia.

C. This general VPDES permit will become effective on August 2, 2006 2011, and it expires on August 1, 2011 2016. With respect to a particular facility, this general permit shall become effective upon the facility owner's compliance with the provisions of 9VAC25-110-60 and receipt of a copy of the general VPDES permit.

9VAC25-110-60. Authorization to discharge.

A. Any owner of a treatment works governed by this general permit is hereby authorized to discharge treated domestic sewage to surface waters of the Commonwealth of Virginia provided that the:

1. The owner has filed with the department the submits a registration statement described, if required to do so, in accordance with 9VAC25-110-70, has complied and that registration statement is accepted by the [ department board ];

2. The owner complies with the effluent limitations and other requirements of 9VAC25-110-80, and has complied with all the following conditions:; and

3. The [ owner board ] has not [ been ] notified [ by the department that authorization is denied the owner, ] in accordance with subsection B of this section [ , that the discharge is not eligible for coverage under this permit ].

B. The [ department board ] will notify an owner [ of denial of authorization that the discharge is not eligible for coverage under this permit ] in the event of any of the following:

1. The owner shall not have been is required to obtain an individual VPDES permit as may be required in accordance with 9VAC25-31-170 B 3 of the VPDES Permit Regulation;

2. The owner shall not be authorized by this general permit is proposing to discharge to surface waters specifically named in other board regulations [ or policies ] that prohibit such discharges;

3. The owner shall not be authorized by this general permit is proposing to discharge to surface waters in an area where there are central sewage facilities reasonably available, as determined by the [ department board ]; and

4. The owner of any proposed treatment works or any treatment works that has not previously been issued a valid VPDES permit shall have has applied to the Virginia Department of Health for an onsite sewage disposal system permit, and the Virginia Department of Health must have has determined that [ there is ] no [ technology an onsite system is ] available to serve that parcel of land [ with an onsite system ];

5. The discharge would violate the antidegradation policy stated in 9VAC25-260-30 of the Virginia Water Quality Standards; or

6. A TMDL (board adopted, EPA approved, or EPA imposed) contains [ a an individual ] WLA for the facility, unless this general permit specifically addresses the TMDL pollutant of concern and the permit limits are at least as stringent as those required by the TMDL WLA.

B. Receipt of C. Compliance with this general permit constitutes compliance with the Clean Water Act, the State Water Control Law, and applicable regulations under either, with the exceptions stated in 9VAC25-31-60 of the VPDES Permit Regulation. Approval for coverage under this general VPDES permit does not relieve any owner of the responsibility to comply with any other applicable federal, state or local statute, ordinance or regulation, including applicable regulations, for owners of sewage treatment works that serve individual single family dwellings, the Alternative Discharging Sewage Treatment Regulations for Individual Single Family Dwellings (12VAC5-640) of the Virginia Department of Health adopted pursuant to §§ 32.1-12, 32.1-163, and 32.1-164 of the Code of Virginia and, for any owner owners of sewage treatment works that serve nonsingle family dwellings, the Sewage Collection and Treatment Regulations (9VAC25-790) adopted by the State Water Control Board pursuant to § 62.1-44.18 of the Code of Virginia.

D. Continuation of permit coverage.

1. Any owner that was authorized to discharge under the general permit issued in 2006, and who is required to and submits a complete registration statement on or before August 1, 2011, is authorized to continue to discharge treated domestic sewage under the terms of the 2006 general permit until such time as the [ department board ] either:

a. Issues coverage to the owner under this general permit; or

b. Notifies the owner that coverage under this permit is denied.

2. When the [ facility owner ] that was covered under the expiring or expired general permit [ is not in compliance with has violated or is violating ] the conditions of that permit, the board may choose to do any or all of the following:

a. Initiate enforcement action based upon the general permit which has been continued;

b. Issue a notice of intent to deny coverage under the new general permit. If the general permit coverage is denied, the owner would then be required to cease the activities authorized by the continued general permit or be subject to enforcement action for operating without a permit;

c. Issue an individual permit with appropriate conditions; or

d. Take other actions authorized by the VPDES Permit Regulation (9VAC25-31).

9VAC25-110-70. Registration statement.

A. Deadlines for submitting registration statement. The Any owner [ seeking coverage under this general permit, and who is ] required to submit a registration statement [ , ] shall file submit a complete General VPDES Permit Registration Statement in accordance with this chapter, which shall serve as a notice of intent to be covered under the general VPDES permit for domestic sewage discharges of less than or equal to 1,000 gallons per day in accordance with this chapter.

1. New facilities. Any owner proposing a new discharge shall file submit a complete registration statement with to the department at least 60 days prior to the date planned for commencing operation of the treatment works.

2. Existing facilities.

a. Any owner of an existing treatment works covered by an individual VPDES permit who is proposing to be covered by this general permit shall file notify the department [ at least 180 days prior to the expiration date of the individual VPDES permit, ] and [ shall ] submit a complete registration statement at least 180 [ 60 240 ] days prior to the expiration date of the individual VPDES permit.

b. Any owner of an existing a treatment works that was authorized to discharge under the general permit issued in 2001 shall have filed a complete registration statement prior to June 2, 2006, and who intends to continue coverage under this general permit, is automatically covered [ under by ] this general permit and is not required to submit a registration statement if:

(1) The ownership of the treatment works has not changed since the registration statement for coverage under the 2006 general permit was submitted, or, if the ownership has changed, a new registration statement or VPDES Change of Ownership form was submitted to the department at the time of the title transfer;

(2) There has been no change in the design or operation, or both, of the treatment works since the registration statement for coverage under the 2006 general permit was submitted;

(3) For treatment works serving individual single family dwellings, the Virginia Department of Health has no objection to the automatic permit coverage renewal for this treatment works based on system performance issues, enforcement issues, or other issues sufficient to the [ department board ]. If the Virginia Department of Health objects to the automatic renewal for this treatment works, the owner will be notified by the [ department board ] in writing; and

(4) For treatment works serving nonsingle family dwellings, the [ department board ] has no objection to the automatic permit coverage renewal for this treatment works based on system performance issues, or enforcement issues. If the [ department board ] objects to the automatic renewal for this treatment works, the owner will be notified in writing.

Any owner that does not qualify for automatic permit coverage renewal shall submit a complete registration statement to the department on or before June 2, 2011.

[ c. Any owner of an existing treatment works not currently covered by a VPDES permit who is proposing to be covered by this general permit shall file submit a complete registration statement by August 2, 2006 to the department.

3. New owners of existing facilities. Any new owner of an existing facility that is covered by this general permit must submit a complete registration statement or a " VPDES Change of Ownership" form to the department within 30 days of the ownership change transfer of title.

4. 3. ] Late notifications. Any owner of a new or existing facility is not precluded from submitting a registration statement after the applicable dates provided in subdivisions 1, 2 and 3 of this subsection. If a late registration statement is submitted, the owner is only authorized for discharges that occur after permit coverage is granted. The department reserves the right to take appropriate enforcement actions for any unpermitted discharges. Late registration statements will be accepted by the [ department board ], but authorization to discharge will not be retroactive.

B. Registration statement. The registration statement shall contain the following information:

1. a. Indicate if the facility served by the treatment works is a single family dwelling. If the facility is not a single family dwelling, describe the facility's use.

b. Name and location street address of the facility/residence facility served by the treatment works.

2. Name, mailing address, email address (where available), and work and home telephone numbers of the facility owner. Indicate For a dwelling, indicate if the owner is or will be the occupant of the facility dwelling.

3. Name of the water body receiving the discharge. Indicate if the discharge point is on a stream that usually flows during dry weather.

4. The amount of discharge, in gallons per day, on a monthly average, and the design flow of the treatment works, in gallons per day.

5. A description of any pollutants, other than domestic sewage, to be discharged.

6. If For a proposed treatment works, indicate if there are central sewage facilities available to serve this the facility.

7. If the facility currently has a VPDES permit. Provide , provide the permit number, if applicable. Indicate if the facility has been built and begun discharge discharging.

8. For the owner of any proposed treatment works or any treatment works that has not previously been issued a valid VPDES permit:

a. A [ 7.5 minute USGS ] topographic map or [ equivalent (e.g., a ] computer generated map [ ) ] that indicates the discharge point, the location of the property to be served by the treatment works, and the location of any wells, springs, and other water bodies, or downstream and any residences within 1/2 mile downstream from the discharge point;

b. A site diagram of the existing or proposed sewage treatment works; and including to include the property boundaries, the location of the facility/residence facility or dwelling to be served, the individual sewage treatment units, the receiving water body, and the discharge line location; and

c. A copy of the notification from the Virginia Department of Health that an onsite sewage disposal system permit has been applied for and that the Virginia Department of Health has determined that there is no [ technology onsite system ] available to serve that parcel of land [ with an onsite system ].

9. Maintenance contract.

a. For the owner of [ an existing a ] treatment works serving an individual single family dwelling, [ provide indicate if a valid maintenance contract has been obtained in accordance with the requirements in 12VAC5-640-500, or if an variance to the maintenance contract requirement has been requested and granted by the Virginia Department of Health. Provide ] the name of the individual or company contracted to perform the treatment works maintenance [ , ] and the expiration date of the current contract [ , if applicable. If the treatment works has not been constructed yet, provide the name after construction is complete and prior to starting the treatment plant operation.

Indicate if a monitoring contract has been obtained in accordance with the requirements in 12VAC5-640-490 F, or if the monitoring contract requirement has been waived by the Virginia Department of Health, or if the monitoring requirements are included as part of the maintenance contract. Provide the name of the individual or company contracted to perform the treatment works monitoring and the expiration date of the current contract, if applicable. If the treatment works has not been constructed yet, provide the name after construction is complete and prior to starting the treatment plant operation ];

b. For the owner of any [ an existing a ] treatment works serving a nonsingle family dwelling, indicate if a valid maintenance contract has been obtained, or if an exception to the maintenance contract requirement has been requested and granted in accordance with subdivision 10 of this subsection. Provide the name of the contract provider individual or company contracted to perform the treatment works maintenance [ , ] and the expiration date of the current contract, if applicable. [ If the treatment works has not been constructed yet, provide the name after the certificate to construct (CTC) is issued, and prior to requesting a certificate to operate (CTO). ] A valid maintenance contract shall provide for the following:

a. (1) Performance of all testing required in accordance with either 9VAC25-110-80 Part I A or Part I B, as appropriate, and periodic (at least annual) inspections of the treatment works. Note: The treatment works should be sampled during normal discharging operations or normal discharging conditions (i.e., operations that are normal for that facility). The owner or maintenance provider should not force a discharge in order to collect a sample;

b. (2) A written notification to the owner within 24 hours whenever the contract provider becomes aware that maintenance or repair of the owner's treatment works is necessary. The owner is responsible for prompt maintenance and repair of the treatment works including all costs associated with the maintenance or repair. Immediately upon receipt of notice that repair or maintenance is required, the owner shall begin emergency pump and haul of all sewage generated in from the facility or dwelling if full and complete repairs cannot be accomplished within 48 hours.

c. (3) A log of the following items will shall be maintained by the contract provider for as long as the contract is in force:

(1) (a) Results of all tests and sampling. Note: If sampling is attempted, but no sample was taken or possible, the log shall show all sampling attempts, and document and explain why no sample was taken or possible;

(2) (b) Alarm activation incidents;

(3) (c) Maintenance, corrective, or repair activities performed;

(4) (d) Recommended repair or replacement items; and

(5) (e) Copies of all reports prepared by the contract provider.

d. (4) An inspection will shall be conducted by the contract provider within 48 hours after notification by the owner that a problem may be occurring; and

e. A (5) The maintenance contract [ shall be kept in force during the entire permit term, and ] shall be valid for a minimum of 24 months of consecutive coverage under the maintenance contract.

10. The owner of any [ an existing a ] treatment works serving a nonsingle family dwelling may request an exception to the maintenance contract requirement by submitting an operation and maintenance plan to the [ department board ] for review and approval. If an operation and maintenance plan has been approved by the [ department board ] previously and remains current and complete, then it does not need to be resubmitted. In such cases, the owner shall provide the date of approval of the operation and maintenance plan, and identify any changes that have been made to the approved operation and maintenance plan. At a minimum, the operation and maintenance plan shall contain the following information:

a. An up-to-date operation and maintenance manual for the treatment works;

b. A log of all maintenance performed on the plant treatment works including, but not limited to, the following:

(1) The date and amount of disinfection chemicals added to the chlorinator.

(2) If dechlorination is used, the date and amount of any dechlorination chemicals that are added.

(3) The date and time of equipment failure(s) and the date and time the equipment was restored to service.

(4) The date and approximate volume of sludge removed.

(5) Results of all tests and sampling. Note: If sampling is attempted, but no sample was taken or possible, the log shall show all sampling attempts, and document and explain why no sample was taken or possible;

c. Dated receipts for chemicals purchased, equipment purchased, and maintenance performed; and

d. An effluent monitoring plan in accordance to conform with the requirements of 9VAC25-110-80 Part I A or Part I B, as appropriate, including all sample collection, preservation, and analysis procedures. Note: The treatment works should be sampled during normal discharging operations or normal discharging conditions (i.e., operations that are normal for that facility). The owner or maintenance provider should not force a discharge in order to collect a sample.

11. The following certification: "I hereby grant to duly authorized agents of the Department of Environmental Quality, upon presentation of credentials, permission to enter the property where the treatment works is located for the purpose of determining compliance with or the suitability of coverage under the General Permit. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."

The registration statement shall be signed in accordance with the requirements of 9VAC25-31-110.

9VAC25-110-80. General permit.

Any owner whose registration statement is accepted by the board will receive the following permit and, or whose permit coverage is automatically renewed, shall comply with the requirements contained therein herein and be subject to all requirements of 9VAC25-31-170.

General Permit No.: VAG40
Effective Date: August 2, 2006 2011
Expiration Date: August 1, 2011 2016

GENERAL PERMIT FOR DOMESTIC SEWAGE DISCHARGES OF LESS THAN OR EQUAL TO 1,000 GALLONS PER DAY

AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW

In compliance with the provisions of the Clean Water Act (33 USC § 1251 et seq.), as amended, and pursuant to the State Water Control Law and regulations adopted pursuant thereto, owners of treatment works with domestic sewage discharges of a design flow of less than or equal to 1,000 gallons per day on a monthly average are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those waters specifically named in board regulations [ or policies ] that prohibit such discharges.

The authorized discharge shall be in accordance with this cover page, Part I-Effluent Limitations, Monitoring Requirements and Special Conditions, and Part II-Conditions Applicable to All VPDES Permits, as set forth herein.


Part I
Effluent Limitations, Monitoring Requirements and Special Conditions

A. Effluent limitations and monitoring requirements—receiving waters where the 7Q10 flows are less than 0.2 MGD.

1. During the period beginning with the permit's effective date and lasting until the permit's expiration date, the permittee is authorized to discharge from outfall number 001 to receiving waters where the 7Q10 flows are less than 0.2 MGD.

The discharge shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS

Instantaneous Minimum

Instantaneous Maximum

Frequency

Sample Type

Flow (MGD) * (1)

NA

NL

1/year

Estimate

BOD5

NA

30 mg/l

1/year

Grab

Total Suspended Solids

NA

30 mg/l

1/year

Grab

Total Residual Chlorine ** (2)

After contact tank

1.0 mg/l

NA

1/year

Grab

Final effluent

NA

0.016 mg/l

1/year

Grab

E. coli *** (3)

NA

235/100 [ 126/100 235/100 ] ml

1/year

Grab

enterococci **** (4)

NA

104/100 [ 35/100 104/100 ] ml

1/year

Grab

Fecal Coliform Bacteria ***** (5)

NA

200/100 ml

1/year

Grab

pH (standard units)

6.0

9.0

1/year

Grab

Dissolved Oxygen

5.0 mg/l

NA

1/year

Grab

NL = No Limitation, monitoring required

NA = Not Applicable

* (1) The design flow of this treatment facility is less than or equal to 1,000 gallons per day.

** (2) Applies only when chlorine is used for disinfection and the discharge is in into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). The quantification level of chlorine shall be 0.1 mg/l.

*** (3) Applies only when methods other than chlorine are used for disinfection and the discharge is in into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). Continuous When the facility is discharging, continuous disinfection capability shall be provided in order to maintain this effluent limit.

**** (4) Applies only when the discharge is in into saltwater or the transition zone (see 9VAC25-260-140 C for the classes of waters and boundary designations). Continuous When the facility is discharging, continuous disinfection capability shall be provided in order to maintain this effluent limit.

***** (5) Applies only when the discharge is in into shellfish water waters (see 9VAC25-260-160 for the description of what are shellfish waters). Continuous When the facility is discharging, continuous disinfection capability shall be provided in order to maintain this effluent limit.

2. All monitoring data required by Part I A 1 shall be maintained on site in accordance with Part II B. Reporting of results to DEQ is not required; however, the monitoring results shall be made available to DEQ [ or Virginia Department of Health ] personnel upon request. [ Monitoring results for treatment works serving individual single family dwellings shall be submitted to the Virginia Department of Health in accordance with 12VAC5-640. ]

3. 40 CFR 133.102(c) requires that the The 30-day average percent removal for BOD5 and total suspended solids shall not be less than 85%.

Part I
Effluent Limitations Monitoring Requirements and Special Conditions

A. B. Effluent limitations and monitoring requirements—receiving waters where the 7Q10 flows are equal to or greater than 0.2 MGD.

1. During the period beginning with the permit's effective date and lasting until the permit's expiration date, the permittee is authorized to discharge from outfall number 001 to receiving waters where the 7Q10 flows are equal to or greater than 0.2 MGD.

The discharge shall be limited and monitored by the permittee as specified below:EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS

Instantaneous Minimum

Instantaneous Maximum

Frequency

Sample Type

Flow (MGD) * (1)

NA

NL

1/year

Estimate

BOD5

NA

30 mg/l

1/year

Grab

Total Suspended Solids

NA

30 mg/l

1/year

Grab

Total Residual Chlorine ** (2)

Final effluent

1.0 mg/l

2.0 mg/l

1/year

Grab

E. coli *** (3)

NA

235/100 [ 126/100 235/100 ] ml

1/year

Grab

enterococci **** (4)

NA

104/100 [ 35/100 104/100 ] ml

1/year

Grab

Fecal Coliform Bacteria ***** (5)

NA

200/100 ml

1/year

Grab

pH (standard units)

6.0

9.0

1/year

Grab

NL = No Limitation, monitoring required

NA = Not Applicable

* (1) The design flow of this treatment facility is less than or equal to 1,000 gallons per day.

** (2) Applies only when chlorine is used for disinfection and the discharge is in into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations).

*** (3) Applies only when methods other than chlorine are used for disinfection and the discharge is in into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). Continuous When the facility is discharging, continuous disinfection capability shall be provided in order to maintain this effluent limit.

**** (4) Applies only when the discharge is in into saltwater or the transition zone (see 9VAC25-260-140 C for the classes of waters and boundary designations). Continuous When the facility is discharging, continuous disinfection capability shall be provided in order to maintain this effluent limit.

***** (5) Applies only when the discharge is in into shellfish water waters (see 9VAC25-260-160 for the description of what are shellfish waters). Continuous When the facility is discharging, continuous disinfection capability shall be provided in order to maintain this effluent limit.


2. All monitoring data required by Part I A B 1 shall be maintained on site in accordance with Part II B. Reporting of results to DEQ is not required; however, the monitoring results shall be made available to DEQ [ or Virginia Department of Health ] personnel upon request. [ Monitoring results for treatment works serving individual single family dwellings shall be submitted to the Virginia Department of Health in accordance with 12VAC5-640. ]

3. 40 CFR 133.102(c) requires that the The 30-day average percent removal for BOD5 and total suspended solids shall not be less than 85%.

B. C. Special conditions.

1. There shall be no discharge of floating solids or visible foam in other than trace amounts.

2. Schedule of compliance. This compliance schedule shall be allowed only for treatment works that were existing as of their dates of coverage under this general permit. Treatment works constructed after their dates of coverage are expected to comply with the limitations and conditions

of the general permit from the date of operation. For existing facilities that require upgrades, the permittee shall install equipment or unit processes or make other physical modifications to the treatment works that are necessary to achieve compliance with the limitations and conditions of this permit within 180 days of the date of coverage under the permit. The modifications shall not be initiated until written authorization is first provided by the Virginia Department of Health or DEQ. The permittee shall submit to the DEQ Regional Office a written notice certifying completion of any necessary modifications on or before the 180-day compliance deadline. If the permittee is unable to meet the deadline, a written notice shall be submitted that shall include the cause of the delay, any actions taken to eliminate the delay, and the projected date for compliance.

3. 2. Maintenance contract.

a. Treatment works serving individual single family dwellings. [ The Virginia Department of Health regulations at 12VAC5-640-500 require maintenance contracts for treatment works serving individual single family dwellings. ]

(1) For existing treatment works, the permittee shall keep a maintenance contract in force during the permit term [ , unless the permittee has been granted a variance from the maintenance contract requirement by the Virginia Department of Health ] . A copy of the maintenance contract [ , if applicable, ] shall be [ maintained kept ] at the site of [ the ] treatment works and shall be made available to DEQ or to the Virginia Department of Health for examination upon request. [ The permittee is also responsible for ensuring that the local health department has a current copy of a valid maintenance agreement in accordance with 12VAC5-640-500 B. ]

(2) For proposed treatment works, the permittee shall submit a copy of a valid maintenance contract to both DEQ and the Virginia Department of Health prior to operation of the treatment works [ unless the permittee has been granted a variance from the maintenance contract requirement by the Virginia Department of Health ]. The maintenance contract shall be kept in force during the permit term [ , maintained . A copy of the maintenance contract, if applicable, shall be kept ] at the site of treatment works, and made available to DEQ or the Virginia Department of Health for examination upon request. [ The permittee is also responsible for ensuring that the local health department has a current copy of a valid maintenance agreement in accordance with 12VAC5-640-500 B. ]

(3) At a minimum, the maintenance contract shall provide for the following:

(a) Performance of all testing required in [ either Part I A or Part I B of this permit, as appropriate, and in ] the Alternative Discharging Sewage Treatment Regulations for Individual Single Family Dwellings, 12VAC5-640-490 B, unless the owner maintains a separate monitoring contract in accordance with 12VAC5-640-490 F. Note: The treatment works should be sampled during normal discharging operations or normal discharging conditions (i.e., operations that are normal for that facility). The owner or maintenance provider should not force a discharge in order to collect a sample;

(b) A written notification to the owner within 24 hours whenever the contract provider becomes aware that maintenance or repair of the owner's treatment works is necessary. The owner is responsible for prompt maintenance and repair of the treatment works including all costs associated with the maintenance or repair. Immediately upon receipt of notice that repair or maintenance is required, the owner shall begin emergency pump and haul of all sewage generated in the dwelling if full and complete repairs cannot be accomplished within 48 hours; and

(c) The maintenance contract shall be valid for a minimum of 24 months of consecutive coverage.

b. Treatment works serving nonsingle family dwellings.

(1) For existing treatment works, the permittee shall maintain keep a maintenance contract in force during the permit term, unless an exception to the maintenance contract requirement has been requested and granted in accordance with Part I B 4 C 3. A copy of [ a valid the ] maintenance contract [ , if applicable, ] shall be [ maintained kept ] at the site of [ the ] treatment works and made available to DEQ or to the Virginia Department of Health for examination upon request.

(2) For proposed treatment works, the permittee shall submit a copy of a valid maintenance contract to DEQ prior to operation of the treatment works, unless an exception to the maintenance contract requirement has been requested and granted in accordance with Part I B 4 C 3. [ The maintenance contract shall be kept in force during the permit term. A copy of the maintenance contract shall be kept at the site of treatment works, and shall be made available to DEQ for examination upon request. ]

The (3) At a minimum, the maintenance contract shall provide for the following:

a. (a) Performance of all testing required in accordance with either Part I A or Part I B, as appropriate, and periodic (at least annual) inspections of the treatment works. Note: The treatment works should be sampled during normal discharging operations or normal discharging conditions (i.e., operations that are normal for that facility). The owner or maintenance provider should not force a discharge in order to collect a sample;

b. (b) A written notification to the owner within 24 hours whenever the contract provider becomes aware that maintenance or repair of the owner's treatment works is necessary. The owner is responsible for prompt maintenance and repair of the treatment works including all costs associated with the maintenance or repair. Immediately upon receipt of notice that repair or maintenance is required, the owner shall begin emergency pump and haul of all sewage generated in from the facility or dwelling if full and complete repairs cannot be accomplished within 48 hours;

c. (c) A log of the following items will shall be maintained by the contract provider:

(1) (i) Results of all tests and sampling. Note: If sampling is attempted, but no sample was taken or possible, the log shall show all sampling attempts, and document and explain why no sample was taken or possible;

(2) (ii) Alarm activation incidents;

(3) (iii) Maintenance, corrective, or repair activities performed;

(4) (iv) Recommended repair or replacement items; and

(5) (v) Copies of all reports prepared by the contract provider;

d. (d) An inspection will shall be conducted by the contract provider within 48 hours after notification by the owner that a problem may be occurring; and

e. A (e) The maintenance contract shall be valid for a minimum of 24 months of consecutive coverage under the maintenance contract.

4. 3. Operation and maintenance plan. The owner of any treatment works serving a nonsingle family dwelling may request an exception to the maintenance contract requirement by submitting an operation and maintenance plan to [ DEQ the board ] for review and approval. At a minimum, the operation and maintenance plan shall contain the following information:

a. An up-to-date operation and maintenance manual for the treatment works;

b. A log of all maintenance performed on the plant treatment works including, but not limited to, the following:

(1) The date and amount of disinfection chemicals added to the chlorinator.

(2) If dechlorination is used, the date and amount of any dechlorination chemicals that are added.

(3) The date and time of equipment failure(s) and the date and time the equipment was restored to service.

(4) The date and approximate volume of sludge removed.

(5) Results of all tests and sampling. Note: If sampling is attempted, but no sample was taken or possible, the log shall show all sampling attempts, and document and explain why no sample was taken or possible;

c. Dated receipts for chemicals purchased, equipment purchased, and maintenance performed; and

d. An effluent monitoring plan in accordance to conform with the requirements of Part I A or Part I B, as appropriate, including all sample collection, preservation, and analysis procedures. Note: The treatment works should be sampled during normal discharging operations or normal discharging conditions (i.e., operations that are normal for that facility). The owner or maintenance provider should not force a discharge in order to collect a sample.

Should the permittee fail to implement the approved operation and maintenance plan, or if there are violations of effluent limitations, [ DEQ the board ] reserves the right to require the permittee to obtain a maintenance contract.

4. Compliance recordkeeping under Part I A and Part I B.

a. The quantification levels (QL) shall be less than or equal to the following concentrations:

Effluent Parameter

Quantification Level

BOD5

2.0 mg/l

TSS

1.0 mg/l

Chlorine

0.10 mg/l

The QL is defined as the lowest concentration used to calibrate a measurement system in accordance with the procedures published for the test method.

b. Recording results. Any concentration data below the QL used in the analysis shall be recorded as "<QL" if it is less than the QL in subdivision a. Otherwise the numerical value shall be recorded.

c. Monitoring results shall be recorded using the same number of significant digits as listed in the permit. Regardless of the rounding convention used by the permittee (e.g., 5 always rounding up or to the nearest even number), the permittee shall use the convention consistently, and shall ensure that consulting laboratories employed by the permittee use the same convention.

5. The discharges authorized by this permit shall be controlled as necessary to meet water quality standards.

Part II
Conditions Applicable to all VPDES Permits

A. Monitoring.

1. Samples and measurements taken as required by this permit shall be representative of the monitored activity.

2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit.

3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will ensure accuracy of measurements.

B. Records.

1. Records of monitoring information shall include:

a. The date, exact place, and time of sampling or measurements;

b. The individual(s) who performed the sampling or measurements;

c. The date(s) and time(s) analyses were performed;

d. The individual(s) who performed the analyses;

e. The analytical techniques or methods used; and

f. The results of such analyses.

2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the registration statement for this permit, for a period of at least three years from the date of the sample, measurement, report or request for coverage. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the board.

C. Reporting monitoring results. Monitoring results under this permit are not required to be submitted to the department. However, should the [ department board ] request that the permittee submit monitoring results, the following subsections would apply.

1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.

2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the department.

3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted on the DMR or reporting form specified by the department.

4. Calculations for all limitations that require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.

D. Duty to provide information. The permittee shall furnish to the department, within a reasonable time, any information that the board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The board may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the department, upon request, copies of records required to be kept by this permit.

E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.

F. Unauthorized discharges. Except in compliance with this permit, or another permit issued by the board, it shall be unlawful for any person to:

1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or

2. Otherwise alter the physical, chemical or biological properties of such state waters and make them detrimental to the public health, to animal or aquatic life, to the use of such waters for domestic or industrial consumption, for recreation, or for other uses.

G. Reports of unauthorized discharges. Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon state waters in violation of Part II F, or who discharges or causes or allows a discharge that may reasonably be expected to enter state waters in violation of Part II F, shall notify the department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the department within five days of discovery of the discharge. The written report shall contain:

1. A description of the nature and location of the discharge;

2. The cause of the discharge;

3. The date on which the discharge occurred;

4. The length of time that the discharge continued;

5. The volume of the discharge;

6. If the discharge is continuing, how long it is expected to continue;

7. If the discharge is continuing, what the expected total volume of the discharge will be; and

8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit.

Discharges reportable to the department under the immediate reporting requirements of other regulations are exempted from this requirement.

H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter state waters, the permittee shall promptly notify, in no case later than 24 hours, the department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse affects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the department within five days of discovery of the discharge in accordance with Part II I 2. Unusual and extraordinary discharges include, but are not limited to, any discharge resulting from:

1. Unusual spillage of materials resulting directly or indirectly from processing operations;

2. Breakdown of processing or accessory equipment;

3. Failure or taking out of service some or all of the treatment works; and

4. Flooding or other acts of nature.

I. Reports of noncompliance. The permittee shall report any noncompliance that may adversely affect state waters or may endanger public health.

1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information that shall be reported within 24 hours under this paragraph:

a. Any unanticipated bypass; and

b. Any upset that causes a discharge to surface waters.

2. A written report shall be submitted within five days and shall contain:

a. A description of the noncompliance and its cause;

b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and

c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

The board may waive the written report on a case-by-case basis for reports of noncompliance under Part II I if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.

3. The permittee shall report all instances of noncompliance not reported under Part II I 1 or 2, in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part II I 2.

NOTE: The immediate (within 24 hours) reports required in Parts II G, H, and I may be made to the department's regional office. Reports may be made by telephone or by fax. For reports outside normal working hours, leave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Management maintains a 24-hour telephone service at 1-800-468-8892.

J. Notice of planned changes.

1. The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:

a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:

(1) After promulgation of standards of performance under Section 306 of Clean Water Act that are applicable to such source; or

(2) After proposal of standards of performance in accordance with Section 306 of Clean Water Act that are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within 120 days of their proposal;

b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or

c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan.

2. The permittee shall give advance notice to the department of any planned changes in the permitted facility or activity that may result in noncompliance with permit requirements.

K. Signatory requirements.

1. Registration statement. All registration statements shall be signed as follows:

a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or other actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or

c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) the chief executive officer of the agency or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

2. Reports, etc. All reports required by permits, and other information requested by the board shall be signed by a person described in Part II K 1 or by a duly authorized representative of that person. A person is a duly authorized representative only if:

a. The authorization is made in writing by a person described in Part II K 1;

b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and

c. The written authorization is submitted to the department.

3. Changes to authorization. If an authorization under Part II K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part II K 2 shall be submitted to the department prior to or together with any reports, or information to be signed by an authorized representative.

4. Certification. Any person signing a document under Part II K 1 or 2 shall make the following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

L. Duty to comply. The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application.

The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under Section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement.

M. Duty to reapply.

1. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, and the permittee does not qualify for automatic permit coverage renewal, the permittee shall submit a new registration statement at least 180 60 days before the expiration date of the existing permit, unless permission for a later date has been granted by the board. The board shall not grant permission for registration statements to be submitted later than the expiration date of the existing permit.

2. A permittee qualifies for automatic permit coverage renewal and is not required to submit a registration statement if:

a. The ownership of the treatment works has not changed since this general permit went into effect on August 2, 2011, or, if the ownership has changed, a new registration statement or VPDES Change of Ownership form was submitted to the department at the time of the title transfer;

b. There has been no change in the design or operation, or both, of the treatment works since this general permit went into effect on August 2, 2011;

c. For treatment works serving individual single family dwellings, the Virginia Department of Health does not object to the automatic permit coverage renewal for this treatment works based on system performance issues, enforcement issues, or other issues sufficient to the [ department board ]. If the Virginia Department of Health objects to the automatic renewal for this treatment works, the permittee will be notified by the [ department board ] in writing; and

d. For treatment works serving nonsingle family dwellings, the [ department board ] has no objection to the automatic permit coverage renewal for this treatment works based on system performance issues, or enforcement issues. If the [ department board ] objects to the automatic renewal for this treatment works, the permittee will be notified in writing.

Any permittee that does not qualify for automatic permit coverage renewal shall submit a new registration statement in accordance with Part II M 1.

N. Effect of a permit. This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of federal, state or local law or regulations.

O. State law. Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to, any other state law or regulation or under authority preserved by Section 510 of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part II U), and "upset" (Part II V) nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance.

P. Oil and hazardous substance liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under §§ 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law.

Q. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also include effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit.

R. Disposal of solids or sludges. Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering state waters.

S. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment.

T. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

U. Bypass.

1. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. The permittee may allow any bypass to occur that does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provisions of Parts II U 2 and 3.

2. Notice.

a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible, at least 10 days before the date of the bypass.

b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II I.

3. Prohibition of bypass.

a. Bypass is prohibited, and the board may take enforcement action against a permittee for bypass, unless:

(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance; and

(3) The permittee submitted notices as required under Part II U 2.

b. The board may approve an anticipated bypass after considering its adverse effects if the board determines that it will meet the three conditions listed above in Part II U 3 a.

V. Upset.

1. An upset constitutes an affirmative defense to an action brought for noncompliance with technology-based permit effluent limitations if the requirements of Part II V 2 are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review.

2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed, contemporaneous operating logs, or other relevant evidence that:

a. An upset occurred and that the permittee can identify the cause(s) of the upset;

b. The permitted facility was at the time being properly operated;

c. The permittee submitted notice of the upset as required in Part II I; and

d. The permittee complied with any remedial measures required under Part II S.

3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.

W. Inspection and entry. The permittee shall allow the director, or an authorized representative, upon presentation of credentials and other documents as may be required by law, to:

1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;

2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any location.

For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency.

X. Permit actions. Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, termination, or notification of planned changes or anticipated noncompliance does not stay any permit condition.

Y. Transfer of permits.

1. Permits are not transferable to any person except after notice to the department. Except as provided in Part II Y 2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and the Clean Water Act.

2. As an alternative to transfers under Part II Y 1, this permit may be automatically transferred to a new permittee if:

a. The current permittee notifies the department at least within 30 days in advance of the proposed transfer of the title to the facility or property;

b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and

c. The board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part II Y 2 b.

Z. Severability. The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.

NOTICE: The following form used in administering the regulation was filed by the agency. The form is not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name to access the form. The form is also available through the agency contact or at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (9VAC25-110)

VPDES Change of Ownership Agreement Form (eff. 7/10).

VA.R. Doc. No. R09-2062; Filed January 10, 2011, 3:05 p.m
TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
Final Regulation

REGISTRAR'S NOTICE: Due to the length, the following regulations filed by the Virginia Waste Management Board (9VAC20-80, Solid Waste Management Regulations; 9VAC20-81, Solid Waste Management Regulations; and 9VAC20-101, Vegetative Waste Management and Yard Waste Composting Regulations) are not being published. However, in accordance with § 2.2-4031 of the Code of Virginia, the summary is being published in lieu of the full text. The full text of the regulation is available for public inspection at the office of the Registrar of Regulations and at the Virginia Waste Management Board (see contact information below) and is accessible on the Virginia Register of Regulations' website at http://register.dls.virginia.gov/vol27/Welcome.htm.

Titles of Regulations: 9VAC20-80. Solid Waste Management Regulations (repealing 9VAC20-80-10 through 9VAC20-80-790).

9VAC20-81. Solid Waste Management Regulations (adding 9VAC20-81-10 through 9VAC20-81-760).

9VAC20-101. Vegetative Waste Management and Yard Waste Composting Regulations (repealing 9VAC20-101-10 through 9VAC20-101-210).

Statutory Authority: § 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Effective Date: March 16, 2011.

Agency Contact: Cindy Berndt, Regulatory Coordinator, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4378, FAX (804) 698-4346, or email cindy.berndt@deq.virginia.gov.

Summary:

This action recodifies the Virginia Solid Waste Management Regulations and incorporates the Vegetative Waste and Yard Waste Composting Regulations into the regulations. The regulations (i) no longer necessitate a full permit application for changes made to the operations manual of a solid waste facility; (ii) remove the composting facility capacity limit for a full permit and allow a facility to obtain a permit by rule; (iii) reduce the number of permit modifications considered major; (iv) add new standards for centralized sludge treatment facilities; (v) remove the Phase I groundwater monitoring; (vi) change the adoption of alternate concentration limit from a variance procedure to an approval procedure; (vii) modify language to conform to existing statutes and add citations to federal regulations; (viii) add a preapproved alternate liner to eliminate the variance process for those alternate liners routinely approved; (ix) make composting permitting requirements less burdensome; and (x) format, reorganize, and edit the regulations to improve clarity and streamline the flow of language.

Substantive changes made to the proposed regulation include the addition of four definitions. The four definitions are "land clearing activities," "land clearing debris," "landfill mining," and "institutional waste." Another substantive change is the removal of the requirement in 9VAC20-81-570 A 10 that would have resulted in permit revocation if the facility was not constructed within five years of obtaining the permit.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: The following regulation filed by the State Water Control Board is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 8 of the Code of Virginia, which exempts general permits issued by the State Water Control Board pursuant to the State Water Control Law (§ 62.1-44.2 et seq.), Chapter 24 (§ 62.1-242 et seq.) of Title 62.1, and Chapter 25 (§ 62.1-254 et seq.) of Title 62.1 if the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of § 2.2-4007.01; (ii) following the passage of 30 days from the publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stakeholders, including potentially affected citizens groups, to assist in the development of the general permit; (iii) provides notice and receives oral and written comment as provided in § 2.2-4007.03; and (iv) conducts at least one public hearing on the proposed general permit.

Title of Regulation: 9VAC25-110. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day (amending 9VAC25-110-10, 9VAC25-110-20, 9VAC25-110-60, 9VAC25-110-70, 9VAC25-110-80).

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

Effective Date: August 2, 2011.

Agency Contact: George Cosby, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4067, FAX (804) 698-4032, or email george.cosby@deq.virginia.gov.

Summary:

This regulatory action amends and reissues the existing VPDES general permit that expires on August 1, 2011, which will continue the existence of the general permit that establishes limitations and monitoring requirements for domestic sewage discharges of less than or equal to 1,000 gallons per day. The substantive changes (i) add two reasons why the department would deny coverage under the general permit; (ii) allow owners of currently permitted facilities to be automatically covered without requiring the owner to submit a new registration statement under certain conditions; (iii) clarify that maintenance contracts are required for treatment works serving individual single family dwellings; and (iv) clarify the footnotes to the effluent limits table regarding "shellfish waters." Since publication of the proposed regulation (i) a provision was added that maintenance contracts are required by Virginia Department of Health (VDH) regulations and must be kept in force for the life of the permit, unless the owner received a VDH variance; (ii) changes were made to the bacteria effluent limits in 9VAC25-110-80 Part I A 1 and Part I B 1; and (iii) certain editorial changes were made.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

9VAC25-110-10. Definitions.

The words and terms used in this chapter shall have the same meanings as given in the State Water Control Law, Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia and the VPDES Permit Regulation (9VAC25-31), unless the context clearly indicates otherwise, except that for the purposes of this chapter:

"7Q10" means the lowest flow averaged over a period of seven consecutive days that can be statistically expected to occur once every 10 climatic years.

"Climatic year" means a year beginning on April 1 and ending on March 31.

"DEQ" means the Virginia Department of Environmental Quality or the department.

"Domestic sewage" means the water-carried human wastes from residences, buildings, industrial establishments or other places.

"Total maximum daily load" or "TMDL" means a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs) for point source discharges, and load allocations (LAs) for nonpoint sources or natural background or both, and must include a margin of safety (MOS) and account for seasonal variations.

9VAC25-110-20. Purpose; delegation of authority; effective date of permit.

A. This general permit regulation governs domestic sewage discharges to surface waters from treatment works with a design discharge flow of less than or equal to 1,000 gallons per day on a monthly average. [ No discharge of pollutants from domestic sewage treatment works is allowed except when in compliance with the conditions of this permit. ]

B. The Director of the Department of Environmental Quality, or his designee, may perform any act of the board provided under this chapter, except as limited by § 62.1-44.14 of the Code of Virginia.

C. This general VPDES permit will become effective on August 2, 2006 2011, and it expires on August 1, 2011 2016. With respect to a particular facility, this general permit shall become effective upon the facility owner's compliance with the provisions of 9VAC25-110-60 and receipt of a copy of the general VPDES permit.

9VAC25-110-60. Authorization to discharge.

A. Any owner of a treatment works governed by this general permit is hereby authorized to discharge treated domestic sewage to surface waters of the Commonwealth of Virginia provided that the:

1. The owner has filed with the department the submits a registration statement described, if required to do so, in accordance with 9VAC25-110-70, has complied and that registration statement is accepted by the [ department board ];

2. The owner complies with the effluent limitations and other requirements of 9VAC25-110-80, and has complied with all the following conditions:; and

3. The [ owner board ] has not [ been ] notified [ by the department that authorization is denied the owner, ] in accordance with subsection B of this section [ , that the discharge is not eligible for coverage under this permit ].

B. The [ department board ] will notify an owner [ of denial of authorization that the discharge is not eligible for coverage under this permit ] in the event of any of the following:

1. The owner shall not have been is required to obtain an individual VPDES permit as may be required in accordance with 9VAC25-31-170 B 3 of the VPDES Permit Regulation;

2. The owner shall not be authorized by this general permit is proposing to discharge to surface waters specifically named in other board regulations [ or policies ] that prohibit such discharges;

3. The owner shall not be authorized by this general permit is proposing to discharge to surface waters in an area where there are central sewage facilities reasonably available, as determined by the [ department board ]; and

4. The owner of any proposed treatment works or any treatment works that has not previously been issued a valid VPDES permit shall have has applied to the Virginia Department of Health for an onsite sewage disposal system permit, and the Virginia Department of Health must have has determined that [ there is ] no [ technology an onsite system is ] available to serve that parcel of land [ with an onsite system ];

5. The discharge would violate the antidegradation policy stated in 9VAC25-260-30 of the Virginia Water Quality Standards; or

6. A TMDL (board adopted, EPA approved, or EPA imposed) contains [ a an individual ] WLA for the facility, unless this general permit specifically addresses the TMDL pollutant of concern and the permit limits are at least as stringent as those required by the TMDL WLA.

B. Receipt of C. Compliance with this general permit constitutes compliance with the Clean Water Act, the State Water Control Law, and applicable regulations under either, with the exceptions stated in 9VAC25-31-60 of the VPDES Permit Regulation. Approval for coverage under this general VPDES permit does not relieve any owner of the responsibility to comply with any other applicable federal, state or local statute, ordinance or regulation, including applicable regulations, for owners of sewage treatment works that serve individual single family dwellings, the Alternative Discharging Sewage Treatment Regulations for Individual Single Family Dwellings (12VAC5-640) of the Virginia Department of Health adopted pursuant to §§ 32.1-12, 32.1-163, and 32.1-164 of the Code of Virginia and, for any owner owners of sewage treatment works that serve nonsingle family dwellings, the Sewage Collection and Treatment Regulations (9VAC25-790) adopted by the State Water Control Board pursuant to § 62.1-44.18 of the Code of Virginia.

D. Continuation of permit coverage.

1. Any owner that was authorized to discharge under the general permit issued in 2006, and who is required to and submits a complete registration statement on or before August 1, 2011, is authorized to continue to discharge treated domestic sewage under the terms of the 2006 general permit until such time as the [ department board ] either:

a. Issues coverage to the owner under this general permit; or

b. Notifies the owner that coverage under this permit is denied.

2. When the [ facility owner ] that was covered under the expiring or expired general permit [ is not in compliance with has violated or is violating ] the conditions of that permit, the board may choose to do any or all of the following:

a. Initiate enforcement action based upon the general permit which has been continued;

b. Issue a notice of intent to deny coverage under the new general permit. If the general permit coverage is denied, the owner would then be required to cease the activities authorized by the continued general permit or be subject to enforcement action for operating without a permit;

c. Issue an individual permit with appropriate conditions; or

d. Take other actions authorized by the VPDES Permit Regulation (9VAC25-31).

9VAC25-110-70. Registration statement.

A. Deadlines for submitting registration statement. The Any owner [ seeking coverage under this general permit, and who is ] required to submit a registration statement [ , ] shall file submit a complete General VPDES Permit Registration Statement in accordance with this chapter, which shall serve as a notice of intent to be covered under the general VPDES permit for domestic sewage discharges of less than or equal to 1,000 gallons per day in accordance with this chapter.

1. New facilities. Any owner proposing a new discharge shall file submit a complete registration statement with to the department at least 60 days prior to the date planned for commencing operation of the treatment works.

2. Existing facilities.

a. Any owner of an existing treatment works covered by an individual VPDES permit who is proposing to be covered by this general permit shall file notify the department [ at least 180 days prior to the expiration date of the individual VPDES permit, ] and [ shall ] submit a complete registration statement at least 180 [ 60 240 ] days prior to the expiration date of the individual VPDES permit.

b. Any owner of an existing a treatment works that was authorized to discharge under the general permit issued in 2001 shall have filed a complete registration statement prior to June 2, 2006, and who intends to continue coverage under this general permit, is automatically covered [ under by ] this general permit and is not required to submit a registration statement if:

(1) The ownership of the treatment works has not changed since the registration statement for coverage under the 2006 general permit was submitted, or, if the ownership has changed, a new registration statement or VPDES Change of Ownership form was submitted to the department at the time of the title transfer;

(2) There has been no change in the design or operation, or both, of the treatment works since the registration statement for coverage under the 2006 general permit was submitted;

(3) For treatment works serving individual single family dwellings, the Virginia Department of Health has no objection to the automatic permit coverage renewal for this treatment works based on system performance issues, enforcement issues, or other issues sufficient to the [ department board ]. If the Virginia Department of Health objects to the automatic renewal for this treatment works, the owner will be notified by the [ department board ] in writing; and

(4) For treatment works serving nonsingle family dwellings, the [ department board ] has no objection to the automatic permit coverage renewal for this treatment works based on system performance issues, or enforcement issues. If the [ department board ] objects to the automatic renewal for this treatment works, the owner will be notified in writing.

Any owner that does not qualify for automatic permit coverage renewal shall submit a complete registration statement to the department on or before June 2, 2011.

[ c. Any owner of an existing treatment works not currently covered by a VPDES permit who is proposing to be covered by this general permit shall file submit a complete registration statement by August 2, 2006 to the department.

3. New owners of existing facilities. Any new owner of an existing facility that is covered by this general permit must submit a complete registration statement or a " VPDES Change of Ownership" form to the department within 30 days of the ownership change transfer of title.

4. 3. ] Late notifications. Any owner of a new or existing facility is not precluded from submitting a registration statement after the applicable dates provided in subdivisions 1, 2 and 3 of this subsection. If a late registration statement is submitted, the owner is only authorized for discharges that occur after permit coverage is granted. The department reserves the right to take appropriate enforcement actions for any unpermitted discharges. Late registration statements will be accepted by the [ department board ], but authorization to discharge will not be retroactive.

B. Registration statement. The registration statement shall contain the following information:

1. a. Indicate if the facility served by the treatment works is a single family dwelling. If the facility is not a single family dwelling, describe the facility's use.

b. Name and location street address of the facility/residence facility served by the treatment works.

2. Name, mailing address, email address (where available), and work and home telephone numbers of the facility owner. Indicate For a dwelling, indicate if the owner is or will be the occupant of the facility dwelling.

3. Name of the water body receiving the discharge. Indicate if the discharge point is on a stream that usually flows during dry weather.

4. The amount of discharge, in gallons per day, on a monthly average, and the design flow of the treatment works, in gallons per day.

5. A description of any pollutants, other than domestic sewage, to be discharged.

6. If For a proposed treatment works, indicate if there are central sewage facilities available to serve this the facility.

7. If the facility currently has a VPDES permit. Provide , provide the permit number, if applicable. Indicate if the facility has been built and begun discharge discharging.

8. For the owner of any proposed treatment works or any treatment works that has not previously been issued a valid VPDES permit:

a. A [ 7.5 minute USGS ] topographic map or [ equivalent (e.g., a ] computer generated map [ ) ] that indicates the discharge point, the location of the property to be served by the treatment works, and the location of any wells, springs, and other water bodies, or downstream and any residences within 1/2 mile downstream from the discharge point;

b. A site diagram of the existing or proposed sewage treatment works; and including to include the property boundaries, the location of the facility/residence facility or dwelling to be served, the individual sewage treatment units, the receiving water body, and the discharge line location; and

c. A copy of the notification from the Virginia Department of Health that an onsite sewage disposal system permit has been applied for and that the Virginia Department of Health has determined that there is no [ technology onsite system ] available to serve that parcel of land [ with an onsite system ].

9. Maintenance contract.

a. For the owner of [ an existing a ] treatment works serving an individual single family dwelling, [ provide indicate if a valid maintenance contract has been obtained in accordance with the requirements in 12VAC5-640-500, or if an variance to the maintenance contract requirement has been requested and granted by the Virginia Department of Health. Provide ] the name of the individual or company contracted to perform the treatment works maintenance [ , ] and the expiration date of the current contract [ , if applicable. If the treatment works has not been constructed yet, provide the name after construction is complete and prior to starting the treatment plant operation.

Indicate if a monitoring contract has been obtained in accordance with the requirements in 12VAC5-640-490 F, or if the monitoring contract requirement has been waived by the Virginia Department of Health, or if the monitoring requirements are included as part of the maintenance contract. Provide the name of the individual or company contracted to perform the treatment works monitoring and the expiration date of the current contract, if applicable. If the treatment works has not been constructed yet, provide the name after construction is complete and prior to starting the treatment plant operation ];

b. For the owner of any [ an existing a ] treatment works serving a nonsingle family dwelling, indicate if a valid maintenance contract has been obtained, or if an exception to the maintenance contract requirement has been requested and granted in accordance with subdivision 10 of this subsection. Provide the name of the contract provider individual or company contracted to perform the treatment works maintenance [ , ] and the expiration date of the current contract, if applicable. [ If the treatment works has not been constructed yet, provide the name after the certificate to construct (CTC) is issued, and prior to requesting a certificate to operate (CTO). ] A valid maintenance contract shall provide for the following:

a. (1) Performance of all testing required in accordance with either 9VAC25-110-80 Part I A or Part I B, as appropriate, and periodic (at least annual) inspections of the treatment works. Note: The treatment works should be sampled during normal discharging operations or normal discharging conditions (i.e., operations that are normal for that facility). The owner or maintenance provider should not force a discharge in order to collect a sample;

b. (2) A written notification to the owner within 24 hours whenever the contract provider becomes aware that maintenance or repair of the owner's treatment works is necessary. The owner is responsible for prompt maintenance and repair of the treatment works including all costs associated with the maintenance or repair. Immediately upon receipt of notice that repair or maintenance is required, the owner shall begin emergency pump and haul of all sewage generated in from the facility or dwelling if full and complete repairs cannot be accomplished within 48 hours.

c. (3) A log of the following items will shall be maintained by the contract provider for as long as the contract is in force:

(1) (a) Results of all tests and sampling. Note: If sampling is attempted, but no sample was taken or possible, the log shall show all sampling attempts, and document and explain why no sample was taken or possible;

(2) (b) Alarm activation incidents;

(3) (c) Maintenance, corrective, or repair activities performed;

(4) (d) Recommended repair or replacement items; and

(5) (e) Copies of all reports prepared by the contract provider.

d. (4) An inspection will shall be conducted by the contract provider within 48 hours after notification by the owner that a problem may be occurring; and

e. A (5) The maintenance contract [ shall be kept in force during the entire permit term, and ] shall be valid for a minimum of 24 months of consecutive coverage under the maintenance contract.

10. The owner of any [ an existing a ] treatment works serving a nonsingle family dwelling may request an exception to the maintenance contract requirement by submitting an operation and maintenance plan to the [ department board ] for review and approval. If an operation and maintenance plan has been approved by the [ department board ] previously and remains current and complete, then it does not need to be resubmitted. In such cases, the owner shall provide the date of approval of the operation and maintenance plan, and identify any changes that have been made to the approved operation and maintenance plan. At a minimum, the operation and maintenance plan shall contain the following information:

a. An up-to-date operation and maintenance manual for the treatment works;

b. A log of all maintenance performed on the plant treatment works including, but not limited to, the following:

(1) The date and amount of disinfection chemicals added to the chlorinator.

(2) If dechlorination is used, the date and amount of any dechlorination chemicals that are added.

(3) The date and time of equipment failure(s) and the date and time the equipment was restored to service.

(4) The date and approximate volume of sludge removed.

(5) Results of all tests and sampling. Note: If sampling is attempted, but no sample was taken or possible, the log shall show all sampling attempts, and document and explain why no sample was taken or possible;

c. Dated receipts for chemicals purchased, equipment purchased, and maintenance performed; and

d. An effluent monitoring plan in accordance to conform with the requirements of 9VAC25-110-80 Part I A or Part I B, as appropriate, including all sample collection, preservation, and analysis procedures. Note: The treatment works should be sampled during normal discharging operations or normal discharging conditions (i.e., operations that are normal for that facility). The owner or maintenance provider should not force a discharge in order to collect a sample.

11. The following certification: "I hereby grant to duly authorized agents of the Department of Environmental Quality, upon presentation of credentials, permission to enter the property where the treatment works is located for the purpose of determining compliance with or the suitability of coverage under the General Permit. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."

The registration statement shall be signed in accordance with the requirements of 9VAC25-31-110.

9VAC25-110-80. General permit.

Any owner whose registration statement is accepted by the board will receive the following permit and, or whose permit coverage is automatically renewed, shall comply with the requirements contained therein herein and be subject to all requirements of 9VAC25-31-170.

General Permit No.: VAG40
Effective Date: August 2, 2006 2011
Expiration Date: August 1, 2011 2016

GENERAL PERMIT FOR DOMESTIC SEWAGE DISCHARGES OF LESS THAN OR EQUAL TO 1,000 GALLONS PER DAY

AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW

In compliance with the provisions of the Clean Water Act (33 USC § 1251 et seq.), as amended, and pursuant to the State Water Control Law and regulations adopted pursuant thereto, owners of treatment works with domestic sewage discharges of a design flow of less than or equal to 1,000 gallons per day on a monthly average are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those waters specifically named in board regulations [ or policies ] that prohibit such discharges.

The authorized discharge shall be in accordance with this cover page, Part I-Effluent Limitations, Monitoring Requirements and Special Conditions, and Part II-Conditions Applicable to All VPDES Permits, as set forth herein.


Part I
Effluent Limitations, Monitoring Requirements and Special Conditions

A. Effluent limitations and monitoring requirements—receiving waters where the 7Q10 flows are less than 0.2 MGD.

1. During the period beginning with the permit's effective date and lasting until the permit's expiration date, the permittee is authorized to discharge from outfall number 001 to receiving waters where the 7Q10 flows are less than 0.2 MGD.

The discharge shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS

Instantaneous Minimum

Instantaneous Maximum

Frequency

Sample Type

Flow (MGD) * (1)

NA

NL

1/year

Estimate

BOD5

NA

30 mg/l

1/year

Grab

Total Suspended Solids

NA

30 mg/l

1/year

Grab

Total Residual Chlorine ** (2)

After contact tank

1.0 mg/l

NA

1/year

Grab

Final effluent

NA

0.016 mg/l

1/year

Grab

E. coli *** (3)

NA

235/100 [ 126/100 235/100 ] ml

1/year

Grab

enterococci **** (4)

NA

104/100 [ 35/100 104/100 ] ml

1/year

Grab

Fecal Coliform Bacteria ***** (5)

NA

200/100 ml

1/year

Grab

pH (standard units)

6.0

9.0

1/year

Grab

Dissolved Oxygen

5.0 mg/l

NA

1/year

Grab

NL = No Limitation, monitoring required

NA = Not Applicable

* (1) The design flow of this treatment facility is less than or equal to 1,000 gallons per day.

** (2) Applies only when chlorine is used for disinfection and the discharge is in into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). The quantification level of chlorine shall be 0.1 mg/l.

*** (3) Applies only when methods other than chlorine are used for disinfection and the discharge is in into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). Continuous When the facility is discharging, continuous disinfection capability shall be provided in order to maintain this effluent limit.

**** (4) Applies only when the discharge is in into saltwater or the transition zone (see 9VAC25-260-140 C for the classes of waters and boundary designations). Continuous When the facility is discharging, continuous disinfection capability shall be provided in order to maintain this effluent limit.

***** (5) Applies only when the discharge is in into shellfish water waters (see 9VAC25-260-160 for the description of what are shellfish waters). Continuous When the facility is discharging, continuous disinfection capability shall be provided in order to maintain this effluent limit.

2. All monitoring data required by Part I A 1 shall be maintained on site in accordance with Part II B. Reporting of results to DEQ is not required; however, the monitoring results shall be made available to DEQ [ or Virginia Department of Health ] personnel upon request. [ Monitoring results for treatment works serving individual single family dwellings shall be submitted to the Virginia Department of Health in accordance with 12VAC5-640. ]

3. 40 CFR 133.102(c) requires that the The 30-day average percent removal for BOD5 and total suspended solids shall not be less than 85%.

Part I
Effluent Limitations Monitoring Requirements and Special Conditions

A. B. Effluent limitations and monitoring requirements—receiving waters where the 7Q10 flows are equal to or greater than 0.2 MGD.

1. During the period beginning with the permit's effective date and lasting until the permit's expiration date, the permittee is authorized to discharge from outfall number 001 to receiving waters where the 7Q10 flows are equal to or greater than 0.2 MGD.

The discharge shall be limited and monitored by the permittee as specified below:EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS

Instantaneous Minimum

Instantaneous Maximum

Frequency

Sample Type

Flow (MGD) * (1)

NA

NL

1/year

Estimate

BOD5

NA

30 mg/l

1/year

Grab

Total Suspended Solids

NA

30 mg/l

1/year

Grab

Total Residual Chlorine ** (2)

Final effluent

1.0 mg/l

2.0 mg/l

1/year

Grab

E. coli *** (3)

NA

235/100 [ 126/100 235/100 ] ml

1/year

Grab

enterococci **** (4)

NA

104/100 [ 35/100 104/100 ] ml

1/year

Grab

Fecal Coliform Bacteria ***** (5)

NA

200/100 ml

1/year

Grab

pH (standard units)

6.0

9.0

1/year

Grab

NL = No Limitation, monitoring required

NA = Not Applicable

* (1) The design flow of this treatment facility is less than or equal to 1,000 gallons per day.

** (2) Applies only when chlorine is used for disinfection and the discharge is in into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations).

*** (3) Applies only when methods other than chlorine are used for disinfection and the discharge is in into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). Continuous When the facility is discharging, continuous disinfection capability shall be provided in order to maintain this effluent limit.

**** (4) Applies only when the discharge is in into saltwater or the transition zone (see 9VAC25-260-140 C for the classes of waters and boundary designations). Continuous When the facility is discharging, continuous disinfection capability shall be provided in order to maintain this effluent limit.

***** (5) Applies only when the discharge is in into shellfish water waters (see 9VAC25-260-160 for the description of what are shellfish waters). Continuous When the facility is discharging, continuous disinfection capability shall be provided in order to maintain this effluent limit.


2. All monitoring data required by Part I A B 1 shall be maintained on site in accordance with Part II B. Reporting of results to DEQ is not required; however, the monitoring results shall be made available to DEQ [ or Virginia Department of Health ] personnel upon request. [ Monitoring results for treatment works serving individual single family dwellings shall be submitted to the Virginia Department of Health in accordance with 12VAC5-640. ]

3. 40 CFR 133.102(c) requires that the The 30-day average percent removal for BOD5 and total suspended solids shall not be less than 85%.

B. C. Special conditions.

1. There shall be no discharge of floating solids or visible foam in other than trace amounts.

2. Schedule of compliance. This compliance schedule shall be allowed only for treatment works that were existing as of their dates of coverage under this general permit. Treatment works constructed after their dates of coverage are expected to comply with the limitations and conditions

of the general permit from the date of operation. For existing facilities that require upgrades, the permittee shall install equipment or unit processes or make other physical modifications to the treatment works that are necessary to achieve compliance with the limitations and conditions of this permit within 180 days of the date of coverage under the permit. The modifications shall not be initiated until written authorization is first provided by the Virginia Department of Health or DEQ. The permittee shall submit to the DEQ Regional Office a written notice certifying completion of any necessary modifications on or before the 180-day compliance deadline. If the permittee is unable to meet the deadline, a written notice shall be submitted that shall include the cause of the delay, any actions taken to eliminate the delay, and the projected date for compliance.

3. 2. Maintenance contract.

a. Treatment works serving individual single family dwellings. [ The Virginia Department of Health regulations at 12VAC5-640-500 require maintenance contracts for treatment works serving individual single family dwellings. ]

(1) For existing treatment works, the permittee shall keep a maintenance contract in force during the permit term [ , unless the permittee has been granted a variance from the maintenance contract requirement by the Virginia Department of Health ] . A copy of the maintenance contract [ , if applicable, ] shall be [ maintained kept ] at the site of [ the ] treatment works and shall be made available to DEQ or to the Virginia Department of Health for examination upon request. [ The permittee is also responsible for ensuring that the local health department has a current copy of a valid maintenance agreement in accordance with 12VAC5-640-500 B. ]

(2) For proposed treatment works, the permittee shall submit a copy of a valid maintenance contract to both DEQ and the Virginia Department of Health prior to operation of the treatment works [ unless the permittee has been granted a variance from the maintenance contract requirement by the Virginia Department of Health ]. The maintenance contract shall be kept in force during the permit term [ , maintained . A copy of the maintenance contract, if applicable, shall be kept ] at the site of treatment works, and made available to DEQ or the Virginia Department of Health for examination upon request. [ The permittee is also responsible for ensuring that the local health department has a current copy of a valid maintenance agreement in accordance with 12VAC5-640-500 B. ]

(3) At a minimum, the maintenance contract shall provide for the following:

(a) Performance of all testing required in [ either Part I A or Part I B of this permit, as appropriate, and in ] the Alternative Discharging Sewage Treatment Regulations for Individual Single Family Dwellings, 12VAC5-640-490 B, unless the owner maintains a separate monitoring contract in accordance with 12VAC5-640-490 F. Note: The treatment works should be sampled during normal discharging operations or normal discharging conditions (i.e., operations that are normal for that facility). The owner or maintenance provider should not force a discharge in order to collect a sample;

(b) A written notification to the owner within 24 hours whenever the contract provider becomes aware that maintenance or repair of the owner's treatment works is necessary. The owner is responsible for prompt maintenance and repair of the treatment works including all costs associated with the maintenance or repair. Immediately upon receipt of notice that repair or maintenance is required, the owner shall begin emergency pump and haul of all sewage generated in the dwelling if full and complete repairs cannot be accomplished within 48 hours; and

(c) The maintenance contract shall be valid for a minimum of 24 months of consecutive coverage.

b. Treatment works serving nonsingle family dwellings.

(1) For existing treatment works, the permittee shall maintain keep a maintenance contract in force during the permit term, unless an exception to the maintenance contract requirement has been requested and granted in accordance with Part I B 4 C 3. A copy of [ a valid the ] maintenance contract [ , if applicable, ] shall be [ maintained kept ] at the site of [ the ] treatment works and made available to DEQ or to the Virginia Department of Health for examination upon request.

(2) For proposed treatment works, the permittee shall submit a copy of a valid maintenance contract to DEQ prior to operation of the treatment works, unless an exception to the maintenance contract requirement has been requested and granted in accordance with Part I B 4 C 3. [ The maintenance contract shall be kept in force during the permit term. A copy of the maintenance contract shall be kept at the site of treatment works, and shall be made available to DEQ for examination upon request. ]

The (3) At a minimum, the maintenance contract shall provide for the following:

a. (a) Performance of all testing required in accordance with either Part I A or Part I B, as appropriate, and periodic (at least annual) inspections of the treatment works. Note: The treatment works should be sampled during normal discharging operations or normal discharging conditions (i.e., operations that are normal for that facility). The owner or maintenance provider should not force a discharge in order to collect a sample;

b. (b) A written notification to the owner within 24 hours whenever the contract provider becomes aware that maintenance or repair of the owner's treatment works is necessary. The owner is responsible for prompt maintenance and repair of the treatment works including all costs associated with the maintenance or repair. Immediately upon receipt of notice that repair or maintenance is required, the owner shall begin emergency pump and haul of all sewage generated in from the facility or dwelling if full and complete repairs cannot be accomplished within 48 hours;

c. (c) A log of the following items will shall be maintained by the contract provider:

(1) (i) Results of all tests and sampling. Note: If sampling is attempted, but no sample was taken or possible, the log shall show all sampling attempts, and document and explain why no sample was taken or possible;

(2) (ii) Alarm activation incidents;

(3) (iii) Maintenance, corrective, or repair activities performed;

(4) (iv) Recommended repair or replacement items; and

(5) (v) Copies of all reports prepared by the contract provider;

d. (d) An inspection will shall be conducted by the contract provider within 48 hours after notification by the owner that a problem may be occurring; and

e. A (e) The maintenance contract shall be valid for a minimum of 24 months of consecutive coverage under the maintenance contract.

4. 3. Operation and maintenance plan. The owner of any treatment works serving a nonsingle family dwelling may request an exception to the maintenance contract requirement by submitting an operation and maintenance plan to [ DEQ the board ] for review and approval. At a minimum, the operation and maintenance plan shall contain the following information:

a. An up-to-date operation and maintenance manual for the treatment works;

b. A log of all maintenance performed on the plant treatment works including, but not limited to, the following:

(1) The date and amount of disinfection chemicals added to the chlorinator.

(2) If dechlorination is used, the date and amount of any dechlorination chemicals that are added.

(3) The date and time of equipment failure(s) and the date and time the equipment was restored to service.

(4) The date and approximate volume of sludge removed.

(5) Results of all tests and sampling. Note: If sampling is attempted, but no sample was taken or possible, the log shall show all sampling attempts, and document and explain why no sample was taken or possible;

c. Dated receipts for chemicals purchased, equipment purchased, and maintenance performed; and

d. An effluent monitoring plan in accordance to conform with the requirements of Part I A or Part I B, as appropriate, including all sample collection, preservation, and analysis procedures. Note: The treatment works should be sampled during normal discharging operations or normal discharging conditions (i.e., operations that are normal for that facility). The owner or maintenance provider should not force a discharge in order to collect a sample.

Should the permittee fail to implement the approved operation and maintenance plan, or if there are violations of effluent limitations, [ DEQ the board ] reserves the right to require the permittee to obtain a maintenance contract.

4. Compliance recordkeeping under Part I A and Part I B.

a. The quantification levels (QL) shall be less than or equal to the following concentrations:

Effluent Parameter

Quantification Level

BOD5

2.0 mg/l

TSS

1.0 mg/l

Chlorine

0.10 mg/l

The QL is defined as the lowest concentration used to calibrate a measurement system in accordance with the procedures published for the test method.

b. Recording results. Any concentration data below the QL used in the analysis shall be recorded as "<QL" if it is less than the QL in subdivision a. Otherwise the numerical value shall be recorded.

c. Monitoring results shall be recorded using the same number of significant digits as listed in the permit. Regardless of the rounding convention used by the permittee (e.g., 5 always rounding up or to the nearest even number), the permittee shall use the convention consistently, and shall ensure that consulting laboratories employed by the permittee use the same convention.

5. The discharges authorized by this permit shall be controlled as necessary to meet water quality standards.

Part II
Conditions Applicable to all VPDES Permits

A. Monitoring.

1. Samples and measurements taken as required by this permit shall be representative of the monitored activity.

2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit.

3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will ensure accuracy of measurements.

B. Records.

1. Records of monitoring information shall include:

a. The date, exact place, and time of sampling or measurements;

b. The individual(s) who performed the sampling or measurements;

c. The date(s) and time(s) analyses were performed;

d. The individual(s) who performed the analyses;

e. The analytical techniques or methods used; and

f. The results of such analyses.

2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the registration statement for this permit, for a period of at least three years from the date of the sample, measurement, report or request for coverage. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the board.

C. Reporting monitoring results. Monitoring results under this permit are not required to be submitted to the department. However, should the [ department board ] request that the permittee submit monitoring results, the following subsections would apply.

1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.

2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the department.

3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted on the DMR or reporting form specified by the department.

4. Calculations for all limitations that require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.

D. Duty to provide information. The permittee shall furnish to the department, within a reasonable time, any information that the board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The board may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the department, upon request, copies of records required to be kept by this permit.

E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.

F. Unauthorized discharges. Except in compliance with this permit, or another permit issued by the board, it shall be unlawful for any person to:

1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or

2. Otherwise alter the physical, chemical or biological properties of such state waters and make them detrimental to the public health, to animal or aquatic life, to the use of such waters for domestic or industrial consumption, for recreation, or for other uses.

G. Reports of unauthorized discharges. Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon state waters in violation of Part II F, or who discharges or causes or allows a discharge that may reasonably be expected to enter state waters in violation of Part II F, shall notify the department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the department within five days of discovery of the discharge. The written report shall contain:

1. A description of the nature and location of the discharge;

2. The cause of the discharge;

3. The date on which the discharge occurred;

4. The length of time that the discharge continued;

5. The volume of the discharge;

6. If the discharge is continuing, how long it is expected to continue;

7. If the discharge is continuing, what the expected total volume of the discharge will be; and

8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit.

Discharges reportable to the department under the immediate reporting requirements of other regulations are exempted from this requirement.

H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter state waters, the permittee shall promptly notify, in no case later than 24 hours, the department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse affects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the department within five days of discovery of the discharge in accordance with Part II I 2. Unusual and extraordinary discharges include, but are not limited to, any discharge resulting from:

1. Unusual spillage of materials resulting directly or indirectly from processing operations;

2. Breakdown of processing or accessory equipment;

3. Failure or taking out of service some or all of the treatment works; and

4. Flooding or other acts of nature.

I. Reports of noncompliance. The permittee shall report any noncompliance that may adversely affect state waters or may endanger public health.

1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information that shall be reported within 24 hours under this paragraph:

a. Any unanticipated bypass; and

b. Any upset that causes a discharge to surface waters.

2. A written report shall be submitted within five days and shall contain:

a. A description of the noncompliance and its cause;

b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and

c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

The board may waive the written report on a case-by-case basis for reports of noncompliance under Part II I if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.

3. The permittee shall report all instances of noncompliance not reported under Part II I 1 or 2, in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part II I 2.

NOTE: The immediate (within 24 hours) reports required in Parts II G, H, and I may be made to the department's regional office. Reports may be made by telephone or by fax. For reports outside normal working hours, leave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Management maintains a 24-hour telephone service at 1-800-468-8892.

J. Notice of planned changes.

1. The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:

a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:

(1) After promulgation of standards of performance under Section 306 of Clean Water Act that are applicable to such source; or

(2) After proposal of standards of performance in accordance with Section 306 of Clean Water Act that are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within 120 days of their proposal;

b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or

c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan.

2. The permittee shall give advance notice to the department of any planned changes in the permitted facility or activity that may result in noncompliance with permit requirements.

K. Signatory requirements.

1. Registration statement. All registration statements shall be signed as follows:

a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or other actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or

c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) the chief executive officer of the agency or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

2. Reports, etc. All reports required by permits, and other information requested by the board shall be signed by a person described in Part II K 1 or by a duly authorized representative of that person. A person is a duly authorized representative only if:

a. The authorization is made in writing by a person described in Part II K 1;

b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and

c. The written authorization is submitted to the department.

3. Changes to authorization. If an authorization under Part II K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part II K 2 shall be submitted to the department prior to or together with any reports, or information to be signed by an authorized representative.

4. Certification. Any person signing a document under Part II K 1 or 2 shall make the following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

L. Duty to comply. The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application.

The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under Section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement.

M. Duty to reapply.

1. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, and the permittee does not qualify for automatic permit coverage renewal, the permittee shall submit a new registration statement at least 180 60 days before the expiration date of the existing permit, unless permission for a later date has been granted by the board. The board shall not grant permission for registration statements to be submitted later than the expiration date of the existing permit.

2. A permittee qualifies for automatic permit coverage renewal and is not required to submit a registration statement if:

a. The ownership of the treatment works has not changed since this general permit went into effect on August 2, 2011, or, if the ownership has changed, a new registration statement or VPDES Change of Ownership form was submitted to the department at the time of the title transfer;

b. There has been no change in the design or operation, or both, of the treatment works since this general permit went into effect on August 2, 2011;

c. For treatment works serving individual single family dwellings, the Virginia Department of Health does not object to the automatic permit coverage renewal for this treatment works based on system performance issues, enforcement issues, or other issues sufficient to the [ department board ]. If the Virginia Department of Health objects to the automatic renewal for this treatment works, the permittee will be notified by the [ department board ] in writing; and

d. For treatment works serving nonsingle family dwellings, the [ department board ] has no objection to the automatic permit coverage renewal for this treatment works based on system performance issues, or enforcement issues. If the [ department board ] objects to the automatic renewal for this treatment works, the permittee will be notified in writing.

Any permittee that does not qualify for automatic permit coverage renewal shall submit a new registration statement in accordance with Part II M 1.

N. Effect of a permit. This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of federal, state or local law or regulations.

O. State law. Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to, any other state law or regulation or under authority preserved by Section 510 of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part II U), and "upset" (Part II V) nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance.

P. Oil and hazardous substance liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under §§ 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law.

Q. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also include effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit.

R. Disposal of solids or sludges. Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering state waters.

S. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment.

T. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

U. Bypass.

1. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. The permittee may allow any bypass to occur that does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provisions of Parts II U 2 and 3.

2. Notice.

a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible, at least 10 days before the date of the bypass.

b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II I.

3. Prohibition of bypass.

a. Bypass is prohibited, and the board may take enforcement action against a permittee for bypass, unless:

(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance; and

(3) The permittee submitted notices as required under Part II U 2.

b. The board may approve an anticipated bypass after considering its adverse effects if the board determines that it will meet the three conditions listed above in Part II U 3 a.

V. Upset.

1. An upset constitutes an affirmative defense to an action brought for noncompliance with technology-based permit effluent limitations if the requirements of Part II V 2 are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review.

2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed, contemporaneous operating logs, or other relevant evidence that:

a. An upset occurred and that the permittee can identify the cause(s) of the upset;

b. The permitted facility was at the time being properly operated;

c. The permittee submitted notice of the upset as required in Part II I; and

d. The permittee complied with any remedial measures required under Part II S.

3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.

W. Inspection and entry. The permittee shall allow the director, or an authorized representative, upon presentation of credentials and other documents as may be required by law, to:

1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;

2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any location.

For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency.

X. Permit actions. Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, termination, or notification of planned changes or anticipated noncompliance does not stay any permit condition.

Y. Transfer of permits.

1. Permits are not transferable to any person except after notice to the department. Except as provided in Part II Y 2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and the Clean Water Act.

2. As an alternative to transfers under Part II Y 1, this permit may be automatically transferred to a new permittee if:

a. The current permittee notifies the department at least within 30 days in advance of the proposed transfer of the title to the facility or property;

b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and

c. The board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part II Y 2 b.

Z. Severability. The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.

NOTICE: The following form used in administering the regulation was filed by the agency. The form is not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name to access the form. The form is also available through the agency contact or at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (9VAC25-110)

VPDES Change of Ownership Agreement Form (eff. 7/10).

VA.R. Doc. No. R09-2062; Filed January 10, 2011, 3:05 p.m
TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
Final Regulation

REGISTRAR'S NOTICE: The following regulation filed by the State Water Control Board is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 8 of the Code of Virginia, which exempts general permits issued by the State Water Control Board pursuant to the State Water Control Law (§ 62.1-44.2 et seq.), Chapter 24 (§ 62.1-242 et seq.) of Title 62.1, and Chapter 25 (§ 62.1-254 et seq.) of Title 62.1, if the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of § 2.2-4007.01; (ii) following the passage of 30 days from the publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stakeholders, including potentially affected citizens groups, to assist in the development of the general permit; (iii) provides notice and receives oral and written comment as provided in § 2.2-4007.03; and (iv) conducts at least one public hearing on the proposed general permit.

Title of Regulation: 9VAC25-115. General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Seafood Processing Facilities (amending 9VAC25-115-10 through 9VAC25-115-50).

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

Effective Date: July 24, 2011.

Agency Contact: George Cosby, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4067, FAX (804) 698-4032, or email george.cosby@deq.virginia.gov.

Summary

This regulatory action amends and reissues the general permit that expires on July 23, 2011, which will continue the existence of the general permit that establishes limitations and monitoring requirements for wastewater discharges from seafood processing facilities. As with an individual VPDES permit, the effluent limits in the general permit are set to protect the quality of the waters receiving the discharges. The substantive changes (i) add two reasons authorization to discharge cannot be granted, (ii) add language to allow for administrative continuances of coverage, (iii) add three new special conditions, (iv) update the storm water pollution prevention plan section, and (v) modify due dates in the conditions applicable to all permits section.

9VAC25-115-10. Definitions.

The words and terms used in this chapter shall have the meanings defined in the State Water Control Law, Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia and the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation (9VAC25-31) unless the context clearly indicates otherwise. Additionally, for the purposes of this chapter:

"Industrial activity" means the facilities classified under SIC Code 2091 or 2092.

"Runoff coefficient" means the fraction of total rainfall that will appear at the conveyance as runoff.

"Seafood processing facility" means any facility classified under SIC Code 2091, 2092, 5142, or 5146, except a mechanized clam facility, which processes or handles seafood intended for human consumption or as bait, except a mechanized clam facility. Seafood includes but is not limited to crabs, oysters, hand-shucked clams, scallops, squid, eels, turtles, fish, conchs and crayfish.

"SIC" means the Standard Industrial Classification Code or Industrial Grouping from the U.S. Office of Management and Budget Standard Industrial Classification Manual, 1987 edition.

"Significant materials" includes, but is not limited to, raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production (except oyster, clam or scallop shells); hazardous substances designated under § 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USC § 9601); any chemical the facility is required to report pursuant to § 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (42 USC § 11023); fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with storm water discharges.

"Storm water" means storm water runoff, snow melt runoff, and surface runoff and drainage.

"Storm water discharge associated with industrial activity" means the discharge from any conveyance that is used for collecting and conveying storm water and that is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the VPDES program under 9VAC25-31-10 et seq. For the categories of industries identified in the "industrial activity" definition, the term includes, but is not limited to, storm water discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or byproducts (except for oyster, clam or scallop shells) used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage area (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water. For the purposes of this paragraph, material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, byproduct or waste product (except for oyster, clam or scallop shells). The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with storm water drained from the above described areas.

"Total maximum daily load" or "TMDL" means a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs) for point source discharges, and load allocations (LAs) for nonpoint sources or natural background, or both, and must include a margin of safety (MOS) and account for seasonal variations.

9VAC25-115-20. Purpose; delegation of authority; effective date of permit.

A. This general permit regulation governs the discharge of wastewater and storm water associated with industrial activity from seafood processing facilities. [ It does not cover ] wastewater [ discharges from mechanized clam processing facilities. No discharge from seafood processing facilities is allowed except when in compliance with this permit. ]

B. The director, or an authorized representative, may perform any act of the board provided under this regulation, except as limited by § 62.1-44.14 of the Code of Virginia.

C. This general permit will become effective on July 24, 2001 2011, and will expire on July 23, 2011 2016. For any covered owner, this general permit is effective upon compliance with all the provisions of 9VAC25-115-30 and the receipt of this general permit.

9VAC25-115-30. Authorization to discharge.

A. Any owner governed by this general permit is hereby authorized to discharge to surface waters of the Commonwealth of Virginia provided that the owner files a registration statement in accordance with 9VAC25-115-40 that is accepted by the board, [ files submits ] the required permit fee, complies with the effluent limitations and other requirements of 9VAC25-115-50, and provided that: the owner has not been notified by the [ department board ] that authorization is denied in accordance with subsection B of this section.

B. The [ department board ] will notify an owner of denial of authorization in the event of any of the following:

1. Individual permit. The owner shall not have been is required to obtain an individual permit as may be required in the VPDES Permit Regulation (9VAC25-31). in accordance with 9VAC25-31-170 B 3 of the VPDES Permit Regulation;

2. Prohibited discharge locations. The owner shall not be authorized by this general permit is proposing to discharge to state waters specifically named in other board regulations [ or policies ] that prohibit such discharges.;

3. Nutrient discharges. Annual The owner is proposing to discharge annual mass loadings of total nitrogen in excess of 2,300 pounds per year or of total phosphorus in excess of 300 pounds per year are not authorized by this general permit.;

4. The discharge would violate the antidegradation policy stated in 9VAC25-260-30 of the Virginia Water Quality Standards; or

5. A TMDL (board adopted and EPA approved or EPA imposed) contains a WLA for the facility, unless this general permit specifically addresses the TMDL pollutant of concern and the permit limits are at least as stringent as those required by the TMDL WLA.

Receipt of this general permit does not relieve any owner of the responsibility to comply with any other federal, state or local statute, ordinance or regulation. C. Compliance with this general permit constitutes compliance with the Clean Water Act, the State Water Control Law, and applicable regulations under either, with the exceptions stated in 9VAC25-31-60 of the VPDES Permit Regulation. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any other federal, state or local statute, ordinance or regulation.

D. Continuation of permit coverage.

1. Any owner that was authorized to discharge under the general permit issued in 2006, and who submits a complete registration statement on or before July 23, 2011, is authorized to continue to discharge under the terms of the 2006 general permit until such time as the [ department board ] either:

a. Issues coverage to the owner under this general permit; or

b. Notifies the owner that coverage under this permit is denied.

2. When the [ facility owner ] that was covered under the expiring or expired general permit [ is not in compliance with has violated or is violating ] the conditions of that permit, the board may choose to do any or all of the following:

a. Initiate enforcement action based upon the general permit that has been continued;

b. Issue a notice of intent to deny coverage under the amended general permit. If the general permit coverage is denied, the owner would then be required to cease the activities authorized by the continued general permit or be subject to enforcement action for operating without a permit;

c. Issue an individual permit with appropriate conditions; or

d. Take other actions authorized by the VPDES permit Regulation (9VAC25-31).

9VAC25-115-40. Registration statement.

A. Deadlines for submitting registration statement. The owner [ seeking coverage under this general permit ] shall file submit a complete general VPDES permit registration statement in accordance with this chapter, which will shall serve as a notice of intent for coverage under the general permit for seafood processors.

1. New facilities. Any owner proposing a new discharge shall submit a complete registration statement to the [ department board ] at least 30 days prior to the date planned for commencing operation of the treatment works.

2. Existing facilities.

a. Any owner of an existing seafood processing facility covered by an individual VPDES permit who is proposing to be covered by this general permit [ shall notify the department at least 180 days prior to the expiration date of the individual VPDES permits, and ] shall submit a complete registration statement at least [ 30 210 ] days prior to the expiration date of the individual VPDES permit.

b. Any owner of an existing facility covered by the that was authorized to discharge under the general VPDES permit for seafood processing facilities that became effective on July 24, 2001 2006, and who wishes to remain covered by intends to continue coverage under this general permit shall file a new submit a complete registration statement to the [ department board ] prior to June 24, 2011 in accordance with the general permit requirements in order to avoid a lapse in coverage. Any owner proposing a new discharge shall file the registration statement at least 30 days prior to the date planned for operation of the new discharge. Any owner of an existing seafood processing facility covered by an individual VPDES permit who is proposing to be covered by this general permit shall file the registration statement at least 180 days prior to the expiration date of the individual VPDES permit.

[ c. Any owner of an existing seafood processing facility not currently covered by a VPDES permit who is proposing to be covered by this general permit shall ] file the [ submit a complete registration statement to the department. ]

After [ d. c. ] Any owner of an existing seafood processing facility adding a new process after coverage under the general permit is obtained, shall submit an amended registration statement must be submitted to the [ department board ] at least 30 days prior to commencing operation of any the new process not included on the original registration statement.

[ 3. New owners of existing facilities. Any new owner of an existing facility that is covered by this general permit must submit a complete registration statement or a VPDES Change of Ownership form within 30 days of the transfer of title.

4. 3. ] Late registration statements will be accepted but authorization to discharge will not be retroactive.

B. The registration statement shall contain the following information:

1. Facility name, owner, mailing address, email address (where available), and telephone number;

2. Facility location street address (if different from mailing address);

3. Facility operator name, address, email address, and telephone number if different than owner;

4. Does the facility discharge to surface waters? Name of receiving stream if yes and, if no, describe the discharge;

5. Does the facility have a current VPDES Permit? Permit Number if yes;

6. The original date of construction of the seafood processing facility building and dates and description of all subsequent facility construction.;

7. A USGS topographic or computer generated map showing the facility discharge location and receiving water body;

8. Facility SIC Code(s);

9. Nature of business at facility;

10. Discharge outfall information;

11. Facility maximum production information;

12. Facility line (water balance) drawing;

13. Discharge and outfall descriptions for different seafood processes that operate simultaneously;

14. Treatment and solid waste disposal information;

15. Information on use of chemicals at the facility; and

16. The following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."

The registration statement shall be signed in accordance with 9VAC25-31-110.

9VAC25-115-50. General permit.

Any owner whose registration statement is accepted by the director will receive the following permit and shall comply with the requirements therein and be subject to all requirements of the VPDES Permit Regulation, 9VAC25-31.

General Permit No.: VAG52
Effective Date: July 24, 2006 2011
Expiration Date: July 23 [ , ] 2011 2016

GENERAL PERMIT FOR SEAFOOD PROCESSING FACILITY

AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW

In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the State Water Control Law and regulations adopted pursuant to it, owners of seafood processing facilities, other than mechanized clam processing facilities, are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those specifically named in board regulations [ or policies ] that prohibit such discharges.

The authorized discharge shall be in accordance with this cover page, Part I—Effluent Limitations and Monitoring Requirements, Part II—Storm Water Pollution Prevention Plans, and Part III—Conditions Applicable to All VPDES Permits, as set forth herein.


Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—SEAFOOD PROCESSING NOT LIMITED ELSEWHERE IN PART I. A.— SIC 2091, 2092, 5142 AND 5146 SOURCES EXCEPT MECHANIZED CLAM FACILITIES

1. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from seafood processing not otherwise classified from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:


EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/YEAR

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/YEAR

Grab

TSS

NL

NL

NA

NA

NA

1/YEAR

Comp Composite

Oil and Grease

NL

NL

NA

NA

NA

1/YEAR

Grab

Production

NA

NL

NA

NA

NA

1/YEAR

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by the end of the year and reported by the 10th of January of the following year on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—CONVENTIONAL (HANDPICKED) BLUE CRAB PROCESSING—EXISTING SOURCES PROCESSING MORE THAN 3,000 LBS OF RAW MATERIAL PER DAY ON ANY DAY

2. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from conventional blue crab processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

TSS

NL

NL

0.74

2.2

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

0.20

0.60

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring

Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—CONVENTIONAL (HANDPICKED) BLUE CRAB PROCESSING—ALL NEW SOURCES

3. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from conventional blue crab processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:


EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

BOD5

NL

NL

0.15

0.30

NA

1/3 Months

Comp Composite

TSS

NL

NL

0.45

0.90

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

0.065

0.13

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—MECHANIZED BLUE CRAB PROCESSING—ALL EXISTING SOURCES

4. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized blue crab processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

TSS

NL

NL

12.0

36.0

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

4.2

13.0

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—MECHANIZED BLUE CRAB PROCESSING—ALL NEW SOURCES

5. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized blue crab processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

BOD5

NL

NL

2.5

5.0

NA

1/3 Months

Comp Composite

TSS

NL

NL

6.3

13

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

1.3

2.6

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—NONBREADED SHRIMP PROCESSING—EXISTING SOURCES PROCESSING MORE THAN 2,000 LBS OF RAW MATERIAL PER DAY ON ANY DAY

6. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from non-breaded shrimp processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

TSS

NL

NL

38.0

110

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

12.0

36.0

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—NONBREADED SHRIMP PROCESSING—ALL NEW SOURCES

7. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from nonbreaded shrimp processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

BOD5

NL

NL

25.0

63.0

NA

1/3 Months

Comp Composite

TSS

NL

NL

10.0

25.0

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

1.6

4.0

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—BREADED SHRIMP PROCESSING—EXISTING SOURCES PROCESSING MORE THAN 2,000 LBS OF RAW MATERIAL PER DAY ON ANY DAY

8. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from breaded shrimp processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

TSS

NL

NL

93.0

280

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

12.0

36.0

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—BREADED SHRIMP PROCESSING—ALL NEW SOURCES

9. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from breaded shrimp processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

BOD5

NL

NL

40.0

100

NA

1/3 Months

Comp Composite

TSS

NL

NL

22.0

55.0

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

1.5

3.8

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—TUNA PROCESSING—ALL EXISTING SOURCES

10. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from tuna processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

TSS

NL

NL

3.3

8.3

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

0.84

2.1

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—TUNA PROCESSING—ALL NEW SOURCES

11. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from tuna processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

BOD5

NL

NL

8.1

20.0

NA

1/3 Months

Comp Composite

TSS

NL

NL

3.0

7.5

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

0.76

1.9

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—CONVENTIONAL BOTTOM FISH PROCESSING—EXISTING SOURCES PROCESSING MORE THAN 4,000 LBS OF RAW MATERIAL PER DAY ON ANY DAY

12. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from conventional bottom fish processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

TSS

NL

NL

2.0

3.6

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

0.55

1.0

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring

Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—CONVENTIONAL BOTTOM FISH PROCESSING—ALL NEW SOURCES

13. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from conventional bottom fish processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

BOD5

NL

NL

0.71

1.2

NA

1/3 Months

Comp Composite

TSS

NL

NL

0.73

1.5

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

0.042

0.077

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—MECHANIZED BOTTOM FISH PROCESSING—ALL EXISTING SOURCES

14. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized bottom fish processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

TSS

NL

NL

12.0

22.0

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

3.9

9.9

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—MECHANIZED BOTTOM FISH PROCESSING—ALL NEW SOURCES

15. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized bottom fish processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

BOD5

NL

NL

7.5

13.0

NA

1/3 Months

Comp Composite

TSS

NL

NL

2.9

5.3

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

0.47

1.2

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HAND-SHUCKED CLAM PROCESSING—EXISTING SOURCES WHICH PROCESS MORE THAN 4,000 LBS OF RAW MATERIAL PER DAY ON ANY DAY

16. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked clam processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

TSS

NL

NL

18.0

59.0

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

0.23

0.60

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HAND-SHUCKED CLAM PROCESSING—ALL NEW SOURCES

17. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked clam processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

TSS

NL

NL

17.0

55.0

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

0.21

0.56

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HAND-SHUCKED OYSTER PROCESSING—EXISTING SOURCES WHICH PROCESS MORE THAN 1,000 LBS OF RAW MATERIAL PER DAY ON ANY DAY

18. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked oyster processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

TSS

NL

NL

16.0

23.0

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

0.77

1.1

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HAND-SHUCKED OYSTER PROCESSING—ALL NEW SOURCES

19. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked oyster processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

TSS

NL

NL

16.0

23.0

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

0.77

1.1

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—STEAMED AND CANNED OYSTER PROCESSING—ALL EXISTING SOURCES

20. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized oyster processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:


EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

TSS

NL

NL

190

270

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

1.7

2.3

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—STEAMED AND CANNED OYSTER PROCESSING—ALL NEW SOURCES

21. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized oyster processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

BOD5

NL

NL

17.0

67.0

NA

1/3 Months

Comp Composite

TSS

NL

NL

39.0

56.0

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

0.42

0.84

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA

1/3 Months

Measure Measurement

NL = No Limitation, monitoring required

NA = Not applicable

Grab = Individual grab sample is to be taken in the middle of a composite sampling period.

Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.

Production—see Special Condition No. 5.

Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.

Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—SCALLOP PROCESSING—ALL EXISTING SOURCES

22. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from scallop processing, from outfall(s) __________.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

MONITORING REQUIREMENTS kg/day

DISCHARGE LIMITATIONS kg/kkg

Sample Frequency

Sample Type

Monthly Avg

Daily Max

Monthly Avg

Daily Max

Daily Min

Flow (MGD)

NA

NL

NA

NA

NA

1/3 Months

Estimate

pH (S.U.)

NA

NA

NA

9.0

6.0

1/3 Months

Grab

TSS

NL

NL

1.4

5.7

NA

1/3 Months

Comp Composite

Oil and Grease

NL

NL

0.23

7.3

NA

1/3 Months

Grab

Production

NA

NL

NA

NA

NA