TITLE 9. ENVIRONMENT
REGISTRAR'S NOTICE: The State Water Control Board is claiming an exclusion from 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 where no agency discretion is involved. The State Water Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC25-20. Fees for Permits and Certificates (amending 9VAC25-20-50).
Statutory Authority: § 62.1-44.15:6 of the Code of Virginia.
Effective Date: September 28, 2011.
Agency Contact: Melissa Porterfield, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4346, or email melissa.porterfield@deq.virginia.gov.
Summary:
In conformance with Chapter 149 of the 2011 Acts of Assembly, the amendment exempts Department of the Navy-sponsored dredging projects from permit application fees.
9VAC25-20-50. Exemptions.
A. No permit application fees will be assessed to:
1. An applicant for a permit, permit authorization, certificate or special exception pertaining to a farming operation engaged in production for market.
2. An applicant for a permit, permit authorization, or certificate pertaining to maintenance dredging for federal navigation channels or other U.S. Army Corps of Engineers-sponsored or Department of the Navy-sponsored dredging projects.
3. Permit holders who request minor modifications or minor amendments to permits, permit authorizations or certificates as defined in 9VAC25-20-10.
4. Permit, permit authorization or certificate holders whose permits, permit authorizations or certificates are modified or amended at the initiative of the board.
5. VPDES permit holders or VPA permit holders for the regularly scheduled renewal of an individual permit for an existing facility, except VPDES and VPA permit holders whose permits expire on or before December 27, 2004.
6. An applicant for a permit, permit authorization, permit modification, or certificate pertaining solely to biosolids research.
B. No permit maintenance fees will be assessed to:
1. VPDES and VPA facilities operating under a general permit.
2. Permits pertaining to a farming operation engaged in production for market.
3. Virginia Water Protection (VWP), Surface Water Withdrawal (SWW), and Ground Water Withdrawal (GWW) permits, permit authorizations, certificates and special exceptions.
4. Permits pertaining solely to biosolids research.
C. No fee shall be imposed on the land application of materials classified as "exceptional quality biosolids" or the equivalent thereof, as defined by 9VAC25-32.
VA.R. Doc. No. R11-2850; Filed August 8, 2011, 2:49 p.m.