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: 9VAC25-20. Fees for Permits and Certificates (amending 9VAC25-20-90, 9VAC25-20-148).
Statutory Authority: §§ 62.1-44.15:6, 62.1-44.16, and 62.1-44.19:3 of the Code of Virginia.
Effective Date: August 26, 2026.
Agency Contact: Neil Zahradka, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4102, or email neil.zahradka@deq.virginia.gov.
Background: Section 62.1-44.19:3 of the Code of Virginia currently allows localities to adopt an ordinance that provides for the testing and monitoring of the land application of sewage sludge within its political boundaries to ensure compliance with applicable laws and regulations.
Summary:
Pursuant to Chapter 933 of the 2026 Acts of Assembly, the amendments (i) expand the testing of sewage sludge within a locality's boundaries to include testing for perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined in § 62.1-44.34:29 of the Code of Virginia, and (ii) state that such testing and monitoring are not eligible for reimbursement from the Sludge Management Fund.
9VAC25-20-90. Deposit and use of fees.
A. Sludge Management Fund. All land application fees collected from permit holders who land apply biosolids or industrial residuals in the Commonwealth of Virginia, and fees collected from permit holders and persons applying for permits and permit modifications pursuant to § 62.1-44.19:3 of the Code of Virginia shall be deposited into the Sludge Management Fund established by, and used and accounted for as specified in §§ 62.1-44.16 and 62.1-44.19:3 of the Code of Virginia. Payments to the Department of Conservation and Recreation for their costs related to implementation of the biosolids land application program and to localities with duly adopted ordinances providing for the testing and monitoring of the land application of biosolids or industrial residuals will be made from this fund. Such ordinance may provide for testing and monitoring for PFAS, as that term is defined in § 62.1-44.34:29 of the Code of Virginia, using an applicable test method established by the U.S. Environmental Protection Agency; however, no expenses for such testing and monitoring shall be eligible for reimbursement from the Sludge Management Fund. Fees collected shall be exempt from statewide indirect costs charged and collected by the Department of Accounts and shall not supplant or reduce the general fund appropriation to the department.
B. State Water Control Board Permit Program Fund. All fees collected in response to this chapter and not deposited into the Sludge Management Fund shall be deposited into the State Water Control Board Permit Program Fund established by, and used and accounted for as specified in § 62.1-44.15:7 of the Code of Virginia. Payment to the Departments of Conservation and Recreation and Game and Inland Fisheries of Wildlife Resources for permit applications they are required under state law to review will be made from this fund. Fees collected shall be exempt from statewide indirect costs charged and collected by the Department of Accounts.
9VAC25-20-148. Reimbursable local monitoring costs.
A. Reasonable expenses for the following types of activities may be submitted for reimbursement:
1. Charges for reviewing the permit to identify potential health and environmental protection issues upon notification by the permittee that operations will be initiated on permitted sites.
2. Charges and expenses, including local travel for site monitoring, inspections, collection and delivery of biosolids, industrial residuals, or soil samples to a nearby laboratory and examination of records.
3. Charges for recordkeeping.
4. Charges for complaint and incident response.
5. Charges for biosolids, industrial residuals, and soil sample testing costs.
6. Charges for the training of local monitors.
B. Charges for site monitoring not associated with determining compliance with state or federal law or regulation are ineligible for reimbursement.
C. No expenses for testing and monitoring for PFAS, as that term is defined in § 62.1-44.34:29 of the Code of Virginia, shall be eligible for reimbursement.
VA.R. Doc. No. R26-8646; Filed July 01, 2026