The Virginia Register OF
REGULATIONS is an official state publication issued every other week
throughout the year. Indexes are published quarterly, and are cumulative for
the year. The Virginia Register has several functions. The new and
amended sections of regulations, both as proposed and as finally adopted, are
required by law to be published in the Virginia Register. In addition,
the Virginia Register is a source of other information about state
government, including petitions for rulemaking, emergency regulations,
executive orders issued by the Governor, and notices of public hearings on
regulations.
ADOPTION,
AMENDMENT, AND REPEAL OF REGULATIONS
An
agency wishing to adopt, amend, or repeal regulations must first publish in the
Virginia Register a notice of intended regulatory action; a basis,
purpose, substance and issues statement; an economic impact analysis prepared
by the Department of Planning and Budget; the agency’s response to the economic
impact analysis; a summary; a notice giving the public an opportunity to
comment on the proposal; and the text of the proposed regulation.
Following
publication of the proposal in the Virginia Register, the promulgating agency
receives public comments for a minimum of 60 days. The Governor reviews the
proposed regulation to determine if it is necessary to protect the public
health, safety and welfare, and if it is clearly written and easily
understandable. If the Governor chooses to comment on the proposed regulation,
his comments must be transmitted to the agency and the Registrar no later than
15 days following the completion of the 60-day public comment period. The
Governor’s comments, if any, will be published in the Virginia Register.
Not less than 15 days following the completion of the 60-day public comment
period, the agency may adopt the proposed regulation.
The
Joint Commission on Administrative Rules (JCAR) or the appropriate standing
committee of each house of the General Assembly may meet during the
promulgation or final adoption process and file an objection with the Registrar
and the promulgating agency. The objection will be published in the Virginia
Register. Within 21 days after receipt by the agency of a legislative
objection, the agency shall file a response with the Registrar, the objecting
legislative body, and the Governor.
When
final action is taken, the agency again publishes the text of the regulation as
adopted, highlighting all changes made to the proposed regulation and
explaining any substantial changes made since publication of the proposal. A
30-day final adoption period begins upon final publication in the Virginia
Register.
The
Governor may review the final regulation during this time and, if he objects,
forward his objection to the Registrar and the agency. In addition to or in
lieu of filing a formal objection, the Governor may suspend the effective date
of a portion or all of a regulation until the end of the next regular General
Assembly session by issuing a directive signed by a majority of the members of
the appropriate legislative body and the Governor. The Governor’s objection or
suspension of the regulation, or both, will be published in the Virginia
Register. If the Governor finds that changes made to the proposed
regulation have substantial impact, he may require the agency to provide an
additional 30-day public comment period on the changes. Notice of the
additional public comment period required by the Governor will be published in
the Virginia Register.
The
agency shall suspend the regulatory process for 30 days when it receives
requests from 25 or more individuals to solicit additional public comment,
unless the agency determines that the changes have minor or inconsequential
impact.
A
regulation becomes effective at the conclusion of the 30-day final adoption
period, or at any other later date specified by the promulgating agency, unless
(i) a legislative objection has been filed, in which event the regulation,
unless withdrawn, becomes effective on the date specified, which shall be after
the expiration of the 21-day objection period; (ii) the Governor exercises his
authority to require the agency to provide for additional public comment, in
which event the regulation, unless withdrawn, becomes effective on the date
specified, which shall be after the expiration of the period for which the
Governor has provided for additional public comment; (iii) the Governor and the
General Assembly exercise their authority to suspend the effective date of a
regulation until the end of the next regular legislative session; or (iv) the
agency suspends the regulatory process, in which event the regulation, unless
withdrawn, becomes effective on the date specified, which shall be after the
expiration of the 30-day public comment period and no earlier than 15 days from
publication of the readopted action.
A
regulatory action may be withdrawn by the promulgating agency at any time
before the regulation becomes final.
FAST-TRACK
RULEMAKING PROCESS
Section
2.2-4012.1 of the Code of Virginia provides an exemption from certain
provisions of the Administrative Process Act for agency regulations deemed by
the Governor to be noncontroversial.  To use this process, Governor's
concurrence is required and advance notice must be provided to certain
legislative committees.  Fast-track regulations will become effective on the
date noted in the regulatory action if no objections to using the process are
filed in accordance with § 2.2-4012.1.
EMERGENCY
REGULATIONS
Pursuant
to § 2.2-4011 of the Code of Virginia, an agency, upon consultation
with the Attorney General, and at the discretion of the Governor, may adopt
emergency regulations that are necessitated by an emergency situation. An
agency may also adopt an emergency regulation when Virginia statutory law or
the appropriation act or federal law or federal regulation requires that a
regulation be effective in 280 days or less from its enactment. The emergency regulation becomes operative upon its
adoption and filing with the Registrar of Regulations, unless a later date is
specified. Emergency regulations are limited to no more than 18 months in
duration; however, may be extended for six months under certain circumstances
as provided for in § 2.2-4011 D. Emergency regulations are published as
soon as possible in the Register.
During
the time the emergency status is in effect, the agency may proceed with the
adoption of permanent regulations through the usual procedures. To begin
promulgating the replacement regulation, the agency must (i) file the Notice of
Intended Regulatory Action with the Registrar within 60 days of the effective
date of the emergency regulation and (ii) file the proposed regulation with the
Registrar within 180 days of the effective date of the emergency regulation. If
the agency chooses not to adopt the regulations, the emergency status ends when
the prescribed time limit expires.
STATEMENT
The
foregoing constitutes a generalized statement of the procedures to be followed.
For specific statutory language, it is suggested that Article 2 (§ 2.2-4006
et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia be examined
carefully.
CITATION
TO THE VIRGINIA REGISTER
The Virginia
Register is cited by volume, issue, page number, and date. 34:8 VA.R.
763-832 December 11, 2017, refers to Volume 34, Issue 8, pages 763 through
832 of the Virginia Register issued on 
December 11, 2017.
The
Virginia Register of Regulations is
published pursuant to Article 6 (§ 2.2-4031 et seq.) of Chapter 40 of
Title 2.2 of the Code of Virginia. 
Members
of the Virginia Code Commission: John
S. Edwards, Chair; James A. "Jay" Leftwich, Vice Chair;
Ryan T. McDougle; Rita Davis; Leslie L. Lilley; E.M. Miller,
Jr.; Thomas M. Moncure, Jr.; Christopher R. Nolen; Charles S. Sharp; Samuel T.
Towell; Mark J. Vucci.
Staff
of the Virginia Register: Karen
Perrine, Registrar of Regulations; Anne Bloomsburg, Assistant
Registrar; Rhonda Dyer, Publications Assistant; Terri Edwards, Senior
Operations Staff Assistant.
 
 
                                                        PUBLICATION SCHEDULE AND DEADLINES
Vol. 35 Iss. 8 - December 10, 2018
January 2019 through December 2019
 
  | Volume: Issue | Material Submitted By Noon* | Will Be Published On | 
 
  | 35:10 | December 14, 2018 (Friday) | January 7, 2019 | 
 
  | 35:11 | January 2, 2019 | January 21, 2019 | 
 
  | 35:12 | January 16, 2019 | February 4, 2019 | 
 
  | 35:13 | January 30, 2019 | February18, 2019 | 
 
  | 35:14 | February 13, 2019 | March 4, 2019 | 
 
  | 35:15 | February 27, 2019 | March 18, 2019 | 
 
  | 35:16 | March 13, 2019 | April 1, 2019 | 
 
  | 35:17 | March 27, 2019 | April 15, 2019 | 
 
  | 35:18 | April 10, 2019 | April 29, 2019 | 
 
  | 35:19 | April 24, 2019 | May 13, 2019 | 
 
  | 35:20 | May 8, 2019 | May 27, 2019 | 
 
  | 35:21 | May 22, 2019 | June 10, 2019 | 
 
  | 35:22 | June 5, 2019 | June 24, 2019 | 
 
  | 35:23 | June 19, 2019 | July 8, 2019 | 
 
  | 35:24 | July 3, 2019 | July 22, 2019 | 
 
  | 35:25 | July 17, 2019 | August 5, 2019 | 
 
  | 35:26 | July 31, 2019 | August 19, 2019 | 
 
  | 36:1 | August 14, 2019 | September 2, 2019 | 
 
  | 36:2 | August 28, 2019 | September 16, 2019 | 
 
  | 36:3 | September 11, 2019 | September 30, 2019 | 
 
  | 36:4 | September 25, 2019 | October 14, 2019 | 
 
  | 36:5 | October 9, 2019 | October 28, 2019 | 
 
  | 36:6 | October 23, 2019 | November 11, 2019 | 
 
  | 36:7 | November 6, 2019 | November 25, 2019 | 
 
  | 36:8 | November 18, 2019 (Monday) | December 9, 2019 | 
 
  | 36:9 | December 4, 2019 | December 23, 2019 | 
*Filing deadlines are Wednesdays
unless otherwise specified.
 
   
                                                        PETITIONS FOR RULEMAKING
Vol. 35 Iss. 8 - December 10, 2018
TITLE
18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF COUNSELING
Initial Agency Notice
Title of Regulation:
18VAC115-50. Regulations Governing the Practice of Marriage and Family Therapy.
Statutory Authority: § 54.1-2400 of the Code of
Virginia.
Name of Petitioner: Jamie West.
Nature of Petitioner's Request: To count up to 600 hours
of supervised experience in a Commission on Accreditation for Marriage and
Family Therapy Education or a Council for Accreditation of Counseling and
Related Educational Programs doctoral program towards hours of residency.
Agency Plan for Disposition of Request: In accordance
with Virginia law, the petition will be filed with the Registrar of Regulations
and published on December 10, 2018, with comment requested until January 9,
2019. It will also be placed on the Virginia Regulatory Town Hall and available
for comments to be posted electronically. At its first meeting following the
close of comment, scheduled for February 8, 2019, the board will consider the
request to amend regulations and all comment received in support or opposition.
The board will inform the petitioner of its response and any action it
approves.
Public Comment Deadline: January 9, 2019.
Agency Contact: Jaime Hoyle, Executive Director, Board
of Counseling, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone
(804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.
VA.R. Doc. No. R19-17; Filed November 9, 2018, 8:54 a.m.
 
 
                                                        
                                                        
                                                        REGULATIONS
Vol. 35 Iss. 8 - December 10, 2018
TITLE 1. ADMINISTRATION
STATE BOARD OF ELECTIONS
Notice of Change in Public Hearing Date and Time
 
 Title of Regulation: 1VAC20-50. Candidate
 Qualification (amending 1VAC20-50-20). 
 
 Statutory Authority: §§ 24.2-103 and 24.2-506 of the
 Code of Virginia.
 
 Notice of Public Hearing Date and Time Change: The State
 Board of Elections announced a public hearing and a public comment period on
 proposed amendments to 1VAC20-50 in the Virginia Register of Regulations in 35:7 VA.R. 1013 November 26, 2018. The
 date and time of the public hearing has changed. The public hearing is now
 scheduled for 2:00 p.m. on December 21, 2018, in the Virginia State Capitol,
 1000 Bank Street, Senate Room 3, Richmond, VA 23219. 
 
 Agency Contact: David Nichols, Director of Election
 Services, Department of Elections, 1100 Bank Street, Richmond, VA 23219,
 telephone (804) 864-8952, or email david.nichols@elections.virginia.gov.
 
 VA.R. Doc. No. R19-5732; Filed November 27, 2018, 11:38 a.m. 
TITLE 8. EDUCATION
STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA
Final Regulation
 
 
 
 REGISTRAR'S NOTICE: The
 State Council of Higher Education for Virginia is claiming an exemption from
 the Administrative Process Act in accordance with § 2.2-4002 B 4 of
 the Code of Virginia, which exempts regulations relating to grants of state or
 federal funds or property.
 
  
 
 Title of Regulation: 8VAC40-170. Cybersecurity
 Student Loan Repayment Grant Regulations (adding 8VAC40-170-10 through 8VAC40-170-60). 
 
 Statutory Authority: § 23.1-203 of the Code of Virginia;
 Item 141 of Chapter 2 of the 2018 Acts of Assembly, Special Session I.
 
 Effective Date: December 10, 2018. 
 
 Agency Contact: Beverly Rebar, Senior Associate for
 Academic and Legislative Affairs, State Council of Higher Education for
 Virginia, 101 North 14th Street, 9th Floor, Monroe Building, Richmond, VA
 23219, telephone (804) 371-0571, or email beverlyrebar@schev.edu.
 
 Summary:
 
 Pursuant to Item 141 I of Chapter 2 of the 2018 Acts of
 Assembly, Special Session I (Appropriation Act), the action establishes
 requirements to govern administration and award of grant funds under the
 Cybersecurity Student Loan Repayment Grant Program, including (i) recent
 graduate and veteran eligibility and academic or job qualifications, (ii) the
 application process, and (iii) identification and prioritization of qualified
 employers and qualified employment.
 
 CHAPTER 170
 CYBERSECURITY STUDENT LOAN REPAYMENT GRANT REGULATIONS
 
 8VAC40-170-10. Definitions.
 
 "Active duty service" means full-time duty in
 the active military service of the United States. Such service includes (i)
 full-time training duty, annual training duty, and attendance while in the
 active military service at a school designated as a service school by law or by
 the secretary of the military department concerned and (ii) Air Force, Army,
 Coast Guard, Marines, Navy, and National Guard members operating under Title 10
 of the United States Code, but does not include full-time National Guard duty
 operating under Title 32 of the United States Code. This definition is only
 applicable if the applicant attempts to qualify under the "separation from
 active duty service" provision under 8VAC40-170-30 B 2.
 
 "Award year" means the Commonwealth of
 Virginia's fiscal budget year, July 1 through June 30 of the following year.
 
 "Contract" means the document detailing the
 program and employer contributions for a specific employee, including annual
 grant amounts and duration, in conformance with this chapter.
 
 "Full-time employment" means an employee is
 assigned to nonrestricted, classified, or other salaried positions that work
 the equivalent of 40 hours per week for 12 months per year.
 
 "IT" means the field of information technology.
 
 "Private institution of higher education" means
 each in-state nonprofit and proprietary private institution of higher education
 in the Commonwealth.
 
 "Program" means the Cybersecurity Student Loan
 Repayment Grant Program.
 
 "Public institution of higher education" means
 the Virginia Community College System as a whole and each associate-degree
 granting and baccalaureate public institution of higher education in the
 Commonwealth.
 
 "Qualified employment" means an employment
 position meeting the requirements of this chapter.
 
 "Reside within Virginia" means an individual has
 secured physical housing located within the geographical boundaries of the
 Commonwealth of Virginia during the period of qualified employment under the
 contract.
 
 "SCHEV" means employees of the State Council of
 Higher Education for Virginia assigned to the administration of the program.
 
 "Student loan" means any qualified education
 loan obtained specifically to finance education or other school-related
 expenses but does not include credit card debt, a home equity loan, or
 revolving debt.
 
 "Veteran" means an individual who has served on
 active duty in the Armed Forces of the United States and who was discharged or
 released from such service under conditions other than dishonorable.
 
 8VAC40-170-20. Award details.
 
 From such funds as are available through appropriations
 and subject to matching employer funds, recipients will be eligible for up to
 $20,000 total from a combination of program funds and employer match.
 
 1. The employer match must be equal to or greater than the
 program match.
 
 2. The actual award may be reduced based on available
 program funds and employer match.
 
 3. Awards may be renewed for up to two years, for a maximum
 total of three years, subject to employer commitments upon initial awarding,
 available funds, number of applications, and prioritization of employer and
 position. 
 
 8VAC40-170-30. Recipient criteria.
 
 A. A recipient shall reside within Virginia during the
 period of qualified employment in which the contract is in force.
 
 B. A recipient shall begin full-time employment within one
 year of:
 
 1. Graduation from a public institution of higher education
 or regionally accredited private institution of higher education with an
 undergraduate or graduate degree in computer science or another academic
 program recognized by the State Council of Higher Education for Virginia to prepare
 an individual for a career in cybersecurity; or
 
 2. Separation from active duty service in the Armed Forces
 of the United States; having been discharged or released from such service
 under conditions other than dishonorable and having gained experience or
 received training in computer science during such service.
 
 C. A recipient shall accept an offer of qualified
 employment from an employer located within the Commonwealth of Virginia.
 
 1. Eligible employers include:
 
 a. A state agency of the Commonwealth of Virginia, 
 
 b. An agency of the federal government,
 
 c. A federal or state military or defense organization, and
 
 
 d. Any private organization that contractually provides
 cybersecurity services for any organization listed in this subdivision 1 and
 such private organization.
 
 2. Eligible positions include: 
 
 a. Positions tagged with "#COVAcyberjobs" on the
 website jobs.virginia.gov;
 
 b. Positions with role titles such as "Information
 Technology Specialist I-IV" and "Information Technology Manager
 I-III";
 
 c. Positions having a cybersecurity component or
 demonstrating a career-path that leads into cybersecurity responsibilities,
 which will be considered on a case-by-case basis; and
 
 d. Positions whose job descriptions include the following
 key words or combination of words, which may be considered on a case-by-case
 basis:
 
 (1) Cyber, cyber security, cyber-security, security,
 secure, securing, compliance, threat, detection, vulnerability, audit,
 compliance, protect, firewall, risk, or incident.
 
 (2) Analyze, collect and operate, investigate, operate and
 maintain, oversight and development, protect and defend, or securely provision.
 
 8VAC40-170-40. Award prioritization.
 
 A. Once funding for an award year has been fully
 committed, no further applications will be considered.
 
 B. Merit criteria may be considered for individual
 eligibility and may be utilized for any individual application not yet
 reviewed. The criteria may include:
 
 1. Qualifying veteran status;
 
 2. Cumulative grade point average for a degree program;
 
 3. Cumulative grade point average within a major;
 
 4. Amount of outstanding student loans; and
 
 5. Prior IT experience.
 
 C. Employment priority will be given the following order:
 
 1. Positions explicitly supporting cybersecurity.
 
 2. Information technology management.
 
 3. Information technology specialist.
 
 4. Positions with current cybersecurity responsibilities.
 
 5. Positions whose career path leads directly into
 cybersecurity responsibilities.
 
 D. Employer priority will be given the following order:
 
 1. State agencies.
 
 2. Private employers contracting with state agencies.
 
 3. Military or defense organizations.
 
 4. Federal agencies.
 
 5. Private employers contracting with federal or military
 agencies.
 
 8VAC40-170-50. Participation process.
 
 A. Individual certification of eligibility.
 
 1. The individual may submit an application for eligibility
 at any time following, but within one year of, degree completion or separation
 from military.
 
 2. In the application, the individual must verify:
 
 a. Physical residence within the Commonwealth; 
 
 b. That the individual is within one year of either:
 
 (1) Graduation from a qualifying institution; or
 
 (2) Separation from active duty service from the U.S.
 military; and
 
 c. Amount of student loan debt.
 
 3. Individuals meeting the requirements will be issued a
 certification of eligibility with an expiration date. Such certification does
 not convey any commitment by the individual to seek qualified employment nor
 assurance that grant funds will be available. 
 
 B. Employer contract submission.
 
 1. Prior to advertisement or selection of applicants, the
 employer may seek confirmation that an open position is eligible under this
 program. Such verification does not convey any commitment by the employer to
 fill the position nor any assurance that grant funds will be available.
 
 2. To submit a contract proposal, the employer must
 certify:
 
 a. The eligible individual has been or will be offered a
 qualifying position.
 
 b. The individual meets all federal and state employment
 requirements, including having secured necessary security clearances required
 for the performance of the position.
 
 c. A permanent mailing address for the individual is on
 record.
 
 d. A description of the position offered.
 
 e. That the individual's education or training meet the
 requirements for the position being offered. 
 
 f. The amount and duration of the employer match.
 
 g. Verification of a current valid contract with the
 Commonwealth of Virginia or a Virginia state agency, federal agency, or
 qualifying military organization including how the position relates to that
 contract if a private employer.
 
 3. SCHEV verification and contract approval.
 
 a. Using information provided, SCHEV will verify whether
 the individual, the employer, and the position are eligible under the program.
 
 b. SCHEV will determine the amount and duration of the
 state matching commitment from the grant and that the employer match is in
 conformance with this chapter.
 
 c. There is no program commitment or reservation of funds
 until SCHEV has confirmed individual eligibility and has signed the contract
 identifying the state and employer program match and duration of agreement. 
 
 8VAC40-170-60. Grant administration.
 
 A. Funds disbursement.
 
 1. Each six months, the employee will receive half of the
 annual award (half of employer match and half of the grant match) that the
 employer certifies that:
 
 a. The employee remains employed full time in the approved
 position; and 
 
 b. Employer has verified payment of the employer matching
 requirement.
 
 2. Disbursements from the grant will be made directly to
 the employee.
 
 B. Grant conditions.
 
 1. No employment service time shall be used to
 simultaneously satisfy the requirements of this program while satisfying
 requirements for:
 
 a. Federal CyberCorp® Scholarship for Service; 
 
 b. Virginia Cybersecurity Public Service Scholarship; or
 
 c. Any other Commonwealth of Virginia employment incentive
 bonus.
 
 2. The contract is null and void and no further grant
 disbursements will take place if:
 
 a. The applicant does not accept the offer of employment,
 inclusive of a program contract as part of the compensation package. 
 
 b. The applicant fails to secure and maintain initial or
 subsequent security clearances required for the approved position.
 
 c. The employee leaves employment or is fired for cause.
 
 d. The employee ceases to be employed full time in a
 qualifying position.
 
 e. The employer fails to fulfill the contract. In addition,
 the employer may be disqualified from future consideration for any contracts
 under this program.
 
 f. The employee defaults on any student loan during the
 time of employment.
 
 3. If the employee is subject to a layoff or other
 reduction in force, the employee may be considered for a pro rata award based
 on the length of service if the employer certifies satisfactory performance
 during the time of qualified employment.
 
 C. Eligibility for multiple grants.
 
 1. Individuals may have no more than one contract in force
 at one time.
 
 2. There are two paths to eligibility: (i) degree completion
 or (ii) separation from military service. Therefore, it is possible for an
 individual to meet the initial eligibility criteria multiple times. An employee
 may be considered for an additional grant under this program if the employee
 meets the recipient criteria under 8VAC40-170-30 and 
 
 a. Is offered a qualifying position of increased
 responsibility level within the organization; or 
 
 b. Has been offered a qualifying position of increased
 responsibility at another eligible employer. 
 
 3. No employee may receive a second grant contract for the
 same employment position or equivalent level of employment either with the
 initial employer or any other eligible employer.
 
 VA.R. Doc. No. R19-5740; Filed November 29, 2018, 8:21 a.m. 
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation
 
 
 
 REGISTRAR'S NOTICE: The
 State Air Pollution Control Board is claiming an exemption from Article 2 of
 the Administrative Process Act in accordance with § 2.2-4006 A 3 of the
 Code of Virginia, which excludes regulations that consist only of changes in
 style or form or corrections of technical errors. The State Air Pollution
 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: 9VAC5-220. Variance for Rocket
 Motor Test Operations at Atlantic Research Corporation Orange County Facility (Rev.
 A18) (amending 9VAC5-220-10, 9VAC5-220-20). 
 
 Statutory Authority: §§ 10.1-1307 and 10.1-1308 of
 the Code of Virginia.
 
 Effective Date: January 9, 2019. 
 
 Agency Contact: Gary E. Graham, Department of Environmental
 Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218,
 telephone (804) 698-4103, or email gary.graham@deq.virginia.gov.
 
 Summary:
 
 The amendments correct the name of the owner and operator
 of the rocket motor testing facility in the regulation. 
 
 CHAPTER 220
 VARIANCE FOR ROCKET MOTOR TEST OPERATIONS AT ATLANTIC RESEARCH CORPORATION
 AEROJET ROCKETDYNE, INC. ORANGE COUNTY FACILITY 
 
 9VAC5-220-10. Applicability and designation of affected
 facility. 
 
 The affected facility to which the provisions of this chapter
 apply is the Atlantic Research Corporation Aerojet Rocketdyne, Inc.
 Orange County facility. 
 
 9VAC5-220-20. Definitions. 
 
 A. For the purpose of this chapter or any associated orders
 issued by the board, the words or terms in subsection C of this section
 shall have the meanings given them in subsection C of this section. 
 
 B. As used in this chapter, all terms not defined herein
 in this section shall have the meanings given them in 9VAC5 Chapter
 10 (9VAC5-10) and 9VAC5-170-140, unless otherwise required by
 context. 
 
 C. Terms defined. 
 
 "Atlantic Research Corporation" "Aerojet
 Rocketdyne, Inc." means the owner and operator of a rocket motor test
 facility located at 7499 Pine Stake Road, Culpeper, Virginia, known as the
 Orange County facility. 
 
 "EPA" means the United States U.S.
 Environmental Protection Agency. 
 
 "Facility" means the contiguous property at 7499
 Pine Stake Road, Culpeper, Virginia, owned and operated by the Atlantic
 Research Corporation Aerojet Rocketdyne, Inc. or its successors in
 ownership, and known as the Orange County facility. 
 
 "Order" means the order granting this variance. 
 
 "Rocket motor test operations" means static testing
 of solid propellant rocket motors on a fixed test stand. Such tests are
 conducted for the research, development, and production of rocket motors. 
 
 "VAC" and "9 VAC" mean Title 9 of the
 Virginia Administrative Code. This title comprises the environmental
 regulations for the Commonwealth of Virginia, including the regulations of the
 State Air Pollution Control Board. 
 
 "Variance" means 9VAC5 Chapter 220 (9VAC5-220)
 this chapter. 
 
 VA.R. Doc. No. R19-5544; Filed November 14, 2018, 9:33 a.m. 
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Forms
 
 
 
 REGISTRAR'S NOTICE:
 Forms used in administering the regulation have been filed by the agency. The
 form is not being published; however, online users of this issue of the
 Virginia Register of Regulations may click on the name of a form with a
 hyperlink to access it. The form is also available from the agency contact or
 may be viewed at the Office of the Registrar of Regulations, 900 East Main
 Street, 11th Floor, Richmond, Virginia 23219. 
 
  
 
 Titles of Regulations: 9VAC25-20. Fees for Permits
 and Certificates.
 
 9VAC25-115. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Seafood Processing Facilities.
 
 9VAC25-151. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Discharges of Storm Water Associated with Industrial
 Activity. 
 
 9VAC25-190. Virginia Pollutant Discharge Elimination System
 (VPDES) General Permit Regulation for Nonmetallic Mineral Mining. 
 
 9VAC25-193. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Concrete Products Facilities. 
 
 9VAC25-210. Virginia Water Protection Permit Program
 Regulation. 
 
 9VAC25-610. Groundwater Withdrawal Regulations. 
 
 9VAC25-660. Virginia Water Protection General Permit for
 Impacts Less than One-Half Acre. 
 
 9VAC25-670. Virginia Water Protection General Permit for
 Facilities and Activities of Utility and Public Service Companies Regulated by
 the Federal Energy Regulatory Commission or the State Corporation Commission
 and Other Utility Line Activities. 
 
 9VAC25-680. Virginia Water Protection General Permit for
 Linear Transportation Projects. 
 
 9VAC25-690. Virginia Water Protection General Permit for
 Impacts from Development and Certain Mining Activities.
 
 Contact Information: Debra Harris, Department of
 Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804)
 698-4209, or email debra.harris@deq.virginia.gov.
 
 FORMS (9VAC25-20)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Biosolids Land Application Local Monitoring
 Expenses Reimbursement Invoice, Form 1 (rev. 6/2013)
 
 Biosolids Land Application Local Monitoring
 Expenses Multiple Owners Payment Assignment, Form 2 (rev. 6/2013)
 
 Biosolids Land Application Fee Reimbursement
 Notice of Intent to Seek Reconsideration, Form 3 (rev. 8/2007)
 
 Biosolids Land Application Fee Reimbursement
 Reconsideration Claim Form, Form 4 (rev. 8/2007) 
 
 FORMS (9VAC25-115)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Seafood Processing
 Facilities, July 2016 reissuance (rev. 4/2016)
 
 FORMS (9VAC25-151) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Registration Statement, SWGP VAR05-RS (eff.
 7/2014)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Notice of Termination, SWGP VAR05-NOT (eff.
 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 (VPDES) Discharge Monitoring Report (DMR) (eff. 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 Change of Ownership Form (undated)
 
 FORMS (9VAC25-190)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 VPDES General Permit for Nonmetallic Mineral
 Mining (VAG84) - Notice of Termination (eff. 7/2014)
 
 VPDES General Permit Registration Statement -
 Nonmetallic Mineral Mining (rev. 2014)
 
 FORMS (9VAC25-193) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Concrete Products
 Facilities, VAG11 (rev. 4/2013)
 
 FORMS (9VAC25-210) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Tidewater Joint Permit Application for Projects
 Involving Tidal Waters, Tidal Wetlands and/or Dunes and Beaches in Virginia
 (rev. 5/2017)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-610) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Application Instructions for Completing a Groundwater
 Withdrawal Permit Application (rev. 11/2013)
 
 Application for a Groundwater Withdrawal Permit
 (rev. 9/2012)
 
 Groundwater Withdrawal Permit - Change of
 Ownership Agreement Form (rev. 11/2013) 
 
 Uncontested Termination Agreement (rev. 11/2013) 
 
 Uniform Water Well Completion Report, Form GW-2
 (rev. 8/2016)
 
 Uniform Water Well Completion Report Well
 Abandonment Form, GW-5 (rev. 8/2016)
 
 Public Notice Authorization Form - Authorization
 for Public Notice Billing to Groundwater Withdrawal Permit Applicant (rev.
 11/2013) 
 
 Preapplication Meeting - Application for a
 Groundwater Withdrawal Permit (rev. 9/2012)
 
 Local and Areawide Planning Requirements (rev.
 9/2012)
 
 Quarterly Groundwater Withdrawal Report (rev.
 11/2013) 
 
 Mitigation Plan (rev. 11/2013) 
 
 Existing Users Groundwater Withdrawal Permit
 Application and Instructions (eff. 2/2014) 
 
 FORMS (9VAC25-660) 
 
 Department of Environmental Quality Water Division Permit Application
 Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-670) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-680) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-690) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 VA.R. Doc. No. R19-5735; Filed November 13, 2018, 1:54 p.m. 
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Forms
 
 
 
 REGISTRAR'S NOTICE:
 Forms used in administering the regulation have been filed by the agency. The
 form is not being published; however, online users of this issue of the
 Virginia Register of Regulations may click on the name of a form with a
 hyperlink to access it. The form is also available from the agency contact or
 may be viewed at the Office of the Registrar of Regulations, 900 East Main
 Street, 11th Floor, Richmond, Virginia 23219. 
 
  
 
 Titles of Regulations: 9VAC25-20. Fees for Permits
 and Certificates.
 
 9VAC25-115. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Seafood Processing Facilities.
 
 9VAC25-151. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Discharges of Storm Water Associated with Industrial
 Activity. 
 
 9VAC25-190. Virginia Pollutant Discharge Elimination System
 (VPDES) General Permit Regulation for Nonmetallic Mineral Mining. 
 
 9VAC25-193. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Concrete Products Facilities. 
 
 9VAC25-210. Virginia Water Protection Permit Program
 Regulation. 
 
 9VAC25-610. Groundwater Withdrawal Regulations. 
 
 9VAC25-660. Virginia Water Protection General Permit for
 Impacts Less than One-Half Acre. 
 
 9VAC25-670. Virginia Water Protection General Permit for
 Facilities and Activities of Utility and Public Service Companies Regulated by
 the Federal Energy Regulatory Commission or the State Corporation Commission
 and Other Utility Line Activities. 
 
 9VAC25-680. Virginia Water Protection General Permit for
 Linear Transportation Projects. 
 
 9VAC25-690. Virginia Water Protection General Permit for
 Impacts from Development and Certain Mining Activities.
 
 Contact Information: Debra Harris, Department of
 Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804)
 698-4209, or email debra.harris@deq.virginia.gov.
 
 FORMS (9VAC25-20)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Biosolids Land Application Local Monitoring
 Expenses Reimbursement Invoice, Form 1 (rev. 6/2013)
 
 Biosolids Land Application Local Monitoring
 Expenses Multiple Owners Payment Assignment, Form 2 (rev. 6/2013)
 
 Biosolids Land Application Fee Reimbursement
 Notice of Intent to Seek Reconsideration, Form 3 (rev. 8/2007)
 
 Biosolids Land Application Fee Reimbursement
 Reconsideration Claim Form, Form 4 (rev. 8/2007) 
 
 FORMS (9VAC25-115)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Seafood Processing
 Facilities, July 2016 reissuance (rev. 4/2016)
 
 FORMS (9VAC25-151) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Registration Statement, SWGP VAR05-RS (eff.
 7/2014)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Notice of Termination, SWGP VAR05-NOT (eff.
 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 (VPDES) Discharge Monitoring Report (DMR) (eff. 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 Change of Ownership Form (undated)
 
 FORMS (9VAC25-190)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 VPDES General Permit for Nonmetallic Mineral
 Mining (VAG84) - Notice of Termination (eff. 7/2014)
 
 VPDES General Permit Registration Statement -
 Nonmetallic Mineral Mining (rev. 2014)
 
 FORMS (9VAC25-193) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Concrete Products
 Facilities, VAG11 (rev. 4/2013)
 
 FORMS (9VAC25-210) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Tidewater Joint Permit Application for Projects
 Involving Tidal Waters, Tidal Wetlands and/or Dunes and Beaches in Virginia
 (rev. 5/2017)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-610) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Application Instructions for Completing a Groundwater
 Withdrawal Permit Application (rev. 11/2013)
 
 Application for a Groundwater Withdrawal Permit
 (rev. 9/2012)
 
 Groundwater Withdrawal Permit - Change of
 Ownership Agreement Form (rev. 11/2013) 
 
 Uncontested Termination Agreement (rev. 11/2013) 
 
 Uniform Water Well Completion Report, Form GW-2
 (rev. 8/2016)
 
 Uniform Water Well Completion Report Well
 Abandonment Form, GW-5 (rev. 8/2016)
 
 Public Notice Authorization Form - Authorization
 for Public Notice Billing to Groundwater Withdrawal Permit Applicant (rev.
 11/2013) 
 
 Preapplication Meeting - Application for a
 Groundwater Withdrawal Permit (rev. 9/2012)
 
 Local and Areawide Planning Requirements (rev.
 9/2012)
 
 Quarterly Groundwater Withdrawal Report (rev.
 11/2013) 
 
 Mitigation Plan (rev. 11/2013) 
 
 Existing Users Groundwater Withdrawal Permit
 Application and Instructions (eff. 2/2014) 
 
 FORMS (9VAC25-660) 
 
 Department of Environmental Quality Water Division Permit Application
 Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-670) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-680) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-690) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 VA.R. Doc. No. R19-5735; Filed November 13, 2018, 1:54 p.m. 
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Forms
 
 
 
 REGISTRAR'S NOTICE:
 Forms used in administering the regulation have been filed by the agency. The
 form is not being published; however, online users of this issue of the
 Virginia Register of Regulations may click on the name of a form with a
 hyperlink to access it. The form is also available from the agency contact or
 may be viewed at the Office of the Registrar of Regulations, 900 East Main
 Street, 11th Floor, Richmond, Virginia 23219. 
 
  
 
 Titles of Regulations: 9VAC25-20. Fees for Permits
 and Certificates.
 
 9VAC25-115. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Seafood Processing Facilities.
 
 9VAC25-151. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Discharges of Storm Water Associated with Industrial
 Activity. 
 
 9VAC25-190. Virginia Pollutant Discharge Elimination System
 (VPDES) General Permit Regulation for Nonmetallic Mineral Mining. 
 
 9VAC25-193. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Concrete Products Facilities. 
 
 9VAC25-210. Virginia Water Protection Permit Program
 Regulation. 
 
 9VAC25-610. Groundwater Withdrawal Regulations. 
 
 9VAC25-660. Virginia Water Protection General Permit for
 Impacts Less than One-Half Acre. 
 
 9VAC25-670. Virginia Water Protection General Permit for
 Facilities and Activities of Utility and Public Service Companies Regulated by
 the Federal Energy Regulatory Commission or the State Corporation Commission
 and Other Utility Line Activities. 
 
 9VAC25-680. Virginia Water Protection General Permit for
 Linear Transportation Projects. 
 
 9VAC25-690. Virginia Water Protection General Permit for
 Impacts from Development and Certain Mining Activities.
 
 Contact Information: Debra Harris, Department of
 Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804)
 698-4209, or email debra.harris@deq.virginia.gov.
 
 FORMS (9VAC25-20)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Biosolids Land Application Local Monitoring
 Expenses Reimbursement Invoice, Form 1 (rev. 6/2013)
 
 Biosolids Land Application Local Monitoring
 Expenses Multiple Owners Payment Assignment, Form 2 (rev. 6/2013)
 
 Biosolids Land Application Fee Reimbursement
 Notice of Intent to Seek Reconsideration, Form 3 (rev. 8/2007)
 
 Biosolids Land Application Fee Reimbursement
 Reconsideration Claim Form, Form 4 (rev. 8/2007) 
 
 FORMS (9VAC25-115)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Seafood Processing
 Facilities, July 2016 reissuance (rev. 4/2016)
 
 FORMS (9VAC25-151) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Registration Statement, SWGP VAR05-RS (eff.
 7/2014)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Notice of Termination, SWGP VAR05-NOT (eff.
 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 (VPDES) Discharge Monitoring Report (DMR) (eff. 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 Change of Ownership Form (undated)
 
 FORMS (9VAC25-190)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 VPDES General Permit for Nonmetallic Mineral
 Mining (VAG84) - Notice of Termination (eff. 7/2014)
 
 VPDES General Permit Registration Statement -
 Nonmetallic Mineral Mining (rev. 2014)
 
 FORMS (9VAC25-193) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Concrete Products
 Facilities, VAG11 (rev. 4/2013)
 
 FORMS (9VAC25-210) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Tidewater Joint Permit Application for Projects
 Involving Tidal Waters, Tidal Wetlands and/or Dunes and Beaches in Virginia
 (rev. 5/2017)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-610) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Application Instructions for Completing a Groundwater
 Withdrawal Permit Application (rev. 11/2013)
 
 Application for a Groundwater Withdrawal Permit
 (rev. 9/2012)
 
 Groundwater Withdrawal Permit - Change of
 Ownership Agreement Form (rev. 11/2013) 
 
 Uncontested Termination Agreement (rev. 11/2013) 
 
 Uniform Water Well Completion Report, Form GW-2
 (rev. 8/2016)
 
 Uniform Water Well Completion Report Well
 Abandonment Form, GW-5 (rev. 8/2016)
 
 Public Notice Authorization Form - Authorization
 for Public Notice Billing to Groundwater Withdrawal Permit Applicant (rev.
 11/2013) 
 
 Preapplication Meeting - Application for a
 Groundwater Withdrawal Permit (rev. 9/2012)
 
 Local and Areawide Planning Requirements (rev.
 9/2012)
 
 Quarterly Groundwater Withdrawal Report (rev.
 11/2013) 
 
 Mitigation Plan (rev. 11/2013) 
 
 Existing Users Groundwater Withdrawal Permit
 Application and Instructions (eff. 2/2014) 
 
 FORMS (9VAC25-660) 
 
 Department of Environmental Quality Water Division Permit Application
 Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-670) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-680) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-690) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 VA.R. Doc. No. R19-5735; Filed November 13, 2018, 1:54 p.m. 
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Forms
 
 
 
 REGISTRAR'S NOTICE:
 Forms used in administering the regulation have been filed by the agency. The
 form is not being published; however, online users of this issue of the
 Virginia Register of Regulations may click on the name of a form with a
 hyperlink to access it. The form is also available from the agency contact or
 may be viewed at the Office of the Registrar of Regulations, 900 East Main
 Street, 11th Floor, Richmond, Virginia 23219. 
 
  
 
 Titles of Regulations: 9VAC25-20. Fees for Permits
 and Certificates.
 
 9VAC25-115. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Seafood Processing Facilities.
 
 9VAC25-151. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Discharges of Storm Water Associated with Industrial
 Activity. 
 
 9VAC25-190. Virginia Pollutant Discharge Elimination System
 (VPDES) General Permit Regulation for Nonmetallic Mineral Mining. 
 
 9VAC25-193. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Concrete Products Facilities. 
 
 9VAC25-210. Virginia Water Protection Permit Program
 Regulation. 
 
 9VAC25-610. Groundwater Withdrawal Regulations. 
 
 9VAC25-660. Virginia Water Protection General Permit for
 Impacts Less than One-Half Acre. 
 
 9VAC25-670. Virginia Water Protection General Permit for
 Facilities and Activities of Utility and Public Service Companies Regulated by
 the Federal Energy Regulatory Commission or the State Corporation Commission
 and Other Utility Line Activities. 
 
 9VAC25-680. Virginia Water Protection General Permit for
 Linear Transportation Projects. 
 
 9VAC25-690. Virginia Water Protection General Permit for
 Impacts from Development and Certain Mining Activities.
 
 Contact Information: Debra Harris, Department of
 Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804)
 698-4209, or email debra.harris@deq.virginia.gov.
 
 FORMS (9VAC25-20)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Biosolids Land Application Local Monitoring
 Expenses Reimbursement Invoice, Form 1 (rev. 6/2013)
 
 Biosolids Land Application Local Monitoring
 Expenses Multiple Owners Payment Assignment, Form 2 (rev. 6/2013)
 
 Biosolids Land Application Fee Reimbursement
 Notice of Intent to Seek Reconsideration, Form 3 (rev. 8/2007)
 
 Biosolids Land Application Fee Reimbursement
 Reconsideration Claim Form, Form 4 (rev. 8/2007) 
 
 FORMS (9VAC25-115)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Seafood Processing
 Facilities, July 2016 reissuance (rev. 4/2016)
 
 FORMS (9VAC25-151) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Registration Statement, SWGP VAR05-RS (eff.
 7/2014)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Notice of Termination, SWGP VAR05-NOT (eff.
 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 (VPDES) Discharge Monitoring Report (DMR) (eff. 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 Change of Ownership Form (undated)
 
 FORMS (9VAC25-190)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 VPDES General Permit for Nonmetallic Mineral
 Mining (VAG84) - Notice of Termination (eff. 7/2014)
 
 VPDES General Permit Registration Statement -
 Nonmetallic Mineral Mining (rev. 2014)
 
 FORMS (9VAC25-193) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Concrete Products
 Facilities, VAG11 (rev. 4/2013)
 
 FORMS (9VAC25-210) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Tidewater Joint Permit Application for Projects
 Involving Tidal Waters, Tidal Wetlands and/or Dunes and Beaches in Virginia
 (rev. 5/2017)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-610) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Application Instructions for Completing a Groundwater
 Withdrawal Permit Application (rev. 11/2013)
 
 Application for a Groundwater Withdrawal Permit
 (rev. 9/2012)
 
 Groundwater Withdrawal Permit - Change of
 Ownership Agreement Form (rev. 11/2013) 
 
 Uncontested Termination Agreement (rev. 11/2013) 
 
 Uniform Water Well Completion Report, Form GW-2
 (rev. 8/2016)
 
 Uniform Water Well Completion Report Well
 Abandonment Form, GW-5 (rev. 8/2016)
 
 Public Notice Authorization Form - Authorization
 for Public Notice Billing to Groundwater Withdrawal Permit Applicant (rev.
 11/2013) 
 
 Preapplication Meeting - Application for a
 Groundwater Withdrawal Permit (rev. 9/2012)
 
 Local and Areawide Planning Requirements (rev.
 9/2012)
 
 Quarterly Groundwater Withdrawal Report (rev.
 11/2013) 
 
 Mitigation Plan (rev. 11/2013) 
 
 Existing Users Groundwater Withdrawal Permit
 Application and Instructions (eff. 2/2014) 
 
 FORMS (9VAC25-660) 
 
 Department of Environmental Quality Water Division Permit Application
 Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-670) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-680) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-690) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 VA.R. Doc. No. R19-5735; Filed November 13, 2018, 1:54 p.m. 
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Forms
 
 
 
 REGISTRAR'S NOTICE:
 Forms used in administering the regulation have been filed by the agency. The
 form is not being published; however, online users of this issue of the
 Virginia Register of Regulations may click on the name of a form with a
 hyperlink to access it. The form is also available from the agency contact or
 may be viewed at the Office of the Registrar of Regulations, 900 East Main
 Street, 11th Floor, Richmond, Virginia 23219. 
 
  
 
 Titles of Regulations: 9VAC25-20. Fees for Permits
 and Certificates.
 
 9VAC25-115. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Seafood Processing Facilities.
 
 9VAC25-151. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Discharges of Storm Water Associated with Industrial
 Activity. 
 
 9VAC25-190. Virginia Pollutant Discharge Elimination System
 (VPDES) General Permit Regulation for Nonmetallic Mineral Mining. 
 
 9VAC25-193. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Concrete Products Facilities. 
 
 9VAC25-210. Virginia Water Protection Permit Program
 Regulation. 
 
 9VAC25-610. Groundwater Withdrawal Regulations. 
 
 9VAC25-660. Virginia Water Protection General Permit for
 Impacts Less than One-Half Acre. 
 
 9VAC25-670. Virginia Water Protection General Permit for
 Facilities and Activities of Utility and Public Service Companies Regulated by
 the Federal Energy Regulatory Commission or the State Corporation Commission
 and Other Utility Line Activities. 
 
 9VAC25-680. Virginia Water Protection General Permit for
 Linear Transportation Projects. 
 
 9VAC25-690. Virginia Water Protection General Permit for
 Impacts from Development and Certain Mining Activities.
 
 Contact Information: Debra Harris, Department of
 Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804)
 698-4209, or email debra.harris@deq.virginia.gov.
 
 FORMS (9VAC25-20)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Biosolids Land Application Local Monitoring
 Expenses Reimbursement Invoice, Form 1 (rev. 6/2013)
 
 Biosolids Land Application Local Monitoring
 Expenses Multiple Owners Payment Assignment, Form 2 (rev. 6/2013)
 
 Biosolids Land Application Fee Reimbursement
 Notice of Intent to Seek Reconsideration, Form 3 (rev. 8/2007)
 
 Biosolids Land Application Fee Reimbursement
 Reconsideration Claim Form, Form 4 (rev. 8/2007) 
 
 FORMS (9VAC25-115)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Seafood Processing
 Facilities, July 2016 reissuance (rev. 4/2016)
 
 FORMS (9VAC25-151) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Registration Statement, SWGP VAR05-RS (eff.
 7/2014)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Notice of Termination, SWGP VAR05-NOT (eff.
 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 (VPDES) Discharge Monitoring Report (DMR) (eff. 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 Change of Ownership Form (undated)
 
 FORMS (9VAC25-190)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 VPDES General Permit for Nonmetallic Mineral
 Mining (VAG84) - Notice of Termination (eff. 7/2014)
 
 VPDES General Permit Registration Statement -
 Nonmetallic Mineral Mining (rev. 2014)
 
 FORMS (9VAC25-193) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Concrete Products
 Facilities, VAG11 (rev. 4/2013)
 
 FORMS (9VAC25-210) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Tidewater Joint Permit Application for Projects
 Involving Tidal Waters, Tidal Wetlands and/or Dunes and Beaches in Virginia
 (rev. 5/2017)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-610) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Application Instructions for Completing a Groundwater
 Withdrawal Permit Application (rev. 11/2013)
 
 Application for a Groundwater Withdrawal Permit
 (rev. 9/2012)
 
 Groundwater Withdrawal Permit - Change of
 Ownership Agreement Form (rev. 11/2013) 
 
 Uncontested Termination Agreement (rev. 11/2013) 
 
 Uniform Water Well Completion Report, Form GW-2
 (rev. 8/2016)
 
 Uniform Water Well Completion Report Well
 Abandonment Form, GW-5 (rev. 8/2016)
 
 Public Notice Authorization Form - Authorization
 for Public Notice Billing to Groundwater Withdrawal Permit Applicant (rev.
 11/2013) 
 
 Preapplication Meeting - Application for a
 Groundwater Withdrawal Permit (rev. 9/2012)
 
 Local and Areawide Planning Requirements (rev.
 9/2012)
 
 Quarterly Groundwater Withdrawal Report (rev.
 11/2013) 
 
 Mitigation Plan (rev. 11/2013) 
 
 Existing Users Groundwater Withdrawal Permit
 Application and Instructions (eff. 2/2014) 
 
 FORMS (9VAC25-660) 
 
 Department of Environmental Quality Water Division Permit Application
 Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-670) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-680) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-690) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 VA.R. Doc. No. R19-5735; Filed November 13, 2018, 1:54 p.m. 
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Forms
 
 
 
 REGISTRAR'S NOTICE:
 Forms used in administering the regulation have been filed by the agency. The
 form is not being published; however, online users of this issue of the
 Virginia Register of Regulations may click on the name of a form with a
 hyperlink to access it. The form is also available from the agency contact or
 may be viewed at the Office of the Registrar of Regulations, 900 East Main
 Street, 11th Floor, Richmond, Virginia 23219. 
 
  
 
 Titles of Regulations: 9VAC25-20. Fees for Permits
 and Certificates.
 
 9VAC25-115. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Seafood Processing Facilities.
 
 9VAC25-151. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Discharges of Storm Water Associated with Industrial
 Activity. 
 
 9VAC25-190. Virginia Pollutant Discharge Elimination System
 (VPDES) General Permit Regulation for Nonmetallic Mineral Mining. 
 
 9VAC25-193. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Concrete Products Facilities. 
 
 9VAC25-210. Virginia Water Protection Permit Program
 Regulation. 
 
 9VAC25-610. Groundwater Withdrawal Regulations. 
 
 9VAC25-660. Virginia Water Protection General Permit for
 Impacts Less than One-Half Acre. 
 
 9VAC25-670. Virginia Water Protection General Permit for
 Facilities and Activities of Utility and Public Service Companies Regulated by
 the Federal Energy Regulatory Commission or the State Corporation Commission
 and Other Utility Line Activities. 
 
 9VAC25-680. Virginia Water Protection General Permit for
 Linear Transportation Projects. 
 
 9VAC25-690. Virginia Water Protection General Permit for
 Impacts from Development and Certain Mining Activities.
 
 Contact Information: Debra Harris, Department of
 Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804)
 698-4209, or email debra.harris@deq.virginia.gov.
 
 FORMS (9VAC25-20)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Biosolids Land Application Local Monitoring
 Expenses Reimbursement Invoice, Form 1 (rev. 6/2013)
 
 Biosolids Land Application Local Monitoring
 Expenses Multiple Owners Payment Assignment, Form 2 (rev. 6/2013)
 
 Biosolids Land Application Fee Reimbursement
 Notice of Intent to Seek Reconsideration, Form 3 (rev. 8/2007)
 
 Biosolids Land Application Fee Reimbursement
 Reconsideration Claim Form, Form 4 (rev. 8/2007) 
 
 FORMS (9VAC25-115)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Seafood Processing
 Facilities, July 2016 reissuance (rev. 4/2016)
 
 FORMS (9VAC25-151) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Registration Statement, SWGP VAR05-RS (eff.
 7/2014)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Notice of Termination, SWGP VAR05-NOT (eff.
 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 (VPDES) Discharge Monitoring Report (DMR) (eff. 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 Change of Ownership Form (undated)
 
 FORMS (9VAC25-190)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 VPDES General Permit for Nonmetallic Mineral
 Mining (VAG84) - Notice of Termination (eff. 7/2014)
 
 VPDES General Permit Registration Statement -
 Nonmetallic Mineral Mining (rev. 2014)
 
 FORMS (9VAC25-193) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Concrete Products
 Facilities, VAG11 (rev. 4/2013)
 
 FORMS (9VAC25-210) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Tidewater Joint Permit Application for Projects
 Involving Tidal Waters, Tidal Wetlands and/or Dunes and Beaches in Virginia
 (rev. 5/2017)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-610) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Application Instructions for Completing a Groundwater
 Withdrawal Permit Application (rev. 11/2013)
 
 Application for a Groundwater Withdrawal Permit
 (rev. 9/2012)
 
 Groundwater Withdrawal Permit - Change of
 Ownership Agreement Form (rev. 11/2013) 
 
 Uncontested Termination Agreement (rev. 11/2013) 
 
 Uniform Water Well Completion Report, Form GW-2
 (rev. 8/2016)
 
 Uniform Water Well Completion Report Well
 Abandonment Form, GW-5 (rev. 8/2016)
 
 Public Notice Authorization Form - Authorization
 for Public Notice Billing to Groundwater Withdrawal Permit Applicant (rev.
 11/2013) 
 
 Preapplication Meeting - Application for a
 Groundwater Withdrawal Permit (rev. 9/2012)
 
 Local and Areawide Planning Requirements (rev.
 9/2012)
 
 Quarterly Groundwater Withdrawal Report (rev.
 11/2013) 
 
 Mitigation Plan (rev. 11/2013) 
 
 Existing Users Groundwater Withdrawal Permit
 Application and Instructions (eff. 2/2014) 
 
 FORMS (9VAC25-660) 
 
 Department of Environmental Quality Water Division Permit Application
 Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-670) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-680) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-690) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 VA.R. Doc. No. R19-5735; Filed November 13, 2018, 1:54 p.m. 
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Forms
 
 
 
 REGISTRAR'S NOTICE:
 Forms used in administering the regulation have been filed by the agency. The
 form is not being published; however, online users of this issue of the
 Virginia Register of Regulations may click on the name of a form with a
 hyperlink to access it. The form is also available from the agency contact or
 may be viewed at the Office of the Registrar of Regulations, 900 East Main
 Street, 11th Floor, Richmond, Virginia 23219. 
 
  
 
 Titles of Regulations: 9VAC25-20. Fees for Permits
 and Certificates.
 
 9VAC25-115. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Seafood Processing Facilities.
 
 9VAC25-151. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Discharges of Storm Water Associated with Industrial
 Activity. 
 
 9VAC25-190. Virginia Pollutant Discharge Elimination System
 (VPDES) General Permit Regulation for Nonmetallic Mineral Mining. 
 
 9VAC25-193. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Concrete Products Facilities. 
 
 9VAC25-210. Virginia Water Protection Permit Program
 Regulation. 
 
 9VAC25-610. Groundwater Withdrawal Regulations. 
 
 9VAC25-660. Virginia Water Protection General Permit for
 Impacts Less than One-Half Acre. 
 
 9VAC25-670. Virginia Water Protection General Permit for
 Facilities and Activities of Utility and Public Service Companies Regulated by
 the Federal Energy Regulatory Commission or the State Corporation Commission
 and Other Utility Line Activities. 
 
 9VAC25-680. Virginia Water Protection General Permit for
 Linear Transportation Projects. 
 
 9VAC25-690. Virginia Water Protection General Permit for
 Impacts from Development and Certain Mining Activities.
 
 Contact Information: Debra Harris, Department of
 Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804)
 698-4209, or email debra.harris@deq.virginia.gov.
 
 FORMS (9VAC25-20)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Biosolids Land Application Local Monitoring
 Expenses Reimbursement Invoice, Form 1 (rev. 6/2013)
 
 Biosolids Land Application Local Monitoring
 Expenses Multiple Owners Payment Assignment, Form 2 (rev. 6/2013)
 
 Biosolids Land Application Fee Reimbursement
 Notice of Intent to Seek Reconsideration, Form 3 (rev. 8/2007)
 
 Biosolids Land Application Fee Reimbursement
 Reconsideration Claim Form, Form 4 (rev. 8/2007) 
 
 FORMS (9VAC25-115)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Seafood Processing
 Facilities, July 2016 reissuance (rev. 4/2016)
 
 FORMS (9VAC25-151) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Registration Statement, SWGP VAR05-RS (eff.
 7/2014)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Notice of Termination, SWGP VAR05-NOT (eff.
 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 (VPDES) Discharge Monitoring Report (DMR) (eff. 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 Change of Ownership Form (undated)
 
 FORMS (9VAC25-190)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 VPDES General Permit for Nonmetallic Mineral
 Mining (VAG84) - Notice of Termination (eff. 7/2014)
 
 VPDES General Permit Registration Statement -
 Nonmetallic Mineral Mining (rev. 2014)
 
 FORMS (9VAC25-193) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Concrete Products
 Facilities, VAG11 (rev. 4/2013)
 
 FORMS (9VAC25-210) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Tidewater Joint Permit Application for Projects
 Involving Tidal Waters, Tidal Wetlands and/or Dunes and Beaches in Virginia
 (rev. 5/2017)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-610) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Application Instructions for Completing a Groundwater
 Withdrawal Permit Application (rev. 11/2013)
 
 Application for a Groundwater Withdrawal Permit
 (rev. 9/2012)
 
 Groundwater Withdrawal Permit - Change of
 Ownership Agreement Form (rev. 11/2013) 
 
 Uncontested Termination Agreement (rev. 11/2013) 
 
 Uniform Water Well Completion Report, Form GW-2
 (rev. 8/2016)
 
 Uniform Water Well Completion Report Well
 Abandonment Form, GW-5 (rev. 8/2016)
 
 Public Notice Authorization Form - Authorization
 for Public Notice Billing to Groundwater Withdrawal Permit Applicant (rev.
 11/2013) 
 
 Preapplication Meeting - Application for a
 Groundwater Withdrawal Permit (rev. 9/2012)
 
 Local and Areawide Planning Requirements (rev.
 9/2012)
 
 Quarterly Groundwater Withdrawal Report (rev.
 11/2013) 
 
 Mitigation Plan (rev. 11/2013) 
 
 Existing Users Groundwater Withdrawal Permit
 Application and Instructions (eff. 2/2014) 
 
 FORMS (9VAC25-660) 
 
 Department of Environmental Quality Water Division Permit Application
 Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-670) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-680) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-690) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 VA.R. Doc. No. R19-5735; Filed November 13, 2018, 1:54 p.m. 
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Forms
 
 
 
 REGISTRAR'S NOTICE:
 Forms used in administering the regulation have been filed by the agency. The
 form is not being published; however, online users of this issue of the
 Virginia Register of Regulations may click on the name of a form with a
 hyperlink to access it. The form is also available from the agency contact or
 may be viewed at the Office of the Registrar of Regulations, 900 East Main
 Street, 11th Floor, Richmond, Virginia 23219. 
 
  
 
 Titles of Regulations: 9VAC25-20. Fees for Permits
 and Certificates.
 
 9VAC25-115. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Seafood Processing Facilities.
 
 9VAC25-151. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Discharges of Storm Water Associated with Industrial
 Activity. 
 
 9VAC25-190. Virginia Pollutant Discharge Elimination System
 (VPDES) General Permit Regulation for Nonmetallic Mineral Mining. 
 
 9VAC25-193. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Concrete Products Facilities. 
 
 9VAC25-210. Virginia Water Protection Permit Program
 Regulation. 
 
 9VAC25-610. Groundwater Withdrawal Regulations. 
 
 9VAC25-660. Virginia Water Protection General Permit for
 Impacts Less than One-Half Acre. 
 
 9VAC25-670. Virginia Water Protection General Permit for
 Facilities and Activities of Utility and Public Service Companies Regulated by
 the Federal Energy Regulatory Commission or the State Corporation Commission
 and Other Utility Line Activities. 
 
 9VAC25-680. Virginia Water Protection General Permit for
 Linear Transportation Projects. 
 
 9VAC25-690. Virginia Water Protection General Permit for
 Impacts from Development and Certain Mining Activities.
 
 Contact Information: Debra Harris, Department of
 Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804)
 698-4209, or email debra.harris@deq.virginia.gov.
 
 FORMS (9VAC25-20)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Biosolids Land Application Local Monitoring
 Expenses Reimbursement Invoice, Form 1 (rev. 6/2013)
 
 Biosolids Land Application Local Monitoring
 Expenses Multiple Owners Payment Assignment, Form 2 (rev. 6/2013)
 
 Biosolids Land Application Fee Reimbursement
 Notice of Intent to Seek Reconsideration, Form 3 (rev. 8/2007)
 
 Biosolids Land Application Fee Reimbursement
 Reconsideration Claim Form, Form 4 (rev. 8/2007) 
 
 FORMS (9VAC25-115)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Seafood Processing
 Facilities, July 2016 reissuance (rev. 4/2016)
 
 FORMS (9VAC25-151) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Registration Statement, SWGP VAR05-RS (eff.
 7/2014)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Notice of Termination, SWGP VAR05-NOT (eff.
 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 (VPDES) Discharge Monitoring Report (DMR) (eff. 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 Change of Ownership Form (undated)
 
 FORMS (9VAC25-190)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 VPDES General Permit for Nonmetallic Mineral
 Mining (VAG84) - Notice of Termination (eff. 7/2014)
 
 VPDES General Permit Registration Statement -
 Nonmetallic Mineral Mining (rev. 2014)
 
 FORMS (9VAC25-193) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Concrete Products
 Facilities, VAG11 (rev. 4/2013)
 
 FORMS (9VAC25-210) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Tidewater Joint Permit Application for Projects
 Involving Tidal Waters, Tidal Wetlands and/or Dunes and Beaches in Virginia
 (rev. 5/2017)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-610) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Application Instructions for Completing a Groundwater
 Withdrawal Permit Application (rev. 11/2013)
 
 Application for a Groundwater Withdrawal Permit
 (rev. 9/2012)
 
 Groundwater Withdrawal Permit - Change of
 Ownership Agreement Form (rev. 11/2013) 
 
 Uncontested Termination Agreement (rev. 11/2013) 
 
 Uniform Water Well Completion Report, Form GW-2
 (rev. 8/2016)
 
 Uniform Water Well Completion Report Well
 Abandonment Form, GW-5 (rev. 8/2016)
 
 Public Notice Authorization Form - Authorization
 for Public Notice Billing to Groundwater Withdrawal Permit Applicant (rev.
 11/2013) 
 
 Preapplication Meeting - Application for a
 Groundwater Withdrawal Permit (rev. 9/2012)
 
 Local and Areawide Planning Requirements (rev.
 9/2012)
 
 Quarterly Groundwater Withdrawal Report (rev.
 11/2013) 
 
 Mitigation Plan (rev. 11/2013) 
 
 Existing Users Groundwater Withdrawal Permit
 Application and Instructions (eff. 2/2014) 
 
 FORMS (9VAC25-660) 
 
 Department of Environmental Quality Water Division Permit Application
 Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-670) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-680) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-690) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 VA.R. Doc. No. R19-5735; Filed November 13, 2018, 1:54 p.m. 
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Forms
 
 
 
 REGISTRAR'S NOTICE:
 Forms used in administering the regulation have been filed by the agency. The
 form is not being published; however, online users of this issue of the
 Virginia Register of Regulations may click on the name of a form with a
 hyperlink to access it. The form is also available from the agency contact or
 may be viewed at the Office of the Registrar of Regulations, 900 East Main
 Street, 11th Floor, Richmond, Virginia 23219. 
 
  
 
 Titles of Regulations: 9VAC25-20. Fees for Permits
 and Certificates.
 
 9VAC25-115. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Seafood Processing Facilities.
 
 9VAC25-151. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Discharges of Storm Water Associated with Industrial
 Activity. 
 
 9VAC25-190. Virginia Pollutant Discharge Elimination System
 (VPDES) General Permit Regulation for Nonmetallic Mineral Mining. 
 
 9VAC25-193. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Concrete Products Facilities. 
 
 9VAC25-210. Virginia Water Protection Permit Program
 Regulation. 
 
 9VAC25-610. Groundwater Withdrawal Regulations. 
 
 9VAC25-660. Virginia Water Protection General Permit for
 Impacts Less than One-Half Acre. 
 
 9VAC25-670. Virginia Water Protection General Permit for
 Facilities and Activities of Utility and Public Service Companies Regulated by
 the Federal Energy Regulatory Commission or the State Corporation Commission
 and Other Utility Line Activities. 
 
 9VAC25-680. Virginia Water Protection General Permit for
 Linear Transportation Projects. 
 
 9VAC25-690. Virginia Water Protection General Permit for
 Impacts from Development and Certain Mining Activities.
 
 Contact Information: Debra Harris, Department of
 Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804)
 698-4209, or email debra.harris@deq.virginia.gov.
 
 FORMS (9VAC25-20)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Biosolids Land Application Local Monitoring
 Expenses Reimbursement Invoice, Form 1 (rev. 6/2013)
 
 Biosolids Land Application Local Monitoring
 Expenses Multiple Owners Payment Assignment, Form 2 (rev. 6/2013)
 
 Biosolids Land Application Fee Reimbursement
 Notice of Intent to Seek Reconsideration, Form 3 (rev. 8/2007)
 
 Biosolids Land Application Fee Reimbursement
 Reconsideration Claim Form, Form 4 (rev. 8/2007) 
 
 FORMS (9VAC25-115)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Seafood Processing
 Facilities, July 2016 reissuance (rev. 4/2016)
 
 FORMS (9VAC25-151) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Registration Statement, SWGP VAR05-RS (eff.
 7/2014)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Notice of Termination, SWGP VAR05-NOT (eff.
 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 (VPDES) Discharge Monitoring Report (DMR) (eff. 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 Change of Ownership Form (undated)
 
 FORMS (9VAC25-190)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 VPDES General Permit for Nonmetallic Mineral
 Mining (VAG84) - Notice of Termination (eff. 7/2014)
 
 VPDES General Permit Registration Statement -
 Nonmetallic Mineral Mining (rev. 2014)
 
 FORMS (9VAC25-193) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Concrete Products
 Facilities, VAG11 (rev. 4/2013)
 
 FORMS (9VAC25-210) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Tidewater Joint Permit Application for Projects
 Involving Tidal Waters, Tidal Wetlands and/or Dunes and Beaches in Virginia
 (rev. 5/2017)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-610) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Application Instructions for Completing a Groundwater
 Withdrawal Permit Application (rev. 11/2013)
 
 Application for a Groundwater Withdrawal Permit
 (rev. 9/2012)
 
 Groundwater Withdrawal Permit - Change of
 Ownership Agreement Form (rev. 11/2013) 
 
 Uncontested Termination Agreement (rev. 11/2013) 
 
 Uniform Water Well Completion Report, Form GW-2
 (rev. 8/2016)
 
 Uniform Water Well Completion Report Well
 Abandonment Form, GW-5 (rev. 8/2016)
 
 Public Notice Authorization Form - Authorization
 for Public Notice Billing to Groundwater Withdrawal Permit Applicant (rev.
 11/2013) 
 
 Preapplication Meeting - Application for a
 Groundwater Withdrawal Permit (rev. 9/2012)
 
 Local and Areawide Planning Requirements (rev.
 9/2012)
 
 Quarterly Groundwater Withdrawal Report (rev.
 11/2013) 
 
 Mitigation Plan (rev. 11/2013) 
 
 Existing Users Groundwater Withdrawal Permit
 Application and Instructions (eff. 2/2014) 
 
 FORMS (9VAC25-660) 
 
 Department of Environmental Quality Water Division Permit Application
 Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-670) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-680) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-690) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 VA.R. Doc. No. R19-5735; Filed November 13, 2018, 1:54 p.m. 
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Forms
 
 
 
 REGISTRAR'S NOTICE:
 Forms used in administering the regulation have been filed by the agency. The
 form is not being published; however, online users of this issue of the
 Virginia Register of Regulations may click on the name of a form with a
 hyperlink to access it. The form is also available from the agency contact or
 may be viewed at the Office of the Registrar of Regulations, 900 East Main
 Street, 11th Floor, Richmond, Virginia 23219. 
 
  
 
 Titles of Regulations: 9VAC25-20. Fees for Permits
 and Certificates.
 
 9VAC25-115. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Seafood Processing Facilities.
 
 9VAC25-151. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Discharges of Storm Water Associated with Industrial
 Activity. 
 
 9VAC25-190. Virginia Pollutant Discharge Elimination System
 (VPDES) General Permit Regulation for Nonmetallic Mineral Mining. 
 
 9VAC25-193. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Concrete Products Facilities. 
 
 9VAC25-210. Virginia Water Protection Permit Program
 Regulation. 
 
 9VAC25-610. Groundwater Withdrawal Regulations. 
 
 9VAC25-660. Virginia Water Protection General Permit for
 Impacts Less than One-Half Acre. 
 
 9VAC25-670. Virginia Water Protection General Permit for
 Facilities and Activities of Utility and Public Service Companies Regulated by
 the Federal Energy Regulatory Commission or the State Corporation Commission
 and Other Utility Line Activities. 
 
 9VAC25-680. Virginia Water Protection General Permit for
 Linear Transportation Projects. 
 
 9VAC25-690. Virginia Water Protection General Permit for
 Impacts from Development and Certain Mining Activities.
 
 Contact Information: Debra Harris, Department of
 Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804)
 698-4209, or email debra.harris@deq.virginia.gov.
 
 FORMS (9VAC25-20)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Biosolids Land Application Local Monitoring
 Expenses Reimbursement Invoice, Form 1 (rev. 6/2013)
 
 Biosolids Land Application Local Monitoring
 Expenses Multiple Owners Payment Assignment, Form 2 (rev. 6/2013)
 
 Biosolids Land Application Fee Reimbursement
 Notice of Intent to Seek Reconsideration, Form 3 (rev. 8/2007)
 
 Biosolids Land Application Fee Reimbursement
 Reconsideration Claim Form, Form 4 (rev. 8/2007) 
 
 FORMS (9VAC25-115)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Seafood Processing
 Facilities, July 2016 reissuance (rev. 4/2016)
 
 FORMS (9VAC25-151) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Registration Statement, SWGP VAR05-RS (eff.
 7/2014)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Notice of Termination, SWGP VAR05-NOT (eff.
 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 (VPDES) Discharge Monitoring Report (DMR) (eff. 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 Change of Ownership Form (undated)
 
 FORMS (9VAC25-190)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 VPDES General Permit for Nonmetallic Mineral
 Mining (VAG84) - Notice of Termination (eff. 7/2014)
 
 VPDES General Permit Registration Statement -
 Nonmetallic Mineral Mining (rev. 2014)
 
 FORMS (9VAC25-193) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Concrete Products
 Facilities, VAG11 (rev. 4/2013)
 
 FORMS (9VAC25-210) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Tidewater Joint Permit Application for Projects
 Involving Tidal Waters, Tidal Wetlands and/or Dunes and Beaches in Virginia
 (rev. 5/2017)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-610) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Application Instructions for Completing a Groundwater
 Withdrawal Permit Application (rev. 11/2013)
 
 Application for a Groundwater Withdrawal Permit
 (rev. 9/2012)
 
 Groundwater Withdrawal Permit - Change of
 Ownership Agreement Form (rev. 11/2013) 
 
 Uncontested Termination Agreement (rev. 11/2013) 
 
 Uniform Water Well Completion Report, Form GW-2
 (rev. 8/2016)
 
 Uniform Water Well Completion Report Well
 Abandonment Form, GW-5 (rev. 8/2016)
 
 Public Notice Authorization Form - Authorization
 for Public Notice Billing to Groundwater Withdrawal Permit Applicant (rev.
 11/2013) 
 
 Preapplication Meeting - Application for a
 Groundwater Withdrawal Permit (rev. 9/2012)
 
 Local and Areawide Planning Requirements (rev.
 9/2012)
 
 Quarterly Groundwater Withdrawal Report (rev.
 11/2013) 
 
 Mitigation Plan (rev. 11/2013) 
 
 Existing Users Groundwater Withdrawal Permit
 Application and Instructions (eff. 2/2014) 
 
 FORMS (9VAC25-660) 
 
 Department of Environmental Quality Water Division Permit Application
 Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-670) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-680) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-690) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 VA.R. Doc. No. R19-5735; Filed November 13, 2018, 1:54 p.m. 
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Forms
 
 
 
 REGISTRAR'S NOTICE:
 Forms used in administering the regulation have been filed by the agency. The
 form is not being published; however, online users of this issue of the
 Virginia Register of Regulations may click on the name of a form with a
 hyperlink to access it. The form is also available from the agency contact or
 may be viewed at the Office of the Registrar of Regulations, 900 East Main
 Street, 11th Floor, Richmond, Virginia 23219. 
 
  
 
 Titles of Regulations: 9VAC25-20. Fees for Permits
 and Certificates.
 
 9VAC25-115. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Seafood Processing Facilities.
 
 9VAC25-151. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Discharges of Storm Water Associated with Industrial
 Activity. 
 
 9VAC25-190. Virginia Pollutant Discharge Elimination System
 (VPDES) General Permit Regulation for Nonmetallic Mineral Mining. 
 
 9VAC25-193. General Virginia Pollutant Discharge Elimination
 System (VPDES) Permit for Concrete Products Facilities. 
 
 9VAC25-210. Virginia Water Protection Permit Program
 Regulation. 
 
 9VAC25-610. Groundwater Withdrawal Regulations. 
 
 9VAC25-660. Virginia Water Protection General Permit for
 Impacts Less than One-Half Acre. 
 
 9VAC25-670. Virginia Water Protection General Permit for
 Facilities and Activities of Utility and Public Service Companies Regulated by
 the Federal Energy Regulatory Commission or the State Corporation Commission
 and Other Utility Line Activities. 
 
 9VAC25-680. Virginia Water Protection General Permit for
 Linear Transportation Projects. 
 
 9VAC25-690. Virginia Water Protection General Permit for
 Impacts from Development and Certain Mining Activities.
 
 Contact Information: Debra Harris, Department of
 Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804)
 698-4209, or email debra.harris@deq.virginia.gov.
 
 FORMS (9VAC25-20)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Biosolids Land Application Local Monitoring
 Expenses Reimbursement Invoice, Form 1 (rev. 6/2013)
 
 Biosolids Land Application Local Monitoring
 Expenses Multiple Owners Payment Assignment, Form 2 (rev. 6/2013)
 
 Biosolids Land Application Fee Reimbursement
 Notice of Intent to Seek Reconsideration, Form 3 (rev. 8/2007)
 
 Biosolids Land Application Fee Reimbursement
 Reconsideration Claim Form, Form 4 (rev. 8/2007) 
 
 FORMS (9VAC25-115)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Seafood Processing
 Facilities, July 2016 reissuance (rev. 4/2016)
 
 FORMS (9VAC25-151) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Registration Statement, SWGP VAR05-RS (eff.
 7/2014)
 
 VPDES General Permit for Industrial Activity
 Stormwater Discharges (VAR05) Notice of Termination, SWGP VAR05-NOT (eff.
 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 (VPDES) Discharge Monitoring Report (DMR) (eff. 7/2014)
 
 Virginia Pollutant Discharge Elimination System
 Change of Ownership Form (undated)
 
 FORMS (9VAC25-190)
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Change of Ownership Agreement Form (rev. 3/2014)
 
 VPDES General Permit for Nonmetallic Mineral
 Mining (VAG84) - Notice of Termination (eff. 7/2014)
 
 VPDES General Permit Registration Statement -
 Nonmetallic Mineral Mining (rev. 2014)
 
 FORMS (9VAC25-193) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Registration Statement for the General Virginia
 Pollutant Discharge Elimination System (VPDES) Permit for Concrete Products
 Facilities, VAG11 (rev. 4/2013)
 
 FORMS (9VAC25-210) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Tidewater Joint Permit Application for Projects
 Involving Tidal Waters, Tidal Wetlands and/or Dunes and Beaches in Virginia
 (rev. 5/2017)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-610) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Application Instructions for Completing a Groundwater
 Withdrawal Permit Application (rev. 11/2013)
 
 Application for a Groundwater Withdrawal Permit
 (rev. 9/2012)
 
 Groundwater Withdrawal Permit - Change of
 Ownership Agreement Form (rev. 11/2013) 
 
 Uncontested Termination Agreement (rev. 11/2013) 
 
 Uniform Water Well Completion Report, Form GW-2
 (rev. 8/2016)
 
 Uniform Water Well Completion Report Well
 Abandonment Form, GW-5 (rev. 8/2016)
 
 Public Notice Authorization Form - Authorization
 for Public Notice Billing to Groundwater Withdrawal Permit Applicant (rev.
 11/2013) 
 
 Preapplication Meeting - Application for a
 Groundwater Withdrawal Permit (rev. 9/2012)
 
 Local and Areawide Planning Requirements (rev.
 9/2012)
 
 Quarterly Groundwater Withdrawal Report (rev.
 11/2013) 
 
 Mitigation Plan (rev. 11/2013) 
 
 Existing Users Groundwater Withdrawal Permit
 Application and Instructions (eff. 2/2014) 
 
 FORMS (9VAC25-660) 
 
 Department of Environmental Quality Water Division Permit Application
 Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-670) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 FORMS (9VAC25-680) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007) 
 
 FORMS (9VAC25-690) 
 
 Department of Environmental Quality Water Division Permit
 Application Fee Form (rev. 10/2017)
 
 Department
 of Environmental Quality Water Division Permit Application Fee Form, Form 5
 (rev. 10/2018)
 
 Standard Joint Permit Application for Activities
 in Waters and Wetlands of the Commonwealth of Virginia (rev. 5/2017)
 
 Virginia Department of Transportation,
 Inter-Agency Coordination Meeting Joint Permit Application (eff. 6/2008)
 
 Monthly Reporting of Impacts Less than or Equal to
 One-Tenth Acre Statewide (eff. 8/2007)
 
 VA.R. Doc. No. R19-5735; Filed November 13, 2018, 1:54 p.m. 
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Notice of Extension of Emergency Regulation
 
 Title of Regulation: 12VAC30-80. Methods and
 Standards for Establishing Payment Rates; Other Types of Care (amending 12VAC30-80-40). 
 
 Statutory Authority: § 32.1-325 of the Code of
 Virginia; 42 USC § 1396 et seq.
 
 Expiration Date Extended Through: June 14, 2019. 
 
 The Governor approved the request of the Department of Medical
 Assistance Services to extend this emergency regulation for six months as
 provided in § 2.2-4011 D of the Code of Virginia. Therefore, the emergency
 action will continue in effect through June 14, 2019. The emergency regulation
 was published in 33:23 VA.R. 2536-2538 July 10, 2017.
 The proposed action to adopt permanent regulations was published on October 29,
 2018, in 35:5 VA.R. 817-823, with the public
 comment period ending on December 28, 2018. 
 
 Agency Contact: Emily McClellan, Regulatory Supervisor,
 Department of Medical Assistance Services, 600 East Broad Street, Suite 1300,
 Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.
 
 VA.R. Doc. No. R17-4546; Filed November 21, 2018, 2:08 p.m. 
TITLE 12. HEALTH
STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Proposed Regulation
 
 Title of Regulation: 12VAC35-105. Rules and
 Regulations for Licensing Providers by the Department of Behavioral Health and
 Developmental Services (amending 12VAC35-105-20, 12VAC35-105-590,
 12VAC35-105-1370). 
 
 Statutory Authority: § 37.2-203 of the Code of
 Virginia.
 
 Public Hearing Information:
 
 January 3, 2019 - 1 p.m. - Department of Behavioral
 Health and Development Services, 13th Floor Board Room, Jefferson Building,
 1220 Bank Street, Richmond, VA 23219
 
 Public Comment Deadline: February 8, 2019.
 
 Agency Contact: Emily Bowles, Legal Coordinator, Office
 of Licensing, Department of Behavioral Health and Developmental Services, 1220
 Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 225-3281,
 FAX (804) 692-0066, TTY (804) 371-8977, or email
 emily.bowles@dbhds.virginia.gov.
 
 Basis: Sections 37.2-203 and 37.2-304 of the Code of
 Virginia authorize the State Board of Behavioral Health and Developmental
 Services to adopt regulations that may be necessary to carry out the provisions
 of Title 37.2 of the Code of Virginia and other laws of the Commonwealth
 administered by the commissioner and the Department of Behavioral Health and
 Developmental Services. An emergency regulation became effective on December
 18, 2017, and expires June 17, 2019. This proposed regulatory action comes as
 the next step of the standard process for adoption of permanent replacement
 regulations as approved by the board on April 11, 2018.
 
 Purpose: The purpose of this regulatory action is to be
 consistent and comply with Chapters 136 and 418 of the 2017 Acts of Assembly
 regarding who shall be included in the definitions of qualified mental health
 professional (QMHP), qualified mental retardation professional (QMRP) and
 qualified paraprofessional in mental health (QMHPP). Also, certain definitions
 are deferred, in accordance with Chapter 418, to the Department of Health
 Professions' Board of Counseling (18VAC115-80). This action supports the
 expansion of the workforce in Virginia's behavioral health and developmental
 services system.
 
 Chapter 418 of the 2017 Acts of Assembly required a qualified
 mental health professional-adult (QMHP-A) or a qualified mental health
 professional-child (QMHP-C) to register with the Department of Health
 Professions if they have the education and experience to be deemed
 professionally qualified by the Board of Counseling in accordance with
 18VAC115-80. This registration will be beneficial to the population served by
 the Department of Behavioral Health and Developmental Services (DBHDS) because
 there will be more professional accountability of education, experience, and
 scope of practice for those professionals.
 
 Occupational therapists (OTs) and occupational therapy
 assistants (OTAs) are beneficial to the population that DBHDS serves in that
 OTs and OTAs help develop, improve, sustain, or restore independence to any
 person who has an injury, illness, disability, or psychological dysfunction.
 
 Substance: Chapter 418 of the 2017 Acts of Assembly
 requires QMHP-As and QMHP-Cs to register with the Department of Health
 Professions if they have the education and experience to be deemed
 professionally qualified by the Board of Counseling in accordance with 18VAC115-80.
 
 In 12VAC35-105-20, the general definition of QMHP from
 18VAC115-80-20 is included. The definitions of QMHP-A and QMHP-C have
 cross-references to the Board of Counseling regulation (18VAC115-80), with
 repetition in each definition of the following sentence from the general QMHP
 definition from 18VAC115-80-20: "A QMHP-A shall provide such services as
 an employee or independent contractor of the department or a provider licensed
 by the department." Also, the definition of QMHP-E is amended with the
 same cross-reference to the Board of Counseling regulation and requirement to
 register.
 
 In the definitions of the newly titled "qualified
 developmental disability professional" (QDDP; previously QMRP) and
 qualified mental health paraprofessionals (QMHPPs), OTs are inserted in QDDP
 and OTAs are inserted in QMHPP. Requirements for experience are updated in
 both.
 
 Amendments are made in 12VAC35-105-590 (Provider staffing plan)
 and 12VAC35-105-1370 (Treatment team and staffing plan) to accurately mirror
 the definitions of QMHP, to remove the reference to meeting standards, and to
 simplify the language to make clear that at least 80% of the clinical employees
 or contractors shall be QMHP-As.
 
 Issues: Comprehensive behavioral health is essential to
 population health and cost containment. The primary advantage to the public,
 such as individual private citizens or businesses, of implementing the amended
 provisions is to improve the organization and growth of the "Q"
 professional fields through registration and consistent training and
 experience. The people working in these roles are important to the overall
 behavioral health and developmental service system. There is no disadvantage to
 individual citizens or businesses. Service providers will have to ensure proper
 registration of "Q" staff for Medicaid billing.
 
 The primary advantages to the agency and the Commonwealth are
 the ability to track how many professionals or "eligibles" are in
 Virginia and where they are located (and where there are gaps); confirm who is
 in good standing as a "Q;" and confirm who is eligible for Medicaid
 billing. There are no disadvantages to the agency or the Commonwealth.
 
 Department of Planning and Budget's Economic Impact
 Analysis:
 
 Summary of the Proposed Amendments to Regulation. Pursuant to
 legislative mandates, the State Board of Behavioral Health and Developmental
 Services (Board) proposes to: 1) defer the definitions of certain mental health
 professionals to those of the Board of Counseling and 2) include occupational
 therapists and assistants in the definitions of certain mental health
 professionals.
 
 Result of Analysis. The benefits likely exceed the costs for
 all proposed changes.
 
 Estimated Economic Impact. Virginia's Medicaid program has long
 relied on the Board's definitions of certain mental health professionals to
 determine who is a qualified professional for reimbursement. These definitions
 are Qualified Mental Health Professional (QMHP), Qualified Mental Health
 Professional-Adult (QMHP-A), Qualified Mental Health Professional-Child (QMHP-C),
 and Qualified Mental Health Professional-Eligible (QMHP-E). The Board's
 definitions have included varying education and experience requirements.
 However, these professionals were not issued any licenses or certificates
 concerning being designated a qualified mental health professional. The
 eligibility was checked and determined on a case-by-case basis when random
 checks were conducted, when there were questions raised, etc.
 
 Chapter 418 of the 2017 Acts of Assembly1 required
 these professionals to register with the Board of Counseling. As a result, the
 Board proposes to revise its definitions to state that these professionals must
 be registered with the Board of Counseling and defers all qualification,
 education, and experience criteria to the definitions of the Board of
 Counseling regulations currently under development (18VAC115-80).2
 In essence, going forward, the Board of Counseling will determine standards and
 register those who comply with the standards being adopted.
 
 The Board of Counseling's current proposed definitions are the
 same as the Board's. Thus, everyone currently eligible under the Board's
 definitions should be able to comply with and register with the Board of
 Counseling. In addition, individuals who are currently providing services as professionals
 as of December 31, 2017 would be grandfathered in as long as they register
 within one year. The required registration would likely strengthen enforcement
 and prevent unqualified individuals from performing such services to the
 Medicaid population. However, the registration requirement would introduce
 costs on affected professionals, as there would be a $50 fee for initial
 registration and $30 fee for annual renewal under the Board of Counseling
 regulation. In addition, the affected mental health professions would have to
 spend time to prepare their applications for initial registration and
 subsequent renewals.
 
 Pursuant to Chapter 136 of the 2017 Acts of Assembly, the Board
 proposes to include occupational therapists in the definitions of QMHP-A,
 QMHP-C, and Qualified Developmental Disability Professional and occupational
 therapy assistants in the definition of Qualified Paraprofessional in Mental
 Health. These proposed changes would expand the number of mental health
 professionals and paraprofessionals allowed to provide services to the Medicaid
 population. Affected occupational therapy providers would have more venues for
 employment, and the Medicaid population would have access to more professionals
 for mental health services. According to the Department of Behavioral Health
 and Developmental Services, occupational therapy practitioners are qualified to
 provide services within the scope of their professional license. Thus, there
 should not be any increase in health and safety risks to the Medicaid mental
 health patients.
 
 Businesses and Entities Affected. Because there is no current
 license or registration requirements for affected professionals, it is not
 known how many professionals may be affected. However, the Board licenses 1,307
 service providers. While some of these providers use several mental health
 professionals, others do not use any. According to the Department of Health
 Professions, 5,831 applicants have so far applied for the QMHP-A, QMHP-C,
 QMHP-E and Peer Recover Specialist registration. However, the proposed
 amendments do not apply to Peer Recover Specialists. In addition, DHP currently
 does not have way of capturing how many occupational therapists and assistants
 have registered for QMHP.
 
 Localities Particularly Affected. The proposed changes do not
 affect particular localities disproportionately.
 
 Projected Impact on Employment. The proposed amendments will
 broaden employment opportunities for occupational therapists and assistants.
 
 Effects on the Use and Value of Private Property. No
 significant impact on the use and value of private property is expected.
 
 Real Estate Development Costs. No impact on real estate
 development costs is expected.
 
 Small Businesses: 
 
 Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia,
 small business is defined as "a business entity, including its affiliates,
 that (i) is independently owned and operated and (ii) employs fewer than 500
 full-time employees or has gross annual sales of less than $6 million."
 
 Costs and Other Effects. The proposed changes do not have
 direct costs and other effects on small businesses. Indirectly, mental health
 providers, most of which are small businesses, will have a larger pool of
 employees to hire from with the inclusion of certain occupational therapy
 practitioners in mental health professional definitions.
 
 Alternative Method that Minimizes Adverse Impact. No adverse
 impact on small businesses is expected.
 
 Adverse Impacts:
 
 Businesses. The proposed amendments do not have an adverse
 impact on businesses.
 
 Localities. The proposed amendments will not adversely affect
 localities.
 
 Other Entities. The proposed amendments will not adversely
 affect other entities.
 
 ____________________________
 
 1http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0418
 
 2http://townhall.virginia.gov/L/ViewStage.cfm?stageid=8297
 
 Agency's Response to Economic Impact Analysis: The
 Department of Behavioral Health and Developmental Services concurs with the
 Department of Planning and Budget's economic impact analysis.
 
 Summary:
 
 Chapter 136 of the 2017 Acts of Assembly requires the Board
 of Behavioral Health and Developmental Services to amend regulations to include
 (i) occupational therapists in the definitions of "qualified mental health
 professional-adult," "qualified mental health
 professional-child," and "qualified developmental disability
 professional" and (ii) occupational therapy assistants in the definition
 of "qualified paraprofessional in mental health." In addition, the
 board is required to establish educational and clinical experience for
 occupational therapists and occupational therapy assistants that is
 substantially equivalent to comparable professionals listed in the current
 licensing regulations. Chapters 418 and 426 of the 2017 Acts of Assembly
 establish the definition of "qualified mental health professional" in
 § 54.1-2400 of the Code of Virginia. The proposed amendments
 implement the requirements of Chapters 136, 418, and 426. 
 
 Article 2 
 Definitions 
 
 12VAC35-105-20. Definitions.
 
 The following words and terms when used in this chapter shall
 have the following meanings unless the context clearly indicates otherwise: 
 
 "Abuse" (§ 37.2-100 of the Code of Virginia) means
 any act or failure to act by an employee or other person responsible for the
 care of an individual in a facility or program operated, licensed, or funded by
 the department, excluding those operated by the Virginia Department of
 Corrections, that was performed or was failed to be performed knowingly,
 recklessly, or intentionally, and that caused or might have caused physical or
 psychological harm, injury, or death to a person receiving care or treatment
 for mental illness, mental retardation (intellectual disability), or substance
 abuse (substance use disorders). Examples of abuse include acts such as: 
 
 1. Rape, sexual assault, or other criminal sexual behavior; 
 
 2. Assault or battery; 
 
 3. Use of language that demeans, threatens, intimidates, or
 humiliates the person; 
 
 4. Misuse or misappropriation of the person's assets, goods,
 or property; 
 
 5. Use of excessive force when placing a person in physical or
 mechanical restraint; 
 
 6. Use of physical or mechanical restraints on a person that
 is not in compliance with federal and state laws, regulations, and policies,
 professional accepted standards of practice, or the person's individualized
 services plan; 
 
 7. Use of more restrictive or intensive services or denial of
 services to punish the person or that is not consistent with his the
 person's individualized services plan. 
 
 "Activities of daily living" or "ADLs"
 means personal care activities and includes bathing, dressing, transferring,
 toileting, grooming, hygiene, feeding, and eating. An individual's degree of
 independence in performing these activities is part of determining the
 appropriate level of care and services. 
 
 "Admission" means the process of acceptance into a
 service as defined by the provider's policies. 
 
 "Authorized representative" means a person
 permitted by law or 12VAC35-115 to authorize the disclosure of information or
 consent to treatment and services or participation in human research.
 
 "Behavior intervention" means those principles and
 methods employed by a provider to help an individual receiving services to
 achieve a positive outcome and to address challenging behavior in a
 constructive and safe manner. Behavior intervention principles and methods must
 be employed in accordance with the individualized services plan and written
 policies and procedures governing service expectations, treatment goals,
 safety, and security. 
 
 "Behavioral treatment plan," "functional
 plan," or "behavioral support plan" means any set of documented
 procedures that are an integral part of the individualized services plan and
 are developed on the basis of a systematic data collection, such as a
 functional assessment, for the purpose of assisting individuals to achieve the
 following:
 
 1. Improved behavioral functioning and effectiveness;
 
 2. Alleviation of symptoms of psychopathology; or
 
 3. Reduction of challenging behaviors.
 
 "Brain injury" means any injury to the brain that
 occurs after birth, but before age 65, that is acquired through traumatic or
 nontraumatic insults. Nontraumatic insults may include anoxia, hypoxia,
 aneurysm, toxic exposure, encephalopathy, surgical interventions, tumor, and
 stroke. Brain injury does not include hereditary, congenital, or degenerative
 brain disorders or injuries induced by birth trauma. 
 
 "Care" or "treatment" means the
 individually planned therapeutic interventions that conform to current
 acceptable professional practice and that are intended to improve or maintain
 functioning of an individual receiving services delivered by a provider.
 
 "Case management service" means services that can
 include assistance to individuals and their family members in assessing needed
 services that are responsive to the person's individual needs. Case management
 services include: identifying potential users of the service; assessing
 needs and planning services; linking the individual to services and supports;
 assisting the individual directly to locate, develop, or obtain needed services
 and resources; coordinating services with other providers; enhancing community
 integration; making collateral contacts; monitoring service delivery; discharge
 planning; and advocating for individuals in response to their changing needs.
 "Case management service" does not include maintaining service
 waiting lists or periodically contacting or tracking individuals to determine
 potential service needs. 
 
 "Clinical experience" means providing direct
 services to individuals with mental illness or the provision of direct
 geriatric services or special education services. Experience may include supervised
 internships, practicums, and field experience. 
 
 "Commissioner" means the Commissioner of the
 Department of Behavioral Health and Developmental Services.
 
 "Community gero-psychiatric residential services"
 means 24-hour care provided to individuals with mental illness, behavioral
 problems, and concomitant health problems who are usually age 65 or older in a
 geriatric setting that is less intensive than a psychiatric hospital but more
 intensive than a nursing home or group home. Services include assessment and
 individualized services planning by an interdisciplinary services team, intense
 supervision, psychiatric care, behavioral treatment planning and behavior
 interventions, nursing, and other health related services. 
 
 "Community intermediate care facility/mental retardation
 (ICF/MR)" or "ICF/MR" means a residential facility in
 which care is provided to individuals who have mental retardation (intellectual
 disability) or a developmental disability who need more intensive training and
 supervision than may be available in an assisted living facility or group home.
 Such facilities shall comply with Title XIX of the Social Security Act
 standards and federal certification requirements, provide health or
 rehabilitative services, and provide active treatment to individuals receiving
 services toward the achievement of a more independent level of functioning or
 an improved quality of life. 
 
 "Complaint" means an allegation of a violation of these
 regulations this chapter or a provider's policies and procedures related
 to these regulations this chapter. 
 
 "Co-occurring disorders" means the presence of more
 than one and often several of the following disorders that are identified
 independently of one another and are not simply a cluster of symptoms resulting
 from a single disorder: mental illness, mental retardation (intellectual
 disability), or substance abuse (substance use disorders); brain injury; or
 developmental disability.
 
 "Co-occurring services" means individually planned
 therapeutic treatment that addresses in an integrated concurrent manner the
 service needs of individuals who have co-occurring disorders. 
 
 "Corrective action plan" means the provider's
 pledged corrective action in response to cited areas of noncompliance
 documented by the regulatory authority. A corrective action plan must be
 completed within a specified time. 
 
 "Correctional facility" means a facility operated
 under the management and control of the Virginia Department of Corrections. 
 
 "Crisis" means a deteriorating or unstable
 situation often developing suddenly or rapidly that produces acute, heightened,
 emotional, mental, physical, medical, or behavioral distress; or any
 situation or circumstance in which the individual perceives or experiences a
 sudden loss of his the individual's ability to use effective
 problem-solving and coping skills. 
 
 "Crisis stabilization" means direct, intensive
 nonresidential or residential direct care and treatment to nonhospitalized
 individuals experiencing an acute crisis that may jeopardize their current
 community living situation. Crisis stabilization is intended to avert
 hospitalization or rehospitalization; provide normative environments with a
 high assurance of safety and security for crisis intervention; stabilize
 individuals in crisis; and mobilize the resources of the community support
 system, family members, and others for ongoing rehabilitation and recovery. 
 
 "Day support service" means structured programs of
 activity or training services for adults with an intellectual disability or a
 developmental disability, generally in clusters of two or more continuous hours
 per day provided to groups or individuals in nonresidential community-based
 settings. Day support services may provide opportunities for peer interaction
 and community integration and are designed to enhance the following: self-care
 and hygiene, eating, toileting, task learning, community resource utilization,
 environmental and behavioral skills, social skills, medication management,
 prevocational skills, and transportation skills. The term "day support
 service" does not include services in which the primary function is to
 provide employment-related services, general educational services, or general
 recreational services. 
 
 "Department" means the Virginia Department of
 Behavioral Health and Developmental Services. 
 
 "Developmental disabilities" means autism or a
 severe, chronic disability that meets all of the following conditions
 identified in 42 CFR 435.1009: 
 
 1. Attributable to cerebral palsy, epilepsy, or any other
 condition, other than mental illness, that is found to be closely related to
 mental retardation (intellectual disability) because this condition results in
 impairment of general intellectual functioning or adaptive behavior similar to
 behavior of individuals with mental retardation (intellectual disability) and
 requires treatment or services similar to those required for these individuals;
 
 
 2. Manifested before the individual reaches age 18; 
 
 3. Likely to continue indefinitely; and 
 
 4. Results in substantial functional limitations in three or
 more of the following areas of major life activity: 
 
 a. Self-care; 
 
 b. Understanding and use of language; 
 
 c. Learning; 
 
 d. Mobility; 
 
 e. Self-direction; or 
 
 f. Capacity for independent living.
 
 "Discharge" means the process by which the
 individual's active involvement with a service is terminated by the provider,
 individual , or authorized representative. 
 
 "Discharge plan" means the written plan that
 establishes the criteria for an individual's discharge from a service and
 identifies and coordinates delivery of any services needed after discharge. 
 
 "Dispense" means to deliver a drug to an ultimate
 user by or pursuant to the lawful order of a practitioner, including the
 prescribing and administering, packaging, labeling or compounding necessary to
 prepare the substance for that delivery. (§ 54.1-3400 et seq. of the Code of
 Virginia.) 
 
 "Emergency service" means unscheduled and sometimes
 scheduled crisis intervention, stabilization, and referral assistance provided
 over the telephone or face-to-face, if indicated, available 24 hours a day and
 seven days per week. Emergency services also may include walk-ins, home visits,
 jail interventions, and preadmission screening activities associated with the
 judicial process . 
 
 "Group home or community residential service" means
 a congregate service providing 24-hour supervision in a community-based home
 having eight or fewer residents. Services include supervision, supports,
 counseling, and training in activities of daily living for individuals whose
 individualized services plan identifies the need for the specific types of
 services available in this setting. 
 
 "Home and noncenter based" means that a service is
 provided in the individual's home or other noncenter-based setting. This
 includes noncenter-based day support, supportive in-home, and intensive in-home
 services. 
 
 "IFDDS Waiver" means the Individual and Family
 Developmental Disabilities Support Waiver. 
 
 "Individual" or "individual receiving
 services" means a person receiving services that are licensed under this
 chapter whether that person is referred to as a patient, consumer, client,
 resident, student, individual, recipient, family member, relative, or other
 term. When the term is used, the requirement applies to every individual
 receiving licensed services from the provider. 
 
 "Individualized services plan" or "ISP"
 means a comprehensive and regularly updated written plan that describes the
 individual's needs, the measurable goals and objectives to address those needs,
 and strategies to reach the individual's goals. An ISP is person-centered,
 empowers the individual, and is designed to meet the needs and preferences of
 the individual. The ISP is developed through a partnership between the
 individual and the provider and includes an individual's treatment plan,
 habilitation plan, person-centered plan, or plan of care, which are all
 considered individualized service plans. 
 
 "Initial assessment" means an assessment conducted
 prior to or at admission to determine whether the individual meets the
 service's admission criteria; what the individual's immediate service, health,
 and safety needs are; and whether the provider has the capability and staffing
 to provide the needed services.
 
 "Inpatient psychiatric service" means intensive
 24-hour medical, nursing, and treatment services provided to individuals with
 mental illness or substance abuse (substance use disorders) in a hospital as
 defined in § 32.1-123 of the Code of Virginia or in a special unit of such
 a hospital. 
 
 "Instrumental activities of daily living" or
 "IADLs" means meal preparation, housekeeping, laundry, and managing
 money. A person's degree of independence in performing these activities is part
 of determining appropriate level of care and services. 
 
 "Intensive Community Treatment (ICT) community
 treatment service" or "ICT" means a self-contained
 interdisciplinary team of at least five full-time equivalent clinical staff, a
 program assistant, and a full-time psychiatrist that: 
 
 1. Assumes responsibility for directly providing needed
 treatment, rehabilitation, and support services to identified individuals with
 severe and persistent mental illness especially those who have severe symptoms
 that are not effectively remedied by available treatments or who because of
 reasons related to their mental illness resist or avoid involvement with mental
 health services; 
 
 2. Minimally refers individuals to outside service providers; 
 
 3. Provides services on a long-term care basis with continuity
 of caregivers over time; 
 
 4. Delivers 75% or more of the services outside program
 offices; and 
 
 5. Emphasizes outreach, relationship building, and
 individualization of services. 
 
 "Intensive in-home service" means family
 preservation interventions for children and adolescents who have or are at-risk
 of serious emotional disturbance, including individuals who also have a
 diagnosis of mental retardation (intellectual disability). Intensive in-home
 service is usually time-limited and is provided typically in the residence of
 an individual who is at risk of being moved to out-of-home placement or who is
 being transitioned back home from an out-of-home placement. The service
 includes 24-hour per day emergency response; crisis treatment; individual and
 family counseling; life, parenting, and communication skills; and case
 management and coordination with other services. 
 
 "Investigation" means a detailed inquiry or
 systematic examination of the operations of a provider or its services
 regarding an alleged violation of regulations or law. An investigation may be
 undertaken as a result of a complaint, an incident report, or other information
 that comes to the attention of the department. 
 
 "Licensed mental health professional" or
 "LMHP" means a physician, licensed clinical psychologist, licensed professional
 counselor, licensed clinical social worker, licensed substance abuse treatment
 practitioner, licensed marriage and family therapist, certified psychiatric
 clinical nurse specialist, or licensed behavior analyst. 
 
 "Location" means a place where services are or
 could be provided.
 
 "Medically managed withdrawal services" means
 detoxification services to eliminate or reduce the effects of alcohol or other
 drugs in the individual's body.
 
 "Mandatory outpatient treatment order" means an
 order issued by a court pursuant to § 37.2-817 of the Code of Virginia. 
 
 "Medical detoxification" means a service provided
 in a hospital or other 24-hour care facility under the supervision of medical
 personnel using medication to systematically eliminate or reduce effects of
 alcohol or other drugs in the individual's body. 
 
 "Medical evaluation" means the process of assessing
 an individual's health status that includes a medical history and a physical
 examination of an individual conducted by a licensed medical practitioner
 operating within the scope of his license. 
 
 "Medication" means prescribed or over-the-counter
 drugs or both. 
 
 "Medication administration" means the direct
 application of medications by injection, inhalation, ingestion, or any other
 means to an individual receiving services by (i) persons legally permitted to
 administer medications or (ii) the individual at the direction and in the
 presence of persons legally permitted to administer medications. 
 
 "Medication assisted treatment (Opioid treatment
 service)" means an intervention strategy that combines outpatient
 treatment with the administering or dispensing of synthetic narcotics, such as
 methadone or buprenorphine (suboxone), approved by the federal Food and Drug
 Administration for the purpose of replacing the use of and reducing the craving
 for opioid substances, such as heroin or other narcotic drugs. 
 
 "Medication error" means an error in administering
 a medication to an individual and includes when any of the following occur: (i)
 the wrong medication is given to an individual, (ii) the wrong individual is
 given the medication, (iii) the wrong dosage is given to an individual, (iv)
 medication is given to an individual at the wrong time or not at all, or (v)
 the wrong method is used to give the medication to the individual. 
 
 "Medication storage" means any area where
 medications are maintained by the provider, including a locked cabinet, locked
 room, or locked box. 
 
 "Mental Health Community Support Service (MHCSS)"
 means the provision of recovery-oriented services to individuals with
 long-term, severe mental illness. MHCSS includes skills training and assistance
 in accessing and effectively utilizing services and supports that are essential
 to meeting the needs identified in the individualized services plan and development
 of environmental supports necessary to sustain active community living as
 independently as possible. MHCSS may be provided in any setting in which the
 individual's needs can be addressed, skills training applied, and recovery
 experienced. 
 
 "Mental illness" means a disorder of thought, mood,
 emotion, perception, or orientation that significantly impairs judgment,
 behavior, capacity to recognize reality, or ability to address basic life
 necessities and requires care and treatment for the health, safety, or recovery
 of the individual or for the safety of others.
 
 "Mental retardation (intellectual disability)"
 means a disability originating before the age of 18 years characterized
 concurrently by (i) significantly subaverage intellectual functioning as
 demonstrated by performance on a standardized measure of intellectual
 functioning administered in conformity with accepted professional practice that
 is at least two standard deviations below the mean; and (ii) significant
 limitations in adaptive behavior as expressed in conceptual, social, and
 practical adaptive skills (§ 37.2-100 of the Code of Virginia). 
 
 "Neglect" means the failure by an individual or a
 program or facility operated, licensed, or funded by the department, excluding
 those operated by the Department of Corrections, responsible for providing
 services to do so, including nourishment, treatment, care, goods, or services
 necessary to the health, safety, or welfare of a person receiving care or
 treatment for mental illness, mental retardation (intellectual disability), or
 substance abuse (substance use disorders). 
 
 "Neurobehavioral services" means the assessment,
 evaluation, and treatment of cognitive, perceptual, behavioral, and other
 impairments caused by brain injury that affect an individual's ability to
 function successfully in the community. 
 
 "Outpatient service" means treatment provided to
 individuals on an hourly schedule, on an individual, group, or family basis,
 and usually in a clinic or similar facility or in another location. Outpatient
 services may include diagnosis and evaluation, screening and intake,
 counseling, psychotherapy, behavior management, psychological testing and
 assessment, laboratory and other ancillary services, medical services, and
 medication services. "Outpatient service" specifically includes: 
 
 1. Services operated by a community services board or a
 behavioral health authority established pursuant to Chapter 5 (§ 37.2-500 et
 seq.) or Chapter 6 (§ 37.2-600 et seq.) of Title 37.2 of the Code of Virginia; 
 
 2. Services contracted by a community services board or a
 behavioral health authority established pursuant to Chapter 5 (§ 37.2-500 et
 seq.) or Chapter 6 (§ 37.2-600 et seq.) of Title 37.2 of the Code of Virginia;
 or 
 
 3. Services that are owned, operated, or controlled by a
 corporation organized pursuant to the provisions of either Chapter 9 (§
 13.1-601 et seq.) or Chapter 10 (§ 13.1-801 et seq.) of Title 13.1 of the Code
 of Virginia. 
 
 "Partial hospitalization service" means
 time-limited active treatment interventions that are more intensive than
 outpatient services, designed to stabilize and ameliorate acute symptoms, and
 serve as an alternative to inpatient hospitalization or to reduce the length of
 a hospital stay. Partial hospitalization is focused on individuals with serious
 mental illness, substance abuse (substance use disorders), or co-occurring
 disorders at risk of hospitalization or who have been recently discharged from
 an inpatient setting. 
 
 "Person-centered" means focusing on the needs and
 preferences of the individual; empowering and supporting the individual in
 defining the direction for his life; and promoting self-determination,
 community involvement, and recovery.
 
 "Program of Assertive Community Treatment (PACT) assertive
 community treatment service" or "PACT" means a
 self-contained interdisciplinary team of at least 10 full-time equivalent
 clinical staff, a program assistant, and a full- or part-time psychiatrist
 that: 
 
 1. Assumes responsibility for directly providing needed
 treatment, rehabilitation, and support services to identified individuals with
 severe and persistent mental illnesses, including those who have severe
 symptoms that are not effectively remedied by available treatments or who
 because of reasons related to their mental illness resist or avoid involvement
 with mental health services;
 
 2. Minimally refers individuals to outside service providers; 
 
 3. Provides services on a long-term care basis with continuity
 of caregivers over time; 
 
 4. Delivers 75% or more of the services outside program
 offices; and 
 
 5. Emphasizes outreach, relationship building, and
 individualization of services. 
 
 "Provider" means any person, entity, or
 organization, excluding an agency of the federal government by whatever name or
 designation, that delivers (i) services to individuals with mental illness,
 mental retardation (intellectual disability), or substance abuse (substance use
 disorders), (ii) services to individuals who receive day support, in-home
 support, or crisis stabilization services funded through the IFDDS Waiver, or
 (iii) residential services for individuals with brain injury. The person,
 entity, or organization shall include a hospital as defined in § 32.1-123
 of the Code of Virginia, community services board, behavioral health authority,
 private provider, and any other similar or related person, entity, or
 organization. It shall not include any individual practitioner who holds a
 license issued by a health regulatory board of the Department of Health
 Professions or who is exempt from licensing pursuant to §§ 54.1-2901,
 54.1-3001, 54.1-3501, 54.1-3601 and 54.1-3701 of the Code of Virginia. 
 
 "Psychosocial rehabilitation service" means a
 program of two or more consecutive hours per day provided to groups of adults
 in a nonresidential setting. Individuals must demonstrate a clinical need for
 the service arising from a condition due to mental, behavioral, or emotional
 illness that results in significant functional impairments in major life
 activities. This service provides education to teach the individual about
 mental illness, substance abuse, and appropriate medication to avoid
 complication and relapse and opportunities to learn and use independent skills
 and to enhance social and interpersonal skills within a consistent program
 structure and environment. Psychosocial rehabilitation includes skills
 training, peer support, vocational rehabilitation, and community resource
 development oriented toward empowerment, recovery, and competency.
 
 "Qualified developmental disability
 professional" or "QDDP" means a person who possesses at least
 one year of documented experience working directly with individuals who have a
 developmental disability and who possesses one of the following credentials:
 (i) a doctor of medicine or osteopathy licensed in Virginia, (ii) a registered
 nurse licensed in Virginia, (iii) a licensed occupational therapist, or (iv)
 completion of at least a bachelor's degree in a human services field, including
 sociology, social work, special education, rehabilitation counseling, or
 psychology.
 
 "Qualified mental health professional" or
 "QMHP" means a person who by education and experience is
 professionally qualified and registered by the Board of Counseling in
 accordance with 18VAC115-80 to provide collaborative mental health services for
 adults or children. A QMHP shall not engage in independent or autonomous
 practice. A QMHP shall provide such services as an employee or independent
 contractor of the department or a provider licensed by the department.
 
 "Qualified Mental Health Professional-Adult (QMHP-A)
 mental health professional-adult" or "QMHP-A"
 means a person in the human services field who is trained and experienced in
 providing psychiatric or mental health services to individuals who have a
 mental illness; including (i) a doctor of medicine or osteopathy licensed in
 Virginia; (ii) a doctor of medicine or osteopathy, specializing in psychiatry
 and licensed in Virginia; (iii) an individual with a master's degree in
 psychology from an accredited college or university with at least one year of
 clinical experience; (iv) a social worker: an individual with at least a
 bachelor's degree in human services or related field (social work, psychology,
 psychiatric rehabilitation, sociology, counseling, vocational rehabilitation,
 human services counseling or other degree deemed equivalent to those described)
 from an accredited college and with at least one year of clinical experience
 providing direct services to individuals with a diagnosis of mental illness;
 (v) a person with at least a bachelor's degree from an accredited college in an
 unrelated field that includes at least 15 semester credits (or equivalent) in a
 human services field and who has at least three years of clinical experience;
 (vi) a Certified Psychiatric Rehabilitation Provider (CPRP) registered with the
 United States Psychiatric Rehabilitation Association (USPRA); (vii) a
 registered nurse licensed in Virginia with at least one year of clinical
 experience; or (viii) any other licensed mental health professional who
 by education and experience is professionally qualified and registered with the
 Board of Counseling in accordance with 18VAC115-80 to provide collaborative
 mental health services for adults. A QMHP-A shall provide such services as an
 employee or independent contractor of the department or a provider licensed by
 the department. A QMHP-A may be an occupational therapist who by education and
 experience is professionally qualified and registered with the Board of
 Counseling in accordance with 18VAC115-80.
 
 "Qualified Mental Health Professional-Child (QMHP-C)
 mental health professional-child" or "QMHP-C"
 means a person in the human services field who is trained and experienced in
 providing psychiatric or mental health services to children who have a mental
 illness. To qualify as a QMHP-C, the individual must have the designated
 clinical experience and must either (i) be a doctor of medicine or osteopathy
 licensed in Virginia; (ii) have a master's degree in psychology from an
 accredited college or university with at least one year of clinical experience
 with children and adolescents; (iii) have a social work bachelor's or master's
 degree from an accredited college or university with at least one year of
 documented clinical experience with children or adolescents; (iv) be a
 registered nurse with at least one year of clinical experience with children
 and adolescents; (v) have at least a bachelor's degree in a human services
 field or in special education from an accredited college with at least one year
 of clinical experience with children and adolescents, or (vi) be a licensed
 mental health professional who by education and experience is
 professionally qualified and registered with the Board of Counseling in
 accordance with 18VAC115-80 to provide collaborative mental health services for
 children. A QMHP-C shall provide such services as an employee or independent
 contractor of the department or a provider licensed by the department. A QMHP-C
 may be an occupational therapist who by education and experience is
 professionally qualified and registered with the Board of Counseling in
 accordance with 18VAC115-80.
 
 "Qualified Mental Health Professional-Eligible
 (QMHP-E) mental health professional-eligible" or
 "QMHP-E" means a person who has: (i) at least a bachelor's
 degree in a human service field or special education from an accredited college
 without one year of clinical experience or (ii) at least a bachelor's degree in
 a nonrelated field and is enrolled in a master's or doctoral clinical program,
 taking the equivalent of at least three credit hours per semester and is
 employed by a provider that has a triennial license issued by the department
 and has a department and DMAS-approved supervision training program receiving
 supervised training in order to qualify as a QMHP in accordance with
 18VAC115-80 and who is registered with the Board of Counseling.
 
 "Qualified Mental Retardation Professional
 (QMRP)" means a person who possesses at least one year of documented
 experience working directly with individuals who have mental retardation
 (intellectual disability) or other developmental disabilities and one of the
 following credentials: (i) a doctor of medicine or osteopathy licensed in
 Virginia, (ii) a registered nurse licensed in Virginia, or (iii) completion of
 at least a bachelor's degree in a human services field, including, but not
 limited to sociology, social work, special education, rehabilitation
 counseling, or psychology.
 
 "Qualified Paraprofessional in Mental Health (QPPMH)
 paraprofessional in mental health" or "QPPMH"
 means a person who must, at a minimum, meet at least one of the
 following criteria: (i) registered with the United States Psychiatric
 Association (USPRA) as an Associate Psychiatric Rehabilitation Provider (APRP);
 (ii) has an associate's degree in a related field (social work, psychology,
 psychiatric rehabilitation, sociology, counseling, vocational rehabilitation,
 human services counseling) and at least one year of experience providing direct
 services to individuals with a diagnosis of mental illness; or (iii) licensed
 as an  occupational therapy assistant, and supervised by a licensed
 occupational therapist, with at least one year of experience providing direct
 services to individuals with a diagnosis of mental illness; or (iv) has a
 minimum of 90 hours classroom training and 12 weeks of experience under the
 direct personal supervision of a QMHP-Adult QMHP-A providing
 services to individuals with mental illness and at least one year of experience
 (including the 12 weeks of supervised experience).
 
 "Recovery" means a journey of healing and
 transformation enabling an individual with a mental illness to live a
 meaningful life in a community of his choice while striving to achieve his full
 potential. For individuals with substance abuse (substance use disorders),
 recovery is an incremental process leading to positive social change and a full
 return to biological, psychological, and social functioning. For individuals
 with mental retardation (intellectual disability), the concept of recovery does
 not apply in the sense that individuals with mental retardation (intellectual
 disability) will need supports throughout their entire lives although these may
 change over time. With supports, individuals with mental retardation
 (intellectual disability) are capable of living lives that are fulfilling and
 satisfying and that bring meaning to themselves and others whom they know.
 
 "Referral" means the process of directing an
 applicant or an individual to a provider or service that is designed to provide
 the assistance needed. 
 
 "Residential crisis stabilization service" means
 (i) providing short-term, intensive treatment to nonhospitalized individuals
 who require multidisciplinary treatment in order to stabilize acute psychiatric
 symptoms and prevent admission to a psychiatric inpatient unit; (ii) providing
 normative environments with a high assurance of safety and security for crisis
 intervention; and (iii) mobilizing the resources of the community support
 system, family members, and others for ongoing rehabilitation and recovery. 
 
 "Residential service" means providing 24-hour
 support in conjunction with care and treatment or a training program in a
 setting other than a hospital or training center. Residential services provide
 a range of living arrangements from highly structured and intensively
 supervised to relatively independent requiring a modest amount of staff support
 and monitoring. Residential services include residential treatment, group or
 community homes, supervised living, residential crisis stabilization, community
 gero-psychiatric residential, community intermediate care facility-MR,
 sponsored residential homes, medical and social detoxification, neurobehavioral
 services, and substance abuse residential treatment for women and children. 
 
 "Residential treatment service" means providing an
 intensive and highly structured mental health, substance abuse, or
 neurobehavioral service, or services for co-occurring disorders in a
 residential setting, other than an inpatient service.
 
 "Respite care service" means providing for a
 short-term, time limited period of care of an individual for the purpose of
 providing relief to the individual's family, guardian, or regular care giver.
 Persons providing respite care are recruited, trained, and supervised by a
 licensed provider. These services may be provided in a variety of settings including
 residential, day support, in-home, or a sponsored residential home.
 
 "Restraint" means the use of a mechanical device,
 medication, physical intervention, or hands-on hold to prevent an individual
 receiving services from moving his body to engage in a behavior that places him
 or others at imminent risk. There are three kinds of restraints:
 
 1. Mechanical restraint means the use of a mechanical device
 that cannot be removed by the individual to restrict the individual's freedom
 of movement or functioning of a limb or portion of an individual's body when
 that behavior places him or others at imminent risk.
 
 2. Pharmacological restraint means the use of a medication
 that is administered involuntarily for the emergency control of an individual's
 behavior when that individual's behavior places him or others at imminent risk
 and the administered medication is not a standard treatment for the
 individual's medical or psychiatric condition.
 
 3. Physical restraint, also referred to as manual hold, means
 the use of a physical intervention or hands-on hold to prevent an individual
 from moving his body when that individual's behavior places him or others at
 imminent risk.
 
 "Restraints for behavioral purposes" means using a
 physical hold, medication, or a mechanical device to control behavior or
 involuntary restrict the freedom of movement of an individual in an instance
 when all of the following conditions are met: (i) there is an emergency; (ii)
 nonphysical interventions are not viable; and (iii) safety issues require an
 immediate response.
 
 "Restraints for medical purposes" means using a
 physical hold, medication, or mechanical device to limit the mobility of an
 individual for medical, diagnostic, or surgical purposes, such as routine
 dental care or radiological procedures and related post-procedure care
 processes, when use of the restraint is not the accepted clinical practice for
 treating the individual's condition.
 
 "Restraints for protective purposes" means using a
 mechanical device to compensate for a physical or cognitive deficit when the
 individual does not have the option to remove the device. The device may limit
 an individual's movement, for example, bed rails or a gerichair, and prevent
 possible harm to the individual or it may create a passive barrier, such as a
 helmet to protect the individual.
 
 "Restriction" means anything that limits or
 prevents an individual from freely exercising his rights and privileges. 
 
 "Screening" means the process or procedure for
 determining whether the individual meets the minimum criteria for admission. 
 
 "Seclusion" means the involuntary placement of an
 individual alone in an area secured by a door that is locked or held shut by a
 staff person, by physically blocking the door, or by any other physical means
 so that the individual cannot leave it. 
 
 "Serious injury" means any injury resulting in
 bodily damage, harm, or loss that requires medical attention by a licensed
 physician, doctor of osteopathic medicine, physician assistant, or nurse
 practitioner while the individual is supervised by or involved in services,
 such as attempted suicides, medication overdoses, or reactions from medications
 administered or prescribed by the service.
 
 "Service" or "services" means (i)
 planned individualized interventions intended to reduce or ameliorate mental
 illness, mental retardation (intellectual disability), or substance abuse
 (substance use disorders) through care, treatment, training, habilitation, or
 other supports that are delivered by a provider to individuals with mental
 illness, mental retardation (intellectual disability), or substance abuse
 (substance use disorders). Services include outpatient services, intensive
 in-home services, opioid treatment services, inpatient psychiatric
 hospitalization, community gero-psychiatric residential services, assertive
 community treatment and other clinical services; day support, day treatment,
 partial hospitalization, psychosocial rehabilitation, and habilitation
 services; case management services; and supportive residential, halfway house,
 and other residential services; (ii) day support, in-home support, and crisis
 stabilization services provided to individuals under the IFDDS Waiver; and
 (iii) planned individualized interventions intended to reduce or ameliorate the
 effects of brain injury through care, treatment, or other supports or in
 residential services for persons with brain injury. 
 
 "Shall" means an obligation to act is imposed. 
 
 "Shall not" means an obligation not to act is
 imposed. 
 
 "Skills training" means systematic skill building
 through curriculum-based psychoeducational and cognitive-behavioral
 interventions. These interventions break down complex objectives for role
 performance into simpler components, including basic cognitive skills such as
 attention, to facilitate learning and competency.
 
 "Social detoxification service" means providing
 nonmedical supervised care for the individual's natural process of withdrawal
 from use of alcohol or other drugs. 
 
 "Sponsored residential home" means a service where
 providers arrange for, supervise, and provide programmatic, financial, and
 service support to families or persons (sponsors) providing care or treatment
 in their own homes for individuals receiving services. 
 
 "State board" means the State Board of Behavioral
 Health and Developmental Services. The board has statutory responsibility for
 adopting regulations that may be necessary to carry out the provisions of Title
 37.2 of the Code of Virginia and other laws of the Commonwealth administered by
 the commissioner or the department.
 
 "State methadone authority" means the Virginia
 Department of Behavioral Health and Developmental Services that is authorized
 by the federal Center for Substance Abuse Treatment to exercise the
 responsibility and authority for governing the treatment of opiate addiction
 with an opioid drug. 
 
 "Substance abuse (substance use disorders)" means
 the use of drugs enumerated in the Virginia Drug Control Act (§ 54.1-3400
 et seq.) without a compelling medical reason or alcohol that (i) results in
 psychological or physiological dependence or danger to self or others as a
 function of continued and compulsive use or (ii) results in mental, emotional,
 or physical impairment that causes socially dysfunctional or socially
 disordering behavior; and (iii), because of such substance abuse, requires care
 and treatment for the health of the individual. This care and treatment may
 include counseling, rehabilitation, or medical or psychiatric care. 
 
 "Substance abuse intensive outpatient service"
 means treatment provided in a concentrated manner for two or more consecutive
 hours per day to groups of individuals in a nonresidential setting. This
 service is provided over a period of time for individuals requiring more
 intensive services than an outpatient service can provide. Substance abuse
 intensive outpatient services include multiple group therapy sessions during
 the week, individual and family therapy, individual monitoring, and case
 management. 
 
 "Substance abuse residential treatment for women with
 children service" means a 24-hour residential service providing an
 intensive and highly structured substance abuse service for women with children
 who live in the same facility. 
 
 "Supervised living residential service" means the
 provision of significant direct supervision and community support services to
 individuals living in apartments or other residential settings. These services
 differ from supportive in-home service because the provider assumes responsibility
 for management of the physical environment of the residence, and staff
 supervision and monitoring are daily and available on a 24-hour basis. Services
 are provided based on the needs of the individual in areas such as food
 preparation, housekeeping, medication administration, personal hygiene,
 treatment, counseling, and budgeting. 
 
 "Supportive in-home service" (formerly supportive
 residential) means the provision of community support services and other
 structured services to assist individuals, to strengthen individual skills, and
 that provide environmental supports necessary to attain and sustain independent
 community residential living. Services include drop-in or friendly-visitor
 support and counseling to more intensive support, monitoring, training, in-home
 support, respite care, and family support services. Services are based on the
 needs of the individual and include training and assistance. These services
 normally do not involve overnight care by the provider; however, due to the
 flexible nature of these services, overnight care may be provided on an
 occasional basis.
 
 "Therapeutic day treatment for children and
 adolescents" means a treatment program that serves (i) children and
 adolescents from birth through age 17 and under certain circumstances up to 21 with
 serious emotional disturbances, substance use, or co-occurring disorders or
 (ii) children from birth through age seven who are at risk of serious emotional
 disturbance, in order to combine psychotherapeutic interventions with education
 and mental health or substance abuse treatment. Services include: evaluation;
 medication education and management; opportunities to learn and use daily
 living skills and to enhance social and interpersonal skills; and individual,
 group, and family counseling.
 
 "Time out" means the involuntary removal of an
 individual by a staff person from a source of reinforcement to a different,
 open location for a specified period of time or until the problem behavior has
 subsided to discontinue or reduce the frequency of problematic behavior. 
 
 "Volunteer" means a person who, without financial
 remuneration, provides services to individuals on behalf of the provider. 
 
 12VAC35-105-590. Provider staffing plan. 
 
 A. The provider shall implement a written staffing plan that
 includes the types, roles, and numbers of employees and contractors that are
 required to provide the service. This staffing plan shall reflect the: 
 
 1. Needs of the individuals served; 
 
 2. Types of services offered; 
 
 3. The service description; and 
 
 4. Number of people to be served at a given time. 
 
 B. The provider shall develop a written transition staffing
 plan for new services, added locations, and changes in capacity. 
 
 C. The provider shall meet the following staffing
 requirements related to supervision. 
 
 1. The provider shall describe how employees, volunteers,
 contractors, and student interns will be supervised in the staffing plan and
 how that supervision will be documented. 
 
 2. Supervision of employees, volunteers, contractors, and
 student interns shall be provided by persons who have experience in working
 with individuals receiving services and in providing the services outlined in
 the service description. 
 
 3. Supervision shall be appropriate to the services provided
 and the needs of the individual. Supervision shall be documented. 
 
 4. Supervision shall include responsibility for approving
 assessments and individualized services plans, as appropriate. This
 responsibility may be delegated to an employee or contractor who meets the
 qualification for supervision as defined in this section.
 
 5. Supervision of mental health, substance abuse, or
 co-occurring services that are of an acute or clinical nature such as
 outpatient, inpatient, intensive in-home, or day treatment shall be provided by
 a licensed mental health professional or a mental health professional who is
 license-eligible and registered with a board of the Department of Health
 Professions.
 
 6. Supervision of mental health, substance abuse, or
 co-occurring services that are of a supportive or maintenance nature, such as
 psychosocial rehabilitation, or mental health supports,
 shall be provided by a QMHP-A, a licensed mental health professional, or a
 mental health professional who is license-eligible and registered with a board
 of the Department of Health Professions. An individual who is a
 QMHP-E may not provide this type of supervision. 
 
 7. Supervision of mental retardation (intellectual disability)
 services shall be provided by a person with at least one year of documented
 experience working directly with individuals who have mental retardation
 (intellectual disability) or other developmental disabilities and holds at
 least a bachelor's degree in a human services field such as sociology, social
 work, special education, rehabilitation counseling, nursing, or psychology. Experience
 may be substituted for the education requirement. 
 
 8. Supervision of individual and family developmental
 disabilities support (IFDDS) services shall be provided by a person possessing
 at least one year of documented experience working directly with individuals
 who have developmental disabilities and is one of the following: a doctor of
 medicine or osteopathy licensed in Virginia; a registered nurse licensed in
 Virginia; or a person holding at least a bachelor's degree in a human services
 field such as sociology, social work, special education, rehabilitation
 counseling, or psychology. Experience may be substituted for the education
 requirement. 
 
 9. Supervision of brain injury services shall be provided at a
 minimum by a clinician in the health professions field who is trained and
 experienced in providing brain injury services to individuals who have a brain
 injury diagnosis including: (i) a doctor of medicine or osteopathy licensed in
 Virginia; (ii) a psychiatrist who is a doctor of medicine or osteopathy
 specializing in psychiatry and licensed in Virginia; (iii) a psychologist who
 has a master's degree in psychology from a college or university with at least
 one year of clinical experience; (iv) a social worker who has a bachelor's
 degree in human services or a related field (social work, psychology,
 psychiatric evaluation, sociology, counseling, vocational rehabilitation, human
 services counseling, or other degree deemed equivalent to those described) from
 an accredited college or university with at least two years of clinical
 experience providing direct services to individuals with a diagnosis of brain
 injury; (v) a Certified Brain Injury Specialist; (vi) a registered nurse
 licensed in Virginia with at least one year of clinical experience; or (vii)
 any other licensed rehabilitation professional with one year of clinical
 experience.
 
 D. The provider shall employ or contract with persons with
 appropriate training, as necessary, to meet the specialized needs of and to
 ensure the safety of individuals being served in residential services with
 medical or nursing needs; speech, language, or hearing problems; or other needs
 where specialized training is necessary. 
 
 E. Providers of brain injury services shall employ or
 contract with a neuropsychologist or licensed clinical psychologist
 specializing in brain injury to assist, as appropriate, with initial
 assessments, development of individualized services plans, crises, staff
 training, and service design. 
 
 F. Direct care staff who provide brain injury services shall
 have at least a high school diploma and two years of experience working with
 individuals with disabilities or shall have successfully completed an approved
 training curriculum on brain injuries within six months of employment. 
 
 12VAC35-105-1370. Treatment team and staffing plan. 
 
 A. Services are delivered by interdisciplinary teams. 
 
 1. PACT and ICT teams shall include the following positions: 
 
 a. Team Leader - one full time QMHP-Adult full-time
 QMHP-A with at least three years experience in the provision of mental
 health services to adults with serious mental illness. The team leader shall
 oversee all aspects of team operations and shall routinely provide direct
 services to individuals in the community.
 
 b. Nurses - PACT and ICT nurses shall be full-time employees
 or contractors with the following minimum qualifications: A registered nurse
 (RN) shall have one year of experience in the provision of mental health
 services to adults with serious mental illness. A licensed practical nurse
 (LPN) shall have three years of experience in the provision of mental health
 services to adults with serious mental illness. ICT teams shall have at least
 one qualified full-time nurse. PACT teams shall have at least three qualified
 full-time nurses at least one of whom shall be a qualified RN. 
 
 c. One full-time vocational specialist and one full-time
 substance abuse specialist. These staff members shall provide direct services
 to individuals in their area of specialty and provide leadership to other team
 members to also assist individuals with their self identified employment or
 substance abuse recovery goals. 
 
 d. Peer specialists - one or more full-time equivalent QPPMH
 or QMHP-Adult QMHP-A who is or has been a recipient of mental
 health services for severe and persistent mental illness. The peer specialist
 shall be a fully integrated team member who provides peer support directly to
 individuals and provides leadership to other team members in understanding and
 supporting individuals' recovery goals.
 
 e. Program assistant - one full-time person with skills and
 abilities in medical records management shall operate and coordinate the
 management information system, maintain accounts and budget records for
 individual and program expenditures, and provide receptionist activities. 
 
 f. Psychiatrist - one physician who is board certified in
 psychiatry or who is board eligible in psychiatry and is licensed to practice
 medicine in Virginia. An equivalent ratio to 20 minutes (.008 FTE) of
 psychiatric time for each individual served must be maintained. The
 psychiatrist shall be a fully integrated team member who attends team meetings
 and actively participates in developing and implementing each individual ISP.
 
 2. QMHP-Adult QMHP-A and mental health
 professional standards:
 
 a. At least 80% of the clinical employees or contractors, not
 including the program assistant or psychiatrist, shall meet QMHP-Adult
 standards and shall be QMHP-As qualified to provide the services
 described in 12VAC35-105-1410.
 
 b. Mental health professionals - At least half of the clinical
 employees or contractors, not including the team leader or nurses and including
 the peer specialist if that person holds such a degree, shall hold a master's
 degree in a human service field.
 
 3. Staffing capacity:
 
 a. An ICT team shall have at least five full-time equivalent
 clinical employees or contractors. A PACT team shall have at least 10 full-time
 equivalent clinical employees or contractors.
 
 b. ICT and PACT teams shall include a minimum number of
 employees (counting contractors but not counting the psychiatrist and program
 assistant) to maintain an employee to individual ratio of at least 1:10. 
 
 c. ICT teams may serve no more than 80 individuals. PACT teams
 may serve no more than 120 individuals. 
 
 d. A transition plan shall be required of PACT teams that will
 allow for "start-up" when newly forming teams are not in full
 compliance with the PACT model relative to staffing patterns and individuals
 receiving services capacity. 
 
 B. ICT and PACT teams shall meet daily Monday through Friday
 or at least four days per week to review and plan routine services and to
 address or prevent emergency and crisis situations. 
 
 C. ICT teams shall operate a minimum of 8 eight
 hours per day, 5 five days per week and shall provide services on
 a case-by-case basis in the evenings and on weekends. PACT teams shall be
 available to individuals 24 hours per day and shall operate a minimum of 12
 hours each weekday and 8 eight hours each weekend day and each
 holiday. 
 
 D. The ICT or PACT team shall make crisis services directly
 available 24 hours a day but may arrange coverage through another crisis
 services provider if the team coordinates with the crisis services provider
 daily. The PACT team shall operate an after-hours on-call system and be
 available to individuals by telephone or in person. 
 
 VA.R. Doc. No. R18-5245; Filed November 21, 2018, 2:38 p.m. 
TITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONS
STATE CORPORATION COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The following amendments are exempt from the Virginia Administrative Process Act pursuant to § 2.2-4002 C of the Code of Virginia, which provides that minor changes to regulations published in the Virginia Administrative Code under the Virginia Register Act, Chapter 41 (§ 2.2-4100 et seq.) of Title 2.2 of the Code of Virginia, made by the Virginia Code Commission pursuant to § 30-150 of the Code of Virginia, shall be exempt from the provisions of the Virginia Administrative Process Act.
 
Title of Regulation: 20VAC5-308. Rules Governing the Safety of Intrastate Hazardous Liquid Pipeline Systems (amending 20VAC5-308-10).
Statutory Authority: §§ 12.1-13 and 56-555 of the Code of Virginia.
Effective Date: December 10, 2018.
Agency Contact: Aaron Campbell, Associate General Counsel, State Corporation Commission, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9117, or email aaron.campbell@scc.virginia.gov.
Summary:
The amendments correct the name of the referenced division of the State Corporation Commission.
20VAC5-308-10. Safety of intrastate hazardous liquid pipeline systems.
A. These rules are adopted pursuant to § 56-555 of the Code of Virginia to establish safety and inspection requirements for intrastate hazardous liquid pipeline systems as defined by federal regulation promulgated under 49 USC § 60101.
B. Parts 195 and 199 of Title 49 of the Code of Federal Regulations are hereby adopted by reference as the minimum pipeline safety regulations applicable to intrastate hazardous liquid pipeline systems within the commission's jurisdiction.
C. Telephonic notices regarding incidents involving hazardous liquid pipeline systems shall be made, at the earliest practicable moment following discovery of the incident, to the commission's Division of Energy Regulation Utility and Railroad Safety during the division's daily hours and to the commission's Manager of Pipeline Safety (telephone number (804) 343-0863) during all other times. Such notices shall include the information listed in 49 CFR 195.52(b)(1) through (b)(6).
D. The commission's Division of Energy Regulation Utility and Railroad Safety may require certain written reports from the jurisdictional hazardous liquid pipeline systems to aid the commission staff in administering an effective pipeline safety program.
E. The commission's Division of Energy Regulation Utility and Railroad Safety shall be empowered to submit and sign on behalf of the commission, such forms and applications as necessary to assure participation in hazardous liquid pipeline safety programs, as deemed advisable by the commission to assure an effective safety program in Virginia, but that the commission comptroller shall be empowered to sign on behalf of the commission those applications and forms pertaining to grants or reimbursement of expenses incurred by the commission in conducting the pipeline safety program in Virginia.
VA.R. Doc. No. R19-5769; Filed November 29, 2018, 12:32 p.m. 
 
                                                        Establishing the Governor's Affordable
Housing Priorities to Address Virginia's Unmet Housing Needs