Vol. 39 Iss. 5 - October 24, 2022


Proposed Enforcement Action for Gutterman Iron and Metal Corporation

An enforcement action has been proposed for Gutterman Iron and Metal Corporation for violations of the State Water Control Law and regulations in Norfolk, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at from October 24, 2022, through November 24, 2022.

Contact Information: Russell Deppe, Enforcement Specialist, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, telephone (757) 647-8060, FAX (804) 698-4178, or email

Midway Solar LLC Revised Notice of Intent - Small Renewable Energy Project (Solar) - Albemarle County

Midway Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Albemarle County, Virginia. Midway Solar LLC will be located approximately 1.5 miles southwest of the Town of Batesville. Latitude and longitude coordinates are 37.98511, -78.740200. The project's maximum generating capacity will be eight megawatts alternating current. The project will encompass approximately 80 acres of a single 136-acre parcel. Approximately 35 acres of clearing will be required to construct the project; this clearing will largely be constrained to existing mature timber farm areas. The project will include approximately 23,984 panels.

Contact Information: Susan Tripp, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 664-3470, or email


Draft Addiction and Recovery Treatment Services Provider Manual

The draft Addiction and Recovery Treatment Services Provider Manual Chapter IV is now available on the Department of Medical Assistance Services website at

Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email

Draft Provider Manual Chapter II

The text in Chapter 2 that appears in all provider manuals has been updated. This text will be added to the beginning of Chapter 2 for each manual. The text is now available on the Department of Medical Assistance Services website at for public comment until October 30, 2022.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680.


Public Meeting and Opportunity for Public Comment for a Cleanup Study and Cleanup Plan for Moores and Mill Creek

Purpose of notice: The Department of Environmental Quality (DEQ) seeks public comment on the development of a cleanup study, also known as a total maximum daily load (TDML) report for Moores and Mill Creeks, located in Rockbridge County. This meeting will also be used to kick-off the upcoming development of a cleanup plan, also known as an implementation plan (IP), and to find participants for a stakeholder advisory group to guide development of the plan. These streams are listed as impaired since monitoring data does not meet Virginia's water quality standards for aquatic life impairments (benthics). Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law require DEQ to develop cleanup studies to address pollutants responsible for causing waters to be on Virginia's § 303(d) list of impaired waters. A component of a cleanup study is the wasteload allocation (WLA); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Administrative Process Act for adoption of the WLA into the Water Quality Management Planning Regulation (9VAC25-720) after completion of the study. A study has been completed for the Moores and Mill Creek watersheds to identify pollutant sources and recommend reductions needed from the sources to meet water quality standards. DEQ will present the results of the study at the public meeting and provide an overview of the draft report. Citizens are invited to provide comment on the study.

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an IP for approved TMDLs. DEQ is developing an IP to identify the actions necessary to address the water quality impairment in Moores and Mill Creeks. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts. The implementation planning process will begin for these streams at this meeting.

Cleanup study location: Moores Creek is located in northern Rockbridge County with its headwaters just south of the Augusta and Rockbridge County line. The impaired segment begins at the headwaters in Raphine and continues nine miles south to the confluence with South River. Mill Creek is located in Rockbridge County north of the City of Lexington. The impaired segment is 9.14 miles in length. It begins at the headwaters of the stream south of Fairfield and continues to the confluence with the Maury River north of Lexington.

Advisory group: A technical advisory committee (TAC) to assist in development of this cleanup study was convened on November 3, 2021, and August 11, 2022.

Public meeting: The final public meeting on the development of the cleanup study and the first public meeting on development of the cleanup plan will be held on October 26, 2022, in the Board of Supervisors Meeting Room, 1st Floor, Rockbridge County Administration Building, 150 South Main Street, Lexington, VA 24450 at 5:30 p.m. In the event of inclement weather, the meeting will be held on October 28, 2022, at the same time and location.

Public comment period: October 27, 2022, to November 29, 2022.

How to comment: DEQ accepts comments orally or by email, fax, or postal mail. All comments must be received by DEQ during the comment period. Submittals must include the name, organization an individual is representing, if any, mailing addresses, and telephone numbers of the commenter or requester.

Contact the DEQ staff member listed at the end of this notice for public comments, document requests, and additional information. The public may review the cleanup study at

Contact Information: Nesha McRae, Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 28801, telephone (540) 217-7173, FAX (804) 698-4178, or email


Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; Email:

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

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

Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works 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.