TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Agency Decision
Title of Regulation: 9VAC25-31. Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation.
Statutory Authority: § 62.1-44.15 of the Code of Virginia.
Names of Petitioners: James Alexander and Evans Oakerson.
Nature of Petitioners' Request: On March 26, 2026, the Department of Environmental Quality received a petition to the State Water Control Board for rulemaking from James Alexander and Evans Oakerson. The petitioners assert that after the U.S. Supreme Court's decision in Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), regulatory amendments are necessary to address significant gaps in existing regulations regarding discharges into dry ditch or intermittent streams from wastewater facilities discharging 1,000 gallons or more each day. The petitioners included proposed changes to the Virginia Pollutant Discharge System (VPDES) Permit Regulation with the petition for rulemaking.
A copy of the full petition is available from the point of contact for this petition.
Agency Decision: Request denied.
Statement of Reason for Decision: At the June 23, 2026, meeting of the State Water Control Board, staff presented the board with information on the petition and a summary of the comments received during the public comment period. The State Water Control Board voted not to initiate a rulemaking in response to the petition. The rationale for denying the petition is as follows:
The petitioners assert that the U.S. Supreme Court's 2023 ruling in Sackett v. Environmental Protection Agency (598 U.S. 651 (2023) (Sackett)) compromises Virginia's ability to regulate discharges to intermittent streams and dry ditches under the Clean Water Act (33 USC § 1251 et seq.) because such waters are no longer considered "waters of the United States." According to the petitioners, this means that the Department of Environmental Quality (DEQ) can no longer rely on the provisions of the Clean Water Act or the U.S Environmental Protection Agency (EPA) to grant permits or enforce sewage discharge limitations in these settings. Based on existing authority under the State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia) and Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation (9VAC25-31), DEQ disagrees with the need for the board to adopt new regulations or a general permit to regulate discharges to intermittent streams and dry ditches following Sackett.
Sackett does not amend the National Pollutant Discharge Elimination System (NPDES) regulations themselves, but for NPDES programs administered by EPA, the court's definition of "waters of the United States" may be applied in a way that narrows federal jurisdiction over wetlands and non-permanent streams and reduces the universe of waterbodies that would necessitate a point source discharger to obtain a NPDES permit. How the decision affects state-administered NPDES programs depends on the nature of the state program. For those states that have adopted requirements that are consistent with federal NPDES program requirements, the application of the Sackett ruling has a similar effect: the universe of waterbodies that would necessitate a point source discharger to obtain a NPDES permit is more limited. However, for those states administering the NPDES program and that have adopted more stringent requirements, such as in Virginia, where the program applies to state waters, defined by § 62.1-44.3 of the Code of Virginia as "all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands," the state's NPDES program is not affected.
While Sackett may have implications at the federal level and for some states, it does not limit Virginia, board, or DEQ authority in the regulation of point source discharges to state waters, including intermittent streams and dry ditches. The State Water Control Law and the authorities of the board and DEQ remain unaffected by the change in definition of "waters of the United States." Thus, Sackett does not create a gap in DEQ's authority, under the VPDES Permit Regulation as it currently exists, to issue individual permits to point source discharges to state waters, including intermittent streams and dry ditches.
DEQ, through the issuance of a VPDES individual permit, already addresses the other revisions to the VPDES Permit Regulation the petitioners requested:
Addition of language stating that effluent leaving a system is sited in a manner that protects public health and minimizes environmental impacts: Individual permits are drafted in a manner that is protective of receiving streams by evaluating stream flows relative to discharge.
Incorporation of Reliability Class requirements from the Sewage Collection and Treatment (SCAT) Regulations (9VAC25-790): VPDES individual permits for municipal wastewater treatment incorporate Reliability Class requirements outlined in the SCAT Regulations.
Establishment of requirements for discharges to dry ditches and intermittent streams: Individual permits are drafted in a manner that is protective of the receiving stream by evaluating stream flows relative to discharge.
Additionally, the promulgation of a general permit regulation for point source discharges to dry ditches or intermittent streams for wastewater facilities discharging 1,000 gallons per day (gpd) or more would prohibit DEQ from establishing the necessary site-specific limitations, monitoring, and conditions that DEQ currently establishes through the issuance of individual permits for discharges of the same nature.
Agency Contact: Jaime Robb, Director, Water Operations Division, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 527-5086, or email jaime.robb@deq.virginia.gov.
VA.R. Doc. No. PFR26-36; Filed March 30, 2026, 2:37 p.m.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR CONTRACTORS
Agency Decision
Title of Regulation: 18VAC50-22. Board for Contractors Regulations.
Statutory Authority: § 54.1-201 of the Code of Virginia.
Name of Petitioner: P. Tyler.
Nature of Petitioner's Request: The petitioner requests that the Board for Contractors amend 18VAC50-22-260 or another section of the regulation. 18VAC50-22-260 provides for the board's prohibited acts and includes provisions for minimum contract requirements for those engaged in residential contracting.
The petitioner requests the board consider a regulation requiring licensed residential contractors to provide a written disclosure prior to the beginning of work, stating:
1. Whether the contractor believes a permit is required for the proposed work.
2. Who will be responsible for obtaining any required permit.
3. Whether permit and inspection costs are included in the contract price.
4. A brief notice that failure to obtain required permits may affect inspections, code compliance, insurance coverage, resale disclosures, or liability.
The petitioner indicates the purpose of this proposed regulation is to address uncertainty regarding permit responsibility, including by homeowners, contractors, and others involved in residential project coordination. The petitioner indicates there have been repeated situations encountered over time across different residential projects and jurisdictions in Virginia involving misunderstandings about permit responsibility. The petitioner's understanding, based on conversations with building inspectors and building permit office staff in multiple jurisdictions, is that misunderstandings about permit responsibility can become complicated and stressful.
The petitioner contends that the current regulation may unintentionally place contractors who discuss permit requirements at a competitive disadvantage. One contractor may explain that a permit is required and include permit costs in a proposal, while another minimizes the issue or assumes permits will not be obtained. A simple disclosure could help "level the playing field" by ensuring that permit responsibility is addressed at the contract stage for all licensed contractors. The petitioner also contends that misunderstandings about permit responsibility can create unnecessary stress for multiple parties when the misunderstandings occur. Homeowners may discover permit issues only after work is completed, contractors may face disputes or complaints about work that was assumed to be routine, and building permit office staff and building inspectors are often placed in the difficult position of explaining requirements after the fact. The petitioner further contends that, while these situations may not arise in most projects, they can be particularly complicated and stressful for those involved when they do occur. A brief written disclosure at the beginning of a project could help prevent many of these misunderstandings.
The petitioner indicates that this request does not require the board to determine when permits are required. The petitioner provides some suggested language for a disclosure provision.
A copy of the petition is available from the agency.
Agency Decision: Request denied.
Statement of Reason for Decision: On June 23, 2026, the Board for Contractors reviewed the petition for rulemaking and public comments received. The board thanks the petitioner for making this thoughtful request to the board. After considering the petition and public comment, the board elected to refer the issue of requiring written disclosure in residential contracting contracts regarding permit responsibility to the board's standing committee for further review and consideration of a potential regulation.
Agency Contact: Joe Haughwout, Regulatory Affairs Manager, Department of Professional and Occupational Regulation, Perimeter Center, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8566, fax (804) 527-4403 or email joseph.haughwout@dpor.virginia.gov.
VA.R. Doc. No. PFR26-35; Filed April 7, 2026, 8:13 a.m.