Vol. 39 Iss. 5 - October 24, 2022

Chapter 370



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: 9VAC25-370. Policy for the Protection of Water Quality in Virginia's Shellfish Growing Waters (amending 9VAC25-370-10, 9VAC25-370-20, 9VAC25-370-30).

Statutory Authority: § 62.1-44.15 of the Code of Virginia.

Effective Date: November 23, 2022.

Agency Contact: Andrew Hammond, Department of Environmental Quality, 1111 Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4101, FAX (804) 698-4178, or email


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.

9VAC25-370-10. Socio-economic hearings management.

In the conduct of these hearings, as required by the board's water quality standards on projects that may result in shellfish condemnations, it will be the board's Department of Environmental Quality's policy to request information from appropriate state agencies such as the Department of Health, Virginia Marine Resources Commission, and the Virginia Institute of Marine Science, from the Virginia Seafood Council membership and from private owners and others as appropriate.

9VAC25-370-20. Evaluation of applications.

In the board's Department of Environmental Quality's (department's) decision-making process on applications for any new industries, sewage treatment plants, housing developments, marinas, dredging, spoil disposal, bulkheading, or any other new or expanded operations that would directly or indirectly cause condemnations of shellfish growing areas, it will be the board's department's policy, in giving adequate protection to viable shellfish resources, to include an evaluation of reasonable potential as well as actual productivity data for the affected areas.

9VAC25-370-30. Coordination with other agencies.

In its continuing efforts of pollution abatement to protect existing water quality and development of new programs as may be necessary for restoration of currently condemned shellfish areas, it will be the policy of the board Department of Environmental Quality to integrate its programs with other state and federal programs which would also have as their sole or partial objective the continued viability of the Commonwealth's seafood and shellfish resources.

VA.R. Doc. No. R23-7247; Filed September 09, 2022