GENERAL NOTICES/ERRATA
Vol. 28 Iss. 10 - January 16, 2012

GENERAL NOTICES/ERRATA

OFFICE OF THE GOVERNOR

Notice of Petition for Temporary Suspension of a State Mandate

Pursuant to § 2.2-113 of the Code of Virginia, the petitioning locality, Rockbridge County, is seeking temporary suspension by the Governor of a state mandate pertaining to requirements for landfill closure, as administered by the Virginia Department of Environmental Quality (DEQ). Section 2.2-113 of the Code of Virginia provides that the Governor may temporarily suspend any mandate, or portion thereof, prescribed by any unit of the executive branch of state government on a county, city, town, or other unit of local government upon a finding that it faces fiscal stress and the suspension of the mandate or portion thereof would help alleviate the fiscal hardship. Section 2.2-113 of the Code of Virginia further provides that, in making a determination of fiscal stress, the Governor may consider, but is not limited to, the following factors: any changes in anticipated revenue, income distribution of residents, revenue effort, revenue capacity, and changes in local population and employment levels. In addition, the statute requires that publication in the Virginia Register of the following information occur at least 20 days in advance of any suspension by the Governor.

(i) Name of the petitioning locality: County of Rockbridge.

(ii) Mandate or portion thereof requested to be suspended: § 10.1-1413.2 of the Code of Virginia.

(iii) Impact of the suspension of the mandate on the ability of the local government to deliver services: Suspension will allow the Rockbridge County Solid Waste Authority to use the existing landfill past the closing date of December 31, 2012. This will negate the requirement to transfer trash via truck over state highways to another landfill for ultimate disposal.

(iv) Estimated reduction in current budget from the suspension: There will be no impact on the Fiscal Year Budget ending on June 30, 2012; however, the suspension of the mandate would allow a reduction in planned expenditures of approximately $1,000,000 for each year of the suspension.

(v) Time period requested for suspension: Two years beginning December 31, 2012, or until the landfill reaches its permitted capacity, whichever occurs first.

The public comment period begins on January 16, 2012, and ends on January 30, 2012.

Comments should be sent to Susan B. Williams, Esq., Local Government Policy Manager, Commission on Local Government, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6508, FAX (804) 371-7090, or email susan.williams@dhcd.virginia.gov.

VIRGINIA DEPARTMENT OF HEALTH

Drinking Water Construction

The Virginia Department of Health (VDH) will offer funding informational meetings at six locations throughout the state.  Attendance is on a first come basis and is limited to 50 people at each location.

Material will focus on Drinking Water Construction funding available through VDH.  The Drinking Water State Revolving Fund (DWSRF) Program and the Water Supply Assistance Fund (WSAGF) Program will be discussed. Attendees will be asked for specific suggestions and opinions.

Attendees will be advised on program updates and then guided through program criteria, program applications, and the project scheduling steps needed for smooth project implementation.

To attend, please return the form below by February 3, 2012, so VDH may properly plan the meeting. Mail the application to Theresa Hewlett at the Virginia Department of Health, Office of Drinking Water, 109 Governor Street, 6th Floor, Richmond, VA 23219 or fax it to (804) 864-7521. Questions should be directed to Theresa Hewlett at (804) 864-7501.



Drinking Water State Revolving Funds

The Virginia Department of Health (VDH) is pleased to announce several opportunities for funding drinking water infrastructure. Construction applications may be submitted year round. However, applications received after the due date stated below will be considered for funding in the following cycle. Funding is made possible by the Drinking Water State Revolving Fund (DWSRF) Program and the Water Supply Assistance Grant Fund (WSAG) Program (if funds are available). VDH anticipates a funding level of $20 million. The FY 2013 DWSRF Intended Use Plan will be developed using the public's input on these issues.

(1) Construction Funds - Must be postmarked by April 2, 2012. Private and public owners of community waterworks and nonprofit noncommunity waterworks are eligible to apply for construction funds. VDH makes selections based on criteria described in the DWSRF Program Design Manual, such as existing public health problems, noncompliance, affordability, regionalization, the availability of matching funds, etc. Readiness to proceed with construction is a key element. A preliminary engineering report must be submitted if required by VDH.  An instruction packet and construction project schedule are included.

(2) Set-Aside Suggestion Forms - Must be postmarked by April 2, 2012. Anyone has the opportunity to suggest new or continuing set-aside (nonconstruction) activities. Set-aside funds help VDH assist waterworks owners to prepare for future drinking water challenges and assure the sustainability of safe drinking water.

(3) 1452(k) Source Water Protection Initiatives - Must be postmarked by April 2, 2012. This provision allows VDH to loan money for activities to protect important drinking water resources. Loan funds are available to: (i) community and nonprofit noncommunity waterworks to acquire land/conservation easements and (ii) community waterworks, only, to establish local, voluntary incentive-based protection measures.

(4) Planning and Design Grants – Must be postmarked by August 27, 2012. Private and public owners of community waterworks are eligible to apply for these grant funds.  Grants can be up to $50,000 per project for small, financially stressed, community waterworks serving fewer than 10,000 persons.  Eligible projects may include preliminary engineering planning, design of plans and specifications, performance of source water quality and quantity studies, drilling test wells to determine source feasibility, or other similar technical assistance projects.  These funds could assist the waterworks owner in future submittals for construction funds.

The VDH's DWSRF Program Design Manual describes the features of the above opportunities for funding. After receiving the aforementioned public input, VDH will develop a draft Intended Use Plan for public review and comment. When developed the draft Intended Use Plan will describe specific details for use of the funds. A public meeting is planned and written comments will be accepted before VDH submits a final version to the US Environmental Protection Agency for approval.

Applications, set-aside suggestion forms, Program Design Manuals, and information may be requested from Steven Pellei, PE, FCAP Director, telephone (804) 864-7500, FAX (804) 864-7521, or mail to Virginia Department of Health, Office of Drinking Water, 109 Governor Street, 6th Floor, Richmond, VA 23219. Any comments can be directed to Mr. Pellei. The materials are also accessible at http://www.vdh.virginia.gov/odw/financial/dwfundingprogramdetails.htm.

Water Supply Assistance Grant Funding

The 1999 General Assembly created the Water Supply Assistance Grant Fund (WSAG) in § 32.1-171.2 of the Code of Virginia. The purpose of the WSAG is to make grant funds available to localities and owners of waterworks to assist in the provision of drinking water. The Virginia Department of Health does not anticipate WSAG funds being made available at the present time. If WSAG funds are made available VDH will implement the following WSAG requirements

Funds are available by submitting an application postmarked on or before the dates indicated for the following:

(1) Small Project Construction Grants - Application must be postmarked by April 2, 2012. Funding for small project construction may be available for projects whose total project cost does not exceed $150,000. Eligible activities may include (but not be limited to) upgrade or construction of well or spring sources, waterlines, storage tanks, and treatment.

The applicant submits the current VDH construction application to VDH. To promote coordination of funding and streamline the process for applicants, grants are prioritized in accordance with rating criteria of the current DWSRF Program. For WSAG purposes only, up to thirty (30) extra points are added to the VDH rating criteria relative to the Stress Index rank. Preference is given to community waterworks. This priority system ensures that all eligible acute or chronic health/SDWA compliance projects are funded before any other eligible project.

(2) Surface Water Development or Improvement Grants - Application must be postmarked by April 2, 2012. Funding for community waterworks surface source water development or improvement activities. An application cannot exceed $200,000.

The applicant submits the current construction application to VDH.  In ranking of applications, preference is given to those that address problems of small, community waterworks with multi-jurisdictional support.

Eligible activities may include land purchase, options to purchase land, general site development costs, and dam upgrade and construction.

(3) Planning and Design Grants - Application must be postmarked by August 27, 2012. Funding for waterworks planning and design needs. An application cannot exceed $50,000.

In ranking of applications, preference is given to those that address problems of small, community waterworks with multi-jurisdictional support. The applicant submits the current VDH planning and design application to VDH. To promote coordination of funding and streamline the process for applicants, grants are prioritized in accordance with rating criteria of the current DWSRF Program. For WSAG funding purposes only, up to fifty (50) extra points are added to the DWSRF rating criteria relative to the Stress Index rank.

Eligible activities may include (but not be limited to) capacity building activities addressing regionalization or consolidation, performance of source water quality and quantity studies, drilling test wells to determine source feasibility, income surveys, preliminary engineering planning, design and preparation of plans and specifications, or other similar technical assistance projects.

The VDH's WSAG Program Guidelines describes the features of the above opportunities for funding.

Applications or program guidelines may be requested from Steve Pellei, P.E., FCAP Director, telephone (804) 864-7500, FAX (804) 864-7521, or mail to Virginia Department of Health, Office of Drinking Water, 109 Governor St., 6th Floor, Richmond, VA 23219. The applications are also accessible at http://www.vdh.virginia.gov/odw/financial/dwfundingprogramdetails.htm.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on December 20, 2011, and December 21, 2011. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.

Director's Order Number One Hundred Four (11)

Virginia's Instant Game Lottery 1284; "Emerald 8's" Final Rules for Game Operation (effective December 20, 2011)

Director's Order Number One Hundred Six (11)

Virginia's Instant Game Lottery 1308; "Money Roll" Final Rules for Game Operation (effective December 20, 2011)

Director's Order Number One Hundred Twenty-Four (11)

"Stretch For Your Goal Retailer Incentive Chain Promotion - Worsley/VPA T/A Everyday" Virginia Lottery Retailer Incentive Program Rules (effective December 20, 2011 and remains in full force and effect until 90 days after the conclusion of the Incentive Program, unless otherwise extended by the Director)

Director's Order Number One Hundred Twenty-Five (11)

Virginia's Instant Game Lottery 1287; "Cat Scratch Fever" Final Rules for Game Operation (effective December 20, 2011)

Director's Order Number One Hundred Twenty-Six (11)

Virginia's Instant Game Lottery 1297; "Lucky Dog Doubler" Final Rules for Game Operation (effective December 20, 2011)

Director's Order Number One Hundred Twenty-Seven (11)

Virginia's Instant Game Lottery 1299; "5X The Money" Final Rules for Game Operation (effective December 20, 2011)

Director's Order Number One Hundred Twenty-Nine (11)

Virginia's Instant Game Lottery 1309; "In The Chips" Final Rules for Game Operation (effective December 20, 2011)

Director's Order Number One Hundred Thirty (11)

Virginia's Instant Game Lottery 1311; "9's In A Line" Final Rules for Game Operation (effective December 20, 2011)

Director's Order Number One Hundred Thirty-One (11)

Virginia's Instant Game Lottery 1316; "24K" Final Rules for Game Operation (effective December 20, 2011)

Director's Order Number One Hundred Thirty-Two (11)

Virginia's Instant Game Lottery 1324; "Jewel 7's" Final Rules for Game Operation (effective December 20, 2011)

Director's Order Number One Hundred Thirty-Three (11)

Virginia's Instant Game Lottery 1323; "10X The Money" Final Rules for Game Operation (effective December 20, 2011)

STATE WATER CONTROL BOARD

Notice of Intent to Provide § 401 Water Quality Certification for Norfolk District COE Regional Permit 20

Pursuant to Virginia Water Protection Permit Regulation (9VAC25-210-130 H), the State Water Control Board (board) is giving notice of its intent to provide § 401 Water Quality Certification for activities authorized by the above referenced U.S. Army Corps of Engineers (USACE) Norfolk District Regional Permit after considering public comment for a 30-day period starting December 20, 2011, for the development of state owned and operated artificial fin and shellfish reefs. The regional permit was last issued on February 6, 2006, with an expiration date of December 31, 2011.

On September 15, 2011, the U.S. Army Corps of Engineers (USACE) Norfolk District published a notice of their proposed reissuance and modification of the Norfolk District Regional Permit 20 (RP-20). The notice can be found at:

http://www.nao.usace.army.mil/Technical%20Services/Regulatory%20Branch/PN/ProposedReissuance-NorfolkDist/document2011-09-12-165941.pdf.

The State Water Control Board hereby proposes unconditional § 401 Water Quality Certification for the RP-20.

Proposed modifications to the existing RP-20 establish enhanced protections to water quality and include a requirement for compliance with the Toxic Substances Control Act, specification of hydrocarbons and certain toxic metals as prohibited materials, restrictions protective of spawning fish, as relevant, and provisions for coordinating projects to avoid impacts to nesting bald eagles.

The board can only issue final § 401 certification of a nationwide or regional USACE permit if the permit meets the requirements of the Virginia Water Protection Permit Regulation and after advertising and accepting public comment for 30 days on its intent to provide certification.

The State Water Control Board will issue its final § 401 Water Quality Certification for activities authorized by the above referenced U.S. Army Corps of Engineers (USACE) Norfolk District permits at the end of the 30-day comment period and after any comments received are considered. Written comments, including those by email, must be received no later than 5 p.m. on January 20, 2012, and should be submitted to David L. Davis at the address given below. Only those comments received within this period will be considered by the board. Written comments shall include the name, address, and telephone number of the writer, and shall contain a complete, concise statement of the factual basis for comments.

Contact Information: David L. Davis, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4105, FAX (804) 698-4347, or email dave.davis@deq.virginia.gov.

VIRGINIA CODE COMMISSION

Notice to State Agencies

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

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

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/cumultab.htm.

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

ERRATA

COMMONWEALTH TRANSPORTATION BOARD

Title of Regulation: 24VAC30-92. Secondary Street Acceptance Requirements (amending 24VAC30-92-10, 24VAC30-92-20, 24VAC30-92-60, 24VAC30-92-70, 24VAC30-92-80, 24VAC30-92-110, 24VAC30-92-120, 24VAC30-92-130, 24VAC30-92-140; repealing 24VAC30-92-50, 24VAC30-92-150).

Publication: 28:8 VA.R. 687-719 December 19, 2011.

Correction to Final Regulation:

Page 698, 24VAC30-92-10 in the definition of "Level of Service," line 6, change "(VDOT)" to "(TRB)"

Page 704, 24VAC30-92-60 C, first column, second paragraph, line 2, insert "an" before "adjacent property"

Page 706, 24VAC30-92-60 C 5, first column, second paragraph, line 2, after "modification" delete "or both"

Page 709, insert the following before 24VAC30-92-110:

"24VAC30-92-100. Discretionary authority.

The district administrator's designees are authorized considerable discretionary authority regarding the design of secondary streets functionally classified as "local." The department's district administrators are authorized considerable discretion regarding the design of secondary streets functionally classified as "collector" or above. and the acceptance of streets into the secondary system of state highways."

VA.R. Doc. No. R12-2999; Filed December 30, 2011, 9:21 a.m.