TITLE 9. ENVIRONMENT
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC25-280. Ground Water Standards (amending 9VAC25-280-10; repealing 9VAC25-280-90).
Statutory Authority: § 62.1-44.15 of the Code of Virginia.
Effective Date: November 23, 2022.
Agency Contact: Scott Kudlas, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4456, FAX (804) 698-4178, or email scott.kudlas@deq.virginia.gov.
Summary:
Pursuant to Chapter 356 of the 2022 Acts of Assembly, the amendments conform the regulation to a statutorily change shifting authority to issue and enforce permits from the State Water Control Board to the Department of Environmental Quality, including changing "board" to "department" and the definition of "board," removing delegation of authority provisions, and correcting Code of Virginia citations.
9VAC25-280-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Board" means State Water Control Board. When used outside the context of the promulgation of regulations, including regulations to establish general permits, "board" means the Department of Environmental Quality.
"Criteria" means elements of the board's ground water quality standards, expressed as constituent concentrations, levels, or narrative statements, representing a quality of water that supports a particular use. When criteria are met, ground water quality will generally protect the designated use.
"Department" means the Department of Environmental Quality.
"Ground water quality standards" means provisions of state law that consist of a designated use or uses for the waters of the Commonwealth and water quality criteria for such waters based upon such uses. Ground water quality standards are to protect the public health or welfare, enhance the quality of water and serve the purposes of the State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia).
9VAC25-280-90. Designations of authority. (Repealed.)
The director 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.
VA.R. Doc. No. R23-7239; Filed September 09, 2022