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.
Titles of Regulations: 8VAC40-130. Virginia Student Financial Assistance Program Regulations (repealing 8VAC40-130-10 through 8VAC40-130-260).
8VAC40-131. Virginia Student Financial Assistance Program Regulations (adding 8VAC40-131-10 through 8VAC40-131-230).
Statutory Authority: § 23-38.53:4 of the Code of Virginia.
Effective Date: July 1, 2015.
Agency Contact: Lee Ann Rung, Manager, Executive and Council Affairs, State Council of Higher Education for Virginia, James Monroe Building, 101 North 14th Street, 9th Floor, Richmond, VA 23219, telephone (804) 225-2602, FAX (804) 371-7911, or email leeannrung@schev.edu.
Small Business Impact Review Report of Findings: This regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.
Summary:
The action repeals the current regulations regarding the Virginia Student Financial Assistance Program and replaces it with a new chapter to (i) reorganize provisions for clarity, (ii) update terminology, (iii) incorporate statutory changes, and (iv) provide administrative guidance. The majority of the changes reflect current practice and result in little substantive change to the program.
CHAPTER 131
VIRGINIA STUDENT FINANCIAL ASSISTANCE PROGRAM REGULATIONS
Part I
Definitions
8VAC40-131-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Academic period" or "semester" means a division of an academic year approximately 15 to 16 weeks in length from the first day of classes through the last day of exams for the fall or spring enrollment periods.
"Academic year" or "regular session" means a division of an award year that normally extends from late August to mid May, consists of the institution's fall and spring semesters, and is exclusive of the institution's summer session.
"Approved program" means a curriculum of courses in a certificate of undergraduate study, diploma, or degree program at the undergraduate, graduate, or first professional level.
"Award" means a grant from state funds appropriated within the item for student financial assistance in the annual Appropriation Act under Virginia Guaranteed Assistance Program or Commonwealth grant eligibility criteria.
"Award schedule" means the table or formula used by institutions to award program funds to full-time students for the academic year; awards for less than full-time students for the academic year shall be reviewed and adjusted according to the institution's awarding policies.
"Award year" means the 12-month enrollment period during which an institution holds classes, comprised of the regular session and the summer session.
"Book allowance" means the cost of attendance allowance for education-related book and supply expenses as determined by an institution.
"Census date" means the point at which a student's credit hour enrollment is locked for financial aid purposes. At this point in the term, credit hours are locked and financial aid for the term is adjusted to reflect the official number of enrolled credit hours.
"Commonwealth Award" means a grant from state funds appropriated within the item for student financial assistance in the annual Appropriation Act under Commonwealth grant eligibility criteria.
"Cost of attendance" means the sum of tuition, required fees, room, board, books, and supplies, and other education related expenses, as determined by an institution for purposes of calculating a student's financial need and awarding federal student aid funds.
"Council" means the State Council of Higher Education for Virginia or its designated staff.
"Domicile Guidelines" means the Domicile Guidelines of the State Council of Higher Education, dated October 15, 2009, and including Addendum A, dated January 12, 2010, and Addendum B, dated October 15, 2009.
"Domiciliary resident of Virginia" means a student who is determined by an institution to meet the eligibility requirements specified by § 23-7.4 of the Code of Virginia and augmented by the Domicile Guidelines.
"Expected family contribution" or "EFC" means the amount a student and the student's family is expected to contribute toward the cost of attendance. A student's EFC will be determined by the federal aid need analysis method used for Title IV programs. The institution may exercise professional judgment to adjust the student's EFC, as permitted under federal law, based on factors that affect the family's ability to pay. For students eligible for an award but ineligible to receive federal financial aid, the institution shall calculate the student's EFC using the appropriate federal EFC worksheet in cases where the federal processor has not calculated the student's EFC.
"Financial need" means any positive difference between a student's cost of attendance and the student's expected family contribution (see definition of "remaining need").
"Full-time study" means enrollment for at least 12 credit hours per term or its equivalent at the undergraduate level and enrollment for at least nine credit hours per term or its equivalent at the graduate or first professional level. The total hours counted will not include courses taken for audit, but may include required developmental or remedial courses and other elective courses that normally are not counted toward a degree at the institution. For students enrolled in a dual or concurrent undergraduate and graduate program, full-time study may be met through a combination of total credit hours, providing that the combination totals at least the minimum credit hours for full-time status for the student's institutionally recognized student level.
"Gift assistance" means financial aid in the form of scholarships, grants, and other sources that do not require work or repayment.
"Graduate student" means a student enrolled in an approved master's, doctoral, or first professional degree program.
"Half-time study" means enrollment for at least six credit hours per term or its equivalent at the undergraduate level. The total hours counted will not include courses taken for audit, but may include required developmental or remedial courses and other elective courses that normally are not counted toward a certificate, diploma, or degree at the institution. For undergraduate students enrolled in a dual or concurrent undergraduate and graduate program, half-time study may be met through a combination of total credit hours, providing that the combination totals at least the minimum credit hours for half-time status for the student's institutionally recognized student level.
"Institution" or "home institution" means any public institution of higher education in Virginia participating in the Virginia Student Financial Assistance Program.
"Program" or "VSFAP" means the Virginia Student Financial Assistance Program, a financial aid program authorized within the item for student financial assistance in the annual Appropriation Act.
"Remaining need" means any positive difference between a student's financial need and the sum of federal, state, and institutionally-controlled gift assistance known at the time of awarding.
"Satisfactory academic progress" means:
1. Acceptable progress towards completion of an approved program, as defined by the institution for the purposes of eligibility for federal student financial aid under the Code of Federal Regulations (Subpart C, 34 CFR Part 668 - Student Assistance General Provisions); and
2. For a student receiving a Virginia Guaranteed Assistance Program award, acceptable progress towards completion of an approved program in which a student earns not less than 24 credit hours, which is the minimum number required for full-time standing in each award year and maintains a cumulative minimum grade point average of 2.0.
"Summer session" means a division of an award year that normally extends from late May to mid August and consists of one or more summer enrollment periods, exclusive of the institution's fall and spring semesters.
"Term" means an academic period or summer session.
"Undergraduate student" means a student enrolled in an approved program leading to a certificate of undergraduate study, diploma, associate's degree, or bachelor's degree.
"VGAP" means a grant from state funds appropriated for the Virginia Guaranteed Assistance Program, as authorized by the laws of the Commonwealth of Virginia including §§ 23-38.53:4, 23-38.53:5, and 23-38.53:6 of the Code of Virginia.
Part II
Use of Funds
8VAC40-131-20. Use of funds.
An institution shall establish and maintain financial records that accurately reflect all program transactions as they occur. The institution shall establish and maintain general ledger control accounts and related subsidiary accounts that identify each program transaction and separate those transactions from all other institutional financial activity. Funds appropriated for undergraduate awards may not be used for graduate awards, and funds appropriated for graduate awards may not be used for undergraduate awards.
8VAC40-131-30. Types of assistance.
A. Funds allocated to institutions within the item for student financial assistance in the annual Appropriation Act may be used for:
1. Awards to undergraduate students enrolled for at least half-time study;
2. Awards to graduate students enrolled for full-time study. No more than 50% of the institution's graduate grants shall be awarded to students not classified as a domiciliary resident of Virginia;
3. Awards to students enrolled for full-time study in a dual or concurrent undergraduate and graduate program;
4. Assistantships to graduate students, funds for which must be transferred to the education and general account;
5. Providing the required matching contribution to federal or private student grant aid programs, except for programs requiring work; and
6. Supporting institutional work-study programs, funds for which must be transferred to the education and general account.
B. A student may receive either a VGAP award, an undergraduate Commonwealth Award, or a graduate Commonwealth Award during any one term (i.e., a student may not receive two or more different types of awards during the same term).
C. The provisions of this chapter shall not apply to:
1. Soil scientist scholarships authorized by § 23-38.3 of the Code of Virginia;
2. Foster children grants authorized by § 23-7.4:5 of the Code of Virginia;
3. Nongeneral funds allocated to institutions within the item for student financial assistance in the annual Appropriation Act, except for the satisfactory academic progress requirement; or
4. General funds allocated to institutions within the item for student financial assistance in the annual Appropriation Act that are used to support a work-study program, except for the financial need requirement.
Part III
Undergraduate Financial Assistance
Article 1
General Information
8VAC40-131-40. Priority for awards.
A. Priority for awards will be given to those students who file an application as required by the institution for need-based financial aid by the institutional priority filing date or deadline. Those students who file an application after the institutional priority filing date or deadline may receive an award; however, the award will be based on the funds available at the time the award is made and may be based on a new award schedule.
B. Awards shall not be made to students seeking a second or additional baccalaureate degree until the financial aid needs of first-degree-seeking students are fully met.
8VAC40-131-50. Award schedule and award amount restrictions.
A. Institutions shall construct award schedules to determine priority for and amount of awards, ensuring that the schedule conforms to the conditions and restrictions listed in this subsection.
1. The institution:
a. Must define its neediest students;
b. Must use the same award schedule for all students whose awards are packaged at the same time;
c. Must ensure that students eligible for Commonwealth Awards and students eligible for VGAP awards are packaged at the same time using the same award schedule;
d. Shall not include the assessed tuition and fee surcharge when calculating the remaining need and financial need of students exceeding 125% of their program length, pursuant to subsection F of § 23-7.4 of the Code of Virginia;
e. For students enrolled at multiple institutions or in study abroad programs, shall include as the tuition and required fee component of the cost of attendance the lesser of the amount that would be charged by the home institution for the student's combined enrollment level and the sum of actual tuition and required fees assessed by each institution;
f. May include minimum award amounts for VGAP and Commonwealth Awards; and
g. May construct a new award schedule or new award schedules based on the time of packaging and available funds; however, for students whose awards are packaged at the same time, the same schedule shall be used.
2. Award amounts must be:
a. Based on remaining need; and
b. Proportional to remaining need (i.e., students with greater remaining need receive larger award amounts than students with lesser remaining need).
3. VGAP-eligible students:
a. Must receive award amounts greater than Commonwealth Award-eligible students with equivalent remaining need;
b. Who fall into the neediest category must receive an award amount of at least the tuition charged to the individual student; and
c. Who fall into the neediest category may receive an award amount of up to tuition, required fees, and book allowance.
4. Commonwealth Award-eligible students who fall into the neediest category may receive an award amount of up to tuition and required fees.
5. Two-year colleges electing to modify their award schedules must:
a. Define "remaining need" as (i) any positive difference between a student's cost of attendance and the student's expected family contribution or (ii) the financial need determined by the U.S. Department of Education and reflected in its payment schedule of EFC ranges for the Federal Pell Grant program;
b. Construct an award schedule that is based on remaining need and the combination of federal and state grant aid; and
c. Include a minimum award amount for the neediest VGAP-eligible student.
B. The following award amount restrictions apply to awards:
1. An award under the program, when combined with other gift assistance applied to the student's institutional account, shall not exceed the student's financial need. For purposes of the over financial need calculation, only the tuition and fee portion of veterans education benefits and national service education awards or post-service benefits (e.g., AmeriCorps) shall be included.
2. An undergraduate Commonwealth Award, when combined with tuition-only assistance such as a tuition waiver, tuition scholarship or grant, or employer tuition reimbursement, shall not exceed the student's actual charges for tuition and required fees; a VGAP award, when combined with tuition-only assistance such as a tuition waiver, tuition scholarship or grant, or employer tuition reimbursement, shall not exceed the student's actual charges for tuition, required fees, and standard book allowance.
8VAC40-131-60. Summer session awards.
Institutions may elect to award during summer sessions; however, an award made to assist a student in attending an institution's summer session shall be prorated according to the size of comparable awards for students with similar financial needs made in that institution's regular session.
8VAC40-131-70. Refund of awards.
A student who receives an award and who, during a term, withdraws from the institution that made the award must surrender the balance of the award. In determining the earned portion of the award that the student may retain, the institution shall apply the percentage of earned aid resulting from the federal Return to Title IV formula to the student's award amount.
Article 2
Commonwealth Awards
8VAC40-131-80. Undergraduate eligibility criteria for an initial award.
In order to participate, an undergraduate student shall:
1. Be enrolled for at least half-time study as of the term's census date;
2. Be a domiciliary resident of Virginia;
3. Be a United States citizen or eligible noncitizen as described in § 23-7.4 of the Code of Virginia and augmented by the Domicile Guidelines;
4. Demonstrate financial need for federal Title IV financial aid purposes; and
5. Have complied with federal selective service registration requirements, unless the following apply:
a. The requirement to register has terminated or become inapplicable to the student; and
b. The student shows by preponderance of the evidence that failure to register was not a knowing and willful failure to register.
8VAC40-131-90. Renewability of awards.
Awards may be renewed provided that the student:
1. Maintains satisfactory academic progress; and
2. Continues to meet all of the requirements of 8VAC40-131-80.
8VAC40-131-100. Enrollment at multiple institutions and in study abroad programs.
A. A student enrolled concurrently at multiple institutions may receive an award if:
1. The home institution is a VSFAP participating institution;
2. A formal consortium agreement is in place; and
3. The student's combined enrollment is at least half time.
B. A student enrolled in a study abroad program may receive an award if:
1. The student is enrolled for at least half-time study;
2. The student remains on record as a student in an approved program at the home institution for the term in which the award is received;
3. The program funds are disbursed through the home institution; and
4. The study abroad program is a formal agreement arranged by the institution.
Article 3
Virginia Guaranteed Assistance Program Awards
8VAC40-131-110. VGAP eligibility criteria for an initial award.
In order to participate, an undergraduate student shall:
1. Be enrolled for full-time study as of the term's census date. Exceptions to the full-time study requirement due to documented disability or other documented medical reasons, as applicable under the federal Americans with Disabilities Act, 42 USC § 12101 et seq., will be considered on a case-by-case basis by the institution; supporting documentation must include a physician's note specifying the full-time equivalent for the student. Such students shall receive an adjusted award amount determined according to the institution's awarding policies;
2. Be a domiciliary resident of Virginia;
3. Be a United States citizen or eligible noncitizen as described in § 23-7.4 of the Code of Virginia and augmented by the Domicile Guidelines;
4. Demonstrate financial need for federal Title IV financial aid purposes;
5. Be a graduate from a Virginia high school; students obtaining a General Educational Development (GED) certificate are not eligible. Exceptions are granted for students who:
a. Are dependent children of active-duty military personnel residing outside the Commonwealth of Virginia pursuant to military orders and claiming Virginia on their State of Legal Residence Certificate and satisfying the domicile requirements for such active duty military personnel pursuant to subsection B of § 23-7.4 of the Code of Virginia;
b. Have completed a program of home school instruction in accordance with § 22.1-254.1 of the Code of Virginia; or
c. Have been excused from school attendance pursuant to subsection B of § 22.1-254 of the Code of Virginia.
6. For a high school graduate, have at least a cumulative 2.5 grade point average (GPA) on a 4.0 scale, or its equivalent, at the time of admission to the institution or according to the latest available high school transcript. In the absence of a high school transcript indicating the grade point average, the institution must have on file a letter from the student's high school certifying the student's high school GPA;
7. For a student meeting the high school graduate exception in subdivision 5 b or 5 c of this subsection, have earned SAT math and verbal combined scores of 900 or above or have earned ACT composite scores of 19 or above;
8. Be classified as a dependent student for federal financial aid purposes; and
9. Have complied with federal selective service registration requirements, unless the following apply:
a. The requirement to register has terminated or become inapplicable to the student; and
b. The student shows by preponderance of the evidence that failure to register was not a knowing and willful failure to register.
8VAC40-131-120. Renewability of awards.
A. Awards for students attending two-year colleges may be renewed for one award year while awards for students attending four-year colleges may be renewed for three award years. Students shall be limited to a cumulative total of four award years of eligibility.
Awards may be renewed annually provided that the undergraduate student:
1. Continues to be enrolled for full-time study as of the term's census date;
2. Maintains domiciliary residency in Virginia;
3. Continues to be a United States citizen or eligible noncitizen as described in § 23-7.4 of the Code of Virginia and augmented by the Domicile Guidelines;
4. Demonstrates continued financial need for federal Title IV financial aid purposes;
5. Maintains at least a 2.0 grade point average on a 4.0 scale, or its equivalent;
6. Maintains satisfactory academic progress;
7. Maintains continuous enrollment from the time of receipt of the initial award unless granted an exception for cause by the council.
a. Continuous enrollment shall be recognized as enrollment for full-time study in each academic period; lack of enrollment in the summer session or other special sessions offered by the institution does not disqualify the student.
b. A student participating in a cooperative education program or internship that is part of his academic program and a student whose college education is interrupted by a call to military service shall be deemed to have maintained continuous enrollment if he reenrolls no later than the following fall semester after completion of such employment or military service; and
8. Has complied with federal selective service registration requirements, unless the following apply:
a. The requirement to register has terminated or become inapplicable to the student; and
b. The student shows by preponderance of the evidence that failure to register was not a knowing and willful failure to register.
B. VGAP renewal awards are subject to the following special considerations:
1. Students who transfer to an institution shall be considered renewal students if they received or were eligible for an award during the prior academic period provided they meet renewal criteria.
2. Students who do not initially receive a VGAP award may be considered for renewal awards provided that they meet initial eligibility criteria and continue to meet renewal criteria. Once a student loses his classification as VGAP-eligible, the student cannot reestablish such eligibility. However, the student may qualify for a Commonwealth Award the following term.
8VAC40-131-130. Enrollment at multiple institutions and in study abroad programs.
A. A student enrolled concurrently at multiple institutions may receive an award if:
1. The home institution is a VSFAP participating institution;
2. A formal consortium agreement is in place; and
3. The student's combined enrollment meets full-time study requirements.
B. A student enrolled in a study abroad program may receive an award if:
1. The student is enrolled for full-time study;
2. The student remains on record as a student in an approved program at the home institution for the term in which the award is received;
3. The program funds are disbursed through the home institution; and
4. The study abroad program is a formal agreement arranged by the institution.
Part IV
Graduate Financial Assistance
8VAC40-131-140. Graduate eligibility criteria for an initial award.
A. In order to receive a Commonwealth Award, the graduate student must be enrolled for full-time study as of the term's census date.
B. An individual award may be based on financial need but may, in addition to or instead of, be based on other criteria determined by the institution making the award.
8VAC40-131-150. Amount of awards.
The amount of an award shall be determined by the institution making the award; however, the institution shall annually notify the council of the maximum size of a graduate award that is paid from funds in the appropriation.
8VAC40-131-160. Renewability of awards.
Awards may be renewed provided that the graduate student:
1. Maintains satisfactory academic progress; and
2. Continues to be enrolled for full-time study.
8VAC40-131-170. Enrollment at multiple institutions and in study abroad programs.
A. A student enrolled concurrently at multiple institutions may receive an award if:
1. The home institution is a VSFAP participating institution;
2. A formal consortium agreement is in place; and
3. The student's combined enrollment meets full-time study requirements.
B. A student enrolled in a study abroad program may receive an award if:
1. The student is enrolled for full-time study;
2. The student remains on record as a student in an approved program at the home institution for the term in which the award is received;
3. The program funds are disbursed through the home institution; and
4. The study abroad program is a formal agreement arranged by the institution.
Part V
Administration
8VAC40-131-180. Responsibility of the council.
The council shall collect such student specific information for both graduate and undergraduate students as is necessary for the operation of the program and other information deemed necessary by the council.
8VAC40-131-190. Responsibility of institutions.
Institutions shall:
1. Provide reports to the council that will include, but not be limited to, information describing the students served, the awards received, and the number and value of awards. Each institution shall annually report to the council its definition of "neediest" students;
2. Maintain documentation necessary to demonstrate that students' awards calculated during the same packaging cycle used the same award schedule;
3. Provide the council with the initial award schedule or formula that will be used to package on-time applications when submitting an annual report; and
4. Upon request by a student transferring to another institution, send to the other institution information about the student's VGAP eligibility.
8VAC40-131-200. Program reviews.
The council periodically will review institutional administrative practices to determine institutional program compliance with the Appropriation Act, the Code of Virginia, and this chapter. If a review determines that an institution has failed to comply with the Appropriation Act, the Code of Virginia, and this chapter, the council may withhold approval of expenditure plans for the program until the end of the next session of the General Assembly. No attempt to determine compliance with the Appropriation Act, Code of Virginia, and this chapter should be solely based on information from the financial aid data file submitted annually by institutions.
Part VI
Discontinued Student Loan Program
8VAC40-131-210. Terms and conditions of the loans.
An institution with a loan program established from previous general fund appropriations may continue the loan program, under such terms and rules as the governing board of the institution may prescribe, but shall not expand the loan program with currently appropriated funds. The loan program shall meet the following requirements:
1. In any one award year no student shall receive a loan or loans from the fund of an institution that would result in that student owing a net outstanding amount at the end of that award year in excess of the tuition and required fees charged by the institution;
2. The annual interest rate charged on loans to students from a fund shall be 3.0%;
3. An institution shall make every effort to collect each loan made from its student loan fund using the provisions of the Virginia Debt Collection Act (§ 2.2-4800 et seq. of the Code of Virginia); and
4. The Auditor of Public Accounts shall at least biennially audit and exhibit the account of student loan funds at each institution.
8VAC40-131-220. Eligibility criteria.
In order to be eligible for the student loan program, a student shall meet the criteria of 8VAC40-131-80, 8VAC40-131-90, 8VAC40-131-110, 8VAC40-131-120, 8VAC40-131-140, and 8VAC40-131-160.
8VAC40-131-230. Discontinuing student loan programs.
A. If any federal student loan program for which the institutional contribution was appropriated by the General Assembly is discontinued, the institutional share of the discontinued loan program shall be repaid to the fund from which the institutional share was derived unless other arrangements are recommended by the council and approved by the Department of Planning and Budget. Should the institution be permitted to retain the federal contributions to the program, the funds shall be used according to arrangements authorized by the council and approved by the Department of Planning and Budget.
B. An institution may discontinue its student loan program established pursuant to Chapter 4.01 (§ 23-38.10:2 et seq.) of Title 23 of the Code of Virginia. The full amount of cash in the discontinued loan fund shall be paid into the state treasury into a nonrevertible nongeneral fund account. Prior to such payment, the State Comptroller shall verify its accuracy, including the fact that the cash held by the institution in the loan fund will be fully depleted by such payment. The loan fund shall not be reestablished for that institution.
C. The cash paid into the state treasury shall be used only for awards to undergraduate students in the Virginia Student Financial Assistance Program according to arrangements authorized by the council and approved by the Department of Planning and Budget. Payments of any promissory notes held by the discontinued loan fund shall continue to be received by the institution and deposited to the nonrevertible nongeneral fund account and to be used for the VGAP awards and undergraduate Commonwealth Awards.
DOCUMENTS INCORPORATED BY REFERENCE (8VAC40-131)
Department of Accounts/State Council of Higher Education for Virginia, Charts of Accounts for Virginia State-Supported Colleges and Universities, July 1, 1990
State Council of Higher Education for Virginia (SCHEV), Domicile Guidelines, October 15, 2009
SCHEV, Domicile Guidelines, Addendum A, Descriptions and Domicile Eligibility Status for Various Categories of Aliens, January 12, 2010
SCHEV, Domicile Guidelines, Addendum B, Common Forms & Definitions, October 15, 2009
VA.R. Doc. No. R15-4266; Filed April 13, 2015, 12:07 p.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.
Titles of Regulations: 8VAC40-130. Virginia Student Financial Assistance Program Regulations (repealing 8VAC40-130-10 through 8VAC40-130-260).
8VAC40-131. Virginia Student Financial Assistance Program Regulations (adding 8VAC40-131-10 through 8VAC40-131-230).
Statutory Authority: § 23-38.53:4 of the Code of Virginia.
Effective Date: July 1, 2015.
Agency Contact: Lee Ann Rung, Manager, Executive and Council Affairs, State Council of Higher Education for Virginia, James Monroe Building, 101 North 14th Street, 9th Floor, Richmond, VA 23219, telephone (804) 225-2602, FAX (804) 371-7911, or email leeannrung@schev.edu.
Small Business Impact Review Report of Findings: This regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.
Summary:
The action repeals the current regulations regarding the Virginia Student Financial Assistance Program and replaces it with a new chapter to (i) reorganize provisions for clarity, (ii) update terminology, (iii) incorporate statutory changes, and (iv) provide administrative guidance. The majority of the changes reflect current practice and result in little substantive change to the program.
CHAPTER 131
VIRGINIA STUDENT FINANCIAL ASSISTANCE PROGRAM REGULATIONS
Part I
Definitions
8VAC40-131-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Academic period" or "semester" means a division of an academic year approximately 15 to 16 weeks in length from the first day of classes through the last day of exams for the fall or spring enrollment periods.
"Academic year" or "regular session" means a division of an award year that normally extends from late August to mid May, consists of the institution's fall and spring semesters, and is exclusive of the institution's summer session.
"Approved program" means a curriculum of courses in a certificate of undergraduate study, diploma, or degree program at the undergraduate, graduate, or first professional level.
"Award" means a grant from state funds appropriated within the item for student financial assistance in the annual Appropriation Act under Virginia Guaranteed Assistance Program or Commonwealth grant eligibility criteria.
"Award schedule" means the table or formula used by institutions to award program funds to full-time students for the academic year; awards for less than full-time students for the academic year shall be reviewed and adjusted according to the institution's awarding policies.
"Award year" means the 12-month enrollment period during which an institution holds classes, comprised of the regular session and the summer session.
"Book allowance" means the cost of attendance allowance for education-related book and supply expenses as determined by an institution.
"Census date" means the point at which a student's credit hour enrollment is locked for financial aid purposes. At this point in the term, credit hours are locked and financial aid for the term is adjusted to reflect the official number of enrolled credit hours.
"Commonwealth Award" means a grant from state funds appropriated within the item for student financial assistance in the annual Appropriation Act under Commonwealth grant eligibility criteria.
"Cost of attendance" means the sum of tuition, required fees, room, board, books, and supplies, and other education related expenses, as determined by an institution for purposes of calculating a student's financial need and awarding federal student aid funds.
"Council" means the State Council of Higher Education for Virginia or its designated staff.
"Domicile Guidelines" means the Domicile Guidelines of the State Council of Higher Education, dated October 15, 2009, and including Addendum A, dated January 12, 2010, and Addendum B, dated October 15, 2009.
"Domiciliary resident of Virginia" means a student who is determined by an institution to meet the eligibility requirements specified by § 23-7.4 of the Code of Virginia and augmented by the Domicile Guidelines.
"Expected family contribution" or "EFC" means the amount a student and the student's family is expected to contribute toward the cost of attendance. A student's EFC will be determined by the federal aid need analysis method used for Title IV programs. The institution may exercise professional judgment to adjust the student's EFC, as permitted under federal law, based on factors that affect the family's ability to pay. For students eligible for an award but ineligible to receive federal financial aid, the institution shall calculate the student's EFC using the appropriate federal EFC worksheet in cases where the federal processor has not calculated the student's EFC.
"Financial need" means any positive difference between a student's cost of attendance and the student's expected family contribution (see definition of "remaining need").
"Full-time study" means enrollment for at least 12 credit hours per term or its equivalent at the undergraduate level and enrollment for at least nine credit hours per term or its equivalent at the graduate or first professional level. The total hours counted will not include courses taken for audit, but may include required developmental or remedial courses and other elective courses that normally are not counted toward a degree at the institution. For students enrolled in a dual or concurrent undergraduate and graduate program, full-time study may be met through a combination of total credit hours, providing that the combination totals at least the minimum credit hours for full-time status for the student's institutionally recognized student level.
"Gift assistance" means financial aid in the form of scholarships, grants, and other sources that do not require work or repayment.
"Graduate student" means a student enrolled in an approved master's, doctoral, or first professional degree program.
"Half-time study" means enrollment for at least six credit hours per term or its equivalent at the undergraduate level. The total hours counted will not include courses taken for audit, but may include required developmental or remedial courses and other elective courses that normally are not counted toward a certificate, diploma, or degree at the institution. For undergraduate students enrolled in a dual or concurrent undergraduate and graduate program, half-time study may be met through a combination of total credit hours, providing that the combination totals at least the minimum credit hours for half-time status for the student's institutionally recognized student level.
"Institution" or "home institution" means any public institution of higher education in Virginia participating in the Virginia Student Financial Assistance Program.
"Program" or "VSFAP" means the Virginia Student Financial Assistance Program, a financial aid program authorized within the item for student financial assistance in the annual Appropriation Act.
"Remaining need" means any positive difference between a student's financial need and the sum of federal, state, and institutionally-controlled gift assistance known at the time of awarding.
"Satisfactory academic progress" means:
1. Acceptable progress towards completion of an approved program, as defined by the institution for the purposes of eligibility for federal student financial aid under the Code of Federal Regulations (Subpart C, 34 CFR Part 668 - Student Assistance General Provisions); and
2. For a student receiving a Virginia Guaranteed Assistance Program award, acceptable progress towards completion of an approved program in which a student earns not less than 24 credit hours, which is the minimum number required for full-time standing in each award year and maintains a cumulative minimum grade point average of 2.0.
"Summer session" means a division of an award year that normally extends from late May to mid August and consists of one or more summer enrollment periods, exclusive of the institution's fall and spring semesters.
"Term" means an academic period or summer session.
"Undergraduate student" means a student enrolled in an approved program leading to a certificate of undergraduate study, diploma, associate's degree, or bachelor's degree.
"VGAP" means a grant from state funds appropriated for the Virginia Guaranteed Assistance Program, as authorized by the laws of the Commonwealth of Virginia including §§ 23-38.53:4, 23-38.53:5, and 23-38.53:6 of the Code of Virginia.
Part II
Use of Funds
8VAC40-131-20. Use of funds.
An institution shall establish and maintain financial records that accurately reflect all program transactions as they occur. The institution shall establish and maintain general ledger control accounts and related subsidiary accounts that identify each program transaction and separate those transactions from all other institutional financial activity. Funds appropriated for undergraduate awards may not be used for graduate awards, and funds appropriated for graduate awards may not be used for undergraduate awards.
8VAC40-131-30. Types of assistance.
A. Funds allocated to institutions within the item for student financial assistance in the annual Appropriation Act may be used for:
1. Awards to undergraduate students enrolled for at least half-time study;
2. Awards to graduate students enrolled for full-time study. No more than 50% of the institution's graduate grants shall be awarded to students not classified as a domiciliary resident of Virginia;
3. Awards to students enrolled for full-time study in a dual or concurrent undergraduate and graduate program;
4. Assistantships to graduate students, funds for which must be transferred to the education and general account;
5. Providing the required matching contribution to federal or private student grant aid programs, except for programs requiring work; and
6. Supporting institutional work-study programs, funds for which must be transferred to the education and general account.
B. A student may receive either a VGAP award, an undergraduate Commonwealth Award, or a graduate Commonwealth Award during any one term (i.e., a student may not receive two or more different types of awards during the same term).
C. The provisions of this chapter shall not apply to:
1. Soil scientist scholarships authorized by § 23-38.3 of the Code of Virginia;
2. Foster children grants authorized by § 23-7.4:5 of the Code of Virginia;
3. Nongeneral funds allocated to institutions within the item for student financial assistance in the annual Appropriation Act, except for the satisfactory academic progress requirement; or
4. General funds allocated to institutions within the item for student financial assistance in the annual Appropriation Act that are used to support a work-study program, except for the financial need requirement.
Part III
Undergraduate Financial Assistance
Article 1
General Information
8VAC40-131-40. Priority for awards.
A. Priority for awards will be given to those students who file an application as required by the institution for need-based financial aid by the institutional priority filing date or deadline. Those students who file an application after the institutional priority filing date or deadline may receive an award; however, the award will be based on the funds available at the time the award is made and may be based on a new award schedule.
B. Awards shall not be made to students seeking a second or additional baccalaureate degree until the financial aid needs of first-degree-seeking students are fully met.
8VAC40-131-50. Award schedule and award amount restrictions.
A. Institutions shall construct award schedules to determine priority for and amount of awards, ensuring that the schedule conforms to the conditions and restrictions listed in this subsection.
1. The institution:
a. Must define its neediest students;
b. Must use the same award schedule for all students whose awards are packaged at the same time;
c. Must ensure that students eligible for Commonwealth Awards and students eligible for VGAP awards are packaged at the same time using the same award schedule;
d. Shall not include the assessed tuition and fee surcharge when calculating the remaining need and financial need of students exceeding 125% of their program length, pursuant to subsection F of § 23-7.4 of the Code of Virginia;
e. For students enrolled at multiple institutions or in study abroad programs, shall include as the tuition and required fee component of the cost of attendance the lesser of the amount that would be charged by the home institution for the student's combined enrollment level and the sum of actual tuition and required fees assessed by each institution;
f. May include minimum award amounts for VGAP and Commonwealth Awards; and
g. May construct a new award schedule or new award schedules based on the time of packaging and available funds; however, for students whose awards are packaged at the same time, the same schedule shall be used.
2. Award amounts must be:
a. Based on remaining need; and
b. Proportional to remaining need (i.e., students with greater remaining need receive larger award amounts than students with lesser remaining need).
3. VGAP-eligible students:
a. Must receive award amounts greater than Commonwealth Award-eligible students with equivalent remaining need;
b. Who fall into the neediest category must receive an award amount of at least the tuition charged to the individual student; and
c. Who fall into the neediest category may receive an award amount of up to tuition, required fees, and book allowance.
4. Commonwealth Award-eligible students who fall into the neediest category may receive an award amount of up to tuition and required fees.
5. Two-year colleges electing to modify their award schedules must:
a. Define "remaining need" as (i) any positive difference between a student's cost of attendance and the student's expected family contribution or (ii) the financial need determined by the U.S. Department of Education and reflected in its payment schedule of EFC ranges for the Federal Pell Grant program;
b. Construct an award schedule that is based on remaining need and the combination of federal and state grant aid; and
c. Include a minimum award amount for the neediest VGAP-eligible student.
B. The following award amount restrictions apply to awards:
1. An award under the program, when combined with other gift assistance applied to the student's institutional account, shall not exceed the student's financial need. For purposes of the over financial need calculation, only the tuition and fee portion of veterans education benefits and national service education awards or post-service benefits (e.g., AmeriCorps) shall be included.
2. An undergraduate Commonwealth Award, when combined with tuition-only assistance such as a tuition waiver, tuition scholarship or grant, or employer tuition reimbursement, shall not exceed the student's actual charges for tuition and required fees; a VGAP award, when combined with tuition-only assistance such as a tuition waiver, tuition scholarship or grant, or employer tuition reimbursement, shall not exceed the student's actual charges for tuition, required fees, and standard book allowance.
8VAC40-131-60. Summer session awards.
Institutions may elect to award during summer sessions; however, an award made to assist a student in attending an institution's summer session shall be prorated according to the size of comparable awards for students with similar financial needs made in that institution's regular session.
8VAC40-131-70. Refund of awards.
A student who receives an award and who, during a term, withdraws from the institution that made the award must surrender the balance of the award. In determining the earned portion of the award that the student may retain, the institution shall apply the percentage of earned aid resulting from the federal Return to Title IV formula to the student's award amount.
Article 2
Commonwealth Awards
8VAC40-131-80. Undergraduate eligibility criteria for an initial award.
In order to participate, an undergraduate student shall:
1. Be enrolled for at least half-time study as of the term's census date;
2. Be a domiciliary resident of Virginia;
3. Be a United States citizen or eligible noncitizen as described in § 23-7.4 of the Code of Virginia and augmented by the Domicile Guidelines;
4. Demonstrate financial need for federal Title IV financial aid purposes; and
5. Have complied with federal selective service registration requirements, unless the following apply:
a. The requirement to register has terminated or become inapplicable to the student; and
b. The student shows by preponderance of the evidence that failure to register was not a knowing and willful failure to register.
8VAC40-131-90. Renewability of awards.
Awards may be renewed provided that the student:
1. Maintains satisfactory academic progress; and
2. Continues to meet all of the requirements of 8VAC40-131-80.
8VAC40-131-100. Enrollment at multiple institutions and in study abroad programs.
A. A student enrolled concurrently at multiple institutions may receive an award if:
1. The home institution is a VSFAP participating institution;
2. A formal consortium agreement is in place; and
3. The student's combined enrollment is at least half time.
B. A student enrolled in a study abroad program may receive an award if:
1. The student is enrolled for at least half-time study;
2. The student remains on record as a student in an approved program at the home institution for the term in which the award is received;
3. The program funds are disbursed through the home institution; and
4. The study abroad program is a formal agreement arranged by the institution.
Article 3
Virginia Guaranteed Assistance Program Awards
8VAC40-131-110. VGAP eligibility criteria for an initial award.
In order to participate, an undergraduate student shall:
1. Be enrolled for full-time study as of the term's census date. Exceptions to the full-time study requirement due to documented disability or other documented medical reasons, as applicable under the federal Americans with Disabilities Act, 42 USC § 12101 et seq., will be considered on a case-by-case basis by the institution; supporting documentation must include a physician's note specifying the full-time equivalent for the student. Such students shall receive an adjusted award amount determined according to the institution's awarding policies;
2. Be a domiciliary resident of Virginia;
3. Be a United States citizen or eligible noncitizen as described in § 23-7.4 of the Code of Virginia and augmented by the Domicile Guidelines;
4. Demonstrate financial need for federal Title IV financial aid purposes;
5. Be a graduate from a Virginia high school; students obtaining a General Educational Development (GED) certificate are not eligible. Exceptions are granted for students who:
a. Are dependent children of active-duty military personnel residing outside the Commonwealth of Virginia pursuant to military orders and claiming Virginia on their State of Legal Residence Certificate and satisfying the domicile requirements for such active duty military personnel pursuant to subsection B of § 23-7.4 of the Code of Virginia;
b. Have completed a program of home school instruction in accordance with § 22.1-254.1 of the Code of Virginia; or
c. Have been excused from school attendance pursuant to subsection B of § 22.1-254 of the Code of Virginia.
6. For a high school graduate, have at least a cumulative 2.5 grade point average (GPA) on a 4.0 scale, or its equivalent, at the time of admission to the institution or according to the latest available high school transcript. In the absence of a high school transcript indicating the grade point average, the institution must have on file a letter from the student's high school certifying the student's high school GPA;
7. For a student meeting the high school graduate exception in subdivision 5 b or 5 c of this subsection, have earned SAT math and verbal combined scores of 900 or above or have earned ACT composite scores of 19 or above;
8. Be classified as a dependent student for federal financial aid purposes; and
9. Have complied with federal selective service registration requirements, unless the following apply:
a. The requirement to register has terminated or become inapplicable to the student; and
b. The student shows by preponderance of the evidence that failure to register was not a knowing and willful failure to register.
8VAC40-131-120. Renewability of awards.
A. Awards for students attending two-year colleges may be renewed for one award year while awards for students attending four-year colleges may be renewed for three award years. Students shall be limited to a cumulative total of four award years of eligibility.
Awards may be renewed annually provided that the undergraduate student:
1. Continues to be enrolled for full-time study as of the term's census date;
2. Maintains domiciliary residency in Virginia;
3. Continues to be a United States citizen or eligible noncitizen as described in § 23-7.4 of the Code of Virginia and augmented by the Domicile Guidelines;
4. Demonstrates continued financial need for federal Title IV financial aid purposes;
5. Maintains at least a 2.0 grade point average on a 4.0 scale, or its equivalent;
6. Maintains satisfactory academic progress;
7. Maintains continuous enrollment from the time of receipt of the initial award unless granted an exception for cause by the council.
a. Continuous enrollment shall be recognized as enrollment for full-time study in each academic period; lack of enrollment in the summer session or other special sessions offered by the institution does not disqualify the student.
b. A student participating in a cooperative education program or internship that is part of his academic program and a student whose college education is interrupted by a call to military service shall be deemed to have maintained continuous enrollment if he reenrolls no later than the following fall semester after completion of such employment or military service; and
8. Has complied with federal selective service registration requirements, unless the following apply:
a. The requirement to register has terminated or become inapplicable to the student; and
b. The student shows by preponderance of the evidence that failure to register was not a knowing and willful failure to register.
B. VGAP renewal awards are subject to the following special considerations:
1. Students who transfer to an institution shall be considered renewal students if they received or were eligible for an award during the prior academic period provided they meet renewal criteria.
2. Students who do not initially receive a VGAP award may be considered for renewal awards provided that they meet initial eligibility criteria and continue to meet renewal criteria. Once a student loses his classification as VGAP-eligible, the student cannot reestablish such eligibility. However, the student may qualify for a Commonwealth Award the following term.
8VAC40-131-130. Enrollment at multiple institutions and in study abroad programs.
A. A student enrolled concurrently at multiple institutions may receive an award if:
1. The home institution is a VSFAP participating institution;
2. A formal consortium agreement is in place; and
3. The student's combined enrollment meets full-time study requirements.
B. A student enrolled in a study abroad program may receive an award if:
1. The student is enrolled for full-time study;
2. The student remains on record as a student in an approved program at the home institution for the term in which the award is received;
3. The program funds are disbursed through the home institution; and
4. The study abroad program is a formal agreement arranged by the institution.
Part IV
Graduate Financial Assistance
8VAC40-131-140. Graduate eligibility criteria for an initial award.
A. In order to receive a Commonwealth Award, the graduate student must be enrolled for full-time study as of the term's census date.
B. An individual award may be based on financial need but may, in addition to or instead of, be based on other criteria determined by the institution making the award.
8VAC40-131-150. Amount of awards.
The amount of an award shall be determined by the institution making the award; however, the institution shall annually notify the council of the maximum size of a graduate award that is paid from funds in the appropriation.
8VAC40-131-160. Renewability of awards.
Awards may be renewed provided that the graduate student:
1. Maintains satisfactory academic progress; and
2. Continues to be enrolled for full-time study.
8VAC40-131-170. Enrollment at multiple institutions and in study abroad programs.
A. A student enrolled concurrently at multiple institutions may receive an award if:
1. The home institution is a VSFAP participating institution;
2. A formal consortium agreement is in place; and
3. The student's combined enrollment meets full-time study requirements.
B. A student enrolled in a study abroad program may receive an award if:
1. The student is enrolled for full-time study;
2. The student remains on record as a student in an approved program at the home institution for the term in which the award is received;
3. The program funds are disbursed through the home institution; and
4. The study abroad program is a formal agreement arranged by the institution.
Part V
Administration
8VAC40-131-180. Responsibility of the council.
The council shall collect such student specific information for both graduate and undergraduate students as is necessary for the operation of the program and other information deemed necessary by the council.
8VAC40-131-190. Responsibility of institutions.
Institutions shall:
1. Provide reports to the council that will include, but not be limited to, information describing the students served, the awards received, and the number and value of awards. Each institution shall annually report to the council its definition of "neediest" students;
2. Maintain documentation necessary to demonstrate that students' awards calculated during the same packaging cycle used the same award schedule;
3. Provide the council with the initial award schedule or formula that will be used to package on-time applications when submitting an annual report; and
4. Upon request by a student transferring to another institution, send to the other institution information about the student's VGAP eligibility.
8VAC40-131-200. Program reviews.
The council periodically will review institutional administrative practices to determine institutional program compliance with the Appropriation Act, the Code of Virginia, and this chapter. If a review determines that an institution has failed to comply with the Appropriation Act, the Code of Virginia, and this chapter, the council may withhold approval of expenditure plans for the program until the end of the next session of the General Assembly. No attempt to determine compliance with the Appropriation Act, Code of Virginia, and this chapter should be solely based on information from the financial aid data file submitted annually by institutions.
Part VI
Discontinued Student Loan Program
8VAC40-131-210. Terms and conditions of the loans.
An institution with a loan program established from previous general fund appropriations may continue the loan program, under such terms and rules as the governing board of the institution may prescribe, but shall not expand the loan program with currently appropriated funds. The loan program shall meet the following requirements:
1. In any one award year no student shall receive a loan or loans from the fund of an institution that would result in that student owing a net outstanding amount at the end of that award year in excess of the tuition and required fees charged by the institution;
2. The annual interest rate charged on loans to students from a fund shall be 3.0%;
3. An institution shall make every effort to collect each loan made from its student loan fund using the provisions of the Virginia Debt Collection Act (§ 2.2-4800 et seq. of the Code of Virginia); and
4. The Auditor of Public Accounts shall at least biennially audit and exhibit the account of student loan funds at each institution.
8VAC40-131-220. Eligibility criteria.
In order to be eligible for the student loan program, a student shall meet the criteria of 8VAC40-131-80, 8VAC40-131-90, 8VAC40-131-110, 8VAC40-131-120, 8VAC40-131-140, and 8VAC40-131-160.
8VAC40-131-230. Discontinuing student loan programs.
A. If any federal student loan program for which the institutional contribution was appropriated by the General Assembly is discontinued, the institutional share of the discontinued loan program shall be repaid to the fund from which the institutional share was derived unless other arrangements are recommended by the council and approved by the Department of Planning and Budget. Should the institution be permitted to retain the federal contributions to the program, the funds shall be used according to arrangements authorized by the council and approved by the Department of Planning and Budget.
B. An institution may discontinue its student loan program established pursuant to Chapter 4.01 (§ 23-38.10:2 et seq.) of Title 23 of the Code of Virginia. The full amount of cash in the discontinued loan fund shall be paid into the state treasury into a nonrevertible nongeneral fund account. Prior to such payment, the State Comptroller shall verify its accuracy, including the fact that the cash held by the institution in the loan fund will be fully depleted by such payment. The loan fund shall not be reestablished for that institution.
C. The cash paid into the state treasury shall be used only for awards to undergraduate students in the Virginia Student Financial Assistance Program according to arrangements authorized by the council and approved by the Department of Planning and Budget. Payments of any promissory notes held by the discontinued loan fund shall continue to be received by the institution and deposited to the nonrevertible nongeneral fund account and to be used for the VGAP awards and undergraduate Commonwealth Awards.
DOCUMENTS INCORPORATED BY REFERENCE (8VAC40-131)
Department of Accounts/State Council of Higher Education for Virginia, Charts of Accounts for Virginia State-Supported Colleges and Universities, July 1, 1990
State Council of Higher Education for Virginia (SCHEV), Domicile Guidelines, October 15, 2009
SCHEV, Domicile Guidelines, Addendum A, Descriptions and Domicile Eligibility Status for Various Categories of Aliens, January 12, 2010
SCHEV, Domicile Guidelines, Addendum B, Common Forms & Definitions, October 15, 2009
VA.R. Doc. No. R15-4266; Filed April 13, 2015, 12:07 p.m.
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Proposed Regulation
REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 8 of the Code of Virginia, which exempts general permits issued by the State Water Control Board pursuant to the State Water Control Law (§ 62.1-44.2 et seq.), Chapter 24 (§ 62.1-242 et seq.) of Title 62.1, and Chapter 25 (§ 62.1-254 et seq.) of Title 62.1 if the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of § 2.2-4007.01; (ii) following the passage of 30 days from the publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stakeholders, including potentially affected citizens groups, to assist in the development of the general permit; (iii) provides notice and receives oral and written comment as provided in § 2.2-4007.03; and (iv) conducts at least one public hearing on the proposed general permit.
Title of Regulation: 9VAC25-115. General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Seafood Processing Facilities (amending 9VAC25-115-10 through 9VAC25-115-50; adding 9VAC25-115-15).
Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and 124.
Public Hearing Information:
June 11, 2015 - 3 p.m. - Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060.
Public Comment Deadline: July 6, 2015.
Agency Contact: Elleanore Daub, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4111, FAX (804) 698-4032, TTY (804) 698-4021, or email elleanore.daub@deq.virginia.gov.
Summary
The proposed changes amend and reissue the existing Virginia Pollutant Discharge Elimination System (VPDES) general permit, which expires on July 23, 2016, for another five-year term. The general permit contains limitations and monitoring requirements for point source discharges from seafood processing facilities. As with an individual VPDES permit, the effluent limits in the general permit are set to protect the quality of the waters receiving the discharges. The general permit is reissued to continue making it available after July 23, 2016.
The proposed amendments update and clarify definitions, effective dates, authorization and registration statement requirements, stormwater pollution prevention plans, and certain conditions applicable to all permits, general permit limits, and general permit special conditions.
9VAC25-115-10. Definitions.
The words and terms used in this chapter shall have the meanings defined in the State Water Control Law, Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia and the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation (9VAC25-31) unless the context clearly indicates otherwise. Additionally, for the purposes of this chapter:
"Industrial activity" means the facilities classified under SIC Code 2091 or 2092.
"Seafood processing facility" means any facility classified under SIC Code 2091, 2092, 5142, or 5146, which processes or handles seafood intended for human consumption or as bait, except a mechanized clam facility. Seafood includes but is not limited to crabs, oysters, hand-shucked clams, scallops, squid, eels, turtles, fish, conchs and crayfish.
"SIC" means the Standard Industrial Classification Code or Industrial Grouping from the U.S. Office of Management and Budget Standard Industrial Classification Manual, 1987 edition.
"Significant materials" includes, but is not limited to, raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production (except oyster, clam or scallop shells); hazardous substances designated under § 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USC § 9601); any chemical the facility is required to report pursuant to § 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (42 USC § 11023); fertilizers; pesticides; and waste products such as ashes, slag, and sludge that have the potential to be released with storm water stormwater discharges.
"Storm water" means storm water runoff, snow melt runoff, and surface runoff and drainage.
"Storm water Stormwater discharge associated with industrial activity" means the discharge from any conveyance that is used for collecting and conveying storm water stormwater and that is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the VPDES program under 9VAC25-31-10 et seq. For the categories of industries identified in the "industrial activity" definition, the term includes, but is not limited to, storm water stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or byproducts (except for oyster, clam or scallop shells) used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage area (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water stormwater. For the purposes of this paragraph, material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, byproduct, or waste product (except for oyster, clam or scallop shells). The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots, as long as the drainage from the excluded areas is not mixed with storm water stormwater drained from the above described areas.
"Total maximum daily load" or "TMDL" means a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs) for point source discharges, and load allocations (LAs) for nonpoint sources or natural background, or both, and must include a margin of safety (MOS) and account for seasonal variations.
9VAC25-115-15. Applicability of incorporated references based on the dates that they became effective.
Except as noted, when a regulation of the U.S. Environmental Protection Agency set forth in Title 40 of the Code of Federal Regulations is referenced or adopted in this chapter and incorporated by reference, that regulation shall be as it exists and has been published as of July 1, 2014.
9VAC25-115-20. Purpose; delegation of authority; effective date of permit.
A. This general permit regulation governs the discharge of wastewater from seafood processing facilities and storm water stormwater associated with industrial activity from seafood processing facilities classified as SIC Code 2091 and 2092.
B. The director, or an authorized representative, may perform any act of the board provided under this regulation, except as limited by § 62.1-44.14 of the Code of Virginia.
C. This general permit will become effective on July 24, 2011 July 24, 2016, and will expire on July 23, 2016 July 23, 2021. For any covered owner, this general permit is effective upon compliance with all the provisions of 9VAC25-115-30.
9VAC25-115-30. Authorization to discharge.
A. Any owner governed by this general permit is hereby authorized to discharge process wastewater and stormwater as described in 9VAC25-115-20 A to surface waters of the Commonwealth of Virginia provided that the owner files a registration statement in accordance with 9VAC25-115-40 that is accepted by the board, submits the required permit fee, complies with the effluent limitations and other requirements of 9VAC25-115-50, and provided that the owner has not been notified by the board that authorization is denied in accordance with subsection B of this section.:
1. The owner files a registration statement, in accordance with 9VAC25-115-40, and that registration statement is accepted by the board;
2. The owner submits the required permit fee;
3. The owner complies with the applicable effluent limitations and other requirements of 9VAC25-115-50; and
4. The owner has not been notified by the board that the discharge is not eligible for coverage under this permit in accordance with subsection B of this section.
B. The board will notify an owner of denial of authorization that the discharge is not eligible for coverage under this permit in the event of any of the following:
1. The owner is required to obtain an individual permit in accordance with 9VAC25-31-170 B 3 of the VPDES Permit Regulation;
2. The owner is proposing to discharge to state waters specifically named in other board regulations that prohibit such discharges;
3. The owner is proposing to discharge annual mass loadings of total nitrogen in excess of 2,300 pounds per year or of total phosphorus in excess of 300 pounds per year;
4. The discharge would violate the antidegradation policy stated in 9VAC25-260-30 of the Virginia Water Quality Standards; or
5. A TMDL (board adopted and EPA approved or EPA imposed) contains a WLA for the facility, unless this general permit specifically addresses the TMDL pollutant of concern and the permit limits are at least as stringent as those required by the TMDL WLA The discharge is not consistent with the assumptions and requirements of an approved TMDL.
C. Compliance with this general permit constitutes compliance, for purposes of enforcement, with the federal Clean Water Act, §§ 301, 302, 306, 307, 318, 403, and 405 (a) through (b) and the State Water Control Law, and applicable regulations under either, with the exceptions stated in 9VAC25-31-60 of the VPDES Permit Regulation. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any other applicable federal, state or local statute, ordinance or regulation.
D. Continuation of permit coverage.
1. Any owner that was authorized to discharge under the seafood processing facilities general permit issued in 2006 2011, and who submits a complete registration statement on or before July 23, 2011 July 23, 2016, is authorized to continue to discharge under the terms of the 2006 2011 general permit until such time as the board either:
a. Issues coverage to the owner under this general permit; or
b. Notifies the owner that the discharge is not eligible for coverage under this general permit is denied.
2. When the owner that was covered under the expiring or expired general permit has violated or is violating the conditions of that permit, the board may choose to do any or all of the following:
a. Initiate enforcement action based upon the 2011 general permit that has been continued;
b. Issue a notice of intent to deny coverage under the amended reissued general permit. If the general permit coverage is denied, the owner would then be required to cease the activities discharges authorized by coverage under the 2011 continued general permit or be subject to enforcement action for operating discharging without a permit;
c. Issue an individual permit with appropriate conditions; or
d. Take other actions authorized by the VPDES permit Permit Regulation (9VAC25-31).
9VAC25-115-40. Registration statement.
A. Deadlines for submitting registration statement. The Any owner seeking coverage under this general permit shall submit a complete general VPDES permit registration statement in accordance with this chapter, which shall serve as a notice of intent for coverage under the general VPDES permit for seafood processors processing facilities.
1. New facilities. Any owner proposing a new discharge shall submit a complete registration statement to the board at least 30 days prior to the date planned for commencing operation commencement of the treatment works discharge.
2. Existing facilities.
a. Any owner of an existing seafood processing facility covered by an individual VPDES permit who that is proposing to be covered by this general permit shall submit a complete registration statement at least 210 240 days prior to the expiration date of the individual VPDES permit.
b. Any owner that was authorized to discharge under the general VPDES permit for seafood processing facilities that became effective on July 24, 2006 July 24, 2011, and who that intends to continue coverage under this general permit shall submit a complete registration statement to the board prior to June 24, 2011 on or before June 24, 2016.
c. Any owner of an existing seafood processing facility adding a new process after coverage under the general permit is obtained shall submit an amended registration statement to the board at least 30 days prior to commencing operation of the new process.
3. Late registration statements. Registration statements for existing facilities covered under subdivision 2 b of this subsection will be accepted after July 23, 2016 but authorization to discharge will not be retroactive. Owners described in subdivision 2 b of this subsection that submit registration statements after June 24, 2016, are authorized to discharge under the provisions of 9VAC25-115-30 D if a complete registration statement is submitted before July 24, 2016.
B. The registration statement shall contain the following information:
1. Facility name, owner name, mailing address, email address (where available), and telephone number;
2. Facility street address (if different from mailing address);
3. Facility operator name, mailing address, email address, and telephone number if different than owner;
4. Does the facility discharge to surface waters? Name of receiving stream or streams if yes and, if no, describe the discharge or discharges;
5. Does the facility have a current VPDES Permit? Permit Number Include the permit number if yes;
6. The original date of construction of the seafood processing facility building and dates and description of all subsequent facility construction;
7. A USGS U.S. Geological Survey (USGS) 7.5 minute topographic map or other equivalent computer generated map showing with sufficient resolution to clearly show the facility location, the discharge location or locations, and the receiving water body;
8. Facility SIC Code(s) code or codes;
9. Nature of business at the facility;
10. Discharge outfall information including seafood process, receiving stream, discharge flow, and days per year of discharge for each outfall;
11. Facility maximum production information;
12. Facility line (water balance) drawing;
13. Discharge and outfall descriptions for different seafood processes that operate simultaneously;
14. Treatment and solid waste disposal information;
15. Information on use of chemicals at the facility; and
16. The following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."
The registration statement shall be signed in accordance with 9VAC25-31-110 of the VPDES Permit Regulation.
C. The registration statement may be delivered to the department by either postal or electronic mail and shall be submitted to the DEQ regional office serving the area where the seafood processing facility is located.
9VAC25-115-50. General permit.
Any owner whose registration statement is accepted by the director will receive the following permit and board shall comply with the requirements therein of the general permit and be subject to all requirements of the VPDES Permit Regulation, 9VAC25-31 9VAC25-31-170 of the VPDES Permit Regulation.
General Permit No.: VAG52
Effective Date: July 24, 2011 July 24, 2016
Expiration Date: July 23, 2016 July 23, 2021
GENERAL PERMIT FOR SEAFOOD PROCESSING FACILITY FACILITIES
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW
In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the State Water Control Law and regulations adopted pursuant to it, owners of seafood processing facilities, other than mechanized clam processing facilities, are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those specifically named in board regulations that prohibit such discharges.
The authorized discharge shall be in accordance with this cover page, Part I-Effluent Limitations and Monitoring Requirements, Part II-Storm Water Part II-Stormwater Pollution Prevention Plans, and Part III-Conditions Applicable to All VPDES Permits, as set forth herein in this general permit.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—SEAFOOD REQUIREMENTS
1. SEAFOOD PROCESSING NOT LIMITED ELSEWHERE IN PART I. A.— SIC 2091, 2092, 5142 AND 5146 SOURCES EXCEPT MECHANIZED CLAM FACILITIES
1. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from seafood processing not otherwise classified from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/YEAR | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/YEAR | Grab |
| TSS | NL | NL | NA | NA | NA | 1/YEAR | Composite |
| Oil and Grease | NL | NL | NA | NA | NA | 1/YEAR | Grab |
| Production | NA | NL | NA | NA | NA | 1/YEAR | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by the end of the calendar year and reported by the 10th of January of the following calendar year on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—CONVENTIONAL REQUIREMENTS
2. CONVENTIONAL (HANDPICKED) BLUE CRAB PROCESSING—EXISTING SOURCES PROCESSING MORE THAN 3,000 LBS POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
2. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from conventional blue crab processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 0.74 | 2.2 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.20 | 0.60 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—CONVENTIONAL REQUIREMENTS
3. CONVENTIONAL (HANDPICKED) BLUE CRAB PROCESSING—ALL NEW SOURCES
3. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from conventional blue crab processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 0.15 | 0.30 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 0.45 | 0.90 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.065 | 0.13 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—MECHANIZED REQUIREMENTS
4. MECHANIZED BLUE CRAB PROCESSING—ALL EXISTING SOURCES
4. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized blue crab processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 12 | 36 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 4.2 | 13 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—MECHANIZED REQUIREMENTS
5. MECHANIZED BLUE CRAB PROCESSING—ALL NEW SOURCES
5. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized blue crab processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 2.5 | 5.0 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 6.3 | 13 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 1.3 | 2.6 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—NONBREADED REQUIREMENTS
6. NON-BREADED SHRIMP PROCESSING—EXISTING SOURCES PROCESSING MORE THAN 2,000 LBS POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
6. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from non-breaded shrimp processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 38 | 110 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 12 | 36 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—NONBREADED REQUIREMENTS
7. NON-BREADED SHRIMP PROCESSING—ALL NEW SOURCES
7. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from nonbreaded non-breaded shrimp processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 25 | 63 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 10 | 25 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 1.6 | 4.0 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—BREADED REQUIREMENTS
8. BREADED SHRIMP PROCESSING—EXISTING SOURCES PROCESSING MORE THAN 2,000 LBS POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
8. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from breaded shrimp processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 93 | 280 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 12 | 36 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—BREADED REQUIREMENTS
9. BREADED SHRIMP PROCESSING—ALL NEW SOURCES
9. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from breaded shrimp processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 40 | 100 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 22 | 55 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 1.5 | 3.8 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—TUNA REQUIREMENTS
10. TUNA PROCESSING—ALL EXISTING SOURCES
10. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from tuna processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 3.3 | 8.3 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.84 | 2.1 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—TUNA REQUIREMENTS
11. TUNA PROCESSING—ALL NEW SOURCES
11. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from tuna processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 8.1 | 20 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 3.0 | 7.5 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.76 | 1.9 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—CONVENTIONAL REQUIREMENTS
12. CONVENTIONAL BOTTOM FISH PROCESSING—EXISTING SOURCES PROCESSING MORE THAN 4,000 LBS POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
12. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from conventional bottom fish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 2.0 | 3.6 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.55 | 1.0 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—CONVENTIONAL REQUIREMENTS
13. CONVENTIONAL BOTTOM FISH PROCESSING—ALL NEW SOURCES
13. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from conventional bottom fish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 0.71 | 1.2 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 0.73 | 1.5 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.042 | 0.077 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—MECHANIZED REQUIREMENTS
14. MECHANIZED BOTTOM FISH PROCESSING—ALL EXISTING SOURCES
14. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized bottom fish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 12 | 22 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 3.9 | 9.9 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—MECHANIZED REQUIREMENTS
15. MECHANIZED BOTTOM FISH PROCESSING—ALL NEW SOURCES
15. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized bottom fish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 7.5 | 13 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 2.9 | 5.3 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.47 | 1.2 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HAND-SHUCKED REQUIREMENTS
16. HAND-SHUCKED CLAM PROCESSING—EXISTING SOURCES WHICH PROCESS PROCESSING MORE THAN 4,000 LBS POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
16. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked clam processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 18 | 59 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.23 | 0.60 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HAND-SHUCKED REQUIREMENTS
17. HAND-SHUCKED CLAM PROCESSING—ALL NEW SOURCES
17. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked clam processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 17 | 55 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.21 | 0.56 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HAND-SHUCKED REQUIREMENTS
18. HAND-SHUCKED OYSTER PROCESSING—EXISTING SOURCES WHICH PROCESS PROCESSING MORE THAN 1,000 LBS POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
18. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked oyster processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 16 | 23 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.77 | 1.1 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Raw material = The weight of oyster meat after shucking.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HAND-SHUCKED REQUIREMENTS
19. HAND-SHUCKED OYSTER PROCESSING—ALL NEW SOURCES
19. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked oyster processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 16 | 23 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.77 | 1.1 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—STEAMED REQUIREMENTS
20. STEAMED AND CANNED OYSTER PROCESSING—ALL EXISTING SOURCES
20. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized oyster processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 190 | 270 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 1.7 | 2.3 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—STEAMED REQUIREMENTS
21. STEAMED AND CANNED OYSTER PROCESSING—ALL NEW SOURCES
21. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized oyster processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 17 | 67 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 39 | 56 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.42 | 0.84 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—SCALLOP REQUIREMENTS
22. SCALLOP PROCESSING—ALL EXISTING SOURCES
22. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from scallop processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 1.4 | 5.7 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.23 | 7.3 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—SCALLOP REQUIREMENTS
23. SCALLOP PROCESSING—ALL NEW SOURCES
23. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from scallop processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 1.4 | 5.7 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.23 | 7.3 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—FARM-RAISED REQUIREMENTS
24. FARM-RAISED CATFISH PROCESSING—EXISTING SOURCES WHICH PROCESS PROCESSING MORE THAN 3,000 LBS POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
24. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from farm-raised catfish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 9.2 | 28 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 3.4 | 10 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—FARM-RAISED REQUIREMENTS
25. FARM-RAISED CATFISH PROCESSING—ALL NEW SOURCES
25. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from farm-raised catfish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 2.3 | 4.6 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 5.7 | 11 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.45 | 0.90 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HERRING REQUIREMENTS
26. HERRING PROCESSING—ALL EXISTING SOURCES
26. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from herring processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 24 | 32 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 10 | 27 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HERRING REQUIREMENTS
27. HERRING PROCESSING—ALL NEW SOURCES
27. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from herring processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 15 | 16 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 5.2 | 7.0 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 1.1 | 2.9 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
B. Special conditions SPECIAL CONDITIONS APPLYING TO PART I A 1 THROUGH PART I A 27.
1. No sewage shall be discharged from a point source to surface waters at this facility except under the provisions of another VPDES permit specifically issued for that purpose.
2. There shall be no chemicals added to the water or waste to be discharged, other than those listed on the owner's accepted registration statement.
3. Wastewater should be reused or recycled to the maximum extent practicable.
4. The permittee shall comply with the following solids management plan:
a. There shall be no discharge of floating solids or visible foam in other than trace amounts.
b. All floors, machinery, conveyor belts, dock areas, etc. shall be dry swept or dry brushed prior to washdown.
c. All settling basins shall be cleaned frequently in order to achieve effective settling.
d. All solids resulting from the seafood processes covered under this general permit, other than oyster, clam or scallop shells, shall be handled, stored and disposed of so as to prevent a discharge to state waters of such solids or industrial wastes or other wastes from those solids.
e. The permittee shall install and properly maintain wastewater treatment necessary in order to remove organic solids present in the wastewater that may settle and accumulate on the substrate of the receiving waters in other than trace amounts.
f. All employees shall receive training relative to preventive measures to be taken to control the release of solids from the facility into surface waters.
5. Production to be reported and used in calculating effluent discharge levels in terms of kg/kkg shall be the weight in kilograms of raw material processed, in the form in which it is received at the processing plant, on the day of effluent sampling, except for the hand-shucked oyster, steamed and canned oyster, and scallop processing subcategories, for which production shall mean the weight of oyster or scallop meat after processing. The effluent levels in terms of kg/kkg shall be calculated by dividing the measured pollutant load in kg/day by the production level in kkg (thousands of kilograms).
6. The permittee shall notify the department as soon as they know or have reason to believe:
a. That any activity has occurred or will occur that would result in the discharge on a routine or frequent basis of any toxic pollutant that is not limited in the permit, if that discharge will exceed the highest of the following notification levels:
(1) One hundred micrograms per liter (100 μg/l) of the toxic pollutant;
(2) Two hundred micrograms per liter (200 μg/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 μg/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/l) for antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application; or
(4) The level established by the board.
b. That any activity has occurred or will occur that would result in any discharge on a nonroutine or infrequent basis of a toxic pollutant that is not limited in the permit if that discharge will exceed the highest of the following notification levels:
(1) Five hundred micrograms per liter (500 μg/l) of the toxic pollutant;
(2) One milligram per liter (1 mg/l) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application; or
(4) The level established by the board.
7. Compliance reporting and recordkeeping under Part I A.
a. The quantification levels (QL) shall be less than or equal to the following concentrations:
| Effluent Parameter | Quantification Level |
| BOD | 2.0 2 mg/l
|
| TSS | 1.0 mg/l |
| Oil and Grease | 5.0 mg/l |
The QL is defined as the lowest concentration used to calibrate a measurement system in accordance with the procedures published for the test method.
b. Recording results. Any concentration below the QL used in the analysis shall be recorded as < "QL" "<QL" if it is less than the QL used in the analysis (the QL must be less than or equal to the QL in subdivision 7 a of this subdivision subsection. Otherwise the numerical value shall be recorded.
c. Monitoring results shall be recorded using the same number of significant digits as listed in the permit. Regardless of the rounding conventions used by the permittee (e.g., 5 five always rounding up or to the nearest even number), the permittee shall use the convention consistently, and shall ensure that consulting laboratories employed by the permittee use the same convention.
8. The discharges authorized by this permit shall be controlled as necessary to meet water quality standards in 9VAC25-260.
9. If a new process is added after coverage under the general permit is obtained, an amended registration statement must be submitted at least 30 days prior to commencing operation of the new process.
10. Notice of termination.
a. The owner may terminate coverage under this general permit by filing a complete notice of termination. The notice of termination may be filed after one or more of the following conditions have been met:
(1) Operations have ceased at the facility and there are no longer discharges of process wastewater or stormwater associated with the industrial activity;
(2) A new owner has assumed responsibility for the facility. A notice of termination does not have to be submitted if a VPDES Change of Ownership Agreement Form has been submitted;
(3) All discharges associated with this facility have been covered by an individual VPDES permit or an alternative VPDES permit; or
(4) Termination of coverage is being requested for another reason, provided the board agrees that coverage under this general permit is no longer needed.
b. The notice of termination shall contain the following information:
(1) Owner's name, mailing address, telephone number, and email address (if available);
(2) Facility name and location;
(3) VPDES general permit registration number for the facility; and
(4) The basis for submitting the notice of termination, including:
(a) A statement indicating that a new owner has assumed responsibility for the facility;
(b) A statement indicating that operations have ceased at the facility, and there are no longer discharges from the facility;
(c) A statement indicating that all discharges have been covered by an individual VPDES permit or an alternative VPDES permit; or
(d) A statement indicating that termination of coverage is being requested for another reason (state the reason).
(5) The following certification: "I certify under penalty of law that all wastewater and stormwater discharges from the identified facility that are authorized by this VPDES general permit have been eliminated, or covered under a VPDES individual or alternative permit, or that I am no longer the owner of the facility, or permit coverage should be terminated for another reason listed above. I understand that by submitting this notice of termination, that I am no longer authorized to discharge seafood processing wastewater or, for facilities classified as SIC Code 2091 or 2092, stormwater associated with industrial activity in accordance with the general permit, and that discharging pollutants to surface waters is unlawful where the discharge is not authorized by a VPDES permit. I also understand that the submittal of this notice of termination does not release an owner from liability for any violations of this permit or the Clean Water Act."
C. The notice of termination shall be submitted to the department and signed in accordance with Part III K.
Part II
Storm Water Stormwater Pollution Prevention Plans
A storm water stormwater pollution prevention plan (SWPPP) shall be developed for each facility covered by this permit, which has storm water stormwater discharges associated with industrial activity and is classified under SIC Code 2091 or 2092.
The SWPPP shall be prepared in accordance with good engineering practices and shall identify potential sources of pollution that may reasonably be expected to affect the quality of storm water stormwater discharges from the facility. In addition, the plan shall describe and ensure the implementation of practices that will be used to reduce the pollutants in storm water stormwater discharges from the facility, and shall assure compliance with the terms and conditions of this permit. Permittees must implement the provisions of the SWPPP as a condition of this permit.
The SWPPP requirements of this general permit may be fulfilled by incorporating by reference other plans or documents such as an erosion and sediment control (ESC) plan, a spill prevention control and countermeasure (SPCC) plan developed for the facility under § 311 of the Clean Water Act or best management practices (BMP) programs otherwise required for the facility provided that the incorporated plan meets or exceeds the plan requirements of this section. If an ESC plan is being incorporated by reference, it shall have been approved by the locality in which the activity is to occur or by another appropriate plan approving authority authorized under the Erosion and Sediment Control Regulations, 4VAC50-30 9VAC25-840. All plans incorporated by reference into the SWPPP become enforceable under this permit.
A. Deadlines for plan preparation and compliance.
1. Facilities that were covered under the 2006 2011 Seafood Processing Facilities General Permit. Owners of facilities that were covered under the 2006 2011 Seafood Processing Facilities General Permit who are continuing coverage under this general permit shall update and implement any revisions to the SWPPP not later than December 30, 2011 required by this Part within 60 days of the board granting coverage under this permit.
2. New facilities, facilities previously covered by an expiring individual permit, and existing facilities not currently covered by a VPDES permit. Owners of new facilities, facilities previously covered by an expiring individual permit, and existing facilities not currently covered by a VPDES permit who that elect to be covered under this general permit must prepare and implement the SWPPP prior to submitting the registration statement within 60 days of the board granting coverage under this permit.
3. New owners of existing facilities. Where the owner of an existing facility that is covered by this permit changes, the new owner of the facility must update and implement any revisions to the SWPPP within 60 days of the transfer of title of the facility.
4. Extensions. Upon a showing of good cause, the director may establish a later date in writing for the preparation of and compliance with the SWPPP.
B. Contents of the plan SWPPP. The plan SWPPP shall include, at a minimum, the following items:
1. Pollution prevention team. The plan SWPPP shall identify the staff individuals by name or title that who comprise the facility's storm water stormwater pollution prevention team. The pollution prevention team is responsible for assisting the facility or plant manager in developing, implementing, maintaining, revising, and maintaining compliance with the facility's SWPPP. Specific responsibilities of each staff individual on the team shall be identified and listed.
2. Site description. The SWPPP shall include the following:
a. Activities at the facility. A description of the nature of the industrial activities at the facility.
b. General location map. A general location map (e.g., USGS quadrangle or other map) with enough detail to identify the location of the facility and the receiving waters within one mile of the facility.
c. Site map. A site map identifying the following:
(1) The size of the property (in acres);
(2) The location and extent of significant structures and impervious surfaces (roofs, paved areas, and any other impervious areas);
(3) Locations of all storm water stormwater conveyances including ditches, pipes, swales, and inlets, and the directions of storm water stormwater flow (e.g., use arrows to show which ways storm water stormwater will flow);
(4) Locations of all existing structural and source control BMPs;
(5) Locations of all surface water bodies, including wetlands;
(6) Locations of identified potential pollutant sources;
(7) Locations where significant spills or leaks have occurred;
(8) Locations of the following activities where such activities are exposed to precipitation: fueling stations; vehicle and equipment maintenance and/or or cleaning areas; loading/unloading loading or unloading areas; locations used for the treatment, storage or disposal of wastes; liquid storage tanks; processing and storage areas; access roads, rail cars and tracks; transfer areas for substances in bulk; and machinery;
(9) Locations of storm water stormwater outfalls and an approximate outline of the area draining to each outfall, and location of municipal separate storm sewer systems (MS4s), if the storm water stormwater from the facility discharges to them;
(10) Location and description of all nonstorm water nonstormwater discharges;
(11) Location of any storage piles containing salt used for deicing or other commercial or industrial purposes; and
(12) Location and source of runon to the site from adjacent property, where the runon contains significant quantities of pollutants. The permittee shall include an evaluation with the SWPPP of how the quality of the storm water running onto the facility impacts the facility's storm water discharges.
d. Receiving waters and wetlands. The name of all surface waters receiving discharges from the site, including intermittent streams, dry sloughs, and arroyos. Provide a A description of wetland sites that may receive discharges from the facility shall also be provided. If the facility discharges through an MS4, identify the MS4 operator and the receiving water to which the MS4 discharges shall also be identified.
3. Summary of potential pollutant sources. The plan SWPPP shall identify each separate area at the facility where industrial materials or activities are exposed to storm water stormwater. Industrial materials or activities include, but are not limited to:, material handling equipment or activities, industrial machinery, raw materials, industrial production and processes, intermediate products, byproducts, final products, and waste products. Material handling activities include, but are not limited to, the storage, loading and unloading, transportation, disposal, or conveyance of any raw material, intermediate product, final product or waste product. For each separate area identified, the description shall include:
a. Activities in area. A list of the activities (e.g., material storage, equipment fueling and cleaning, cutting steel beams);
b. Pollutants. A list of the associated pollutant(s) or pollutant parameter(s) (e.g., crankcase oil, zinc, sulfuric acid, cleaning solvents, etc.) for each activity. The pollutant list shall include all significant materials handled, treated, stored, or disposed that have been exposed to storm water stormwater in the three years prior to the date this SWPP the SWPPP was prepared or amended. The list shall include any hazardous substance or oil at the facility.
4. Spills and leaks. The SWPPP shall clearly identify areas where potential spills and leaks that can contribute pollutants to storm water stormwater discharges can occur and their corresponding outfalls. The plan SWPPP shall include a list of significant spills and leaks of toxic or hazardous pollutants that actually occurred at exposed areas, or that drained to a storm water stormwater conveyance during the three-year period prior to the date this SWPPP was prepared or amended. The list shall be updated if significant spills or leaks occur in exposed areas of the facility during the term of the permit. Significant spills and leaks include, but are not limited to, releases of oil or hazardous substances in excess of reportable quantities, and may also include releases of oil or hazardous substances that are not in excess of reporting requirements.
5. Sampling data. The plan shall include a summary of existing discharge sampling data taken at the facility, and shall also include a summary of sampling data collected during the term of this permit.
6. Storm water 5. Stormwater controls.
a. BMPs shall be implemented for all the areas identified in Part II B 3 (Summary of potential pollutant sources) to prevent or control pollutants in storm water stormwater discharges from the facility. All reasonable If applicable, steps shall be taken to control or address the quality of discharges from the site that may do not originate at the facility. The SWPPP shall describe the type, location, and implementation of all BMPs for each area where industrial materials or activities are exposed to storm water stormwater. Selection of BMPs shall take into consideration:
(1) That preventing storm water stormwater from coming into contact with polluting materials is generally more effective, and less costly, than trying to remove pollutants from storm water stormwater;
(2) BMPs generally shall must be used in combination with each other for most effective water quality protection;
(3) Assessing the type and quantity of pollutants, including their potential to impact receiving water quality, is critical to designing effective control measures;
(4) That minimizing impervious areas at the facility can reduce runoff and improve groundwater recharge and stream base flows in local streams (however, care must be taken to avoid ground water groundwater contamination);
(5) Flow attenuation by use of open vegetated swales and natural depressions can reduce in-stream impacts of erosive flows;
(6) Conservation or restoration of riparian buffers will help protect streams from storm water stormwater runoff and improve water quality; and
(7) Treatment interceptors (e.g., swirl separators and sand filters) may be appropriate in some instances to minimize the discharge of pollutants.
b. Control measures. The permittee shall implement the following types of BMPs to prevent and control pollutants in the storm water stormwater discharges from the facility, unless it can be demonstrated and documented that such controls are not relevant to the discharges (e.g., there are no storage piles containing salt).
(1) Good housekeeping. The permittee shall keep clean all exposed areas of the facility that are potential sources of pollutants to storm water stormwater discharges. Typical problem areas include areas around trash containers, storage areas, loading docks, and vehicle fueling and maintenance areas. The plan SWPPP shall include a schedule for regular pickup and disposal of waste materials, along with routine inspections for leaks and of the conditions of drums, tanks, and containers. The introduction of raw, final or waste materials to exposed areas of the facility shall be minimized to the maximum extent practicable. The generation of dust, along with off-site vehicle tracking of raw, final or waste materials, or sediments, shall be minimized to the maximum extent practicable.
(2) Eliminating and minimizing exposure. To the extent practicable, industrial materials and activities shall be located inside, or protected by a storm-resistant covering to prevent exposure to rain, snow, snowmelt, and runoff.
(3) Preventive maintenance. The permittee shall have a preventive maintenance program that includes regular inspection, testing, maintenance, and repairing of all industrial equipment and systems to avoid breakdowns or failures that could result in leaks, spill spills, and other releases. This program is in addition to the specific BMP maintenance required under Part II C (Maintenance of BMPs) of the permit.
(4) Spill prevention and response procedures. The plan SWPPP shall describe the procedures that will be followed for preventing and responding to spills and leaks.
(a) Preventive measures include barriers between material storage and traffic areas, secondary containment provisions, and procedures for material storage and handling.
(b) Response procedures shall include (i) notification of appropriate facility personnel, emergency agencies, and regulatory agencies; and (ii) procedures for stopping, containing, and cleaning up spills. Measures for cleaning up hazardous material spills or leaks shall be consistent with applicable RCRA regulations at 40 CFR Part 264 (2005) and 40 CFR Part 265 (2005). Employees who may cause, detect, or respond to a spill or leak shall be trained in these procedures and have necessary spill response equipment available. If possible, one One of these individuals shall be a member of the pollution prevention team.
(c) Contact information for individuals and agencies that must be notified in the event of a spill shall be included in the SWPPP, and maintained in other locations where it will be readily available.
(5) Routine facility inspections. Facility personnel who possess the knowledge and skills to assess conditions and activities that could impact storm water stormwater quality at the facility, and who can also evaluate the effectiveness of BMPs shall regularly inspect all areas of the facility where industrial materials or activities are exposed to storm water stormwater. These inspections are in addition to, or as part of, the comprehensive site evaluation required under Part II D. At least one member of the pollution prevention team shall participate in the routine facility inspections. The inspection frequency shall be specified in the plan SWPPP and be based upon a consideration of the level of industrial activity at the facility, but shall be a minimum of quarterly unless more frequent intervals are specified elsewhere in the permit or written approval is received from the department for less frequent intervals. Any deficiencies in the implementation of the SWPPP that are found shall be corrected as soon as practicable, but not later than within 30 days of the inspection, unless permission for a later date is granted in writing by the director. The results of the inspections shall be documented in the SWPPP, along with the date(s) and description(s) of any corrective actions that were taken in response to any deficiencies or opportunities for improvement that were identified.
(6) Employee training. The permittee shall implement a storm water stormwater employee training program for the facility. The SWPPP shall include a schedule for all types of necessary training, and shall document all training sessions and the employees who received the training. Training shall be provided for all employees who work in areas where industrial materials or activities are exposed to storm water stormwater, and for employees who are responsible for implementing activities identified in the SWPPP (e.g., inspectors, and maintenance personnel, etc.). The training shall cover the components and goals of the SWPPP, and include such topics as spill response, good housekeeping, material management practices, BMP operation and maintenance, etc. The SWPPP shall include a summary of any training performed.
(7) Sediment and erosion control. The plan SWPPP shall identify areas at the facility that, due to topography, land disturbance (e.g., construction, landscaping, site grading), or other factors, have a potential for soil erosion. The permittee shall identify and implement structural, vegetative, and/or or stabilization BMPs to prevent or control on-site and off-site erosion and sedimentation. Flow velocity dissipation devices shall be placed at discharge locations and along the length of any outfall channel if the flows would otherwise create erosive conditions.
(8) Management of runoff. The plan shall describe the storm water stormwater runoff management practices (i.e., permanent structural BMPs) for the facility. These types of BMPs are typically used to divert, infiltrate, reuse, or otherwise reduce pollutants in storm water stormwater discharges from the site.
Structural BMPs may require a separate permit under § 404 of the CWA federal Clean Water Act and the Virginia Water Protection Permit Program Regulation (9VAC25-210) before installation begins.
C. Maintenance. All BMPs identified in the SWPPP shall be maintained in effective operating condition. Storm water stormwater BMPs identified in the SWPPP shall be observed during active operation (i.e., during a storm water stormwater runoff event) to ensure that they are functioning correctly. Where discharge locations are inaccessible, nearby downstream locations shall be observed. The observations shall be documented in the SWPPP.
The SWPPP shall include a description of procedures and a regular schedule for preventive maintenance of all BMPs, and shall include a description of the back-up practices that are in place should a runoff event occur while a BMP is off line. The effectiveness of nonstructural BMPs shall also be maintained by appropriate means (e.g., spill response supplies available and personnel trained, etc.).).
If site inspections required by Part II B 6 5 b (5) (Routine facility inspections) or Part II D (Comprehensive site compliance evaluation) identify BMPs that are not operating effectively, repairs or maintenance shall be performed before the next anticipated storm event. If maintenance prior to the next anticipated storm event is not possible, maintenance shall be scheduled and accomplished as soon as practicable. In the interim, back-up measures shall be employed and documented in the SWPPP until repairs or maintenance is complete. Documentation shall be kept with the SWPPP of maintenance and repairs of BMPs, including the date or dates of regular maintenance, date or dates of discovery of areas in need of repair or replacement, and for repairs, date or dates that the BMPs returned to full function, and the justification for any extended maintenance or repair schedules.
D. Comprehensive site compliance evaluation. The permittee shall conduct comprehensive site compliance evaluations at least once a year. The evaluations shall be done by qualified personnel who possess the knowledge and skills to assess conditions and activities that could impact storm water stormwater quality at the facility, and who can also evaluate the effectiveness of BMPs. The personnel conducting the evaluations may be either facility employees or outside constituents hired by the facility.
1. Scope of the compliance evaluation. Evaluations shall include all areas where industrial materials or activities are exposed to storm water stormwater, as identified in Part II B 3. The personnel shall evaluate:
a. Industrial materials, residue or trash that may have or could come into contact with storm water stormwater;
b. Leaks or spills from industrial equipment, drums, barrels, tanks or other containers that have occurred within the past three years;
c. Off-site tracking of industrial or waste materials or sediment where vehicles enter or exit the site;
d. Tracking or blowing of raw, final, or waste materials from areas of no exposure to exposed areas;
e. Evidence of, or the potential for, pollutants entering the drainage system;
f. Evidence of pollutants discharging to surface waters at all facility outfalls, and the condition of and around the outfall, including flow dissipation measures to prevent scouring;
g. Review of training performed, inspections completed, maintenance performed, quarterly visual examinations, and effective operation of BMPs; and
h. Results Review of the results of both visual and any analytical monitoring done during the past year shall be taken into consideration during the evaluation.
2. Based on the results of the evaluation, the SWPPP shall be modified as necessary (e.g., show additional controls on the map required by Part II B 2 c; revise the description of controls required by Part II B 6 5 to include additional or modified BMPs designed to correct problems identified). Revisions to the SWPPP shall be completed within 30 days following the evaluation, unless permission for a later date is granted in writing by the director. If existing BMPs need to be modified or if additional BMPs are necessary, implementation shall be completed before the next anticipated storm event, if practicable, but not more than 60 days after completion of the comprehensive site evaluation, unless permission for a later date is granted in writing by the department.
3. Compliance evaluation report. A report shall be written summarizing the scope of the evaluation, the name or names of personnel making the evaluation, the date or dates of the evaluation, and all observations relating to the implementation of the SWPPP, including elements stipulated in Part II D 1 (a) through (f) of this general permit. Observations shall include such things as: the location or locations of discharges of pollutants from the site; the location or locations of previously unidentified sources of pollutants; the location or locations of BMPs that need to be maintained or repaired; the location or locations of failed BMPs that need replacement; and location or locations where additional BMPs are needed. The report shall identify any incidents of noncompliance that were observed. Where a report does not identify any incidents of noncompliance, the report shall contain a certification that the facility is in compliance with the SWPPP and this permit. The report shall be signed in accordance with Part III K and maintained with the SWPPP.
4. Where compliance evaluation schedules overlap with routine inspections required under Part II B 6 5 b (5), the annual compliance evaluation may be used as one of the routine inspections.
E. Signature and plan review.
1. Signature/location. The SWPPP shall be signed in accordance with Part III K, dated, and retained on-site at the facility covered by this permit. All changes to the SWPPP, and other permit compliance documentation, must be signed and dated by the person preparing the change or documentation.
2. Availability. The permittee shall make the SWPPP, annual site compliance evaluation report, and other information available to the department upon request.
3. Required modifications. The director may notify the permittee at any time that the SWPPP, BMPs, or other components of the facility's storm water stormwater program do not meet one or more of the requirements of this permit. The notification shall identify specific provisions of the permit that are not being met, and may include required modifications to the storm water stormwater program, additional monitoring requirements, and special reporting requirements. The permittee shall make any required changes to the SWPPP within 60 days of receipt of such notification, unless permission for a later date is granted in writing by the director, and shall submit a written certification to the director that the requested changes have been made.
F. Maintaining an updated SWPPP.
1. The permittee shall review and amend the SWPPP as appropriate whenever:
a. There is construction or a change in design, operation, or maintenance at the facility that has a significant an effect on the discharge, or the potential for the discharge, of pollutants from the facility sufficient to impact water quality;
b. Routine inspections or compliance evaluations determine that there are deficiencies in the BMPs;
c. Inspections by local, state, or federal officials determine that modifications are necessary;
d. There is a spill, leak or other release at the facility; or
e. There is an unauthorized discharge from the facility.
2. SWPPP modifications shall be made within 30 calendar days after the discovery, observation, or event requiring a SWPPP modification. Implementation of new or modified BMPs (distinct from regular preventive maintenance of existing BMPs described in Part II C) shall be initiated before the next storm event if possible, but no later than 60 days after discovery, or as otherwise provided or approved by the director. The amount of time taken to modify a BMP or implement additional BMPs shall be documented in the SWPPP.
3. If the SWPPP modification is based on a release or unauthorized discharge, include a description and date of the release, the circumstances leading to the release, actions taken in response to the release, and measures to prevent the recurrence of such releases. Unauthorized releases and discharges are subject to the reporting requirements of Part III G of this permit.
G. Allowable nonstormwater discharges. The following nonstormwater discharges are authorized by this permit:
1. Discharges from fire-fighting activities;
2. Fire hydrant flushings;
3. Potable water including water line flushings;
4. Uncontaminated condensate from air conditioners, coolers, and other compressors and from the outside storage of refrigerated gases or liquids;
5. Irrigation drainage;
6. Landscape watering provided all pesticides, herbicides, and fertilizer have been applied in accordance with the approved labeling;
7. Pavement wash waters where no detergents are used and no spills or leaks of toxic or hazardous materials have occurred, unless all spilled material has been removed;
8. Routine external building wash down that does not use detergents;
9. Uncontaminated groundwater or spring water;
10. Foundation or footing drains where flows are not contaminated with process materials; and
11. Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, but not intentional discharges from the cooling tower, for example, "piped" cooling tower blowdown or drains.
Part III
Conditions Applicable to All VPDES Permits
A. Monitoring.
1. Samples and measurements taken as required by this permit shall be representative of the monitored activity.
2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit.
3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will ensure accuracy of measurements.
4. Samples taken as required by this permit shall be analyzed in accordance with 1VAC30-45, Certification for Noncommercial Environmental Laboratories, or 1VAC30-46, Accreditation for Commercial Environmental Laboratories.
B. Records.
1. Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) and time(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the registration statement for this permit, for a period of at least three years from the date of the sample, measurement, report or request for coverage. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the board.
C. Reporting monitoring results.
1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.
2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the department.
3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the department.
4. Calculations for all limitations that require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.
D. Duty to provide information. The permittee shall furnish to the department, within a reasonable time, any information that the board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating coverage under this permit or to determine compliance with this permit. The board may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the department, upon request, copies of records required to be kept by this permit.
E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.
F. Unauthorized discharges. Except in compliance with this permit or another permit issued by the board, it shall be unlawful for any person to:
1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or
2. Otherwise alter the physical, chemical or biological properties of such state waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses.
G. Reports of unauthorized discharges. Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon state waters in violation of Part III F (Unauthorized discharges); or who discharges or causes or allows a discharge that may reasonably be expected to enter state waters in violation of Part III F, shall notify (see NOTE in Part III I) the department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the department within five days of discovery of the discharge. The written report shall contain:
1. A description of the nature and location of the discharge;
2. The cause of the discharge;
3. The date on which the discharge occurred;
4. The length of time that the discharge continued;
5. The volume of the discharge;
6. If the discharge is continuing, how long it is expected to continue;
7. If the discharge is continuing, what the expected total volume of the discharge will be; and
8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit.
Discharges reportable to the department under the immediate reporting requirements of other regulations are exempted from this requirement.
H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge including a bypass or upset, should occur from a treatment works and the discharge enters or could be expected to enter state waters, the permittee shall promptly notify, in no case later than 24 hours, the department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse effects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the department within five days of discovery of the discharge in accordance with Part III I 2. Unusual and extraordinary discharges include but are not limited to any discharge resulting from:
1. Unusual spillage of materials resulting directly or indirectly from processing operations;
2. Breakdown of processing or accessory equipment;
3. Failure or taking out of service some or all of the treatment works; and
4. Flooding or other acts of nature.
I. Reports of noncompliance. The permittee shall report any noncompliance that may adversely affect state waters or may endanger public health.
1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information that shall be reported within 24 hours under this subdivision:
a. Any unanticipated bypass; and
b. Any upset that causes a discharge to surface waters.
2. A written report shall be submitted within 5 five days and shall contain:
a. A description of the noncompliance and its cause;
b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and
c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The board may waive the written report on a case-by-case basis for reports of noncompliance under Part III I if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.
3. The permittee shall report all instances of noncompliance not reported under Parts III I 1 or 2, in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part III I 2.
NOTE: The immediate (within 24 hours) reports required in Parts Part III G, H, and I may be made to the department's regional office. Reports may be made by telephone or by fax, FAX, or online at http://www.deq.virginia.gov/Programs/PollutionResponse
Preparedness/MakingaReport.aspx.
For reports outside normal working hours, leave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Services Management maintains a 24-hour telephone service at 1-800-468-8892.
J. Notice of planned changes.
1. The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:
a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:
(1) After promulgation of standards of performance under § 306 of the federal Clean Water Act that are applicable to such source; or
(2) After proposal of standards of performance in accordance with § 306 of the federal Clean Water Act that are applicable to such source, but only if the standards are promulgated in accordance with § 306 within 120 days of their proposal;
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or
c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan.
2. The permittee shall give advance notice to the department of any planned changes in the permitted facility or activity which that may result in noncompliance with permit requirements.
K. Signatory requirements.
1. Registration statement. All registration statements shall be signed as follows:
a. For a corporation: by a responsible corporate officer. For the purposes of this section, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities provided the manager is authorized to make management decisions which that govern the operation of the regulated facility, including having the explicit or implicit duty of making capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or other actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) the chief executive officer of the agency or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.
2. Reports, etc and other requested information. All reports required by permits, and other information requested by the board, shall be signed by a person described in Part III K 1 or by a duly authorized representative of that person. A person is a duly authorized representative only if:
a. The authorization is made in writing by a person described in Part III K 1;
b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and
c. The written authorization is submitted to the department.
3. Changes to authorization. If an authorization under Part III K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part III K 2 shall be submitted to the department prior to or together with any reports or information to be signed by an authorized representative.
4. Certification. Any person signing a document under Parts Part III K 1 or 2 shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
L. Duty to comply. The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the federal Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the federal Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application.
The permittee shall comply with effluent standards or prohibitions established under § 307(a) of the federal Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under § 405(d) of the federal Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement.
M. Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall submit a new registration statement at least 30 days before the expiration date of the existing permit, unless permission for a later date has been granted by the board. The board shall not grant permission for registration statements to be submitted later than the expiration date of the existing permit.
N. Effect of a permit. This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights or any infringement of federal, state or local laws or regulations.
O. State law. Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to, any other state law or regulation or under authority preserved by § 510 of the federal Clean Water Act. Except as provided in permit conditions on "bypass" (Part in Part III U), U (Bypass) and "upset" (Part Part III V) V (Upset) nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance.
P. Oil and hazardous substance liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under §§ 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law.
Q. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which that are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit.
R. Disposal of solids or sludges. Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering state waters.
S. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which that has a reasonable likelihood of adversely affecting human health or the environment.
T. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
U. Bypass.
1. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. The permittee may allow any bypass to occur that does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provisions of Parts Part III U 2 and U 3.
2. Notice.
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted if possible at least 10 days before the date of the bypass.
b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part III I (Reports of noncompliance).
3. Prohibition of bypass.
a. Bypass is prohibited, and the board may take enforcement action against a permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which that occurred during normal periods of equipment downtime or preventive maintenance; and
(3) The permittee submitted notices as required under Part III U 2.
b. The board may approve an anticipated bypass, after considering its adverse effects, if the board determines that it will meet the three conditions listed in Part III U 3 a.
V. Upset.
1. An upset, defined in 9VAC25-31-10, constitutes an affirmative defense to an action brought for noncompliance with technology-based permit effluent limitations if the requirements of Part III V 2 are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review.
2. A permittee who that wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that:
a. An upset occurred and that the permittee can identify the cause(s) of the upset;
b. The permitted facility was at the time being properly operated;
c. The permittee submitted notice of the upset as required in Part III I; and
d. The permittee complied with any remedial measures required under Part III S.
3. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof.
W. Inspection and entry. The permittee shall allow the director or an authorized representative, upon presentation of credentials and other documents as may be required by law, to:
1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted or where records must be kept under the conditions of this permit;
2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and
4. Sample or monitor at reasonable times, for the purposes of ensuring permit compliance or as otherwise authorized by the federal Clean Water Act and the State Water Control Law, any substances or parameters at any location.
For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency.
X. Permit actions. Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.
Y. Transfer of permits. 1. Permits are not transferable to any person except after notice to the department. Except as provided in Part III Y 2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and the federal Clean Water Act.
2. As an alternative to transfers under Part III Y 1, Coverage under this permit may be automatically transferred to a new permittee if:
a. 1. The current permittee notifies the department within 30 days of the transfer of the title to the facility or property unless permission for a later date has been granted by the board;
b. 2. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and
c. 3. The board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue deny the permittee coverage under the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part III Y 2 b.
Z. Severability. The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances and the remainder of this permit shall not be affected thereby.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are 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 forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.
FORMS (9VAC25-115)
VPDES Change of Ownership Agreement Form (undated).
Change of Ownership Agreement Form (rev. 3/14)
Department of Environmental Quality Water Division Permit Application Fee Form (rev. 10/14)
VA.R. Doc. No. R14-4092; Filed April 10, 2015, 8:48 a.m.
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 14 of the Code of Virginia, which exempts adoption, amendment, or repeal of wasteload allocations by the State Water Control Board pursuant to State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia) if the board (i) provides public notice in the Virginia Register; (ii) if requested by the public during the initial public notice 30-day comment period, forms an advisory group composed of relevant stakeholders; (iii) receives and provides summary response to written comments; and (iv) conducts at least one public meeting.
Title of Regulation: 9VAC25-720. Water Quality Management Planning Regulation (amending 9VAC25-720-60, 9VAC25-720-80, 9VAC25-720-100, 9VAC25-720-110, 9VAC25-720-120).
Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1313(e) of the Clean Water Act.
Effective Date: June 3, 2015.
Agency Contact: Debra Harris, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4209, FAX (804) 698-4019, or email debra.harris@deq.virginia.gov.
Summary:
The amendments to the Water Quality Management Planning Regulation include new total maximum daily load wasteload allocations as follows: two for the James River Basin, 12 for the Roanoke River Basin, seven for the Chowan River – Dismal Swamp River Basin, five for the Chesapeake Bay – Small Coastal – Eastern Shore River Basin, and 10 for the York River Basin.
9VAC25-720-60. James River Basin.
A. Total maximum daily loads (TMDLs).
| TMDL # | Stream Name | TMDL Title | City/County | WBID | Pollutant | WLA1 | Units |
| 1. | Pheasanty Run | Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins | Bath | I14R | Organic solids | 1,231.00 | LB/YR |
| 2. | Wallace Mill Stream | Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins | Augusta | I32R | Organic solids | 2,814.00 | LB/YR |
| 3. | Montebello Sp. Branch | Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins | Nelson | H09R | Organic solids | 37.00 | LB/YR |
| 4. | Unnamed tributary to Deep Creek | General Standard Total Maximum Daily Load for Unnamed Tributary to Deep Creek | Nottoway | J11R | Raw sewage | 0 | GAL/YR |
| 5. | Unnamed tributary to Chickahominy River | Total Maximum Daily Load (TMDL) Development for the Unnamed Tributary to the Chickahominy River | Hanover | G05R | Total phosphorus | 409.35 | LB/YR |
| 6. | Rivanna River | Benthic TMDL Development for the Rivanna River Watershed | Albemarle, Greene, Nelson, Orange | H27R,
H28R | Sediment | 10,229 | Lbs/Day |
| 7. | Jackson River | Benthic TMDL Development for the Jackson River, Virginia | Alleghany, Bath, Highland | I04R, I09R | Total phosphorus | 72,955 | LB/GS2 |
| 8. | Jackson River | Benthic TMDL Development for the Jackson River, Virginia | Alleghany, Bath, Highland | I04R, I09R | Total nitrogen | 220,134 | LB/GS |
| 9. | Little Calfpasture | Total Maximum Daily Load Development to Address a Benthic Impairment in the Little Calfpasture River, Rockbridge County, Virginia | Rockbridge | 132R | Sediment | 30.4 | T/YR |
| 10. | Phelps Branch | Phelps Branch Sediment TMDL Development Report for a Benthic Impairment in Appomattox County, Virginia | Appomattox | H06R | Sediment | 115.7 | T/YR |
| 11. | Long Branch | Sediment TMDL Development Report for Benthic Impairments in Long Branch and Buffalo River in Amherst County, Virginia | Amherst | H11R | Sediment | 16.2 | T/YR |
| 12. | Buffalo River | Sediment TMDL Development Report for Benthic Impairments in Long Branch and Buffalo River in Amherst County, Virginia | Amherst | H11R | Sediment | 306.4 | T/YR |
| 13. | Chickahominy River | Benthic TMDL Development for Chickahominy River, Virginia | Hanover, Henrico | G05R | Sediment | 294.03 | T/YR |
| 14. | Colliers Creek | Bacteria TMDL Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River, and Cedar Creek and a Sediment TMDL Development for Colliers Creek | Rockbridge | 138R | Sediment | 103.4 | T/YR |
| 15. | Angola Creek (1) - VAC-J06R_ANG01A00 | Total Maximum Daily Load Development for the Appomattox River Basin | Cumberland | J06 | E. coli | 0 | cfu/year |
| 16. | Angola Creek (2) - VAC-J06R_ANG02A00 | Total Maximum Daily Load Development for the Appomattox River Basin | Cumberland | J06 | E. coli | 0 | cfu/year |
| 17. | Horsepen Creek | Total Maximum Daily Load Development for the Appomattox River Basin | Cumberland | J06 | E. coli | 0 | cfu/year |
| 18. | Little Sandy Creek | Total Maximum Daily Load Development for the Appomattox River Basin | Prince Edward | J03 | E. coli | 0 | cfu/year |
| 19. | Saylers Creek | Total Maximum Daily Load Development for the Appomattox River Basin | Prince Edward | J06 | E. coli | 0 | cfu/year |
| 20. | Spring Creek | Total Maximum Daily Load Development for the Appomattox River Basin | Prince Edward | J02 | E. coli | 0 | cfu/year |
| 21. | West Creek | Total Maximum Daily Load Development for the Appomattox River Basin | Amelia | J11 | E. coli | 0 | cfu/year |
| 22. | Briery Creek | Total Maximum Daily Load Development for the Appomattox River Basin | Prince Edward | J05 | E. coli | 3.50E+09 | cfu/year |
| 23. | Bush River (1) -
VAC-J04R_BSR02A02 | Total Maximum Daily Load Development for the Appomattox River Basin | Prince Edward | J04, J05 | E. coli | 3.50E+09 | cfu/year |
| 24. | Bush River (2) - VAC-J03R_BSR03A02 | Total Maximum Daily Load Development for the Appomattox River Basin | Prince Edward | J03, J04, J05 | E. coli | 3.50E+09 | cfu/year |
| 25. | Swift Creek (1) - VAP-J16R_SFT01A00 | Total Maximum Daily Load Development for the Appomattox River Basin | Chesterfield | J16 | E. coli | 8.37E+09 | cfu/year |
| 26. | Swift Creek (2) - VAP-J17R_SFT01B98 | Total Maximum Daily Load Development for the Appomattox River Basin | Chesterfield | J16, J17 | E. coli | 3.24E+11 | cfu/year |
| 27. | Swift Creek (3) - VAP-J17R_SFT01C98 | Total Maximum Daily Load Development for the Appomattox River Basin | Chesterfield | J16, J17 | E. coli | 4.76E+11 | cfu/year |
| 28. | Flat Creek | Total Maximum Daily Load Development for the Appomattox River Basin | Nottoway, Amelia | J08, J09 | E. coli | 5.24E+11 | cfu/year |
| 29. | Nibbs Creek | Total Maximum Daily Load Development for the Appomattox River Basin | Amelia | J09 | E. coli | 5.24E+11 | cfu/year |
| 30. | Deep Creek | Total Maximum Daily Load Development for the Appomattox River Basin | Nottoway | J11 | E. coli | 8.71E+11 | cfu/year |
| 31. | Appomattox River (1) - VAC-J01R_APP03A02, VAC-J01R_APP04A02, VAC-J01R_APP05A04, VAC-J06R_APP05A02, VAP-J07R_APP01A98, VAP-J10R_APP01A98 | Total Maximum Daily Load Development for the Appomattox River Basin | Cumberland, Powhatan, Amelia, Prince Edward, Appomattox | J01, J02, J03, J04, J05, J06, J07 | E. coli | 1.07E+13 | cfu/year |
| 32. | Appomattox River (2), lower - VAP-J15R_APP01A98 | Total Maximum Daily Load Development for the Appomattox River Basin | Chesterfield, Cumberland, Powhatan, Nottoway, Amelia, Dinwiddie, Prince Edward, Appomattox | J01, J02, J03, J04, J05, J06, J07, J08, J09, J10, J11, J12, J13, J14, J15 | E. coli | 1.66E+13 | cfu/year |
| 33. | Appomattox River and tributaries, lower tidal (3) -
VAP-J15E_APP01A98, VAP-J15E_APP02A98, VAP-J15E_APP02B12 | Total Maximum Daily Load Development for the Appomattox River Basin | Chesterfield, Cumberland, Nottoway, Petersburg, Amelia, Colonial Heights, Prince Edward, Appomattox | J01, J02, J03, J04, J05, J06, J07, J08, J09, J10, J11, J12, J13, J14, J15, J16, J17 | E. coli | 7.47E+13 | cfu/year |
| 34. | Bear Garden Creek | Bacteria Total Maximum Daily Load (TMDL) Development for the Bear Garden Creek Watershed | Buckingham | H20 | E. coli | 3.15E+08 | cfu/day |
| 35. | Stonewall Creek | Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek | Appomattox | H05 | E. coli | 9.28E+10 | cfu/year |
| 36. | Bent Creek | Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek | Appomattox | H07 | E. coli | 2.26E+11 | cfu/year |
| 37. | North Creek | Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek | Appomattox | H06 | E. coli | 2.96E+11 | cfu/year |
| 38. | Wreck Island Creek | Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek | Appomattox | H06 | E. coli | 8.76E+11 | cfu/year |
| 39. | Walkers Ford Creek | Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek | Amherst | H05 | E. coli | 8.90E+11 | cfu/year |
| 40. | Bleakhorn Creek | TMDL Report for Chesapeake Bay Shellfish Waters: Bleakhorn Creek, Bennett Creek, and Knotts Creek Bacterial Impairments | Suffolk | G13 | Fecal coliform | 2.66E+09 | MPN/day |
| 41. | Knotts Creek | TMDL Report for Chesapeake Bay Shellfish Waters: Bleakhorn Creek, Bennett Creek, and Knotts Creek Bacterial Impairments | Suffolk | G13 | Fecal coliform | 1.07E+10 | MPN/day |
| 42. | Bennett Creek | TMDL Report for Chesapeake Bay Shellfish Waters: Bleakhorn Creek, Bennett Creek, and Knotts Creek Bacterial Impairments | Suffolk | G13 | Fecal coliform | 6.37E+10 | MPN/day |
| 43. | Chickahominy River and tributaries | E. coli TMDL Development for Chickahominy River and Tributaries | New Kent, Henrico, Charles City, Hanover | G05, G06, G07 | E. coli | 2.41E+12 | cfu/year |
| 44. | Chuckatuck Creek and Brewers Creek | Shellfish Bacteria Total Maximum Daily Load (TMDL) Development Chuckatuck Creek and Brewers Creek Watershed | Isle of Wight | G11 | Fecal coliform | 4.79E+11 | MPN/day |
| 45. | Paradise Creek | Bacteria Total Maximum Daily Load (TMDL) Development for the Elizabeth River Watershed | Portsmouth | G15 | Enterococci | 5.04E+11 | cfu/day |
| 46. | Lafayette River, upper | Bacteria Total Maximum Daily Load (TMDL) Development for the Elizabeth River Watershed | Norfolk | G15 | Enterococci | 1.05E+13 | cfu/day |
| 47. | Lower and Upper Western Branch, Elizabeth River | Bacteria Total Maximum Daily Load (TMDL) Development for the Elizabeth River Watershed | Chesapeake, Portsmouth | G15 | Enterococci | 2.00E+13 | cfu/day |
| 48. | Upper Mainstem, Lower Southern Branch, Lower Eastern Branch Elizabeth River, Broad Creek, Indian River | Bacteria Total Maximum Daily Load (TMDL) Development for the Elizabeth River Watershed | Chesapeake, Portsmouth, Norfolk | G15, K39 | Enterococci | 5.78E+13 | cfu/day |
| 49. | Fourmile Creek | Bacteria TMDL for Fourmile Creek | Henrico | G02 | E. coli | 3.99E+10 | cfu/year |
| 50. | Hardware River, North Fork | Bacteria Total Maximum Daily Load Development for North Fork Hardware River and Hardware River | Albemarle | H18 | E. coli | 3.50E+12 | cfu/year |
| 51. | Hardware River | Bacteria Total Maximum Daily Load Development for North Fork Hardware River and Hardware River | Fluvanna, Albemarle | H18, H19 | E. coli | 4.00E+12 | cfu/year |
| 52. | Walker Creek | Bacteria Total Maximum Daily Load Development for Hays Creek, Moffatts Creek, Walker Creek, and Otts Creek | Rockbridge | I34 | E. coli | 6.00E+10 | cfu/year |
| 53. | Otts Creek | Bacteria Total Maximum Daily Load Development for Hays Creek, Moffatts Creek, Walker Creek, and Otts Creek | Augusta | I34 | E. coli | 9.00E+10 | cfu/year |
| 54. | Hays Creek | Bacteria Total Maximum Daily Load Development for Hays Creek, Moffatts Creek, Walker Creek, and Otts Creek | Rockbridge | I34 | E. coli | 2.00E+11 | cfu/year |
| 55. | Hoffler Creek | Bacteria Total Maximum Daily Load (TMDL) Development for the Hoffler Creek Watershed | Portsmouth | G15 | Enterococci | 5.39E+11 | cfu/day |
| 56. | Powell Creek | Bacteria Total Maximum Daily Load Development for the James River - Hopewell to Westover | Prince George | G03 | E. coli | 6.12E+10 | cfu/year |
| 57. | Bailey Creek | Bacteria Total Maximum Daily Load Development for the James River - Hopewell to Westover | Prince George | G03 | E. coli | 1.62E+11 | cfu/year |
| 58. | Bailey Bay, Bailey Creek, Cattail Creek | Bacteria Total Maximum Daily Load Development for the James River - Hopewell to Westover | Prince George, Hopewell | G03 | E. coli | 8.47E+12 | cfu/year |
| 59. | James River | Bacteria Total Maximum Daily Load Development for the James River - Hopewell to Westover | Prince George, Charles City, Hopewell | G03 | E. coli | 8.67E+14 | cfu/year |
| 60. | Austin Creek | Total Maximum Daily Load Development for the James River Basin | Buckingham | H21 | E. coli | 1.62E+10 | cfu/year |
| 61. | Fisby Branch | Total Maximum Daily Load Development for the James River Basin | Buckingham | H21 | E. coli | 2.15E+10 | cfu/year |
| 62. | Rock Island Creek | Total Maximum Daily Load Development for the James River Basin | Buckingham | H17 | E. coli | 3.38E+10 | cfu/year |
| 63. | Slate River, upper | Total Maximum Daily Load Development for the James River Basin | Buckingham | H21 | E. coli | 4.22E+10 | cfu/year |
| 64. | Troublesome Creek | Total Maximum Daily Load Development for the James River Basin | Buckingham | H21 | E. coli | 5.23E+10 | cfu/year |
| 65. | North River | Total Maximum Daily Load Development for the James River Basin | Buckingham | H21 | E. coli | 5.52E+10 | cfu/year |
| 66. | Ballinger Creek | Total Maximum Daily Load Development for the James River Basin | Albemarle | H17 | E. coli | 5.75E+10 | cfu/year |
| 67. | Totier Creek | Total Maximum Daily Load Development for the James River Basin | Albemarle | H17 | E. coli | 1.62E+11 | cfu/year |
| 68. | Slate River, lower | Total Maximum Daily Load Development for the James River Basin | Buckingham | H21, H22 | E. coli | 3.19E+12 | cfu/year |
| 69. | Fine Creek | Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region | Powhatan | H38 | E. coli | 3.66E+10 | cfu/year |
| 70. | Big Lickinghole Creek, Little Lickinghole Creek | Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region | Goochland | H37 | E. coli | 7.94E+10 | cfu/year |
| 71. | Byrd Creek | Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region | Goochland, Fluvanna | H34 | E. coli | 1.08E+11 | cfu/year |
| 72. | Upper James River | Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region | Cumberland, Fluvanna, Powhatan, Goochland | H33, H34, H37 | E. coli | 3.50E+11 | cfu/year |
| 73. | Beaverdam Creek | Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region | Goochland | H38 | E. coli | 1.60E+12 | cfu/year |
| 74. | Lower James River | Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region | Cumberland, Fluvanna, Powhatan, Goochland | H33, H34, H37, H38 | E. coli | 8.20E+12 | cfu/year |
| 75. | No Name Creek | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Chesterfield | G01 | E. coli | 4.66E+11 | cfu/year |
| 76. | Bernards Creek | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Powhatan | H39 | E. coli | 1.67E+12 | cfu/year |
| 77. | Goode Creek | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Richmond City | G01 | E. coli | 2.52E+12 | cfu/year |
| 78. | Gillies Creek | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Henrico, Richmond City | G01 | E. coli | 2.93E+12 | cfu/year |
| 79. | Powhite Creek | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Chesterfield | H39 | E. coli | 3.34E+12 | cfu/year |
| 80. | Almond Creek | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Henrico | G01 | E. coli | 4.39E+12 | cfu/year |
| 81. | Falling Creek | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Chesterfield, Richmond City | G01 | E. coli | 1.64E+13 | cfu/year |
| 82. | Reedy Creek | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Richmond City | H39 | E. coli | 8.23E+13 | cfu/year |
| 83. | Tidal James River | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Henrico, Richmond City, Goochland, Powhatan, Chesterfield | G01, G02, H39 | E. coli | 3.76E+14 | cfu/year |
| 84. | Lower James River | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Henrico, Richmond City, Goochland, Powhatan, Chesterfield | H39 | E. coli | 3.06E+15 | cfu/year |
| 85. | Ivy Creek | Bacteria Total Maximum Daily Load Development for the James River Basin | Lynchburg, Bedford | H03 | E. coli | 6.25E+11 | cfu/year |
| 86. | Burton Creek | Bacteria Total Maximum Daily Load Development for the James River Basin | Lynchburg | H03 | E. coli | 7.37E+11 | cfu/year |
| 87. | Judith Creek | Bacteria Total Maximum Daily Load Development for the James River Basin | Lynchburg, Bedford | H03 | E. coli | 8.31E+11 | cfu/year |
| 88. | Tomahawk Creek | Bacteria Total Maximum Daily Load Development for the James River Basin | Lynchburg | H03 | E. coli | 8.34E+11 | cfu/year |
| 89. | Fishing Creek | Bacteria Total Maximum Daily Load Development for the James River Basin | Lynchburg | H03 | E. coli | 1.03E+12 | cfu/year |
| 90. | Blackwater Creek | Bacteria Total Maximum Daily Load Development for the James River Basin | Lynchburg | H03 | E. coli | 3.06E+12 | cfu/year |
| 91. | James River | Bacteria Total Maximum Daily Load Development for the James River Basin | Amherst, Bedford, Lynchburg | H01, H02, H03, H04, H05 | E. coli | 2.75E+14 | cfu/year |
| 92. | Baptist Run | Fecal Bacteria Total Maximum Daily Load Development for Warwick River | York | G11 | E. coli | 3.89E+09 | cfu/year |
| 93. | Deep Creek | Fecal Bacteria Total Maximum Daily Load Development for Warwick River | Newport News | G11, C07 | Enterococci | 5.59E+12 | cfu/year |
| 94. | Skiffes Creek | Fecal Bacteria Total Maximum Daily Load Development for Warwick River | James City | G11 | Fecal coliform | 2.46E+12 | cfu/year |
| 95. | James River, Warwick River | Fecal Bacteria Total Maximum Daily Load Development for Warwick River | Newport News, York | G11 | Fecal coliform | 3.04E+12 | cfu/year |
| 96. | Kings Creek and Bay | Shellfish Bacteria Total Maximum Daily Load (TMDL) Development Kings Creek and Bay and Ballard Creek and Bay Watersheds | Isle of Wight | G11 | Fecal coliform | 1.23E+09 | counts/day |
| 97. | Ballard Creek and Bay | Shellfish Bacteria Total Maximum Daily Load (TMDL) Development Kings Creek and Bay and Ballard Creek and Bay Watersheds | Isle of Wight | G11 | Fecal coliform | 1.64E+09 | counts/day |
| 98. | Lawnes Creek | TMDL Report for Chesapeake Bay Shellfish Waters: Lawnes Creek Bacterial Impairment | Surry | G11 | Fecal coliform | 5.94E+08 | MPN/day |
| 99. | Looney Creek | Bacteria TMDL for Looney Creek | Botetourt | I26 | E. coli | 1.84E+10 | cfu/year |
| 100. | Buffalo Creek, South Fork | Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek | Botetourt, Rockbridge | I38 | E. coli | 2.01E+11 | cfu/year |
| 101. | Colliers Creek | Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek | Rockbridge | I38 | E. coli | 4.75E+11 | cfu/year |
| 102. | Cedar Creek | Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek | Rockbridge | I28 | E. coli | 5.01E+11 | cfu/year |
| 103. | Buffalo Creek, North Fork | Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek | Rockbridge | I38 | E. coli | 6.52E+11 | cfu/year |
| 104. | Buffalo Creek | Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek | Rockbridge | I38 | E. coli | 1.91E+12 | cfu/year |
| 105. | Maury River | Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek | Buena Vista, Rockbridge | I37, I38 | E. coli | 2.98E+13 | cfu/year |
| 106. | Powhatan Creek | Bacteria Total Maximum Daily Load Development for Mill Creek and Powhatan Creek | James City | G10 | E. coli | 1.78E+13 | cfu/year |
| 107. | Mill Creek | Bacteria Total Maximum Daily Load Development for Mill Creek and Powhatan Creek | James City | G10 | Enterococci | 3.63E+12 | cfu/year |
| 108. | Powhatan Creek | Bacteria Total Maximum Daily Load Development for Mill Creek and Powhatan Creek | James City | G10 | Enterococci | 7.24E+12 | cfu/year |
| 109. | Moores Creek | Development of the Total Maximum Daily Load (TMDL) for Fecal Coliform Bacteria in Moore's Creek, Albemarle County, Virginia | Charlottesville, Albemarle | H28 | Fecal coliform | 3.30E+13 | cfu/year |
| 110. | Morris Creek | Morris Creek (tidal), Charles City County Total Maximum Daily Load for Bacteria Contamination Impaired for Recreational Use | Charles City | G08 | Enterococci | 2.92E+10 | cfu/day |
| 111. | Shingle Creek | Fecal Bacteria Total Maximum Daily Load for the Nansemond River | Suffolk | G13, K39 | Fecal coliform | 2.78E+09 | cfu/year |
| 112. | Nansemond River, upper and middle | Fecal Bacteria Total Maximum Daily Load for the Nansemond River | Isle of Wight, Suffolk | G12, G13, G14 | Fecal coliform | 3.89E+10 | cfu/year |
| 113. | Shingle Creek | Fecal Bacteria Total Maximum Daily Load for the Nansemond River | Suffolk | G13, K39 | Enterococci | 2.19E+10 | cfu/year |
| 114. | Nansemond River, upper | Fecal Bacteria Total Maximum Daily Load for the Nansemond River | Isle of Wight, Suffolk | G12, G13, G14 | Enterococci | 9.99E+10 | cfu/year |
| 115. | Nansemond River (Lake Meade) | Fecal Bacteria Total Maximum Daily Load for the Nansemond River | Suffolk | G12, G13 | Enterococci | 9.99E+10 | cfu/year |
| 116. | Pagan River, middle and upper | Fecal Bacteria Total Maximum Daily Load Development for Pagan River | Isle of Wight | G11 | Enterococci | 3.01E+12 | cfu/year |
| 117. | Pagan River and Jones Creek | Fecal Bacteria Total Maximum Daily Load Development for Pagan River | Isle of Wight | G11 | Fecal coliform | 2.15E+12 | cfu/year |
| 118. | Lower Reed Creek | Bacteria TMDL for Reed Creek | Bedford | H01 | E. coli | 0 | cfu/year |
| 119. | Beaver Creek | Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds | Albemarle | H23 | E. coli | 3.29E+10 | cfu/year |
| 120. | Mechums River | Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds | Albemarle | H23 | E. coli | 3.31E+10 | cfu/year |
| 121. | Preddy Creek | Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds | Greene, Albemarle | H27 | E. coli | 2.43E+11 | cfu/year |
| 122. | Rivanna River, North Fork | Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds | Greene, Albemarle | H27 | E. coli | 2.15E+12 | cfu/year |
| 123. | Meadow Creek | Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds | Charlottesville | H28 | E. coli | 3.89E+12 | cfu/year |
| 124. | Rivanna River | Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds | Charlottesville, Albemarle, Greene | H23, H24, H25, H26, H27, H28 | E. coli | 4.93E+12 | cfu/year |
| 125. | Rockfish River, North Fork | Bacteria Total Maximum Daily Load Development for Rockfish River, North Fork Rockfish River, and South Fork Rockfish River | Nelson | H15 | E. coli | 8.44E+11 | cfu/year |
| 126. | Rockfish River, South Fork | Bacteria Total Maximum Daily Load Development for Rockfish River, North Fork Rockfish River, and South Fork Rockfish River | Nelson | H15 | E. coli | 4.40E+12 | cfu/year |
| 127. | Rockfish River | Bacteria Total Maximum Daily Load Development for Rockfish River, North Fork Rockfish River, and South Fork Rockfish River | Nelson | H15, H16 | E. coli | 5.76E+12 | cfu/year |
| 128. | Tuckahoe Creek and tributaries | Bacteria TMDL for Tuckahoe Creek, Little Tuckahoe Creek, Anderson, Broad, Georges and Readers Branches, and Deep Run | Henrico, Goochland | H39 | E. coli | 1.05E+13 | cfu/year |
| 129. | Turner Creek | Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River | Amherst | H12 | E. coli | 1.57E+11 | cfu/year |
| 130. | Mill Creek | Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River | Amherst | H11 | E. coli | 2.08E+11 | cfu/year |
| 131. | Hat Creek | Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River | Nelson | H09 | E. coli | 6.02E+11 | cfu/year |
| 132. | Rutledge Creek | Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River | Amherst | H12 | E. coli | 1.15E+12 | cfu/year |
| 133. | Rucker Run | Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River | Nelson | H13 | E. coli | 1.32E+12 | cfu/year |
| 134. | Piney River | Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River | Amherst, Nelson | H10 | E. coli | 2.44E+12 | cfu/year |
| 135. | Buffalo River | Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River | Amherst | H11, H12 | E. coli | 2.54E+12 | cfu/year |
| 136. | Tye River | Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River | Amherst, Nelson | H09, H10, H11, H12, H13 | E. coli | 1.33E+13 | cfu/year |
| 137. | Upham Brook and tributaries | Total Maximum Daily Load Development for the Upham Brook Watershed | Henrico, Richmond City | G05 | E. coli | 8.04E+10 | cfu/year |
| 138. | White Oak Swamp | Bacteria TMDL for White Oak Swamp | Henrico | G06 | E. coli | 1.58E+12 | cfu/year |
| 139. | Willis River and tributaries | Fecal coliform TMDL Development for Willis River | Cumberland, Buckingham | H35, H36 | Fecal coliform | 3.15E+11 | cfu/year |
| 140. | North Creek | Benthic Total Maximum Daily Load (TMDL) Development for the North Creek Watershed | Fluvanna | H20R | Sediment | 7.29 | tons/yr |
| 141. | North Creek | Benthic Total Maximum Daily Load (TMDL) Development for the North Creek Watershed | Fluvanna | H20R | Total phosphorus | 187.3 | lbs/yr |
| Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria.
2GS means growing season. |
B. Stream segment classifications, effluent limitations including water quality based effluent limitations, and wasteload allocations.
| TABLE B1 - UPPER JAMES RIVER BASIN RECOMMENDED SEGMENT CLASSIFICATION |
| Stream Name | Segment No. | Mile to Mile | Classification | Comments |
| Maury River | 2-4 | 80.3-0.0 | E.L. | Main & tributaries |
| James River | 2-5 | 271.5-266.0 | W.Q. | Main only |
| James River | 2-6 | 266.0-115.0 | E.L. | Main & tributaries except Tye & Rivanna River |
| Tye River | 2-7 | 41.7-0.0 | E.L. | Main & tributaries except Rutledge Creek |
| Rutledge Creek | 2-8 | 3.0-0.0 | W.Q. | Main only |
| Piney River | 2-9 | 20.6-0.0 | E.L. | Main & tributaries |
| Rivanna River | 2-10 | 20.0-0.0 | E.L. | Main & tributaries |
| Rivanna River | 2-11 | 38.1-20.0 | W.Q. | Main only |
| Rivanna River | 2-12 | 76.7-38.1 | E.L. | Main & tributaries |
| S.F. Rivanna River | 2-13 | 12.2-0.0 | E.L. | Main & tributaries |
| Mechums River | 2-14 | 23.1-0.0 | E.L. | Main & tributaries |
| N.F. Rivanna River | 2-15 | 17.0-0.0 | E.L. | Main & tributaries except Standardsville Run |
| Standardsville Run | 2-16 | 1.2-0.0 | W.Q. | Main only |
| Appomattox River | 2-17 | 156.2-27.7 | E.L. | Main & tributaries except Buffalo Creek, Courthouse Branch, and Deep Creek |
| Buffalo Creek | 2-18 | 20.9-0.0 | E.L. | Main & tributaries except unnamed tributary @ R.M. 9.3 |
| Unnamed tributary of Buffalo Creek @ R.M. 9.3 | 2-19 | 1.3-0.0 | W.Q. | Main only |
| Courthouse Branch | 2-20 | 0.6-0.0 | W.Q. | Main only |
| Deep Creek | 2-21 | 29.5-0.0 | E.L. | Main & tributaries except unnamed tributary @ R.M. 25.0 |
| Unnamed tributary of Deep Creek @ R.M. 25.0 | 2-22 | 2.2-0.0 | W.Q. | Main only |
| TABLE B2 - UPPER JAMES RIVER BASIN LOAD ALLOCATIONS BASED ON EXISTING DISCHARGE POINT7 |
| Stream Name | Segment Number | Classification | Mile to Mile | Significant Discharges | Total Assimilative Capacity of Stream BOD5 lbs/day | Wasteload Allocation BOD5 lbs/day2 | Reserve BOD5 lbs/day5 |
| Cedar Creek | 2-3 | E.L. | 1.9-0.0 | Natural Bridge, Inc. STP | 35.0 | 28.0 | 7.0 (20%) |
| Elk Creek | 2-3 | E.L. | 2.8-0.0 | Natural Bridge Camp for Boys STP | 7.0 | 3.3 | 3.7 (53%) |
| Little Calfpasture River | 2-4 | E.L. | 10.9-4.0 | Craigsville | 12.0 | 9.6 | 2.4 (20%) |
| Cabin River | 2-4 | E.L. | 1.7-0.0 | Millboro | Self -sustaining | None | None |
| Maury River | 2-4 | E.L. | 19.6-12.2 | Lexington STP | 380.0 | 380.0 | None |
| Maury River | 2-4 | E.L. | 12.2-1.2 | Georgia Bonded Fibers | 760.0 | 102.03 | 238.0 (31%) |
| | | | | Buena Vista STP | | 420.0 | |
| Maury River | 2-4 | E.L. | 1.2-0.0 | Lees Carpets | 790.0 | 425.03 | 290.0 (37%) |
| | | | | Glasgow STP | | 75.0 | |
| James River | 2-5 | W.Q. | 271.5-266.0 | Owens-Illinois | 4,640.0 | 4,640.03 | None |
| James River | 2-6 | E.L. | 257.5-231.0 | Lynchburg STP | 10,100.0 | 8,000.0 | 2,060.0 (20%) |
| | | | | Babcock & Wilcox-NNFD | | 40.03 | |
| James River | 2-6 | E.L. | 231.0-202.0 | Virginia Fibre | 3,500.0 | 3,500.0 | None |
| Rutledge Creek | 2-8 | W.Q. | 3.0-0.0 | Amherst STP | 46.0 | 37.0 | 9.0 (20%) |
| Town Creek | 2-7 | E.L. | 2.1-0.0 | Lovingston STP | 26.0 | 21.0 | 5.0 (20%) |
| Ivy Creek | 2-6 | E.L. | 0.1-0.0 | Schuyler | 13.8 | 11.0 | 2.8 (20%) |
| James River | 2-6 | E.L. | 186.0-179.0 | Uniroyal, Inc. | 1,400.0 | 19.36 | 1,336.0 (95%) |
| | | | | Scottsville STP | | 45.0 | |
| North Creek | 2-6 | E.L. | 3.1-0.0 | Fork Union STP | 31.0 | 25.0 | 6.0 (20%) |
| Howells Branch and Licking Hole Creek | 2-14 | E.L. | 0.7-0.0 | Morton Frozen Foods | 20.0 | 20.03 | None |
| Standardsville Run | 2-16 | W.Q. | 1.2-0.0 | Standardsville STP | 17.9 | 14.3 | 3.6 (20%) |
| Rivanna River | 2-11 | W.Q. | 23.5-20.0 | Lake Monticello STP | 480.0 | 380.0 | 100.0 (20%) |
| Rivanna River | 2-10 | E.L. | 15.0-0.0 | Palmyra | 250.0 | 4.0 | 158.0 (63%) |
| | | | | Schwarzenbach Huber | | 88.03 | |
| Unnamed tributary of Whispering Creek | 2-6 | E.L. | 1.2-0.0 | Dillwyn STP | 38.0 | 30.0 | 8.0 (21%) |
| South Fork Appomattox River | 2-17 | E.L. | 5.5-0.0 | Appomattox Lagoon | 18.8 | 15.0 | 3.8 (20%) |
| Unnamed tributary of Buffalo Creek | 2-19 | W.Q. | 1.3-0.0 | Hampden-Sydney Coll. STP | 10.0 | 8.0 | 2.0 (20%) |
| Appomattox River | 2-17 | E.L. | 106.1-88.0 | Farmville STP | 280.0 | 220.0 | 60.0 (21%) |
| Unnamed tributary of Little Guinea Creek | 2-17 | E.L. | 2.5-1.3 | Cumberland H.S. Lagoon | 0.6 | 0.5 | 0.1 (20%) |
| Unnamed tributary of Tear Wallet Creek | 2-17 | E.L. | 0.68-0.0 | Cumberland Courthouse | 8.8 | 7.0 | 1.8 (20%) |
| Courthouse Branch | 2-22 | W.Q. | 2.2-0.0 | Amelia STP | 21.0 | 17.0 | 4.0 (20%) |
| Unnamed tributary of Deep Creek | 2-22 | W.Q. | 2.2-0.0 | Crewe STP | 50.311,12 | 50.111, 12 | 0.2 (0.4%)11,12,13 |
| Notes:
1Recommended classification. 2Based on 2020 loads or stream assimilative capacity less 20%. 3Load allocation based on published NPDES permits. 4This assimilative capacity is based upon an ammonia loading no greater than 125.1 lbs/day. 5Percentages refer to reserve as percent of total assimilative capacity. Minimum reserve for future growth and modeling accuracy is 20% unless otherwise noted. 6No NPDES Permits published (BPT not established) allocation base on maximum value monitored. 7This table is for the existing discharge point. The recommended plan may involve relocation or elimination of stream discharge. 8Assimilative capacity will be determined upon completion of the ongoing study by Hydroscience, Inc. 9Discharges into Karnes Creek, a tributary to the Jackson River. 10Discharges into Wilson Creek, near its confluence with Jackson River. 11Five-day Carbonaceous Biological Oxygen Demand (cBOD5). 12Revision supersedes all subsequent Crewe STP stream capacity, allocation, and reserve references. 130.4% reserve: determined by SWCB Piedmont Regional Office. Source: Wiley & Wilson, Inc. |
| TABLE B3 - UPPER JAMES RIVER BASIN ADDITIONAL LOAD ALLOCATIONS
BASED ON RECOMMENDED DISCHARGE POINT |
| Stream Name | Segment Number | Classification1 | | Significant Discharges | Total Assimilative Capacity of Stream BOD5 lbs/day | Wasteload2 Allocation BOD5 lbs/day | Reserve4 BOD5 lbs/day5 |
| Mill Creek | 2-4 | E.L. | 5.5-0.0 | Millboro | 30.0 | 7.3 | 22.7 (76%) |
| Calfpasture River | 2-4 | E.L. | 4.9-0.0 | Goshen | 65.0 | 12.0 | 53.0 (82%) |
| Maury River | 2-4 | E.L. | 1.2-0.0 | Lees Carpet | 790.0 | 425.03 | 235.0 (30%) |
| | | | | Glasgow Regional STP | | 130.0 | |
| Buffalo River | 2-7 | E.L. | 9.6-0.0 | Amherst STP | 150.0 | 120.0 | 30.0 (20%) |
| Rockfish River | 2-6 | E.L. | 9.5-0.0 | Schuyler STP | 110.0 | 25.0 | 85.0 (77%) |
| Standardsville Run | | E.L. | | Standardsville | Land Application Recommended | |
| South Fork Appomattox River | | E.L. | | Appomattox Lagoon | Connect to Recommended Facility in Roanoke River Basin |
| Buffalo Creek | 2-17 | E.L. | 9.3-7.7 | Hampden-Sydney College | 46.0 | 23.0 | 23.0 (50%) |
| Unnamed tributary of Tear Wallet Creek | | E.L. | | Cumberland Courthouse | Land Application Recommended | |
| Courthouse Branch | | E.L. | | Amelia | Land Application Recommended | |
| Deep Creek | 2-17 | E.L. | 25.0-12.8 | Crewe STP | 69.0 | 55.0 | 14.0 (20%) |
| Notes:
1Recommended classification. 2Based on 2020 loads or stream assimilative capacity less 20%. 3Load allocation based on published NPDES permit. 4Percentages refer to reserve as percent of total assimilative capacity. Minimum reserve for future growth and modeling accuracy is 20% unless otherwise noted. 5Assimilative capacity will be determined upon completion of the ongoing study by Hydroscience, Inc. Source: Wiley & Wilson, Inc. |
| TABLE B4 - SEGMENT CLASSIFICATION UPPER JAMES-JACKSON RIVER SUBAREA |
| Stream Name | Segment Number | Mile to Mile | Stream Classification | Comments |
| Back Creek | 2-1 | 16.06-8.46 | W.Q. | Main Only |
| Jackson River | 2-1 | 95.70-24.90 | E.L. | Main and Tributaries |
| Jackson River | 2-2 | 24.90-0.00 | W.Q. | Main Only |
| Jackson River | 2-2 | 24.90-0.00 | E.L. | Tributaries Only |
| James River | 2-3 | 349.50-308.50 | E.L. | Main and Tributaries |
| James River | 2-3 | 308.50-279.41 | E.L. | Main and Tributaries |
| TABLE B5 - UPPER JAMES-JACKSON RIVER SUBAREA WASTELOAD ALLOCATIONS BASED ON EXISTING DISCHARGE POINT1 |
| MAP LOCATION | STREAM NAME | SEGMENT NUMBER | SEGMENT CLASSIFICATION STANDARDS | MILE to2 MILE | DISCHARGER | VPDES PERMIT NUMBER | VPDES PERMIT LIMITS BOD5 kg/day | 303(e)3 WASTELOAD ALLOCATION BOD5 kg/day |
| 1 | Jackson River | 2-1 | E.L. | 93.05- | Virginia Trout | VA0071722 | N/A | Secondary |
| B | Warm Springs Run | 2-1 | E.L. | 3.62-0.00 | Warm Springs STP | VA0028233 | 9.10 | Secondary |
| 3 | Back Creek | 2-1 | W.Q. | 16.06-8.46 | VEPCO | VA0053317 | 11.50 | 11.50 |
| C | X-trib to Jackson River | 2-1 | E.L. | 0.40-0.0 | Bacova | VA0024091 | 9.10 | Secondary |
| D | Hot Springs Run | 2-1 | E.L. | 5.30-0.00 | Hot Springs Reg. STP | VA0066303 | 51.10 | Secondary |
| E | X-trib to Cascades Creek | 2-1 | E.L. | 3.00-0.00 | Ashwood-Healing Springs STP | VA0023726 | 11.30 | Secondary |
| F | Jackson River | 2-1 | E.L. | 50.36- | U.S. Forest Service Bolar Mountain | VA0032123 | 1.98 | Secondary |
| G | Jackson River | 2-1 | E.L. | 43.55 | U.S. Army COE Morris Hill Complex | VA0032115 | 1.70 | Secondary |
| H | Jackson River | 2-1 | E.L. | 29.84- | Alleghany County Clearwater Park | VA0027955 | 5.70 | Secondary |
| 4 | Jackson River | 2-1 | E.L. | 25.99 | Covington City Water Treatment Plant | VA0058491 | N/A | Secondary |
| 5 | Jackson River | 2-2 | W.Q. | 24.64-19.03 | Westvaco | VA0003646 | 4,195.00 | 4,195.004 |
| 6 | | | | | Covington City5 Asphalt Plant | VA0054411 | N/A | N/A |
| 7 | | | | | Hercules, Inc6 | VA0003450 | 94.00 | 94.00 |
| J | Jackson River | 2-2 | W.Q. | 19.03-10.5 | Covington STP | VA0025542 | 341.00 | 341.00 |
| K | Jackson River | | | 10.5-0.0 | Low Moor STP7 | VA0027979 | 22.70 | 22.70 |
| M | | | | | D.S. Lancaster CC8 | VA0028509 | 3.60 | 3.60 |
| L | | | | | Selma STP9 | VA0028002 | 59.00 | 59.00 |
| 10 | | | | | The Chessie System10 | VA0003344 | N/A | N/A |
| N | | | | | Clifton Forge STP11 | VA0002984 | 227.00 | 227.00 |
| 11 | | | | | Lydall12 | VA0002984 | 6.00 | 6.00 |
| P | | | | | Iron Gate STP13 | VA0020541 | 60.00 | 60.00 |
| 8 | Paint Bank Branch | 2-2 | E.L. | 1.52 | VDGIF Paint Bank Hatchery | VA0098432 | N/A | Secondary |
| I | Jerrys Run | 2-2 | E.L. | 6.72- | VDOT 1-64 Rest Area | VA0023159 | 0.54 | Secondary |
| AA | East Branch (Sulfer Spring) | 2-2 | E.L. | 2.16 | Norman F. Nicholas | VA0078403 | 0.05 | Secondary |
| BB | East Branch (Sulfer Spring) | 2-2 | E.L. | 1.91- | Daryl C. Clark | VA0067890 | 0.068 | Secondary |
| 9 | Smith Creek | 2-2 | E.L. | 3.44- | Clifton Forge Water Treatment Plant | VA0006076 | N/A | Secondary |
| O | Wilson Creek | 2-2 | E.L. | 0.20-0.0 | Cliftondale14 Park STP | VA0027987 | 24.00 | Secondary |
| 2 | Pheasanty Run | 2-3 | E.L. | 0.01- | Coursey Springs | VA0006491 | 434.90 | Secondary |
| Q | Grannys Creek | 2-3 | E.L. | 1.20- | Craig Spring Conference Grounds | VA0027952 | 3.40 | Secondary |
| CC | X-trib to Big Creek | 2-3 | E.L. | 1.10- | Homer Kelly Residence | VA0074926 | 0.05 | Secondary |
| 12 | Mill Creek | 2-3 | E.L. | 0.16- | Columbia Gas Transmission Corp. | VA0004839 | N/A | Secondary |
| R | John Creek | 2-3 | E.L. | 0.20- | New Castle STP (old) | VA0024139 | 21.00 | Secondary |
| S | Craig Creek | 2-3 | E.L. | 48.45-36.0 | New Castle STP (new) | VA0064599 | 19.90 | Secondary |
| T | Craig Creek | 2-3 | E.L. | 46.98- | Craig County Schools McCleary E.S. | VA0027758 | 0.57 | Secondary |
| DD | Eagle Rock Creek | 2-3 | E.L. | 0.08- | Eagle Rock STP15 (Proposed) | VA0076350 | 2.30 | Secondary |
| U | X-trib to Catawba Creek | 2-3 | E.L. | 0.16 | VDMH & R Catawba Hospital | VA0029475 | 13.60 | Secondary |
| 14 | Catawba Creek | 2-3 | E.L. | 23.84 | Tarmac-Lonestar | VA0078393 | 0.80 | Secondary |
| FF | Borden Creek | 2-3 | E.L. | 2.00- | Shenandoah Baptist Church Camp | VA0075451 | 0.88 | Secondary |
| EE | X-trib to Borden Creek | 2-3 | E.L. | 0.36 | David B. Pope | VA0076031 | 0.07 | Secondary |
| V | X-trib to Catawba Creek | 2-3 | E.L. | 3.21- | U.S. FHA Flatwood Acres | VA0068233 | 0.03 | Secondary |
| W | Catawba Creek | 2-3 | E.L. | 11.54- | Fincastle STP | VA0068233 | 8.50 | Secondary |
| X | Looney Mill Creek | 2-3 | E.L. | 1.83- | VDOT I-81 Rest Area | VA0023141 | 0.91 | Secondary |
| Y | X-trib to Stoney | 2-3 | E.L. | 0.57 | VDOC Field Unit No. 25 Battle Creek | VA0023523 | 1.10 | Secondary |
| Z | James River | 2-3 | E.L. | 308.5-286.0 | Buchanan STP | VA0022225 | 27.00 | Secondary |
| Notes: N/A Currently No BOD5 limits or wasteload have been imposed by the VPDES permit. Should BOD5 limits (wasteload) be imposed a WQMP amendment would be required for water quality limited segments only. 1Secondary treatment levels are required in effluent limiting (E.L.) segments. In water quality limiting (W.Q.) segments quantities listed represent wasteload allocations. 2Ending river miles have not been determined for some effluent limited segments. 3These allocations represent current and original (1977 WQMP) modeling. Future revisions may be necessary based on Virginia State Water Control Board modeling. 4The total assimilative capacity at critical stream flow for this portion of Segment 2-2 has been modeled and verified by Hydroscience, Inc. (March 1977) to be 4,914 kg/day BOD5. 5The discharge is to an unnamed tributary to the Jackson River at Jackson River mile 22.93. 6The discharge is at Jackson River mile 19.22. 7The discharge is to the mouth of Karnes Creek, a tributary to the Jackson River at Jackson River mile 5.44. 8The discharge is at Jackson River mile 6.67. 9The discharge is at Jackson River mile 5.14. 10The discharge is at Jackson River mile 4.72. 11The discharge is at Jackson River mile 3.46. 12The discharge is at Jackson River mile 1.17. |
| 13The discharge is at Jackson River mile 0.76. 14The discharge is to the mouth of Wilson Creek, a tributary to the Jackson River at Jackson River mile 2.44. 15The discharge is to the mouth of Eagle Rock Creek, a tributary to the Jackson River at Jackson River mile 330.35. |
| TABLE B6 - RICHMOND CRATER INTERIM WATER QUALITY MANAGEMENT PLAN STREAM CLASSIFICATIONS - JAMES RIVER BASIN |
| SEGMENT | SEGMENT NUMBER | MILE TO MILE | CLASSIFICATION |
| USGS HUC02080206 James River | 2-19 | 115.0-60.5 | W.Q. |
| USGS HUC02080207 Appomattox | 2-23 | 30.1-0.0 | W.Q. |
| Notes:
A new stream segment classification for the Upper James River Basin was adopted in 1981. The SWCB will renumber or realign these segments in the future to reflect these changes. This Plan covers only a portion of these segments. |
| TABLE B7 - RICHMOND CRATER INTERIM WATER QUALITY MANAGEMENT PLAN – CURRENT PERMITTED WASTELOADS (March 1988) |
| SUMMER (June-October) | | WINTER (November-May) |
| FLOW (mgd) | BOD5 | NH3-N1 | DO2 (mg/l) | FLOW (mgd) | BOD5 | NH3-N1 | DO2 (mg/l) |
| (lbs/d) | (mg/l) | (lbs/d) | (mg/l) | (lbs/d) | (mg/l) | (lbs/d) | (mg/l) |
| City of Richmond STP3 | 45.00 | 3002 | 8.0 | - | - | - | | 45.00 | 5367 | 14.3 | (lbs/d) | - | - |
| E.I. DuPont-Spruance | 8.68 | 936 | - | - | - | - | 8.68 | 936 | - | - | - | - |
| Falling Creek STP | 9.00 | 1202 | 16.0 | - | - | 5.9 | 9.00 | 2253 | 30.0 | - | - | 5.9 |
| Proctor's Creek STP | 6.40 | 1601 | 30.0 | - | - | 5.9 | 11.80 | 2952 | 30.0 | - | - | 5.9 |
| Reynolds Metals Company | 0.39 | 138 | - | 7 | - | - | 0.39 | 138 | - | - | - | - |
| Henrico STP | 30.00 | 3005 | 12.0 | - | - | 5.9 | 30.00 | 7260 | 29.0 | 7 | - | 5.9 |
| American Tobacco Company | 1.94 | 715 | - | - | - | - | 1.94 | 716 | - | - | - | - |
| ICI Americas, Inc. | 0.20 | 152 | - | - | - | - | 0.20 | 152 | - | - | - | - |
| Phillip Morris-Park 500 | 1.50 | 559 | - | - | - | - | 1.50 | 557 | - | - | - | - |
| Allied (Chesterfield) | 51.00 | 1207 | - | - | - | - | 51.00 | 1207 | | - | - | - |
| Allied (Hopewell) | 150.00 | 2500 | - | - | - | - | 150.00 | 2500 | - | - | - | - |
| Hopewell Regional WTF | 34.08 | 12507 | 44.0 | - | - | 4.8 | 34.08 | 12507 | 44.0 | - | - | 4.8 |
| Petersburg STP | 15.00 | 2804 | 22.4 | - | - | 5.0 | 15.00 | 2804 | 22.4 | - | - | 5.0 |
| TOTAL | 353.19 | 30328 | | | | | 358.59 | 39349 | | - | | |
| Notes:
1NH3-N values represent ammonia as nitrogen. 2Dissolved oxygen limits represent average minimum allowable levels. 3Richmond STP's BOD5 is permitted as CBOD5 |
| TABLE B7 - WASTELOAD ALLOCATIONS FOR THE YEAR 1990 |
| | SUMMER (June-October) | | WINTER (November-May) |
| FLOW (mgd) | CBOD5 | NH3-N1,3 | DO2 (mg/l) | CBOD5 | NH3-N1 | DO2 (mg/l) |
| (lbs/d) | (mg/l) | (lbs/d) | (mg/l) | (lbs/d) | (mg/l) | (lbs/d) | (mg/l) |
| City of Richmond STP | 45.00 | 3002 | 8.0 | 2403 | 6.4 | 5.6 | | 5367 | 14.3 | 5707 | 15.2 | 5.6 |
| E.I. DuPont-Spruance | 11.05 | 948 | | 590 | | 4.4 | 948 | | 756 | | 2.9 |
| Falling Creek STP | 10.10 | 1348 | 16.0 | 539 | 6.4 | 5.9 | 2023 | 24.0 | 1281 | 15.2 | 5.9 |
| Proctor's Creek STP | 12.00 | 1602 | 16.0 | 961 | 9.6 | 5.9 | 2403 | 24.0 | 1402 | 14.0 | 5.9 |
| Reynolds Metals Co. | 0.49 | 172 | | 8 | | 6.5 | 172 | | 8 | | 6.5 |
| Henrico STP | 30.00 | 3002 | 12.0 | 2403 | 9.6 | 5.6 | 4756 | 19.0 | 3504 | 44.0 | 5.6 |
| American Tobacco Co. | 2.70 | 715 | | 113 | | 5.8 | 715 | | 113 | | 5.8 |
| ICI Americas, Inc. | 0.20 | 167 | | 8 | | 5.8 | 167 | | 8 | | 3.1 |
| Phillip Morris-Park 500 | 2.20 | 819 | | 92 | | 4.6 | 819 | | 92 | | 4.6 |
| Allied (Chesterfield) | 53.00 | 1255 | | 442 | | 5.7 | 1255 | | 442 | | 5.7 |
| Allied (Hopewell) | 165.00 | 2750 | | 10326 | | 6.1 | 2750 | | 10326 | | 6.1 |
| Hopewell Regional WTF | 34.07 | 12502 | 44.0 | 12091 | 36.2 | 4.8 | 12502 | 44.0 | 10291 | 36.2 | 4.8 |
| Petersburg STP | 15.00 | 2802 | 22.4 | 801 | 6.4 | 5.0 | 2802 | 22.4 | 2028 | 16.2 | 5.0 |
| TOTAL | 380.81 | 31084 | | 28978 | | | 36679 | 35958 | | | |
| Notes:
1NH3-N values represent ammonia as nitrogen. 2Dissolved oxygen limits represent average minimum allowable levels. 3Allied (Hopewell) allocation may be redistributed to the Hopewell Regional WTF by VPDES permit. |
| TABLE B7 - WASTELOAD ALLOCATION FOR THE YEAR 2000 |
| | SUMMER (June-October) | | WINTER (November-May) |
| FLOW (mgd) | CBOD5 | NH3-N1,3 | DO2 (mg/l) | CBOD5 | NH3-N1 | DO2 (mg/l) |
| (lbs/d) | (mg/l) | (lbs/d) | (mg/l) | (lbs/d) | (mg/l) | (lbs/d) | (mg/l) |
| City of Richmond STP | 45.08 | 3002 | 8.0 | 2403 | 6.4 | 5.6 | | 5367 | 14.3 | 5707 | 15.2 | 5.6 |
| E.I. DuPont-Spruance | 196.99 | 948 | | 590 | | 4.4 | 948 | | 756 | | 2.9 |
| Falling Creek STP | 10.10 | 1348 | 16.0 | 539 | 6.4 | 5.9 | 2023 | 24.0 | 1281 | 15.2 | 5.9 |
| Proctor's Creek STP | 16.80 | 1602 | 11.4 | 961 | 6.9 | 5.9 | 2403 | 17.1 | 1402 | 10.0 | 5.9 |
| Reynolds Metals Co. | 0.78 | 172 | | 13 | | 6.5 | 172 | | 13 | | 6.5 |
| Henrico STP | 32.80 | 3002 | 11.0 | 2403 | 8.8 | 5.6 | 4756 | 17.4 | 3504 | 12.8 | 5.6 |
| American Tobacco Co. | 3.00 | 715 | | 113 | | 5.8 | 715 | | 113 | | 5.8 |
| ICI Americas, Inc. | 0.20 | 167 | | 8 | | 5.8 | 167 | | 8 | | 3.1 |
| Phillip Morris-Park 500 | 2.90 | 819 | | 92 | | 4.6 | 819 | | 92 | | 4.6 |
| Allied (Chesterfield) | 56.00 | 1255 | | 442 | | 5.7 | 1255 | | 442 | | 5.7 |
| Allied (Hopewell) | 170.00 | 2750 | | 10326 | | 6.1 | 2750 | | 10326 | | 6.1 |
| Hopewell Regional WTF | 36.78 | 12502 | 40.7 | 12091 | 33.5 | 4.8 | 12502 | 40.7 | 10291 | 33.5 | 4.8 |
| Petersburg STP | 15.00 | 2802 | 22.4 | 801 | 6.4 | 5.0 | 2802 | 22.4 | 2028 | 16.2 | 5.0 |
| TOTAL | 406.43 | 31084 | | 28982 | | | 36679 | | 35963 | | |
| Notes:
1NH3-N values represent ammonia as nitrogen. 2Dissolved oxygen limits represent average minimum allowable levels. 3Allied (Hopewell) allocation may be redistributed to the Hopewell Regional WTF by VPDES permit. |
| TABLE B7 - WASTELOAD ALLOCATIONS FOR THE YEAR 2010 |
| | SUMMER (June-October) | | WINTER (November-May) |
| FLOW (mgd) | CBOD5 | NH3-N1,3 | DO2 (mg/l) | CBOD5 | NH3-N1 | DO2 (mg/l) |
| (lbs/d) | (mg/l) | (lbs/d) | (mg/l) | (lbs/d) | (mg/l) | (lbs/d) | (mg/l) |
| City of Richmond STP | 45.86 | 3002 | 7.8 | 2403 | 6.3 | 5.6 | | 5367 | 14.0 | 5707 | 14.9 | 5.6 |
| E.I. DuPont-Spruance | 16.99 | 948 | | 590 | | 4.4 | 948 | | 756 | | 2.9 |
| Falling Creek STP | 10.10 | 1348 | 16.0 | 539 | 6.4 | 5.9 | 2023 | 24.0 | 1281 | 15.2 | 5.9 |
| Proctor's Creek STP | 24.00 | 1602 | 8.0 | 961 | 4.8 | 5.9 | 2403 | 12.0 | 1402 | 7.0 | 5.9 |
| Reynolds Metals Co. | 0.78 | 172 | | 13 | | 6.5 | 172 | | 13 | | 6.5 |
| Henrico STP | 38.07 | 3002 | 9.5 | 2403 | 7.6 | 5.6 | 4756 | 15.0 | 3504 | 11.0 | 5.6 |
| American Tobacco Co. | 3.00 | 715 | | 113 | | 5.8 | 715 | | 113 | | 5.8 |
| ICI Americas, Inc. | 0.20 | 167 | | 8 | | 5.8 | 167 | | 8 | | 3.1 |
| Phillip Morris-Park 500 | 2.90 | 819 | | 92 | | 4.6 | 819 | | 92 | | 4.6 |
| Allied (Chesterfield) | 56.00 | 1255 | | 442 | | 5.7 | 1255 | | 442 | | 5.7 |
| Allied (Hopewell) | 180.00 | 2750 | | 10326 | | 6.1 | 2750 | | 10326 | | 6.1 |
| Hopewell Regional WTF | 39.61 | 12502 | 37.8 | 10291 | 31.1 | 4.8 | 12502 | 37.8 | 10291 | 31.1 | 4.8 |
| Petersburg STP | 15.00 | 2802 | 22.4 | 801 | 6.4 | 5.0 | 2802 | 22.4 | 2028 | 16.2 | 5.0 |
| TOTAL | 432.1 | 31084 | | 28982 | | | 36679 | | 35963 | | |
| Notes:
1NH3-N values represent ammonia as nitrogen. 2Dissolved oxygen limits represent average minimum allowable levels. 3Allied (Hopewell) allocation may be redistributed to the Hopewell Regional WTF by VPDES permit. |
C. Nitrogen and phosphorus wasteload allocations to restore the Chesapeake Bay and its tidal rivers.
The following table presents nitrogen and phosphorus wasteload allocations for the identified significant dischargers and the total nitrogen and total phosphorus wasteload allocations for the listed facilities.
| Virginia Waterbody ID | Discharger Name | VPDES Permit No. | Total Nitrogen (TN) Wasteload Allocation (lbs/yr) | Total Phosphorus (TP) Wasteload Allocation (lbs/yr) |
| I37R | Buena Vista STP | VA0020991 | 41,115 | 3,426 |
| I09R | Clifton Forge STP | VA0022772 | 36,547 | 3,046 |
| I09R | Covington STP | VA0025542 | 54,820 | 4,568 |
| H02R | Georgia Pacific | VA0003026 | 122,489 | 49,658 |
| I37R | Lees Carpets | VA0004677 | 30,456 | 12,182 |
| I35R | Lexington-Rockbridge WQCF | VA0088161 | 54,820 | 4,568 |
| I09R | Low Moor STP | VA0027979 | 9,137 | 761 |
| I09R | Lower Jackson River STP | VA0090671 | 27,410 | 2,284 |
| I04R | MeadWestvaco | VA0003646 | 394,400 | 159,892 |
| H12R | Amherst STP | VA0031321 | 10,964 | 914 |
| H05R | BWX Technologies Inc. | VA0003697 | 187,000 | 1,523 |
| H05R | Greif Inc. | VA0006408 | 73,246 | 29,694 |
| H31R | Lake Monticello STP | VA0024945 | 18,182 | 1,515 |
| H05R | Lynchburg STP1 | VA0024970 | 536,019 | 33,501 |
| H28R | Moores Creek Regional STP | VA0025518 | 274,100 | 22,842 |
| H38R | Powhatan CC STP | VA0020699 | 8,588 | 716 |
| J11R | Crewe WWTP | VA0020303 | 9,137 | 761 |
| J01R | Farmville WWTP | VA0083135 | 43,856 | 3,655 |
| G02E | R. J. Reynolds | VA0002780 | 25,583 | 1,919 |
| G01E | E I du Pont - Spruance | VA0004669 | 201,080 | 7,816 |
| G01E | Falling Creek WWTP | VA0024996 | 153,801 | 15,380 |
| G01E | Henrico County WWTP | VA0063690 | 1,142,085 | 114,209 |
| G03E | Honeywell – Hopewell | VA0005291 | 1,090,798 | 51,592 |
| G03R | Hopewell WWTP | VA0066630 | 1,827,336 | 76,139 |
| G15E | HRSD – Boat Harbor STP | VA0081256 | 740,000 | 76,139 |
| G11E | HRSD – James River STP | VA0081272 | 1,250,000 | 60,911 |
| G10E | HRSD – Williamsburg STP | VA0081302 | 800,000 | 68,525 |
| G02E | Philip Morris – Park 500 | VA0026557 | 139,724 | 2,650 |
| G01E | Proctors Creek WWTP | VA0060194 | 411,151 | 41,115 |
| G01E | Richmond WWTP1 | VA0063177 | 1,096,402 | 68,525 |
| G02E | Dominion-Chesterfield2 | VA0004146 | 352,036 | 210 |
| J15R | South Central WW Authority | VA0025437 | 350,239 | 35,024 |
| G07R | Chickahominy WWTP | VA0088480 | 6,167 | 123 |
| G05R | Tyson Foods – Glen Allen | VA0004031 | 19,552 | 409 |
| G11E | HRSD – Nansemond STP | VA0081299 | 750,000 | 91,367 |
| G15E | HRSD – Army Base STP | VA0081230 | 610,000 | 54,820 |
| G15E | HRSD – VIP WWTP | VA0081281 | 750,000 | 121,822 |
| G15E | JH Miles & Company | VA0003263 | 153,500 | 21,500 |
| C07E | HRSD – Ches.-Elizabeth STP | VA0081264 | 1,100,000 | 108,674 |
| | TOTALS | | 14,901,739 | 1,354,375 |
| Notes:
1Wasteload allocations for localities served by combined sewers are based on dry weather design flow capacity. During wet weather flow events the discharge shall achieve a TN concentration of 8.0 mg/l and a TP concentration of 1.0 mg/l. 2Wasteload allocations are "net" loads, based on the portion of the nutrient discharge introduced by the facility's process waste streams, and not originating in raw water intake. |
9VAC25-720-80. Roanoke River Basin.
A. Total maximum daily loads (TMDLs).
| TMDL # | Stream Name | TMDL Title | City/County | WBID | Pollutant | WLA1 | Units |
| 1. | Ash Camp Creek | Total Maximum Daily Load Development for Ash Camp Creek | Charlotte | L39R | Sediment | 20.7 | T/YR |
| 2. | North Fork Blackwater River | Total Maximum Daily Load (TMDL) Development for the Upper Blackwater River Watershed | Franklin | L08R | Sediment | 0 | T/YR |
| 3. | North Fork Blackwater River | Total Maximum Daily Load (TMDL) Development for the Upper Blackwater River Watershed | Franklin | L08R | Phosphorus | 0 | T/YR |
| 4. | Upper Blackwater River | Total Maximum Daily Load (TMDL) Development for the Upper Blackwater River Watershed | Franklin | L08R | Sediment | 0.526 | T/YR |
| 5. | Flat Creek | Benthic TMDL for Flat Creek Watershed, Virginia | Mecklenburg | L79R | Sediment | 76.2 | T/YR |
| 6. | Twittys Creek | Benthic TMDL for Twittys Creek Watershed, Virginia | Charlotte | L39R | Sediment | 20.4 | T/YR |
| 7. | Roanoke River | Benthic TMDL Development for the Roanoke River, Virginia | Roanoke, Montgomery, Floyd, Botetourt, Salem, Roanoke | L04R | Sediment | 5,189 | T/YR |
| 8. | North Fork Roanoke River | Roanoke River PCB TMDL Development | Montgomery | L02R | tPCB | 28.2 | MG/YR |
| 9. | South Fork Roanoke River | Roanoke River PCB TMDL Development | Montgomery | L01R | tPCB | 230.2 | MG/YR |
| 10. | Masons Creek | Roanoke River PCB TMDL Development | Roanoke | L03R, L04R | tPCB | 9.1 | MG/YR |
| 11. | Peters Creek | Roanoke River PCB TMDL Development | Botetourt, Roanoke | L04R | tPCB | 65.4 | MG/YR |
| 12. | Tinker Creek | Roanoke River PCB TMDL Development | Botetourt, Roanoke | L05R | tPCB | 103.9 | MG/YR |
| 13. | Wolf Creek | Roanoke River PCB TMDL Development | Bedford | L21R | tPCB | 10.0 | MG/YR |
| 14. | UT to Roanoke River | Roanoke River PCB TMDL Development | Bedford | L21R | tPCB | 0.5 | MG/YR |
| 15. | Roanoke River, upper | Roanoke River PCB TMDL Development | Montgomery, Botetourt, Roanoke | L03R, L04R, L12L | tPCB | 28,157.7 | MG/YR |
| 16. | Goose Creek | Roanoke River PCB TMDL Development | Bedford, Campbell, Pittsylvania | L20R, L21R L22R | tPCB | 0.1 | MG/YR |
| 17. | Sycamore Creek | Roanoke River PCB TMDL Development | Pittsylvania | L19R | tPCB | 1.4 | MG/YR |
| 18. | Lynch Creek | Roanoke River PCB TMDL Development | Campbell | L19R | tPCB | 0.1 | MG/YR |
| 19. | Reed Creek | Roanoke River PCB TMDL Development | Pittsylvania | L19R | tPCB | 0.0 | MG/YR |
| 20. | X-Trib | Roanoke River PCB TMDL Development | Campbell | L19R | tPCB | 0.1 | MG/YR |
| 21. | UT to Roanoke River | Roanoke River PCB TMDL Development | Campbell | L19R | tPCB | 0.1 | MG/YR |
| 22. | Little Otter River | Roanoke River PCB TMDL Development | Bedford, Campbell | L26R | tPCB | 0.0 | MG/YR |
| 23. | Big Otter River | Roanoke River PCB TMDL Development | Bedford, Campbell | L23R | tPCB | 0.0 | MG/YR |
| 24. | Straightstone Creek | Roanoke River PCB TMDL Development | Pittsylvania | L30R | tPCB | 0.0 | MG/YR |
| 25. | Seneca Creek | Roanoke River PCB TMDL Development | Campbell | L31R | tPCB | 0.0 | MG/YR |
| 26. | Whipping Creek | Roanoke River PCB TMDL Development | Campbell | L30R | tPCB | 0.0 | MG/YR |
| 27. | Falling River | Roanoke River PCB TMDL Development | Appomattox, Campbell | L32R | tPCB | 0.0 | MG/YR |
| 28. | Childrey Creek | Roanoke River PCB TMDL Development | Halifax | L30R | tPCB | 0.0 | MG/YR |
| 29. | Catawba Creek | Roanoke River PCB TMDL Development | Halifax | L36R | tPCB | 0.0 | MG/YR |
| 30. | Turnip Creek | Roanoke River PCB TMDL Development | Charlotte | L36R | tPCB | 0.0 | MG/YR |
| 31. | Hunting Creek | Roanoke River PCB TMDL Development | Halifax | L38R | tPCB | 0.0 | MG/YR |
| 32. | Cub Creek | Roanoke River PCB TMDL Development | Appomattox, Charlotte | L37R | tPCB | 0.0 | MG/YR |
| 33. | Black Walnut Creek | Roanoke River PCB TMDL Development | Halifax | L38R | tPCB | 0.8 | MG/YR |
| 34. | Roanoke Creek | Roanoke River PCB TMDL Development | Charlotte | L39R | tPCB | 0.0 | MG/YR |
| 35. | Difficult Creek | Roanoke River PCB TMDL Development | Halifax | L41R | tPCB | 0.0 | MG/YR |
| 36. | Roanoke River | Roanoke River PCB TMDL Development | Appomattox, Campbell, Charlotte, Pittsylvania, Halifax | L19R | tPCB | 1,931.8 | MG/YR |
| 37. | Winn Creek | Bacterial TMDL Development for the Banister River and Winn Creek Watersheds | Halifax | L71 | E. coli | 5.25E+10 | cfu/year |
| 38. | Banister River | Bacterial TMDL Development for the Banister River and Winn Creek Watersheds | Halifax | L71 | E. coli | 1.17E+12 | cfu/year |
| 39. | Banister River | Bacteria TMDL Development for the Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitehorn Creek Watersheds | Pittsylvania, Halifax | L65, L66, L67, L68, L69, L70, L71 | E. coli | 2.78E+10 | cfu/year |
| 40. | Polecat Creek | Bacteria TMDL Development for the Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitehorn Creek Watersheds | Halifax | L71 | E. coli | 8.40E+10 | cfu/year |
| 41. | Bearskin Creek | Bacteria TMDL Development for the Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitehorn Creek Watersheds | Pittsylvania | L65 | E. coli | 9.18E+10 | cfu/year |
| 42. | Stinking River | Bacteria TMDL Development for the Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitehorn Creek Watersheds | Pittsylvania | L69 | E. coli | 1.50E+11 | cfu/year |
| 43. | Banister River | Bacteria TMDL Development for the Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitehorn Creek Watersheds | Pittsylvania | L65 | E. coli | 1.52E+11 | cfu/year |
| 44. | Sandy Creek | Bacteria TMDL Development for the Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitehorn Creek Watersheds | Pittsylvania | L70 | E. coli | 3.94E+11 | cfu/year |
| 45. | Whitehorn Creek | Bacteria TMDL Development for the Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitehorn Creek Watersheds | Pittsylvania | L68 | E. coli | 3.06E+12 | cfu/year |
| 46. | Cherrystone Creek | Bacteria TMDL Development for the Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitehorn Creek Watersheds | Pittsylvania | L66 | E. coli | 5.86E+12 | cfu/year |
| 47. | Beaverdam Creek, lower | Bacteria TMDL for Beaverdam Creek | Bedford | L07 | E. coli | 1.39E+10 | cfu/year |
| 48. | Big Otter River | Fecal Coliform TMDL for Sheep Creek, Elk Creek, Machine Creek, Little Otter River, and Lower Big Otter River | Campbell, Bedford | L23, L24, L25, L26, L27, L28, L29 | Fecal coliform | 1.00E+11 | cfu/year |
| 49. | Big Otter River and Elk Creek | Fecal Coliform TMDL for Sheep Creek, Elk Creek, Machine Creek, Little Otter River, and Lower Big Otter River | Bedford | L25 | Fecal coliform | 1.19E+12 | cfu/year |
| 50. | Big Otter River and Falling Creek | Fecal Coliform TMDL for Sheep Creek, Elk Creek, Machine Creek, Little Otter River, and Lower Big Otter River | Bedford | L27 | Fecal coliform | 1.00E+11 | cfu/year |
| 51. | Big Otter River and Sheep Creek | Fecal Coliform TMDL for Sheep Creek, Elk Creek, Machine Creek, Little Otter River, and Lower Big Otter River | Bedford | L23 | Fecal coliform | 1.00E+11 | cfu/year |
| 52. | Machine Creek | Fecal Coliform TMDL for Sheep Creek, Elk Creek, Machine Creek, Little Otter River, and Lower Big Otter River | Bedford | L26 | Fecal coliform | 1.00E+11 | cfu/year |
| 53. | Little Otter River | Fecal Coliform TMDL for Sheep Creek, Elk Creek, Machine Creek, Little Otter River, and Lower Big Otter River | Bedford | L26 | Fecal coliform | 5.65E+12 | cfu/year |
| 54. | Birch Creek | Bacteria TMDL for Birch Creek Watershed | Halifax | L63 | E. coli | 0 | cfu/year |
| 55. | Byrds Branch2 | Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds | Halifax | L62 | E. coli | 5.22E+09 | cfu/year |
| 56. | Sandy Creek2 | Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds | Pittsylvania | L59 | E. coli | 5.22E+09 | cfu/year |
| 57. | Blackberry Creek2 | Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds | Henry | L52 | E. coli | 6.72E+10 | cfu/year |
| 58. | Double Creek2 | Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds | Pittsylvania | L62 | E. coli | 7.56E+10 | cfu/year |
| 59. | Fall Creek2 | Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds | Pittsylvania, Danville | L61 | E. coli | 9.06E+10 | cfu/year |
| 60. | Sandy River2 | Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds | Pittsylvania | L58 | E. coli | 1.08E+11 | cfu/year |
| 61. | Marrowbone Creek2 | Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds | Henry | L55 | E. coli | 1.21E+11 | cfu/year |
| 62. | North Mayo River2 | Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds | Patrick, Henry | L46, L47 | E. coli | 2.44E+11 | cfu/year |
| 63. | Leatherwood Creek2 | Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds | Henry | L56 | E. coli | 3.49E+11 | cfu/year |
| 64. | South Mayo River2 | Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds | Patrick | L43, L44, L45 | E. coli | 5.11E+11 | cfu/year |
| 65. | Smith River2 | Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds | Franklin, Henry, Martinsville | L52, L53 | E. coli | 8.94E+11 | cfu/year |
| 66. | Dan River2 | Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds | Patrick, Martinsville, Danville, Halifax, Henry, Pittsylvania | L42, L43, L44, L45, L46, L47, L48, L49, L50, L51, L52, L53, L54, L55, L56, L57, L58, L59, L60, L61, L62, L63, L64, L73 | E. coli | 1.76E+13 | cfu/year |
| 67. | Smith River2 | Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds | Patrick, Henry, Martinsville, Franklin | L50, L51, L52, L53, L54, L55, L56 | E. coli | 1.04E+14 | cfu/year |
| 68. | Falling River | Bacteria TMDL for Falling River Watershed | Campbell, Appomattox | L32, J33, J34, J35 | E. coli | 9.05E+11 | cfu/year |
| 69. | Flat Creek | Bacteria TMDL for Flat Creek | Mecklenburg | L79 | E. coli | 3.48E+12 | cfu/year |
| 70. | Gills Creek | Total Maximum Daily Load for Fecal Coliform for Gills Creek | Franklin | L11 | Fecal coliform | 2.01E+12 | cfu/year |
| 71. | Great Creek | Bacteria TMDL for Great Creek | Mecklenburg | L80 | E. coli | 3.52E+09 | cfu/year |
| 72. | Lower Blackwater River and tributaries | Total Maximum Daily Load of Fecal Coliform for the Lower Blackwater River | Franklin | L08, L09, L10 | Fecal coliform | 1.81E+11 | cfu/year |
| 73. | Maggodee Creek and Mollie Branch | Fecal Coliform TMDL Development for Maggodee Creek | Franklin | L09 | Fecal coliform | 8.28E+10 | cfu/year |
| 74. | Middle Blackwater River, Little Creek, and Teels Creek | Fecal Coliform TMDL Development for Middle Blackwater River | Franklin | L08 | Fecal coliform | 9.55E+10 | cfu/year |
| 75. | North Fork Blackwater River | Fecal Coliform TMDL Development for North Fork of the Blackwater River | Franklin | L08 | Fecal coliform | 0 | cfu/year |
| 76. | Old Womans Creek | Bacteria Total Maximum Daily Load Development for Pigg River, Snow Creek, Story Creek, and Old Womans Creek | Pittsylvania | L13 | E. coli | 7.00E+10 | cfu/year |
| 77. | Upper Pigg River | Bacteria Total Maximum Daily Load Development for Pigg River, Snow Creek, Story Creek, and Old Womans Creek | Franklin | L14 | E. coli | 4.83E+11 | cfu/year |
| 78. | Story Creek | Bacteria Total Maximum Daily Load Development for Pigg River, Snow Creek, Story Creek, and Old Womans Creek | Franklin | L14 | E. coli | 6.99E+11 | cfu/year |
| 79. | Snow Creek | Bacteria Total Maximum Daily Load Development for Pigg River, Snow Creek, Story Creek, and Old Womans Creek | Franklin, Henry, Pittsylvania | L17 | E. coli | 8.60E+11 | cfu/year |
| 80. | Pigg River - Leesville Lake | Bacteria Total Maximum Daily Load Development for Pigg River, Snow Creek, Story Creek, and Old Womans Creek | Pittsylvania, Franklin | L14, L15, L16, L17, L18 | E. coli | 3.51E+12 | cfu/year |
| 81. | South Fork Blackwater River, lower and tributaries | Fecal Coliform TMDL Development for South Fork of the Blackwater River | Franklin | L08 | Fecal coliform | 2.80E+09 | cfu/year |
| 82. | South Mayo River | Bacteria TMDL for South Mayo River | Patrick | L43, L44, L45 | E. coli | 1.04E+12 | cfu/year |
| 83. | Unnamed tributary to Buffalo Creek | Bacteria TMDLs for the Cub Creek, Turnip Creek, Buffalo Creek, Buffalo Creek (UT), and Staunton River Watersheds | Charlotte | L40 | E. coli | 1.65E+08 | cfu/year |
| 84. | Buffalo Creek | Bacteria TMDLs for the Cub Creek, Turnip Creek, Buffalo Creek, Buffalo Creek (UT), and Staunton River Watersheds | Charlotte | L40 | E. coli | 2.06E+09 | cfu/year |
| 85. | Turnip Creek | Bacteria TMDLs for the Cub Creek, Turnip Creek, Buffalo Creek, Buffalo Creek (UT), and Staunton River Watersheds | Charlotte | L36 | E. coli | 1.30E+10 | cfu/year |
| 86. | Cub Creek | Bacteria TMDLs for the Cub Creek, Turnip Creek, Buffalo Creek, Buffalo Creek (UT), and Staunton River Watersheds | Charlotte, Appomattox | L37 | E. coli | 1.43E+11 | cfu/year |
| 87. | Staunton (Roanoke) River | Bacteria TMDLs for the Cub Creek, Turnip Creek, Buffalo Creek, Buffalo Creek (UT), and Staunton River Watersheds | Charlotte, Bedford, Halifax, Campbell, Franklin, Pittsylvania | L07, L08, L09, L10, L11, L12, L13, L14, L15, L16, L17, L18, L19, L20, L21, L22, L23, L24, L25, L26, L27, L28, L29, L30, L31, L32, L33, L34, L35, L36, L37, L38, L39, L40, L41 | E. coli | 2.34E+13 | cfu/year |
| 88. | Lick Run | Fecal Coliform Total Maximum Daily Load Development for Glade Creek, Tinker Creek, Carvin Creek, Laymantown Creek and Lick Run | Roanoke City | L05 | E. coli | 7.17E+10 | cfu/year |
| 89. | Glade Creek | Fecal Coliform Total Maximum Daily Load Development for Glade Creek, Tinker Creek, Carvin Creek, Laymantown Creek and Lick Run | Botetourt | L05 | E. coli | 4.00E+11 | cfu/year |
| 90. | Laymantown Creek | Fecal Coliform Total Maximum Daily Load Development for Glade Creek, Tinker Creek, Carvin Creek, Laymantown Creek and Lick Run | Botetourt | L05 | E. coli | 4.36E+11 | cfu/year |
| 91. | Tinker Creek | Fecal Coliform Total Maximum Daily Load Development for Glade Creek, Tinker Creek, Carvin Creek, Laymantown Creek and Lick Run | Roanoke, Roanoke City, Botetourt | L05 | E. coli | 5.07E+12 | cfu/year |
| 92. | Carvin Creek | Fecal Coliform Total Maximum Daily Load Development for Glade Creek, Tinker Creek, Carvin Creek, Laymantown Creek and Lick Run | Botetourt | L05 | E. coli | 5.24E+12 | cfu/year |
| 93. | Upper Blackwater River | Fecal Coliform TMDL Development for Upper Blackwater River | Franklin | L08 | Fecal coliform | 0 | cfu/year |
| 94. | Wilson Creek | Bacteria TMDLs for Wilson Creek, Ore Branch and Roanoke River Watersheds | Montgomery | L02 | E. coli | 6.65E+09 | cfu/year |
| 95. | Ore Branch | Bacteria TMDLs for Wilson Creek, Ore Branch and Roanoke River Watersheds | Roanoke City | L04 | E. coli | 2.17E+10 | cfu/year |
| 96. | Roanoke River | Bacteria TMDLs for Wilson Creek, Ore Branch and Roanoke River Watersheds | Roanoke, Roanoke City, Salem, Montgomery, Botetourt | L01, L02, L03, L04, L05, L06 | E. coli | 1.10E+14 | cfu/year |
| 97. | Lower Buffalo Creek | TMDLs for Benthic Impairments in Little Otter River (Sediment and Total Phosphorus), Johns Creek, Wells Creek, and Buffalo Creek (Sediment) | Town of Bedford, Bedford, Campbell | L27R | Sediment | 13.99 | tons/yr |
| 98. | Upper Buffalo Creek | TMDLs for Benthic Impairments in Little Otter River (Sediment and Total Phosphorus), Johns Creek, Wells Creek, and Buffalo Creek (Sediment) | Town of Bedford, Bedford, Campbell | L27R | Sediment | 25.51 | tons/yr |
| 99. | Lower Little Otter River | TMDLs for Benthic Impairments in Little Otter River (Sediment and Total Phosphorus), Johns Creek, Wells Creek, and Buffalo Creek (Sediment) | Town of Bedford, Bedford, Campbell | L26R | Sediment | 172.81 | tons/yr |
| 100. | Upper Little Otter River | TMDLs for Benthic Impairments in Little Otter River (Sediment and Total Phosphorus), Johns Creek, Wells Creek, and Buffalo Creek (Sediment) | Town of Bedford, Bedford, Campbell | L26R | Sediment | 24.00 | tons/yr |
| 101. | Johns Creek | TMDLs for Benthic Impairments in Little Otter River (Sediment and Total Phosphorus), Johns Creek, Wells Creek, and Buffalo Creek (Sediment) | Town of Bedford, Bedford, Campbell | L26R | Sediment | 32.86 | tons/yr |
| 102. | Wells Creek | TMDLs for Benthic Impairments in Little Otter River (Sediment and Total Phosphorus), Johns Creek, Wells Creek, and Buffalo Creek (Sediment) | Town of Bedford, Bedford, Campbell | L26R | Sediment | 1.49 | tons/yr |
| 103. | Lower Little Otter River | TMDLs for Benthic Impairments in Little Otter River (Sediment and Total Phosphorus), Johns Creek, Wells Creek, and Buffalo Creek (Sediment) | Town of Bedford, Bedford, Campbell | L26R | Total phosphorus | 2209.2 | lbs/yr |
| 104. | Aarons Creek | Bacteria TMDL Development for Hyco River, Aarons Creek, Little Buffalo Creek, and Beech Creek Located in Halifax and Mecklenburg Counties, Virginia | Halifax, Mecklenburg | L73R | E. coli | 3.54E+11 | cfu/yr |
| 105. | Hyco River | Bacteria TMDL Development for Hyco River, Aarons Creek, Little Buffalo Creek, and Beech Creek Located in Halifax and Mecklenburg Counties, Virginia | Halifax, Mecklenburg | L74R | E. coli | 2.72E+12 | cfu/yr |
| 106. | Beech Creek | Bacteria TMDL Development for Hyco River, Aarons Creek, Little Buffalo Creek, and Beech Creek Located in Halifax and Mecklenburg Counties, Virginia | Halifax, Mecklenburg | L75R | E. coli | 5.06E+10 | cfu/yr |
| 107. | Little Buffalo Creek | Bacteria TMDL Development for Hyco River, Aarons Creek, Little Buffalo Creek, and Beech Creek Located in Halifax and Mecklenburg Counties, Virginia | Halifax, Mecklenburg | L76R | E. coli | 1.02E+11 | cfu/yr |
| 108. | Coleman Creek | Sediment TMDL Development for the Coleman Creek Watershed Located in Halifax County, Virginia | Halifax | L74R | Sediment | 22.3 | tons/yr |
| Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria. 2WLAs from the Dan River TMDL report represent the WLA for the watershed, which may include North Carolina waters in addition to Virginia waters. Virginia permits will be issued in accordance with the Virginia water quality standard. |
B. Non-TMDL wasteload allocations.
| Water Body | Permit No. | Facility Name | Outfall No. | Receiving Stream | River Mile | Parameter Description | WLA | Units WLA |
| VAW-L04R | VA0072389 | Oak Ridge Mobile Home Park | 001 | Falling Creek UT | 0.32 | BOD5 | 0.85 | KG/D |
| VAW-L04R | VA0025020 | Roanoke City Regional Water Pollution Control Plant | 001 | Roanoke River | 201.81 | BOD5 | 1173 | KG/D |
| TKN, APR-SEP | 318 | KG/D |
| TKN, OCT-MAR | 636 | KG/D |
| | | | 001 | Roanoke River | 201.81 | BOD5 | 1173 | KG/D |
| TKN, APR-SEP | 416 | KG/D |
| TKN, OCT-MAR | 832 | KG/D |
| | | | 001 | Roanoke River | 201.81 | BOD5 | 1173 | KG/D |
| TKN, APR-SEP | 469 | KG/D |
| TKN, OCT-MAR | 939 | KG/D |
| VAW-L04R | VA0077895 | Roanoke Moose Lodge | 001 | Mason Creek | 7.79 | BOD5, JUN-SEP | 0.24 | KG/D |
| TKN, JUN-SEP | 0.09 | KG/D |
| VAW-L07R | VA0020842 | Bedford County School Board- Stewartsville Elementary School | 001 | Nat Branch, UT | 0.59 | BOD5 | 0.5 | KG/D |
| VAW-L14R | VA0029254 | Ferrum Water and Sewage Auth. - Ferrum Sewage Treatment Plant | 001 | Storey Creek | 9.78 | BOD5 | 14.2 | KG/D |
| VAW-L14R | VA0085952 | Rocky Mount Town Sewage Treatment Plant | 001 | Pigg River | 52 | BOD5 | 133 | KG/D |
| VAW-L14R | VA0076015 | Ronile Incorporated | 001 | Pigg River | 57.24 | BOD5 | 14.8 | KG/D |
| VAW-L21R | VA0063738 | Bedford County School Board - Staunton River High School | 001 | Shoulder Run, UT | 0.95 | BOD5 | 1.8 | KG/D |
| VAW-L21R | VA0020869 | Bedford County School Board - Thaxton Elementary School | 001 | Wolf Creek, UT | 0.35 | BOD5 | 0.31 | KG/D |
| VAW-L22R | VA0023515 | Blue Ridge Regional Jail Auth. - Moneta Adult Detention Facility STP | 001 | Mattox Creek, UT | 3.76 | BOD5 | 1.66 | KG/D |
| VAW-L25R | VA0020851 | Bedford County School Board - Otter River Elementary School | 001 | Big Otter River, UT | 1.15 | BOD5 | 0.4 | KG/D |
| VAW-L26R | VA0022390 | Bedford City - Sewage Treatment Plant | 001 | Little Otter River | 14.36 | BOD5 | 52.8 | KG/D |
| VAW-L26R | VA0020818 | Bedford County School Board - Body Camp Elementary | 001 | Wells Creek, UT | 2.22 | BOD5 | 0.4 | KG/D |
| VAW-L27R | VA0020826 | Bedford County School Board - New London Academy | 001 | Buffalo Creek, UT | 0.67 | BOD5 | 0.39 | KG/D |
| VAC-L29R | VA0031194 | Briarwood Village Mobile Home Park STP | 001 | Smith Branch, UT | 2.82 | BOD5 | 1.3 | KG/D |
| VAC-L35R | VA0023965 | Campbell Co Util & Serv Auth. - Rustburg | 001 | Mollys Creek | 17.81 | BOD5 | 8.13 | KG/D |
| VAC-L39R | VA0084433 | Drakes Branch WWTP | 001 | Twittys Creek | 6.04 | BOD5 | 6.4 | KG/D |
| VAC-L39R | VA0024058 | Keysville WWTP | 001 | Ash Camp Creek | 7.63 | CBOD5, MAY-NOV | 32.1 | KG/D |
| TKN, MAY-NOV | 7.57 | KG/D |
| AC-L39R | VA0050822 | Westpoint Stevens Inc Drakes Branch | 001 | Twittys Creek | 7.22 | BOD5 | 6.31 | KG/D |
| VAW-L43R | VA0022985 | Stuart Town - Sewage Treatment Plant | 001 | South Mayo River | 30.78 | BOD5 | 63.5 | KG/D |
| VAW-L54R | VA0069345 | Henry Co Public Service Auth. - Lower Smith River STP | 001 | Smith River | 19.4 | BOD5 | 257 | KG/D |
| VAW-L54R | VA0025305 | Martinsville City Sewage Treatment Plant | 001 | Smith River | 22.69 | BOD5 | 681 | KG/D |
| VAC-L60R | VA0060593 | Danville City - Northside | 001 | Dan River | 53.32 | BOD5, JUN-OCT | 1907 | KG/D |
| TKN, JUN-OCT | 1817 | KG/D |
| VAC-L66R | VA0020524 | Town of Chatham STP | 001 | Cherrystone Creek | 2.49 | CBOD5 | 64.8 | KG/D |
| TKN | 38.9 | KG/D |
| VAC-L75L | VA0020168 | Clarksville WWTP | 001 | Blue Creek/John H. Kerr Reservoir | 0.1 | BOD5 | 59.5 | KG/D |
| VAC-L77R | VA0076881 | Chase City Regional WWTP | 001 | Little Bluestone Creek | 13.67 | CBOD5, MAY-NOV | 29.5 | KG/D |
| TKN, MAY-NOV | 9.5 | KG/D |
| VAC-L78R | VA0026247 | Boydton WWTP | 001 | Coleman Creek | 3.79 | CBOD5, MAY-NOV | 17.7 | KG/D |
| TKN, MAY-NOV | 4.1 | KG/D |
| VAC-L79R | VA0069337 | South Hill WWTP | 001 | Flat Creek | 8.95 | CBOD5, APR-NOV | 60.6 | KG/D |
9VAC25-720-100. Chowan River -- Dismal Swamp River Basin.
| TMDL # | Stream Name | TMDL Title | City/County | WBID | Pollutant | WLA1 | Units |
| 1. | Unnamed tributary to Hurricane Branch | Benthic TMDL for Hurricane Branch Unnamed Tributary, Virginia | Nottoway | K16R | Sediment | 60.9 | T/YR |
| 2. | Spring Branch | Total Maximum Daily Load Development for Spring Branch | Sussex | K32R | Phosphorus | 145.82 | KG/YR |
| 3. | Albemarle Canal/North Landing River | Total Maximum Daily Load Development for Albemarle Canal/North Landing River, A Total Phosphorus TMDL Due to Low Dissolved Oxygen Impairment | Chesapeake, Virginia Beach | K41R | Phosphorus | 989.96 | KG/YR |
| 4. | Northwest River Watershed | Total Maximum Daily Load Development for the Northwest River Watershed, A Total Phosphorus TMDL Due to Low Dissolved Oxygen Impairment | Chesapeake, Virginia Beach | K40R | Phosphorus | 3,262.86 | KG/YR |
| 5. | Assamoosick Swamp and tributaries | E. coli Total Maximum Daily Load Development for Assamoosick Swamp & Tributaries | Sussex | K29 | E. coli | 6.27E+12 | cfu/year |
| 6. | Coppahaunk Swamp, UT | E. coli Total Maximum Daily Load Development for Blackwater River & Tributaries | Sussex | K32 | E. coli | 1.87E+09 | cfu/year |
| 7. | Otterdam Swamp | E. coli Total Maximum Daily Load Development for Blackwater River & Tributaries | Surry | K32 | E. coli | 1.96E+10 | cfu/year |
| 8. | Blackwater Swamp, Warwick Swamp, Second Swamp | E. coli Total Maximum Daily Load Development for Blackwater River & Tributaries | Prince George, Petersburg | K31 | E. coli | 1.27E+12 | cfu/year |
| 9. | Blackwater River | E. coli Total Maximum Daily Load Development for Blackwater River & Tributaries | Sussex, Prince George, Surry | K31, K32 | E. coli | 1.67E+13 | cfu/year |
| 10. | Milldam Creek | Development of Bacterial TMDLs for the Virginia Beach Coastal Area | Virginia Beach | K41 | E. coli | 0 | cfu/year |
| 11. | West Neck Creek, middle | Development of Bacterial TMDLs for the Virginia Beach Coastal Area | Virginia Beach | K41 | E. coli | 0 | cfu/year |
| 12. | Nawney Creek | Development of Bacterial TMDLs for the Virginia Beach Coastal Area | Virginia Beach | K42 | Enterococci | 0 | cfu/year |
| 13. | West Neck Creek, upper | Development of Bacterial TMDLs for the Virginia Beach Coastal Area | Virginia Beach | K41 | Enterococci | 1.88E+13 | cfu/year |
| 14. | London Bridge Creek and Canal #2 | Development of Bacterial TMDLs for the Virginia Beach Coastal Area | Virginia Beach | K41, C08 | Enterococci | 2.17E+13 | cfu/year |
| 15. | Beaver Pond Creek | Development of Bacterial TMDLs for the Chowan Study Area | Dinwiddie | K16 | E. coli | 0 | cfu/year |
| 16. | Mill Swamp | Development of Bacterial TMDLs for the Chowan Study Area | Surry | K34 | E. coli | 0 | cfu/year |
| 17. | Nottoway River | Development of Bacterial TMDLs for the Chowan Study Area | Lunenburg | K14 | E. coli | 0 | cfu/year |
| 18. | Raccoon Creek | Development of Bacterial TMDLs for the Chowan Study Area | Sussex | K25 | E. coli | 0 | cfu/year |
| 19. | Rattlesnake Swamp | Development of Bacterial TMDLs for the Chowan Study Area | Isle of Wight, Surry | K34 | E. coli | 0 | cfu/year |
| 20. | Cypress Swamp | Development of Bacterial TMDLs for the Chowan Study Area | Surry | K32 | E. coli | 2.26E+11 | cfu/year |
| 21. | Little Nottoway River | Development of Bacterial TMDLs for the Chowan Study Area | Nottoway | K15 | E. coli | 6.54E+11 | cfu/year |
| 22. | Big Hounds Creek | Development of Bacterial TMDLs for the Chowan Study Area | Lunenburg | K14 | E. coli | 6.96E+11 | cfu/year |
| 23. | Broad Branch | Bacteria TMDL for the Flat Rock Creek Watershed and Broad Branch | Lunenburg | K03 | E. coli | 5.14E+08 | cfu/day |
| 24. | Flat Rock Creek | Bacteria TMDL for the Flat Rock Creek Watershed and Broad Branch | Lunenburg | K03 | E. coli | 2.64E+09 | cfu/day |
| 25. | Flat Rock Creek, upper | Bacteria TMDL for the Flat Rock Creek Watershed and Broad Branch | Lunenburg | K03 | E. coli | 1.32E+10 | cfu/day |
| 26. | Fontaine Creek | E. coli Total Maximum Daily Load Development for Fontaine Creek | Brunswick, Greensville | K10, K11, K12 | E. coli | 3.77E+12 | cfu/year |
| 27. | Unnamed tributary to Nebletts Mill Run | E. coli Total Maximum Daily Load Development for Unnamed Tributary to Nebletts Mill Run and Hatcher Run | Sussex | K23 | E. coli | 1.22E+10 | cfu/year |
| 28. | Hatcher Run | E. coli Total Maximum Daily Load Development for Unnamed Tributary to Nebletts Mill Run and Hatcher Run | Dinwiddie | K23 | E. coli | 1.31E+11 | cfu/year |
| 29. | North Meherrin River | Fecal Bacteria Total Maximum Daily Load Development for Meherrin River and Tributaries | Lunenburg | K02 | E. coli | 3.25E+12 | cfu/year |
| 30. | Meherrin River including Briery Branch, Genito Creek, and Great Creek | Fecal Bacteria Total Maximum Daily Load Development for Meherrin River and Tributaries | Mecklenburg, Brunswick, Lunenburg | K01, K02, K03, K04, K05, K06, K07, K08 | E. coli | 9.90E+12 | cfu/year |
| 31. | Roses Creek | Bacteria TMDL for Roses Creek Watershed | Brunswick | K07 | E. coli | 4.35E+12 | cfu/year |
| 32. | Flat Swamp | Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run | Southampton | K13 | E. coli | 0 | cfu/year |
| 33. | Tarrara Creek | Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run | Southampton | K13 | E. coli | 0 | cfu/year |
| 34. | Three Creek (K26R-03) | Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run | Greensville | K26 | E. coli | 5.00E+09 | cfu/year |
| 35. | Mill Swamp | Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run | Southampton | K28 | E. coli | 1.93E+11 | cfu/year |
| 36. | Darden Mill Swamp | Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run | Southampton | K30 | E. coli | 4.10E+11 | cfu/year |
| 37. | Three Creek (K26R-02) | Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run | Greensville | K26 | E. coli | 9.53E+12 | cfu/year |
| 38. | Three Creek (K27R-02) | Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run | Sussex, Southampton, Greensville | K26, K27 | E. coli | 1.43E+13 | cfu/year |
| 39. | Pocaty River | Total Maximum Daily Load Development for the Back Bay, North Landing River, and Pocaty River Watersheds | Chesapeake, Virginia Beach | K41R | Total phosphorus | 129.39 | kg/yr |
| 40. | Ashville Bridge Creek | Total Maximum Daily Load Development for the Back Bay, North Landing River, and Pocaty River Watersheds | Chesapeake, Virginia Beach | K42E | Total phosphorus | 34.46 | kg/yr |
| 41. | North Landing River | Total Maximum Daily Load Development for the Back Bay, North Landing River, and Pocaty River Watersheds | Chesapeake, Virginia Beach | K41R | E. coli | 6.25E+12 | cfu/yr |
| 42. | Pocaty River | Total Maximum Daily Load Development for the Back Bay, North Landing River, and Pocaty River Watersheds | Chesapeake, Virginia Beach | K41R | E. coli | 2.58E+12 | cfu/yr |
| 43. | Beggars Bridge Creek | Total Maximum Daily Load Development for the Back Bay, North Landing River, and Pocaty River Watersheds | Chesapeake, Virginia Beach | K42E | Enterococci | 6.79E+11 | cfu/yr |
| 44. | Ashville Bridge Creek and Muddy Creek | Total Maximum Daily Load Development for the Back Bay, North Landing River, and Pocaty River Watersheds | Chesapeake, Virginia Beach | K42E | Enterococci | 7.95E+11 | cfu/yr |
| 45. | Hell Point Creek, upper and Hell Point Creek, lower | Total Maximum Daily Load Development for the Back Bay, North Landing River, and Pocaty River Watersheds | Chesapeake, Virginia Beach | K42E | Enterococci | 2.04E+12 | cfu/yr |
| Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria. |
9VAC25-720-110. Chesapeake Bay -- Small Coastal -- Eastern Shore River Basin.
A. Total maximum daily loads (TMDLs).
| TMDL # | Stream Name | TMDL Title | City/County | WBID | Pollutant | WLA1 | Units |
| 1. | Parker Creek | Benthic Total Maximum Daily Load (TMDL) Development for Parker Creek, Virginia | Accomack | D03E | Total phosphorus | 664.2 | LB/YR |
| 2. | Pettit Branch | Benthic Total Maximum Daily Load (TMDL) Development for the Pettit Branch Watershed | Accomack | D02R | Total phosphorus | 0.01 | LB/D |
| 3. | Mill Creek | Total Maximum Daily Load for Dissolved Oxygen in Mill Creek, Northampton County, Virginia | Northampton | D06R | Organic carbon as TC | 30.53 | LB/D |
| 4. | Mill Creek | Total Maximum Daily Load for Dissolved Oxygen in Mill Creek, Northampton County, Virginia | Northampton | D06R | Nutrients as TN | 10.07 | LB/D |
| 5. | Folly Creek | Total Maximum Daily Loads of Pathogens for Folly Creek in Accomack County, Virginia | Accomack | D03E | Total nitrogen | 2.6 | LBS/D |
| 6. | Gargathy Creek | Total Maximum Daily Loads of Dissolved Oxygen and Pathogens for Gargathy Creek (Upper, Lower, and Riverine Portions) in Accomack County, Virginia | Accomack | D03E | Total nitrogen | 1.9 | LBS/D |
| 7. | Assawoman Creek | Bacteria Total Maximum Daily Load (TMDL) Development for the Assawoman Creek Watershed | Accomack | D02 | Fecal coliform | 1.12E+09 | MPN/day |
| 8. | Back River | Total Maximum Daily Loads of Bacteria for Back River | Hampton, Poquoson, York | C07 | Fecal coliform | 3.87E+14 | counts/year |
| 9. | Barlow Creek (#191) | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Barlow and Jacobus Creeks | Northampton | C14 | Fecal coliform | N/A2 | MPN/day |
| 10. | Jacobus Creek (#9D) | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Barlow and Jacobus Creeks | Northampton | C14 | Fecal coliform | N/A2 | MPN/day |
| 11. | Jackson Creek (84A) | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Broad and Jackson Creeks | Middlesex | C03 | Fecal coliform | N/A2 | MPN/day |
| 12. | Jackson Creek (84B) | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Broad and Jackson Creeks | Middlesex | C03 | Fecal coliform | N/A2 | MPN/day |
| 13. | Browns Bay | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Browns Bay and Monday Creek | Gloucester | C06 | Fecal coliform | N/A2 | MPN/day |
| 14. | Monday Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Browns Bay and Monday Creek | Gloucester | C06 | Fecal coliform | N/A2 | MPN/day |
| 15. | Cherrystone Inlet, Kings Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Cherrystone Inlet | Northampton | C15, C16 | Fecal coliform | N/A2 | MPN/day |
| 16. | Chesconessex Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chesconessex Creek | Accomack | C11 | Fecal coliform | N/A2 | MPN/day |
| 17. | Cockrell Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Cockrell Creek | Northumberland | C01 | Fecal coliform | 5.98E+10 | MPN/day |
| 18. | Craddock Creek (A) | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination | Accomack | C13 | Fecal coliform | N/A2 | MPN/day |
| 19. | Bagwell Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Deep, Hunting and Bagwell Creeks | Accomack | C10 | Fecal coliform | N/A2 | MPN/day |
| 20. | Deep Creek (#138A) | Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Deep, Hunting and Bagwell Creeks | Accomack | C10 | Fecal coliform | N/A2 | MPN/day |
| 21. | Hunting Creek (#138C) | Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Deep, Hunting and Bagwell Creeks | Accomack | C10 | Fecal coliform | N/A2 | MPN/day |
| 22. | Dividing Creek (22A) | Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Dividing Creek | Northumberland | C01 | Fecal coliform | N/A2 | MPN/day |
| 23. | Prentice Creek (22C) | Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Dividing Creek | Northumberland | C01 | Fecal coliform | N/A2 | MPN/day |
| 24. | Prentice Creek (22D) | Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Dividing Creek | Northumberland | C01 | Fecal coliform | N/A2 | MPN/day |
| 25. | Unnamed cove of Dividing Creek (22B) | Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Dividing Creek | Northumberland | C01 | Fecal coliform | N/A2 | MPN/day |
| 26. | East River | Total Maximum Daily Load (TMDL) Report For Shellfish Waters Impaired by Bacteria - East River and Put in Creek | Mathews | C04 | Fecal coliform | N/A2 | MPN/day |
| 27. | Put In Creek | Total Maximum Daily Load (TMDL) Report For Shellfish Waters Impaired by Bacteria - East River and Put in Creek | Mathews | C04 | Fecal coliform | N/A2 | MPN/day |
| 28. | Finney Creek, upper | Total Maximum Daily Loads of Pathogens for Finney Creek | Accomack | D03 | Enterococci | 7.97E+07 | cfu/day |
| 29. | Rattrap Creek | Total Maximum Daily Loads of Pathogens for Finney Creek | Accomack | D03 | Enterococci | 2.08E+08 | cfu/day |
| 30. | Folly Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Folly Creek | Accomack | D03 | Fecal coliform | N/A2 | MPN/day |
| 31. | Gargathy Creek, riverine | Total Maximum Daily Loads of DO and Pathogens for Gargathy Creek (-Upper, -Lower, and Riverine Portions) | Accomack | D03 | E. coli | 1.80E+08 | cfu/day |
| 32. | Balls Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Great Wicomico River | Northumberland | C01 | Fecal coliform | N/A2 | MPN/day |
| 33. | Great Wicomico River | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Great Wicomico River | Northumberland | C01 | Fecal coliform | N/A2 | MPN/day |
| 34. | Tipers Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Great Wicomico River | Northumberland | C01 | Fecal coliform | N/A2 | MPN/day |
| 35. | Warehouse Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Great Wicomico River | Northumberland | C01, A34 | Fecal coliform | N/A2 | MPN/day |
| 36. | Whays Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Great Wicomico River | Northumberland | C01 | Fecal coliform | N/A2 | MPN/day |
| 37. | Guilford Creek (#176B) | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Messongo and Guilford Creeks | Accomack | C10 | Fecal coliform | None2 | MPN/day |
| 38. | Young Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Messongo and Guilford Creeks | Accomack | C10 | Fecal coliform | None2 | MPN/day |
| 39. | Holdens Creek, upper and lower | Fecal Coliform Total Maximum Daily Load Development for Holdens Creek, Sandy Bottom Branch, and Unnamed Tributary to Sandy Bottom Branch | Accomack | C10 | Fecal coliform | N/A2 | counts/day |
| 40. | Sandy Bottom Branch and UT to Sandy Bottom Branch | Fecal Coliform Total Maximum Daily Load Development for Holdens Creek, Sandy Bottom Branch, and Unnamed Tributary to Sandy Bottom Branch | Accomack | C10 | E. coli | 4.80E+09 | cfu/day |
| 41. | Davis Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chesapeake Bay: Horn Harbor, Doctors and Davis Creek Watersheds | Mathews | C04 | Fecal coliform | N/A2 | MPN/day |
| 42. | Doctors Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chesapeake Bay: Horn Harbor, Doctors and Davis Creek Watersheds | Mathews | C04 | Fecal coliform | N/A2 | MPN/day |
| 43. | Horn Harbor | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chesapeake Bay: Horn Harbor, Doctors and Davis Creek Watersheds | Mathews | C04 | Fecal coliform | N/A2 | MPN/day |
| 44. | Hungars Creek | Bacteria Total Maximum Daily Load (TMDL) Development for the Hungars Creek Watershed | Northampton | C14 | Fecal coliform | 5.44E+08 | MPN/day |
| 45. | Indian Creek | Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Northumberland | C01 | Enterococci | 6.76E+08 | cfu/day |
| 46. | Davenport Creek | Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Lancaster | C01 | Fecal coliform | 1.38E+08 | MPN/day |
| 47. | Long Creek | Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Lancaster | C01 | Fecal coliform | 3.17E+08 | MPN/day |
| 48. | Lees Cove | Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Lancaster | C01 | Fecal coliform | 2.51E+08 | MPN/day |
| 49. | Georges Cove | Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Lancaster | C01 | Fecal coliform | 7.01E+08 | MPN/day |
| 50. | Hunts Cove | Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Lancaster | C01 | Fecal coliform | 1.05E+09 | MPN/day |
| 51. | Ashley Cove | Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Lancaster | C01 | Fecal coliform | 1.17E+09 | MPN/day |
| 52. | Bells Creek | Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Northumberland | C01 | Fecal coliform | 1.25E+09 | MPN/day |
| 53. | Henrys Creek | Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Northumberland | C01 | Fecal coliform | 2.13E+09 | MPN/day |
| 54. | Barnes Creek | Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Northumberland | C01 | Fecal coliform | 3.65E+09 | MPN/day |
| 55. | Tabbs Creek | Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Lancaster | C01 | Fecal coliform | 5.36E+09 | MPN/day |
| 56. | Dymer Creek | Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Lancaster | C01 | Fecal coliform | 8.25E+09 | MPN/day |
| 57. | Antipoison Creek | Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Lancaster | C01 | Fecal coliform | 8.60E+09 | MPN/day |
| 58. | Indian Creek (including Arthur and Pitmans Creeks) | Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Northumberland | C01 | Fecal coliform | 3.82E+09 | MPN/day |
| 59. | Little Mosquito Creek | Bacteria TMDL Development for the Little Mosquito Creek Watershed | Accomack | D01 | Fecal coliform | 5.15E+08 | MPN/day |
| 60. | Broad Bay, Long Creek, and Linkhorn Bay | Lynnhaven Bay, Broad Bay and Linkhorn Bay Watersheds Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacteria Contamination | Virginia Beach | C08 | Fecal coliform | 9.35E+10 | cfu/year |
| 61 | Lynnhaven River | Lynnhaven Bay, Broad Bay and Linkhorn Bay Watersheds Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacteria Contamination | Virginia Beach | C08 | Fecal coliform | 9.01E+11 | cfu/year |
| 62. | Mattawoman Creek | TMDL Report for Chesapeake Bay Shellfish Waters: Mattawoman Creek Bacterial Impairment | Northampton | C14 | Fecal coliform | 1.15E+09 | MPN/day |
| 63. | Messongo Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Messongo and Guilford Creeks | Accomack | C10 | Fecal coliform | None2 | MPN/day |
| 64. | Messongo Creek | Bacteria Total Maximum Daily Load (TMDL) Development for the Messongo Creek Watershed | Accomack | C10 | Fecal coliform | 1.00E+08 | MPN/day |
| 65. | Billups Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Gwynn's Island and Milford Haven Watersheds | Mathews | C04 | Fecal coliform | N/A2 | MPN/day |
| 66. | Edwards Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Gwynn's Island and Milford Haven Watersheds | Mathews | C04 | Fecal coliform | N/A2 | MPN/day |
| 67. | Morris Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Gwynn's Island and Milford Haven Watersheds | Mathews | C04 | Fecal coliform | N/A2 | MPN/day |
| 68. | Queens Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Gwynn's Island and Milford Haven Watersheds | Mathews | C04 | Fecal coliform | N/A2 | MPN/day |
| 69. | Stutts Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Gwynn's Island and Milford Haven Watersheds | Mathews | C04 | Fecal coliform | N/A2 | MPN/day |
| 70. | Ball Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chesapeake Bay: Mill Creek to Dividing Creek | Northumberland | C01 | Fecal coliform | N/A2 | MPN/day |
| 71. | Cloverdale Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chesapeake Bay: Mill Creek to Dividing Creek | Northumberland | C01 | Fecal coliform | N/A2 | MPN/day |
| 72. | Mill Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chesapeake Bay: Mill Creek to Dividing Creek | Northumberland | C01 | Fecal coliform | N/A2 | MPN/day |
| 73. | McLean Gut | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Nandua and Curratuck Creeks | Accomack | C13 | Fecal coliform | N/A2 | MPN/day |
| 74. | Nandua Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Nandua and Curratuck Creeks | Accomack | C13 | Fecal coliform | N/A2 | MPN/day |
| 75. | Church Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Nassawadox Creek Watershed | Northampton | C13 | Fecal coliform | N/A2 | MPN/day |
| 76. | Holly Grove Cove | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Nassawadox Creek Watershed | Northampton | C13 | Fecal coliform | N/A2 | MPN/day |
| 77. | Nassawadox Creek, upper | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Nassawadox Creek Watershed | Northampton | C13 | Fecal coliform | N/A2 | MPN/day |
| 78. | Warehouse Creek, upper | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Nassawadox Creek Watershed | Northampton | C13 | Fecal coliform | N/A2 | MPN/day |
| 79. | Westerhouse Creek - Part A | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Nassawadox Creek Watershed | Northampton | C13, C14 | Fecal coliform | N/A2 | MPN/day |
| 80. | Westerhouse Creek - Part B | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Nassawadox Creek Watershed | Northampton | C13, C14 | Fecal coliform | N/A2 | MPN/day |
| 81. | Back Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - North River | Gloucester | C04 | Fecal coliform | N/A2 | MPN/day |
| 82. | Blackwater Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - North River | Mathews | C04 | Fecal coliform | N/A2 | MPN/day |
| 83. | Elmington Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - North River | Gloucester | C04 | Fecal coliform | N/A2 | MPN/day |
| 84. | Greenmansion Cove | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - North River | Mathews | C04 | Fecal coliform | N/A2 | MPN/day |
| 85. | North River | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - North River | Mathews | C04 | Fecal coliform | N/A2 | MPN/day |
| 86. | Occohannock Creek, upper | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Occohannock Creek | Accomack | C13 | Fecal coliform | N/A2 | MPN/day |
| 87. | Old Plantation Creek, upper VDH-DSS condemnation | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Old Plantation and Elliots Creeks | Northampton | C16 | Fecal coliform | N/A2 | MPN/day |
| 88. | Onancock Creek, south branch | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Onancock Creek | Accomack | C11 | Enterococci | N/A2 | cfu/day |
| 89. | Onancock Creek, upper | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Onancock Creek | Accomack | C11 | Enterococci | N/A2 | cfu/day |
| 90. | Onancock Creek, north branch | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Onancock Creek | Accomack | C11 | Enterococci | 9.94E+08 | cfu/day |
| 91. | Cedar Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Onancock Creek | Accomack | C11 | Fecal coliform | N/A2 | MPN/day |
| 92. | Finneys Creek, upper | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Onancock Creek | Accomack | C11 | Enterococci | N/A2 | cfu/day |
| 93. | Onancock Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Onancock Creek | Accomack | C11 | Fecal coliform | N/A2 | MPN/day |
| 94. | Onancock Creek, central branch | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Onancock Creek | Accomack | C11 | Enterococci | N/A2 | cfu/day |
| 95. | Chesapeake Bay, unnamed tributary (Big Fleets Pond) | Owens Pond, Little Taskmakers Creek, and Un-named Tributary to Chesapeake Bay (Big Fleets Pond) Total Maximum Daily Load Report for Shellfish Condemnation Impaired Due to Bacteria Contamination | Northumberland | C01 | Fecal coliform | 1.37E+08 | MPN/day |
| 96. | Little Taskmakers Creeks | Owens Pond, Little Taskmakers Creek, and Un-named Tributary to Chesapeake Bay (Big Fleets Pond) Total Maximum Daily Load Report for Shellfish Condemnation Impaired Due to Bacteria Contamination | Northumberland | C01 | Fecal coliform | 3.67E+08 | MPN/day |
| 97. | Owens Pond | Owens Pond, Little Taskmakers Creek, and Un-named Tributary to Chesapeake Bay (Big Fleets Pond) Total Maximum Daily Load Report for Shellfish Condemnation Impaired Due to Bacteria Contamination | Northumberland | C01 | Fecal coliform | 1.56E+09 | MPN/day |
| 98. | Oyster Harbor | TMDL Report for Chesapeake Bay Shellfish Waters: Oyster Harbor Bacterial Impairment | Northampton | D05, D06 | Fecal coliform | 4.28E+08 | MPN/day |
| 99. | Parker Creek | Bacteria Total Maximum Daily Load Development for the Parker Creek Watershed | Accomack | D03 | Fecal coliform | 1.59E+10 | MPN/day |
| 100. | Pettit Branch | Total Maximum Daily Load of Bacteria for Pettit Branch | Accomack | D02 | E. coli | 0 | cfu/day |
| 101. | Piankatank River, Cobbs Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Piankatank River, Lower | Mathews | C03, C04 | Fecal coliform | N/A2 | MPN/day |
| 102. | Piankatank River, Healy Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Piankatank River, Lower | Middlesex | C03 | Fecal coliform | N/A2 | MPN/day |
| 103. | Piankatank River, Wilton Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Piankatank River, Lower | Middlesex | C03 | Fecal coliform | N/A2 | MPN/day |
| 104. | Harper Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Piankatank River, Upper | Gloucester | C03 | Fecal coliform | N/A2 | MPN/day |
| 105. | Piankatank River | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Piankatank River, Upper | King and Queen, Gloucester, Middlesex, Essex | C02, C03 | Fecal coliform | N/A2 | MPN/day |
| 106. | Pitts Creek, unnamed tributary | Total Maximum Daily Load of Pathogens for the Unnamed Tributary to Pitts Creek | Accomack | C09 | E. coli | 6.40E+07 | cfu/day |
| 107. | Pitts Creek, unnamed tributary | Total Maximum Daily Load on Dissolved Oxygen In Unnamed Tributary to Pitts Creek | Accomack | C09 | Total nitrogen | 0 | lbs/day |
| 108. | Pitts Creek, unnamed tributary | Total Maximum Daily Load on Dissolved Oxygen In Unnamed Tributary to Pitts Creek | Accomack | C09 | Total phosphorus | 0 | lbs/day |
| 109. | Pocomoke Sound and Pocomoke River including Holden Creek, Bulbeggar Creek, and Pitts Creek3 | Total Maximum Daily Loads of Fecal Coliform for the Restricted Shellfish Harvesting/
Growing Areas of the Pocomoke River in the Lower Pocomoke River Basin and Pocomoke Sound Basin | Accomack | C09, C10 | Fecal coliform | 1.37E+09 | MPN/day |
| 110. | Back Creek | Total Maximum Daily Loads of Bacteria for Poquoson River and Back Creek | York | C07 | Fecal coliform | 1.41E+13 | counts/year |
| 111. | Poquoson River | Total Maximum Daily Loads of Bacteria for Poquoson River and Back Creek | Poquoson, York | C07 | Fecal coliform | 1.12E+14 | counts/year |
| 112. | Free School Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Severn River | Gloucester | C06 | Fecal coliform | N/A2 | MPN/day |
| 113. | Heywood Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Severn River | Gloucester | C06 | Fecal coliform | N/A2 | MPN/day |
| 114. | Northwest Branch Severn River | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Severn River | Gloucester | C06 | Fecal coliform | N/A2 | MPN/day |
| 115. | Thorntons Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Severn River | Gloucester | C06 | Fecal coliform | N/A2 | MPN/day |
| 116. | Vaughans Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Severn River | Gloucester | C06 | Fecal coliform | N/A2 | MPN/day |
| 117. | Greenbackville Harbor | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chincoteague Bay | Accomack | D01 | Fecal coliform | N/A2 | MPN/day |
| 118. | Swan Gut Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chincoteague Bay | Accomack | D01 | Fecal coliform | N/A2 | MPN/day |
| 119. | The Gulf, upper | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - The Gulf | Northampton | C14 | Fecal coliform | N/A2 | MPN/day |
| 120. | Pungoteague Creek (Warehouse Prong and Bull Run Creek) | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Pungoteague Creek | Accomack | C12 | Fecal coliform | N/A2 | MPN/day |
| 121. | Taylor Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Pungoteague Creek | Accomack | C12, C13 | Fecal coliform | N/A2 | MPN/day |
| 122. | Fox Mill Run | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Ware River | Gloucester | C05 | Fecal coliform | N/A2 | MPN/day |
| 123. | Ware River | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Ware River | Gloucester | C05 | Fecal coliform | N/A2 | MPN/day |
| 124. | Wilson Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Ware River | Gloucester | C05, C06 | Fecal coliform | N/A2 | MPN/day |
| 125. | Cockrell Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Cockrell Creek | Northumberland | C01 | Fecal coliform | 1.49E+11 | cfu/day |
| 126. | Red Bank Creek, riverine | Bacteria TMDL Development in Red Bank Creek and Machipongo River, Virginia | Accomack, Northampton | D04R | E. coli | 1.08E+8 | cfu/yr |
| 127. | Red Bank Creek, estuarine | Bacteria TMDL Development in Red Bank Creek and Machipongo River, Virginia | Accomack, Northampton | D04E | Enterococci | 3.93E+6 | cfu/yr |
| 128. | Machipongo River, estuarine | Bacteria TMDL Development in Red Bank Creek and Machipongo River, Virginia | Accomack, Northampton | D04E | Enterococci | 9.03E+6 | cfu/yr |
| 129. | Red Bank Creek, shellfish | Bacteria TMDL Development in Red Bank Creek and Machipongo River, Virginia | Accomack, Northampton | D04E | Fecal coliform | 5.10E+11 | counts/yr |
| 130. | Machipongo River, shellfish | Bacteria TMDL Development in Red Bank Creek and Machipongo River, Virginia | Accomack, Northampton | D04E | Fecal coliform | 2.04E+12 | counts/yr |
| Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria. 2There were no point source dischargers in the modeled TMDL area. 3This WLA represents only the Virginia portion of the watershed. |
B. Stream segment classifications, effluent limitations including water quality based effluent limitations, and wasteload allocations.
| Small Coastal and Chesapeake Bay
TABLE B1 - CURRENT STREAM SEGMENT CLASSIFICATION |
| Segment No. | Name | Current State Class |
| 7-12A | Pocomoke Sound | E.L. |
| 7-12B | Messongo Creek | E.L. |
| 7-12C | Beasley Bay | E.L. |
| 7-12D | Chesconessex Creek | E.L. |
| 7-13 | Onancock Creek | W.Q. |
| 7-14 | Pungoteague | W.Q. |
| 7-12E | Nandua Creek | E.L. |
| 7-15 | Occohannock Creek | W.Q. |
| 7-12F | Nassawadox Creek | E.L. |
| 7-12G | Hungars Creek | E.L. |
| 7-12H | Cherrystone Inlet | E.L. |
| 7-12I | South Bay | E.L. |
| 7-12J | Tangier Island | _____ |
| 7-11A | Chincoteague | E.L. |
| 7-11B | Hog Bogue | E.L. |
| 7-11C | Metomkim Bay | E.L. |
| 7-11D | Machipongo River | E.L. |
| 7-11E | South Ocean | E.L. |
| Small Coastal and Chesapeake Bay
TABLE B2 - EASTERN SHORE WASTELOAD ALLOCATIONS |
| | | INTERIM WASTELOAD ALLOCATIONS1 | FINAL WASTELOAD ALLOCATIONS |
| | | (Current Permit Limits) |
| NAME | RECEIVING STREAM OR ESTUARY | BOD5 (lb/d) | SUSPENDED SOLIDS (lb/d) | OIL & GREASE (lb/d) | BOD5 (lb/d) | SUSPENDED SOLIDS (lb/d) | OIL & GREASE (lb/d) |
| Commonwealth of Va. Rest Area | Pitts Cr. | 4.3 | 4.3 | -- | 4.3 | 4.3 | -- |
| Edgewood Park | Bullbegger Cr. | 0.80 | 0.80 | -- | 0.80 | 0.80 | -- |
| Holly Farms | Sandy Bottom Cr. | 1673 | 1673 | 10 mg/l | Stream survey/model and determination of final wasteload allocations planned for the summer of 1980. |
| Taylor Packing Company | Messongo Cr. | 70063 | 130103 | -- | Stream survey/model was run previously. No change in permit anticipated. |
| No. Accomack E.S. | Messongo Cr. | 1.8 | 1.4 | -- | 1.8 | 1.4 | -- |
| Messick & Wessels Nelsonia | Muddy Cr. | 30mg/l4 | 30mg/l | -- | Interim wasteload allocations may be changed based on BAT guidance. |
| Whispering Pines Motel | Deep Cr. | 4.8 | 4.8 | -- | 4.8 | 4.8 | -- |
| Town of Onancock | Onancock Cr. | 21 | 21 | -- | 21 | 21 | -- |
| Messick & Wessels | Onancock Cr. | 30mg/l4 | 30mg/l4 | -- | Interim wasteload allocations may be changed based on guidance. |
| So. Accomack E.S. | Pungoteague Cr. | 1.8 | 1.4 | -- | 1.8 | 1.4 | -- |
| A & P Exmore | Nassawadox Cr. | 0.38 | 0.38 | -- | 0.38 | 0.38 | -- |
| Norstrom Coin Laundry | Nassawadox Cr. | 60mg/l4 max. | 60mg/l4 max. | -- | Interim wasteload allocation may be changed based on BAT guidance. |
| NH-Acc. Memorial Hospital | Warehouse Cr. | 12.5 | 12.5 | -- | 21.5 | 12.5 | -- |
| Machipongo E.S. & H.H. Jr. High | Trib. To Oresbus Cr. | 5.2 | 5.2 | -- | 5.2 | 5.2 | -- |
| Town of Cape Charles | Cape Charles Harbor | 62.6 | 62.6 | -- | 62.6 | 62.6 | -- |
| America House | Chesapeake Bay | 5 | 5 | -- | 5 | 5 | -- |
| U.S. Coast Guard Chesapeake Bay | Chesapeake Bay | -- | -- | 10/mgl5 | -- | -- | 10/mgl5 |
| U.S. Government Cape Charles AFB | Magothy Bay | Currently No Discharge |
| Exmore Foods (Process Water) | Trib. To Parting Cr. | 200 | 100 | -- | Stream survey/model and determination of final wasteload allocations planned for the summer of 1980. |
| Exmore Foods (Sanitary) | Trib. To Parting Cr. | 30mg/l5 | 30mg/l5 | -- | 30mg/l5 | 30mg/l5 | -- |
| Perdue Foods (process water) | Parker Cr. | May-Oct
275 367
Nov-Apr.
612 797 | -- | -- | Interim Permit in process. Stream survey/models were run. No substantial change in permit anticipated. |
| Perdue Foods (parking lot) | Parker Cr. | 30mg/l5 | 30mg/l5 | -- | 30mg/l5 | 30mg/l5 | -- |
| Accomack Nursing Home | Parker Cr. | 2.7 | 2.6 | -- | 2.7 | 2.6 | -- |
| U.S. Gov't NASA Wallops Island | Mosquito Cr. | 75 | 75 | -- | 75 | 75 | -- |
| U.S. Gov't NASA Wallops Island | Cat Cr. | 1.25 | 1.25 | -- | 1.25 | 1.25 | -- |
| F & G Laundromat | Chincoteague Channel | 10 | 4.8 | -- | Interim wasteload allocations may be changed based on BAT guidance. |
| U.S. Coast Guard | Chincoteague Channel | -- | -- | 15mg/l (max.) | -- | -- | 15mg/l (max.) |
| Virginia-Carolina Seafood | Chincoteague Bay | 342 | 264 | 5.5 | 342 | 264 | 5.5 |
| Reginald Stubbs Seafood Co. (VA0005813) | Assateague Channel | -- | 20 | 95 | -- | 20 | 95 |
| Reginald Stubbs Seafood Co. (VA00056421) | Assateague Channel | -- | 20 | 98 | -- | 20.42 | 98 |
| Shreaves | Chincoteague Bay | -- | 162 | 1.42 | -- | 162 | 1.42 |
| Chincoteague Seafood | Chincoteague Bay | 342 | 264 | 5.5 | 342 | 264 | 5.5 |
| Notes:
1Water quality data taken from discharge monitoring reports or special studies unless indicated. 2NPDES Permit limits given since the permit is new and discharge monitoring reports not yet available. 3Data from Accomack-Northampton Co. Water Quality Management Plan. 4Estimated. 5May need a permit -- either company has not responded to SWCB letter or operation has just started up. 6No limits -- has an NPDES permit, but is not required to monitor. |
| TABLE B3 - EXISTING OR POTENTIAL SOURCES OF WATER POLLUTION |
| Location No. | Name | Receiving Estuary | Stream | Flow (MGD) | CBOD (mgl/#D) | NBOD (mgl/#D) | Total Suspended Solids (mgl/#D) | D.O. (mgl) | FC (MPN/ 100ml) | Treatment/Operation |
| 1 | Comm. Va. Rest Area | Pocomoke Sound | Pitts Cr. | .003 | 7/0.18 | | 10/0.3 | 7.5 | 1 | Extended aeration. Sec. Holding pond, CL2 |
| 2 | H.E. Kelley | Pocomoke Sound | Pitts Cr. | | | | | | | Currently no discharges. Out of business |
| 3 | Edgewood Park | Pocomoke Sound | Bullbegger Creek | .0063 | 16/0.82 | | 16/0.82 | | | PRI, CL2. Holding Pond |
| 4 | Holly Farms | Pocomoke Sound | Sand Bottom Creek | 0.18 | 6/40 | | 15/100 | 8.0 | 100 | Aerated Lagoons, CL2 |
| 5 | J.W. Taylor | Messongo Creek | Trib. To Messongo | .001 | 60/50 | | 150/125 | 8.0 | | Aerated Lagoons |
| 6 | No. Accomack E.S. | Messongo Creek | Trib. To Messongo | .005 | 22/0.9 | | 30/1.3 | 9.0 | | Sec., Septic Tank, Sand Filter Holding Pond |
| 7 | Messick & Wessells-Nelsonia | Beasly Bay | Muddy Creek | .005 | 125/5.2 | | 100/4.2 | | | Sec., Extended Aeration |
| 8 | Willets Laundromat | Beasly Bay | Hunting Creek | | | | | | | Prl., Septic Tank |
| 9 | Byrd Food | Beasly Bay | | | | | | | | No discharge industry |
| 10 | Whispering Pines Motel | Beasly Bay | Deep Creek | .009 | 25/1.9 | | 30/2.3 | 6.0 | | Sec., Extended Aeration Holding Pond, CL2 |
| 11 | Town of Onancock | Onancock Creek | North Fork | .19 | 2/3.2 | | 3/4.8 | 7.5 | 3 | Primary, Primary Settling Sludge Digestion, CL2 |
| 12 | Messick & Wessels-Onley | Onancock Creek | Joynes Branch | .005 | 100/4.2 | | 150/6.3 | | | Sec., Extended Aeration |
| 13 | So. Accomack E.S. | Pungoteague | Trib. To Pungoteague | | 24/1.82 | | 19/1.42 | | | Sec., Septic Tank, Grease Trap, Sand Filter, Holding Pond. No discharge in 4 yrs. |
| 14 | Great Atlantic & Pacific Tea Company | Nassawadox | Nassawadox | .001 | 140/1.2 | | 150/1.3 | | 6.5 | Sec., Extended Aeration CL2 |
| 15 | Norstrom Coin Laundry | Nassawadox | Trib. To Nassawadox | .008 | | | | | | Sec., Extended Aeration, permit in process |
| 17 | N.H.-Acc. Memorial Hospital | Nassawadox | Warehouse Creek | .03 | 25/1.6 | | 35/2.2 | 6.5 | 750 | Secondary Aerated Lagoon, CL2 Holding pond Stab-Lagoon |
| 18 | Machipongo E.S. & N.H. Jr. High School | Hungars Creek | Trib. To Oresbus | 0.31 | 30/5.22 | | 30/5.22 | | | Sec., Stab-Lagoon, Holding Pond no discharge in 4 yrs. |
| 19 | B & B Laundromat | Cherrystone Inlet | Old Castle Creek | | | | | | | Prl. Septic Tank w/discharger |
| 20 | KMC Foods, Inc. | Cherrystone Inlet | | | | | | | | No Discharge industry |
| 21 | Herbert West Laundromat | Cherrystone Inlet | Kings Creek | | | | | | | Prl. Septic Tank w/Discharger |
| 22 | Town of Cape Charles | Cape Charles Harbor | Cape Charles Harbor | .1652 | 290/4003 | | 139/1923 | | | Raw Sewage, Sewage Treatment to be completed by 1982 |
| 23 | American House Inn | Chesapeake Bay | Chesapeake Bay | | 30/52 | | 30/52 | | | |
| 24 | U.S. Coast Guard | Chesapeake Bay | Chesapeake Bay | .0012 | 30/ | | | 5.02 | 2002 | Bilgewater |
| 25 | U.S. Gov't Cape Charles AFS | Magothy | Magothy | .0012 | | | | 5.03 | | Sec., CL2, Aerated Lagoon, currently no discharge |
| 27 | Exmore Frozen Foods | Machipongo | Trib. To Parting Cr. | .56 | 29/135 | | 18/84 | 6.5 | | Grass Bays, Screening |
| 28 | Exmore Foods (Domestic) | Machipongo | Trib. To Parting Cr. | .02 | 5/0.8 | | 9/1.5 | | | Septic Tank, Sand Filter |
| 30 | Perdue Foods | Metomkin Bay | Parker Creek | 1.7 | 11/156 | | 15/213 | 6.5 | 150 | Sec., Aerated Lagoon, Holding Pond, CL2 |
| 31 | Perdue Foods | Metomkin Bay | Parker Cr. | .01 | | | 15/1.3 | | | |
| 32 | Accomack Co. Nursing Home | Metomkin Bay | Parker Cr. North Fork | .011 | 20/1.8 | | 28/2.6 | 6.5 | 100 | Sec., Extended Aeration, Holding Pond, CL2 |
| 33 | U.S. Gov't NASA (Wallops Island) | Hog Creek | Cat Creek | .005 | 30/ | | 30/ | | | Sec., Stab., Pond, Holding Pond, CL2 |
| 34 | Robo Automatic Car | Chincoteague Channel | Little Simoneaton | | | | | | | |
| 35 | U.S. Gov't NASA | Chincoteague Channel | Mosquito Creek | .105 | 10.6/9.33 | 112/28 | 2.0/1.8 | | | Sec., Trickling Filter |
| 36 | Trail's End Rec. Vehicle Dev. | Chincoteague Channel | Trib to Mosquito Cr. | | | | | | | Septic Tank and Drainfield |
| 37 | Coin-Op Laundromat | Chincoteague Channel | Chincoteague Channel | | | | | | | No discharge |
| 38 | F & G Laundromat | Chincoteague Channel | Chincoteague Channel | .005 | | | | | | |
| 39 | U.S. Coast Guard | Chincoteague Channel | Chincoteague Channel | .0012 | | | 30/0.22 | | 2002 | Discharge-Bilgewater |
| 40 | Phillip Custis | Ramshorn Bay | | | | | | | | Spray Irrigation, no Discharge |
| 43 | Boggs (Melfa) | Nickowampus Creek | | | | | | | | Septic tank waste lagoons, no discharge |
| 44 | Blake (Greenbush) | Deep Creek | | | | | | | | Septic tank waste lagoon, no discharge |
| 45 | Cherrystone Campground | Kings Creek or Cherrystone Inlet | | | | | | | | Stab-Lagoon, Holding pond, no discharge |
| 46 | Wallops Sanitary Landfill | | | | | | | | | Solid waste disposal site, no discharge |
| 47 | Chincoteague Dumpsite | | | | | | | | | Solid waste disposal site, no discharge |
| 48 | Bob Town Sanitary Landfill | | | | | | | | | Solid waste disposal site, no discharge |
| 49 | Northampton Sanitary Landfill | | | | | | | | | Solid waste site, no discharge |
| 52 | Dorsey's Seafood Market | Chincoteague | | | | | | | | Oysters5 |
| 54 | Va-Carolina Seafood Company, Inc. | Hog-Bogue | | | | | 11522 Clams | | | Surf Clams, Oysters, Scallops |
| 682 Oysters |
| 7.02 Scallops |
| 55 | Chincoteague Island Oyster Farm | Chincoteague | | | | | | | | (Oyster-Boat Operation (grows oysters & clams from larvae)5 |
| | Reginald Stubbs Seafood Company | Assateague Channel | | .0024 | 4.2 | | 2.8 | | | Oyster |
| 58 | Shreaves Bros. | Chincoteague | | .0024 | 2.07 | | 8.0 | | | Oyster |
| 60 | Chincoteague Seafood Co. | Chincoteague | | .0634 | 972 | | 79.9 | | | Surf-Clam |
| 61 | Ralph E. Watson Oyster Co. | Chincoteague | | .0034 | 57 | | 53 | | | Oyster |
| 62 | McCready Bros. Inc. | Chincoteague | | | | | | | | Oyster, no discharge |
| 63 | Wm. C. Bunting | Chincoteague | | .0014 | 12 | | 4.8 | | | Oyster |
| 64 | Carpenters Seafood | Chincoteague | | .0014 | 4.1 | | 2.1 | | | Oyster |
| 64a | Burtons Seafood, Inc. | Chincoteague | | .0064 | 10.3 | | .35 | | | Oyster shell stock deal no discharge |
| 69 | Jones Bros. Seafood | Chincoteague | Sheepshead Cr. | | | | | | | Oyster & Clams |
| 70 | W.E. Jones Seafood | Chincoteague | Sheepshead Creek | | | | 46.42 | | | Oyster & Clams |
| 71 | Conner & McGee Seafood | Chincoteague | Sheepshead Creek | | | | | | | Oyster & Clams5 |
| 72 | Hills Oyster Farm | Chincoteague | | | | | | | | Oyster & Clams5 |
| 73 | Thomas E. Reed Seafood | Chincoteague | Deep Hole Creek | | | | | | | Oyster & Clams5 |
| 74 | Mears & Powell | Metomkin | | | | | | | | Oyster-Building, also used to clean fish5 |
| 75 | Wachapreague Seafood Company | Metomkin | Finney Creek | .0364 | | | 144 | | | Sea Clam |
| 76 | George D. Spence and Son | Machipongo | | | | | | | | Crab Shedding5 |
| 77 | George D. Spence and Son | Machipongo | | | | | | | | Crab Picking, no discharge |
| 78 | George T. Bell | Machipongo | | | | | | | | No Discharge, Oyster |
| 79 | George D. Spence and Son | Machipongo | Upshur Bay | | | | | | | Oyster5 |
| 80 | Peters Seafood | Machipongo | | | | | | | | Oyster6 |
| 81 | J.E. Hamblin | Machipongo | | | | | | | | Oyster, No discharge |
| 83 | Nathan Bell Seafood | Machipongo | | | | | | | | Clams, Hard5 |
| 84 | John L. Marshall Seafood | Machipongo | | | | | | | | Clams5 |
| 85 | American Original Foods, Inc. | Machipongo | Parting Creek | .1514 | 2632 | | 1337 | | | |
| 86 | Harvey & Robert Bowen | Machipongo | Parting Creek | .00064 | 6.2 | | 1.7 | | | Oyster |
| 87 | H.M. Terry | Machipongo | Parting Creek | .00044 | 3.3 | | .62 | | | Oyster |
| 89 | Webb's Island Seafood | South Ocean Area | | | | | | | | Clams5 |
| 90 | Cliff's Seafood | South Ocean Area | Mockhorn Bay | | | | | | | Oyster & Clam5 |
| 92 | H. Allen Smith | South Ocean Area | | .0374 | 213 | | 522 | | | Sea Clam |
| 94 | C & D Seafood, Inc. | South Ocean Area | Oyster Harbor | .044 | 427 | | 204 sea clam | | | Sea Clam, Oyster |
| 342 oyster |
| 95 | B.L. Bell & Sons | South Ocean Area | Oyster Harbor | .0014 | 12 | | .9 | | | Oyster |
| 98 | Lance Fisher Seafood Co. | Pocomoke | | .024 | 38 | | 12.8 | | | Oyster and Clam |
| 99 | Fisher & Williams/Lester Fisher | Messongo | | | | | | | | Building used to shed soft crabs5 |
| 100 | Grady Rhodes Seafood | Messongo | | | | | | | | Sold business, Building used to shed soft crabs5 |
| 101 | Bonowell Bros. | Messongo | Pocomoke Sound | .0014 | 12 | | 2.5 | | | Oyster |
| 102 | John H. Lewis & Co. | Messongo | Starling Creek | | | | | | | Oyster SS only, no discharge |
| 103 | Eastern Shore Seafood | Beasly | | | | | | | | Crab, no discharge |
| 106 | Ashton's Seafood, Inc. | Pungoteague | | | | | | | | Shell stock dealer-no discharge |
| 107 | Nandua Seafood Co. | Nandua | | .00014 | .2 | | .9 | | | Crab |
| 108 | A.M. Acuff | Cherrystone | | | | | | | | Building used for storage, no discharge |
| 110 | D.L. Edgerton Co. | Cherrystone | Mud Creek | | | | | | | Conch. In operation. Retort drains overboard & fish wash-down5 |
| 111 & 112 | Tangier Island Seafood, Inc. | Tangier | | | | | | | | Crab5 |
| 113 | Tangier | Chesapeake Bay | | | | | | | | 1000 KW Power Station |
| 114 | Chincoteague | Chincoteague Channel | | | | | | | | 2100 KW Power Station |
| 115 | Parksley | | | | | | | | | 2400 KW Power Station |
| 116 | Tasley | | | | | | | | | 1400 KW Power Station |
| 117 | Bayview | | | | | | | | | 10,000 KW Power Station |
| 118 | Cape Charles | Cape Charles Harbor | | | | | | | | 1200 KW Power Station |
| 119 | Burdick Well & Pump Company | | | | | | | | | Holding Pond, no discharge |
| 120 | Marshall & Son Crab Company | Messongo Cr. | | | | | | | | Crab Shedding5 |
| | Linton & Lewis Crab Co. | Pocomoke Sound | | | | | | | | Crab Shedding5 |
| 122 | D.L. Edgerton | Chincoteague | | | | | | | | Fish Washdown5 |
| 123 | Evans Bros. Seafood Co. | Pocomoke Sound | | | | | | | | Crab Shedding5 |
| 124 | Stanley F. Linton | Messongo | Starling Cr. | | | | | | | Crab Shedding5 |
| 125 | H.V. Drewer & Son | Messongo | Starling Cr. | .0354 | 349 | | 736-clam | | | Oyster & Clam |
| .0184 | 180 | 198-oyster |
| 126 | Chincoteague Fish Co., Inc. | Chincoteague Channel | | | | | | | | Fish Washdown5 |
| 127 | Chincoteague Crab Company | Assateague Channel | | | .182 | | .542 | | | Crab & Crab Shedding |
| 128 | Aldon Miles & Sons | Pocomoke Sound | | | | | | | | Crab Shedding5 |
| 129 | Saxis Crab Co. | Messongo | Starling Cr. | | | | | | | Crab Shedding5 |
| | Paul Watkinson SFD | Pocomoke Sound | | | | | | | | Crab Shedding5 |
| 131 | Russell Fish Co., Inc | Chincoteague Channel | | | | | | | | Fish5 |
| 132 | Mason Seafood Co. | Chincoteague Channel | | .0024 | 7.7 | | 13.7 | | | Oysters |
| Notes:
1Water quality data taken from Discharge Monitoring Reports or special studies unless indicated. 2NPDES Permit limits given since the permit is new and discharge monitoring reports not yet available. 3Data from Accomack-Northampton Co. Water Quality Management Plan. 4Estimated. 5May need a permit -- either company has not responded to SWCB letter or operation has just started up. 6No limits -- has an NPDES permit, but is not required to monitor. |
C. Nitrogen and phosphorus wasteload allocations to restore the Chesapeake Bay and its tidal rivers. The following table presents nitrogen and phosphorus wasteload allocations for the identified significant dischargers and the total nitrogen and total phosphorus wasteload allocations for the listed facilities.
| Virginia Waterbody ID | Discharger Name | VPDES Permit No. | Total Nitrogen (TN) Wasteload Allocation (lbs/yr) | Total Phosphorus (TP) Wasteload Allocation (lbs/yr) |
| C16E | Cape Charles Town WWTP1 | VA0021288 | 6,091 | 457 |
| C11E | Onancock WWTP2 | VA0021253 | 9,137 | 685 |
| C13E | Shore Memorial Hospital | VA0027537 | 1,218 | 91 |
| C10E | Tangier WWTP | VA0067423 | 1,218 | 91 |
| C10R | Tyson Foods – Temperanceville | VA0004049 | 22,842 | 1,142 |
| | TOTALS: | | 40,506 | 2,467 |
| Notes:
1Cape Charles STP: wasteload allocations (WLAs) based on a design flow capacity of 0.5 million gallons per day (MGD). If plant is not certified to operate at 0.5 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 3,046 lbs/yr; TP = 228 lbs/yr, based on a design flow capacity of 0.25 MGD. 2Onancock STP: wasteload allocations (WLAs) based on a design flow capacity of 0.75 million gallons per day (MGD). If plant is not certified to operate at 0.75 MGD design flow capacity by December 31, 2011, the WLAs will decrease to TN = 3,046 lbs/yr; TP = 228 lbs/yr, based on a design flow capacity of 0.25 MGD. |
9VAC25-720-120. York River Basin.
A. Total maximum daily loads (TMDLs).
| TMDL # | Stream Name | TMDL Title | City/County | WBID | Pollutant | WLA1 | Units |
| 1.
| Matadequin Creek
| Bacteria TMDL for Matadequin Creek
| Hanover
| F13
| E. coli
| 0
| cfu/year
|
| 2.
| Monquin Creek
| Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin
| King William
| F13
| E. coli
| 8.71E+10
| cfu/year
|
| 3.
| Pamunkey River
| Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin
| King William, Hanover, Spotsylvania, Orange, Louisa
| F01, F02, F03, F04, F05, F06, F07, F08, F09, F10, F11, F12, F13
| E. coli
| 2.49E+13
| cfu/year
|
| 4.
| Black Creek
| Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin
| New Kent
| F13
| E. coli
| 1.26E+10
| cfu/year
|
| 5.
| Mechumps Creek
| Bacteria TMDL for Mechumps Creek
| Hanover
| F12
| E. coli
| 1.00E+12
| cfu/year
|
| 6.
| Taylors Creek
| Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin
| Hanover
| F03
| E. coli
| 1.89E+09
| cfu/year
|
| 7.
| Northeast Creek
| Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin
| Spotsylvania
| F09
| E. coli
| 2.30E+10
| cfu/year
|
| 1. | Lower Pamunkey River | E. coli TMDL Development for The Pamunkey River and Tributaries, VA | Hanover, Louisa, King William, Caroline, Spotsylvania, New Kent | F13R, F13E, F14R, F14E | E. coli | 5.38E+13 | cfu/yr |
| 2. | Middle Pamunkey River | E. coli TMDL Development for The Pamunkey River and Tributaries, VA | Hanover, Louisa, King William, Caroline, Spotsylvania, New Kent | F12R | E. coli | 2.36E+13 | cfu/yr |
| 3. | Taylors Creek (VAN-F03R-01) | E. coli TMDL Development for The Pamunkey River and Tributaries, VA | Hanover, Louisa, King William, Caroline, Spotsylvania, New Kent | F03R | E. coli | 3.66E+10 | cfu/yr |
| 4. | Northeast Creek | E. coli TMDL Development for The Pamunkey River and Tributaries, VA | Hanover, Louisa, King William, Caroline, Spotsylvania, New Kent | F09R | E. coli | 2.34E+12 | cfu/yr |
| 8. 5.
| Totopotomoy Creek | Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin | Hanover | F13 | E. coli | 2.62E+10 | cfu/year |
| 9. 6.
| Newfound River | Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin | Hanover | F05 | E. coli | 2.89E+10 | cfu/year |
| 10.
| South Anna River (F02R-01)
| Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin
| Louisa
| F01, F02
| E. coli
| 1.48E+12
| cfu/year
|
| 11.
| South Anna River (F01R-01)
| Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin
| Louisa
| F01
| E. coli
| 1.64E+12
| cfu/year
|
| 12.
| South Anna River (F04R-01)
| Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin
| Louisa
| F01, F02
| E. coli
| 1.72E+12
| cfu/year
|
| 13.
| South Anna River (F04R-02)
| Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin
| Louisa, Hanover
| F01, F02, F03, F04, F05
| E. coli
| 3.48E+12
| cfu/year
|
| 7. | South Anna River (VAN-F02R-01) | E. coli TMDL Development for The Pamunkey River and Tributaries, VA | Hanover, Louisa, King William, Caroline, Spotsylvania, and New Kent | F01R, F02R | E. coli | 7.50E+12 | cfu/yr |
| 8. | South Anna River (VAN-F01R-01) | E. coli TMDL Development for The Pamunkey River and Tributaries, VA | Hanover, Louisa, King William, Caroline, Spotsylvania, and New Kent | F01R | E. coli | 4.92E+12 | cfu/yr |
| 9. | South Anna River (VAP-F04R-01) | E. coli TMDL Development for The Pamunkey River and Tributaries, VA | Hanover, Louisa, King William, Caroline, Spotsylvania, and New Kent | F03R, F04R | E. coli | 7.74E+12 | cfu/yr |
| 10. | South Anna River (VAP-F04R-02) | E. coli TMDL Development for The Pamunkey River and Tributaries, VA | Hanover, Louisa, King William, Caroline, Spotsylvania, and New Kent | F04R | E. coli | 6.02E+12 | cfu/yr |
| 14. 11.
| Adams Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Poropotank River and Adams Creek | Gloucester | F26 | Fecal coliform | 4.48E+08 | MPN/day |
| 15. 12.
| Poropotank River and Morris Bay | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Poropotank River and Adams Creek | Gloucester | F26 | Fecal coliform | 4.78E+09 | MPN/day |
| 16. 13.
| Felgates Creek | Bacteria Total Maximum Daily Load Development for the Queen Creek, King Creek, and Felgates Creek Watersheds | York | F27 | Fecal coliform | 3.70E+10 | MPN/day |
| 17. 14.
| King Creek | Bacteria Total Maximum Daily Load Development for the Queen Creek, King Creek, and Felgates Creek Watersheds | York | F27 | Fecal coliform | 4.37E+10 | MPN/day |
| 18. 15.
| Queen Creek | Bacteria Total Maximum Daily Load Development for the Queen Creek, King Creek, and Felgates Creek Watersheds | York, Williamsburg | F26 | Fecal coliform | 9.69E+11 | MPN/day |
| 19. 16.
| Perrin River, upper | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Sarah Creek and Perrin River | Gloucester | F27 | Fecal coliform | N/A2 | MPN/day |
| 20. 17.
| Sarah Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Sarah Creek and Perrin River | Gloucester | F27 | Fecal coliform | N/A2 | MPN/day |
| 21. 18.
| Plentiful Creek | Bacteria TMDLs for York River Basin | Spotsylvania | F07 | E. coli | 3.57E+09 | cfu/year |
| 22. 19.
| Mountain Run | Bacteria TMDLs for York River Basin | Orange | F06 | E. coli | 1.22E+10 | cfu/year |
| 23. 20.
| Beaver Creek | Bacteria TMDLs for York River Basin | Orange | F06 | E. coli | 1.25E+10 | cfu/year |
| 24. 21.
| Terrys Run | Bacteria TMDLs for York River Basin | Orange | F07 | E. coli | 1.86E+10 | cfu/year |
| 25. 22.
| Pamunkey Creek and Tomahawk Creek | Bacteria TMDLs for York River Basin | Orange | F07 | E. coli | 9.05E+10 | cfu/year |
| 26. 23.
| Goldmine Creek | Bacteria TMDLs for York River Basin | Louisa | F06 | E. coli | 1.09E+11 | cfu/year |
| 27. 24.
| Lower Pamunkey River | Bacteria Total Maximum Daily Load Development for the Upper York River, the Lower Pamunkey River, and the Lower Mattaponi River (Tidal) Watersheds | New Kent, King William | F14 | Enterococci | 1.34E+10 | cfu/day |
| 28. 25.
| Lower Mattaponi River | Bacteria Total Maximum Daily Load Development for the Upper York River, the Lower Pamunkey River, and the Lower Mattaponi River (Tidal) Watersheds | King and Queen, King William | F24, F25 | Enterococci | 1.42E+10 | cfu/day |
| 29. 26.
| Upper York River | Bacteria Total Maximum Daily Load Development for the Upper York River, the Lower Pamunkey River, and the Lower Mattaponi River (Tidal) Watersheds | New Kent, King William, King and Queen | F14, F24, F25, F26 | Enterococci | 2.76E+10 | cfu/day |
| 30. 27.
| Upper York River | Bacteria Total Maximum Daily Load Development for the Upper York River, the Lower Pamunkey River, and the Lower Mattaponi River (Tidal) Watersheds | New Kent, King William, King and Queen | F14, F24, F25, F26 | Fecal coliform | 1.14E+12 | counts/day |
| 31. 28.
| Taskinas Creek | TMDL Report for Chesapeake Bay Shellfish Waters: Ware Creek, Taskinas Creek, and Skimino Creek Bacterial Impairments | James City | F26 | Fecal coliform | 4.97E+08 | MPN/day |
| 32. 29.
| Skimino Creek | TMDL Report for Chesapeake Bay Shellfish Waters: Ware Creek, Taskinas Creek, and Skimino Creek Bacterial Impairments | James City | F26 | Fecal coliform | 1.34E+09 | MPN/day |
| 33. 30.
| Ware Creek | TMDL Report for Chesapeake Bay Shellfish Waters: Ware Creek, Taskinas Creek, and Skimino Creek Bacterial Impairments | James City | F26 | Fecal coliform | 1.36E+09 | MPN/day |
| 34. 31.
| Aberdeen Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - York River: Gloucester Point to Jones Creek | Gloucester | F26 | Fecal coliform | N/A2 | MPN/day |
| 35. 32.
| Carter Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - York River: Gloucester Point to Jones Creek | Gloucester | F27 | Fecal coliform | N/A2 | MPN/day |
| 36. 33.
| Cedarbush Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - York River: Gloucester Point to Jones Creek | Gloucester | F27 | Fecal coliform | N/A2 | MPN/day |
| 37. 34.
| Jones Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - York River: Gloucester Point to Jones Creek | Gloucester | F26 | Fecal coliform | N/A2 | MPN/day |
| 38. 35.
| Timberneck Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - York River: Gloucester Point to Jones Creek | Gloucester | F27 | Fecal coliform | N/A2 | MPN/day |
| 36. | Upper Little River | E. coli TMDL Development for The Pamunkey River and Tributaries, VA | Hanover, Louisa, King William, Caroline, Spotsylvania, New Kent | F11R, F10R | E. coli | 5.61E+12 | cfu/yr |
| 37. | Upper Pamunkey River and North Anna River | E. coli TMDL Development for The Pamunkey River and Tributaries, VA | Hanover, Louisa, King William, Caroline, Spotsylvania, New Kent | F12R, F09R | E. coli | 3.25E+13 | cfu/yr |
| Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria. 2There were no point source dischargers in the modeled TMDL area. |
B. Stream segment classifications, effluent limitations including water quality based effluent limitations, and wasteload allocations.
| TABLE B1 -- RECOMMENDED STREAM SEGMENTS IN THE YORK RIVER BASIN |
| Segment Number | Classification | Name of River (Description)* |
| 8-1 | E.L. | North Anna River (main and tributaries except Goldmine Creek and Contrary Creek) R.M. 68.4-0.0 |
| 8-2 | E.L. | Goldmine Creek |
| 8-3 | W.Q. | Contrary Creek (main only) R.M. 9.5-0.0 |
| 8-4 | E.L. | South Anna River (main and tributaries) R.M. 101.2-97.1 |
| 8-5 | E.L. | South Anna River (main only) R.M. 97.1-77.4 |
| 8-6 | E.L. | South Anna River (main and tributaries) R.M.77.4-0.0 |
| 8-7 | E.L. | Pamunkey River (main and tributaries) R.M. 90.7-12.2 |
| 8-8 | W.Q. | Pamunkey River (main only) R.M. 12.2-0.0 |
| 8-9 | E.L. | Mattaponi River (main and tributaries) R.M.102.2-10.2 |
| 8-10 | E.L. | Mattaponi River (main only) R.M.10.2-0.0 |
| 8-11 | W.Q. | York River (main only) R.M. 30.4-22.4 |
| 8-12 | E.L. | York River (main and tributaries except King Creek and Carter Creek) –R.M. 22.4-0.0 |
| 8-13 | E.L. | Carter Creek (main and tributaries) R.M. 5.4-2.0 |
| 8-14 | E.L. | Carter Creek (main only) R.M. 2.0-0.0 |
| 8-15 | E.L. | King Creek (main only) R.M.5.6-0.0 |
| 8-16 | W.Q. | Condemned shellfish areas- Timberneck, Queens, and Sarah Creeks and portions of the main stream of the York River. |
| Notes:
*R.M.= River Mile, measured from the river mouth Source: Roy F. Western |
| TABLE B2 -- WASTELOAD ALLOCATIONS (IN LBS PER DAY) |
| POINT SOURCE | 1977 WASTELOAD2 | MAXIMUM7 DAILY LOAD | RECOMMENDED ALLOCATION | RAW WASTELOAD AT 1995 | REQUIRED & REMOVAL EFFICIENCY 1995 |
| CBOD5 | UBOD1 | CBOD5 | UBOD | CBOD5 | UBOD | PERCENT
RESERVE | CBOD5 | UBOD | CBOD5 | UBOD |
| Gordonsville | 145 | 398 | 150 | 412 | 150 | 412 | 0 | 1950 | 2730 | 92 | 85 |
| Louisa-Mineral | 50 | 108 | 55 | 118 | 55 | 118 | 0 | 850 | 1150 | 93 | 90 |
| Doswell | 52 | 110 | 8628 | 14078 | 6908 | 11258 | 20 | 1080 | 1444 | 854 | 71 |
| Thornburg | 63 | 150 | 68 | 162 | 68 | 162 | 0 | 1240 | 1690 | 94 | 90 |
| Bowling Green | 27 | 64 | 29 | 68 | 29 | 68 | 0 | 680 | 926 | 96 | 93 |
| Ashland | 160 | 303 | 235 | 559 | 188 | 447 | 20 | 2250 | 3825 | 92 | 88 |
| Hanover (Regional STP) | 170 | 437 | 280 | 820 | 280 | 820 | 0 | 5730 | 7930 | 96 | 90 |
| Chesapeake Corp. | 6400 | 8000 | 104455 | 150005 | 104455 | 150005 | N/A | 51700 | 64630 | 90 | 90 |
| West Point | 105 | 380 | 2813 | 1020 | 225 | 814 | 20 | 1000 | 1600 | 854 | 66 |
| Notes:
1BOD is Ultimate Biochemical Oxygen Demand. Its concentration is derived by the following: BOD5/0.80+ 4.5(TKN)=(UBOD). NOTE: The amount of TKN utilized depends on the location in the basin. 2Projected for 1977 based on population projections. 3Recommended allocation based on BPCTCA effluent guidelines applied to raw wasteloads at 2020. 4Minimum removal efficiency. 5Allocation based on BPCTCA effluent guidelines; amended by Minute 25, June 3-5, 1979 board meeting. 7Assimilative capacity. 8Amended by Minute 1, August 17, 1978, board meeting. Source: Roy F. Weston, Inc. |
C. Nitrogen and phosphorus wasteload allocations to restore the Chesapeake Bay and its tidal rivers. The following table presents nitrogen and phosphorus wasteload allocations for the identified significant dischargers and the total nitrogen and total phosphorus wasteload allocations for the listed facilities.
| Virginia Waterbody ID | Discharger Name | VPDES Permit No. | Total Nitrogen (TN) Wasteload Allocation (lbs/yr) | Total Phosphorus (TP) Wasteload Allocation (lbs/yr) |
| F20R | Caroline County STP | VA0073504 | 9,137 | 1,066 |
| F01R | Gordonsville STP | VA0021105 | 17,177 | 2,004 |
| F04R | Ashland WWTP | VA0024899 | 36,547 | 4,264 |
| F09R | Doswell WWTP | VA0029521 | 18,273 | 2,132 |
| F09R | Bear Island Paper Company | VA0029521 | 47,328 | 12,791 |
| F27E | Giant Yorktown Refinery | VA0003018 | 167,128 | 22,111 |
| F27E | HRSD - York River STP | VA0081311 | 274,100 | 31,978 |
| F14R | Parham Landing WWTP1 | VA0088331 | 36,547 | 4,264 |
| F14E | Smurfit Stone - West Point | VA0003115 | 259,177 | 70,048 |
| F12E | Totopotomoy WWTP | VA0089915 | 182,734 | 21,319 |
| F25E | West Point STP | VA0075434 | 10,964 | 1,279 |
| C04E | HRSD - Mathews Courthouse STP | VA0028819 | 1,827 | 213 |
| | TOTALS: | | 1,060,939 | 173,469 |
| Notes:
1Parham Landing WWTP: wasteload allocations (WLAs) based on a design flow capacity of 2.0 million gallons per day (MGD). If plant is not certified to operate at 2.0 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 10,416 lbs/yr; TP = 1,215 lbs/yr, based on a design flow capacity of 0.57 MGD. |
VA.R. Doc. No. R15-4301; Filed April 10, 2015, 8:33 a.m.
TITLE 11. GAMING
VIRGINIA RACING COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The Virginia Racing Commission is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 17 of the Code of Virginia when promulgating technical regulations regarding actual live horse racing at race meetings licensed by the commission.
Title of Regulation: 11VAC10-140. Flat Racing (amending 11VAC10-140-240).
Statutory Authority: § 59.1-369 of the Code of Virginia.
Effective Date: May 1, 2015.
Agency Contact: David S. Lermond, Jr., Regulatory Coordinator, Virginia Racing Commission, 5707 Huntsman Road, Suite 201-B, Richmond, VA 23250, telephone (804) 966-7404, or email david.lermond@vrc.virginia.gov.
Summary:
The amendments clarify and update the provision regarding a rider going off course during a steeplechase race consistent with the Rules of Racing of the National Steeplechase Association.
11VAC10-140-240. Off course.
If a horse runs on the wrong side of a post, fence, beacon or flag, it shall be considered off course and the jockey must turn back, return to the point where the horse went off course and complete the proper course or be disqualified. If a horse leaves the prescribed course of a race and jumps any fence or goes around any beacon or other obstacle other than those on the prescribed course, it must turn back and resume the race from the point at which it originally left the prescribed course, or be disqualified. A rider who continues in a race on a horse thus disqualified may be fined or suspended, or both. If a beacon or flag is dislodged from its position, it is no longer considered to mark the course and can be ignored by the rider.
VA.R. Doc. No. R15-4288; Filed April 17, 2015, 2:45 p.m.
TITLE 11. GAMING
VIRGINIA RACING COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The Virginia Racing Commission is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 17 of the Code of Virginia when promulgating technical regulations regarding actual live horse racing at race meetings licensed by the commission.
Title of Regulation: 11VAC10-160. Steeplechase Racing (amending 11VAC10-160-30, 11VAC10-160-100).
Statutory Authority: § 59.1-369 of the Code of Virginia.
Effective Date: May 1, 2015.
Agency Contact: David S. Lermond, Jr., Regulatory Coordinator, Virginia Racing Commission, 5707 Huntsman Road, Suite 201-B, Richmond, VA 23250, telephone (804) 966-7404, or email david.lermond@vrc.virginia.gov.
Summary:
The amendments clarify and update the provisions regarding jockey overweights and remounting a horse after a fall consistent with the Rules of Racing of the National Steeplechase Association.
11VAC10-160-30. Overweights.
If the overweight is more than one pound, the jockey shall declare the amount of the overweight to the clerk of scales no later than 45 60 minutes before post time. If the overweight exceeds 10 pounds, a substitute jockey must be named, except that an amateur jockey may carry more than 10 pounds of overweight. No rider may carry more than 195 pounds in a race.
11VAC10-160-100. Remounting after fall.
Any horse losing its rider during the running of a race may not be remounted by its jockey in any part of the same field or enclosure in which the mishap occurred. If the loose horse leaves the field, then it must be returned to the field where the mishap occurred before resuming the course.
VA.R. Doc. No. R15-4287; Filed April 17, 2015, 2:54 p.m.
TITLE 11. GAMING
VIRGINIA RACING COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The Virginia Racing Commission is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 B 23 of the Code of Virginia when promulgating regulations pertaining to the administration of medication or other substances foreign to the natural horse.
Title of Regulation: 11VAC10-180. Medication (amending 11VAC10-180-10, 11VAC10-180-25, 11VAC10-180-35, 11VAC10-180-70 through 11VAC10-180-90, 11VAC10-180-110).
Statutory Authority: § 59.1-369 of the Code of Virginia.
Effective Date: May 1, 2015.
Agency Contact: David S. Lermond, Jr., Regulatory Coordinator, Virginia Racing Commission, 5707 Huntsman Road, Suite 201-B, Richmond, VA 23250, telephone (804) 966-7404, or email david.lermond@vrc.virginia.gov.
Summary:
The amendments (i) change the Lasix administration time for race meets where a horse is shipped in to race as opposed to being stabled on the grounds of a racetrack and (ii) provide for the retainage of split samples by the official testing laboratory.
11VAC10-180-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Bleeder" means a horse that has been diagnosed as suffering from exercise-induced pulmonary hemorrhage based on external or endoscopic examination by the a commission veterinarian or a practicing veterinarian who is a permit holder in the Commonwealth of Virginia or any other jurisdiction.
"Bleeder list" means a tabulation of all bleeders to be maintained by the stewards.
"Commission" means the Virginia Racing Commission.
"Controlled substance" means a drug, substance, or immediate precursor in Schedules I through VI of the Virginia Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia) or any substance included in the five classification schedules of the U.S. federal Uniform Controlled Substances Act (21 USC § 301 et seq.).
"Furosemide list" means a tabulation of horses permitted to use the medication of furosemide on race day by declaration to the stewards, in addition to horses on the bleeder list.
"Injectable substance" means a liquid or solid substance that may require the addition of a liquid via a needle and syringe to change it from a solid into a liquid, contained in a vial that can be accessed and administered only via a needle and syringe.
"Licensed veterinarian" means a veterinarian who holds a valid license to practice veterinary medicine and surgery under the applicable laws of the jurisdiction in which such person's practice is principally conducted.
"Milkshaking" or "bicarbonate loading" means administering a bicarbonate or other alkalinizing substance to a horse that elevates the horse's total carbon dioxide level or pH level above those existing naturally in the untreated horse at normal physiological concentrations as determined by the commission, regardless of the means of administration.
"Permitted race day substances" means only substances approved by the commission that are administered solely for the benefit and welfare of the horse, nonperformance altering, of no danger to riders/drivers, and unlikely to interfere with the detection of prohibited substances.
"Prescription substance" means any substance that is administered or dispensed or labeled for use by or on the order of a licensed veterinarian for the purpose of medical treatment of an animal patient when a bona fide doctor-patient relationship has been established.
"Primary laboratory" means a facility designated by the commission for the testing of test samples.
"Prohibited substance" means any drug, medication, or chemical foreign to the natural horse, whether natural or synthetic, or a metabolite or analog thereof, the use of which is not expressly permitted by the regulations of the commission.
"Race day" means the 24-hour period before post-time post time for the race in which the horse is entered to start.
"Reference laboratory" means a facility designated by the commission for the testing of split samples.
"Ship-in meet" means a limited meet, generally one, two, or three consecutive days of racing, to which the preponderance of horses ship in to race, leave after racing, and do not remain for daily training.
"Substance" means any drug, medication, or chemical foreign to the natural horse or human being, whether natural or synthetic, or a metabolite or analog thereof.
"Test sample" means any sample of blood, urine, saliva, or tissue obtained from a horse or person for the purpose of laboratory testing for the presence of substances.
"Tubing" means the administration to a horse of any substance via a naso-gastric tube.
11VAC10-180-25. Veterinary practices.
A. Veterinarians under authority of commission veterinarian. Veterinarians holding valid veterinarian permits issued by the commission and practicing at any location under the jurisdiction of the commission are under the authority of the commission veterinarian and the stewards. The commission veterinarian shall recommend to the stewards the discipline that may be imposed upon a veterinarian who violates these regulations.
B. Treatment restrictions.
1. Only licensed trainers, licensed owners, or their designees shall be permitted to authorize veterinary medical treatment of horses under their care, custody, and control at locations under the jurisdiction of the commission.
2. Except as otherwise provided in the regulations, no person other than a licensed veterinarian holding a valid permit issued by the commission may administer a prescription or controlled medication, drug, chemical, or other substance to a horse at any location under the jurisdiction of the commission.
3. This section does not apply to the administration of the following substances unless the quantity administered results in detection in post-race samples or interferes with post-race testing:
a. A recognized noninjectable nutritional supplement approved by a commission veterinarian;
b. A noninjectable, nonprescription medication or substance approved by a commission veterinarian; and
c. A noninjectable medication or substance on the direction or by prescription of a licensed veterinarian.
2. 4. No person, except a veterinarian holding a valid veterinarian's permit or an assistant under his immediate supervision, shall have in his possession within the enclosure any hypodermic syringe or needle or any instrument capable of being used for the injection of any substance.
3. 5. No person, except a veterinarian holding a valid veterinarian's permit or an assistant under his immediate supervision, shall have in his possession within the enclosure any injectable substance.
4. 6. Notwithstanding these regulations, a veterinarian or other permit holder may possess within the enclosure of a horse racing facility a hypodermic syringe and needle for the purpose of administering to himself a substance, provided that the permit holder has documentary evidence that the substance can only be administered by injection and that the substance to be administered by injection has been prescribed for him.
5. 7. Unless granted approval by the commission veterinarian, practicing veterinarians shall not have contact with an entered horse on race day. Any unauthorized contact may result in the horse being scratched from the race in which it was scheduled to compete and may result in further disciplinary action by the stewards.
C. Veterinarian treatment reports.
1. Practicing veterinarians must maintain complete records of all treatments, including date, time, and proper identification of each horse. The record shall contain the name of the trainer, the name of the horse, all medications and dosages administered, and all diagnostic and therapeutic procedures performed on the horse.
2. At the request of the commission veterinarian or stewards, practicing veterinarians shall produce within 24 hours the billing and/or and treatment records or and other information for any horse treated by the veterinarian.
3. A medication report that is consistent with analytical results of a positive test and is filed prior to post time for the race in question may be used as a mitigating factor in determining the nature and extent, if any, of a rules violation.
11VAC10-180-35. Prohibited practices.
A. No trainer shall allow a horse to appear in a race, qualifying race, or official timed workout, when the horse contains in its system any prohibited substance, as determined by testing of blood, saliva, or urine, or any other reasonable means.
B. No person shall administer any prohibited substance to a horse on race day. Furosemide is the only substance specifically permitted for use in approved horses on race day.
C. No veterinarian or permit holder shall, without good cause, possess or administer any substance to a horse stabled within the enclosure or at any facility under the jurisdiction of the commission if the substance:
1. That has Has not been approved by the U.S. Food and Drug Administration (FDA) for any use (human or animal), or by the U.S. Department of Agriculture's Center for Veterinary Biologics;
2. That is Is on the U.S. Drug Enforcement Agency's Schedule I or Schedule II of controlled substances as prepared by the Attorney General of the United States pursuant to 21 USC §§ 811 and 812;
3. That its use may May endanger the health and welfare of the horse or endanger the safety of the rider or driver, or its use may adversely affect the integrity of racing; or
4. That does Does not have a recognized laboratory analytical method to detect and confirm its administration.
D. No person, except a veterinarian holding a valid veterinarian's permit or an assistant under his immediate supervision, shall have in his possession within the enclosure of a horse racing facility any prescription substance for animal use unless:
1. The person actually possesses, within the enclosure of the horse racing facility, documentary evidence that a prescription has been issued to him for the substance by a licensed veterinarian;
2. The prescription substance is labeled with a dosage for the horse or horses to be treated with the prescription substance; and
3. The horse or horses named in the prescription are then under the care and supervision of the permit holder and are then stabled within the enclosure of the horse racing facility.
E. The possession or administration of equine growth hormone, venoms, erythropoietin (Epogen), darbepoietin, oxyglobin, Hemopure, or any analogous substance that increases oxygen-carrying capacity of the blood is prohibited. Furthermore, should the analysis of a test sample detect the presence of antibodies of erythropoietin or darbepoietin or any analogous substance in the horse's blood that indicates a history of use of these substances, the horse shall be prohibited from racing and placed on the veterinarian's list until the horse tests negative for the presence of such antibodies.
F. The use of androgenic and anabolic steroids is prohibited in racing horses as stipulated in 11VAC10-180-75.
G. The use of an extracorporal shockwave therapy device or radial pulse wave therapy device is prohibited on the racetrack premises and at any site that falls under the jurisdiction of the Virginia Racing Commission unless:
1. The therapy device is registered with the commission veterinarian;
2. The therapy device is used by a veterinarian who is a permit holder; and
3. Each use of the therapy device is reported to the commission veterinarian on the treatment report.
Notwithstanding the provisions above, whether on or off the premises, a shockwave therapy device or radial pulse wave therapy device shall not be used on a racehorse fewer than 10 days before the horse is to race or train at racing speed. For the purposes of this calculation, the day of treatment shall be considered day one.
H. Tubing of horses prohibited. The tubing or dosing of any horse for any reason on race day is prohibited, unless administered for medical emergency purposes by a licensed veterinarian in which case the horse shall be scratched. The practice of administration of any substance, via a tube or other method, into a horse's stomach on race day is considered a violation of this chapter.
1. Using or possessing the ingredients or the paraphernalia associated with forced feeding to a horse of any alkalinizing agent with or without a concentrated form of carbohydrate, or administering any substance by tubing or other method on race day shall be considered a violation of this chapter.
2. Under the provisions of this subsection, endoscopic examination shall not be considered a violation of this chapter.
I. Notwithstanding any other provision in this chapter, no substance of any kind may be administered to a horse within four hours, or three hours for a ship-in meet, of the scheduled post time for the race in which the horse is entered. To ensure uniform supervision and conformity to this regulation, the trainer shall have each horse programmed to race stabled in its assigned stall within the enclosure of the horse race facility no fewer than five hours, or four hours for a ship-in meet, prior to post time for the respective race.
J. Intra-articular injections prohibited. Injecting any substance or inserting a needle into a joint space is prohibited within seven days prior to the horse's race.
K. Peri-neural injections prohibited. Injecting a local anesthetic or other chemical agent adjacent to a nerve is prohibited within three days prior to the horse's race.
L. Hyperbaric oxygen chamber prohibited. Subjecting a horse to therapy utilizing a hyperbaric oxygen chamber is prohibited within four days prior to the horse's race.
11VAC10-180-70. Phenylbutazone, flunixin, and other NSAIDs.
A. Generally. By this regulation, the Virginia Racing Commission prohibits the use of multiple NSAIDs in a horse on any given day (stacking) within 96 hours prior to the horse's race. Despite this prohibition of stacking, this regulation specifically permits the use of one of either phenylbutazone, flunixin, or ketoprofen in racehorses in the quantities provided for in this chapter.
B. Quantitative testing. Any horse to which phenylbutazone, flunixin, or ketoprofen has been administered shall be subject to testing at the direction of the commission veterinarian to determine the quantitative levels of phenylbutazone, flunixin, and ketoprofen or the presence of other substances that may be present.
C. Disciplinary actions. The stewards may take disciplinary actions for reports of quantitative testing by the primary testing laboratory for levels of phenylbutazone quantified at levels above 2.0 micrograms per milliliter of serum or plasma, flunixin quantified at levels above 20 ng per milliliter of serum or plasma, or ketoprofen quantified at levels above 10 2.0 ng per milliliter of serum or plasma in horses following races, qualifying races, and official timed workouts for the stewards or commission veterinarian, and may use the most recent revision of the Association of Racing Commissioners International (RCI) Uniform Classification Guidelines for Foreign Substances and the Multiple Violations Penalty System as a guide. The stewards, in their discretion, may impose other more stringent disciplinary actions against trainers or other permit holders who violate the provisions under which phenylbutazone, flunixin, or ketoprofen is permitted by the commission.
11VAC10-180-75. Androgenic and anabolic steroids.
A. All androgenic and anabolic steroids are prohibited in racing horses, except as provided below in this section.
B. Residues of the major metabolite of stanozolol, nandrolone, boldenone, and testosterone at concentrations less than the thresholds indicated below in this section are permitted in test samples collected from racing horses.
C. Concentrations of these substances identified in subsection B of this section shall not exceed the following threshold concentrations:
1. Stanozolol – 100 pg/ml in serum or plasma for all horses regardless of gender.
2. Boldenone – 250 100 pg/ml in serum or plasma for all horses regardless of gender.
3. Nandrolone.
a. 100 pg/ml in serum or plasma in geldings, fillies, and mares.
b. Male horses other than geldings will not be tested for nandrolone.
4. Testosterone.
a. 100 pg/ml in serum or plasma in geldings, fillies, and mares.
b. Male horses other than geldings will not be tested for testosterone.
D. The presence of more than one of the four substances identified in subsection B of this section at concentrations greater than the individual thresholds indicated in subsection C of this section or a combination of any two or more substances recognized as androgenic or anabolic is prohibited.
E. The gender of each horse must be so identified for test samples submitted to the laboratory.
F. Any horse administered an androgenic or anabolic steroid to assist in the recovery from illness or injury may be placed on the veterinarian's list in order to monitor the concentration of the drug in serum or plasma. After the concentration has fallen below the designated threshold, the horse is eligible to be removed from the list.
G. The stewards may take disciplinary actions for reports of quantitative testing by the primary testing laboratory indicating the presence of one or more androgenic or anabolic steroid at concentrations above the individual thresholds indicated in subsection C of this section and may use the most recent revision of the Association of Racing Commissioners International (RCI) Uniform Classification Guidelines for Foreign Substances and the Multiple Violations Penalty System as a guide.
11VAC10-180-80. Permitted race day substances.
A. Generally. Furosemide shall be the only medication permitted to be administered on race day and only to those horses eligible for furosemide treatment as designated by the bleeder list and furosemide list described in subsection B of this section.
B. Bleeder medications. By this regulation, the Virginia Racing Commission specifically permits the use of bleeder medications in only those horses that:
1. Have been placed on the bleeders list by the stewards;
2. Have raced on furosemide in another jurisdiction on the last previous start in a pari-mutuel race, as indicated by the past performance chart or by verification by the commission veterinarian from that racing jurisdiction, or both; or
3. Have been placed on the furosemide list by the stewards. A horse is eligible for inclusion on the furosemide list if the licensed trainer and a licensed veterinarian determine it is in the horse's best interest to race with furosemide, and the prescribed commission form is presented to the commission veterinarian prior to the close of entries for the horse's race. A horse placed on the furosemide list without demonstrating an episode of exercise-induced pulmonary hemorrhage is not restricted from racing for the usual recovery period described in 11VAC10-180-85 D. However, any future episode of exercise-induced pulmonary hemorrhage shall be considered a reoccurrence of bleeding for the purpose of determining restrictions from racing, as provided in this chapter.
a. A trainer or owner may discontinue the administration of furosemide to his racehorse only with the permission of the stewards. The request must be submitted in writing on forms prescribed by the commission and prior to entering the horse in a race.
b. A horse removed from the furosemide list may not be placed back on the furosemide list for a period of 60 calendar days unless the horse suffers an external bleeding incident witnessed by the commission veterinarian or his designee. In such case, the horse shall be placed on the bleeders list as though that bleeding incident was a reoccurrence of bleeding and subjected to a minimum 30-day or 90-day restriction for recovery as provided in this chapter.
C. Furosemide.
1. Procedures for usage. The use of furosemide on race day is permitted by the commission only in horses eligible to receive bleeder medications and under the following circumstances:
a. Furosemide shall be administered by a single dose intravenously no less than four hours, or three hours for a ship-in meet, prior to post time within the enclosure of the horse race facility by a veterinarian who shall be specifically designated by the commission to administer furosemide.
b. The furosemide dosage administered shall not exceed 10 ml (500 mg) and shall not be less than 3 3.0 ml (150 mg). At a ship-in meet, the minimum dosage shall be not less than 2.0 ml (100 mg).
c. The veterinarian administering the furosemide shall be an employee of the commission or otherwise observed by an employee of the commission who shall deliver a furosemide treatment report to the commission no later than two hours prior to post time. The furosemide treatment report shall contain the following:
(1) The trainer's name, date, horse's name, and horse's identification number;
(2) The time furosemide was administered to the horse;
(3) The dosage level administered for this race;
(4) The barn and stall number; and
(5) The signature of the practicing veterinarian, who is a permit holder and is specifically designated by the commission to administer furosemide.
2. Furosemide quantification. Furosemide levels must not exceed 100 nanograms per milliliter (ng/ml) of serum or plasma and urine specific gravity measuring 1.010 or lower. If a urine sample is unavailable for specific gravity measurement, serum or plasma concentration may not exceed 100 nanograms per milliliter. Furosemide must be present in the serum or plasma or urine of any horse that has been designated in the program as being treated with furosemide.
D. Disciplinary actions.
1. For the first violation of the regulation pertaining to furosemide quantification (subdivision C 2 of this section), the stewards shall issue a written reprimand to the trainer and to the practicing veterinarian, if applicable.
2. For the second violation of the regulation pertaining to furosemide quantification (subdivision C 2 of this section), the stewards shall fine the trainer, practicing veterinarian, or both an amount not to exceed $500.
3. For the third violation of the regulation pertaining to furosemide quantification (subdivision C 2 of this section) within a 365-day period, the stewards shall suspend or fine the trainer, practicing veterinarian, or both, not to exceed $1,000 and 15 days.
4. The stewards, in their discretion, may impose other more stringent disciplinary actions against trainers or other permit holders who violate the provisions under which furosemide is permitted by the commission, regardless of whether or not the same horse is involved.
E. Adjunct bleeder medications. The Virginia Racing Commission prohibits the use of bleeder adjunct medication on race day.
F. Program designation. The licensee shall be responsible for designating in the program those horses racing on furosemide. The designation shall also include those horses making their first start while racing on furosemide. In the event there is an error, the licensee shall be responsible for making an announcement to be made over the public address system and taking other means to correct the information published in the program.
G. Discontinue use of furosemide. A trainer or owner may discontinue the administration of furosemide to his horse only with the permission of the stewards and prior to entering the horse in a race.
11VAC10-180-85. Bleeders.
A. Examination of bleeders. A horse that is alleged to have bled in Virginia must be physically examined by the commission veterinarian or a practicing veterinarian who is a permit holder in order to confirm the horse's inclusion on the bleeder list. The veterinarian may conclude a horse is a bleeder under the following circumstances:
1. If the examination takes place immediately following the race or exercise and before the horse leaves the racing surface or test barn, a veterinarian may conclude the horse is a bleeder and an endoscopic examination is not required for inclusion on the bleeder list; or
2. If the examination takes place after the horse leaves the racing surface but within 90 minutes following the finish of a race or exercise in which the horse participated, a veterinarian shall require an endoscopic examination for inclusion on the bleeder list.
B. Confirmation of a bleeder. The commission veterinarian or practicing veterinarian who is a permit holder shall decide, based upon the standard of care a reasonable veterinarian should exercise in similar circumstances, whether the horse suffers from exercise-induced pulmonary hemorrhage and should be placed on the bleeder list. The confirmation of a bleeder shall be certified in writing by the commission veterinarian or practicing veterinarian, and the horse shall be placed on the bleeder list. The confirmation of a bleeder shall be filed with the commission within three days of the confirmation. Upon request, a copy of the certification shall be provided to the owner of the horse or his agent.
C. Posting of bleeder list. The bleeder list shall be maintained by the stewards, with the assistance of the commission veterinarian, and shall be made available upon request. No horse shall be removed from the bleeder list without the approval of the stewards.
D. Recovery period. If it is determined that a horse has bled as determined by this chapter, the horse shall be placed on the bleeders list and may not be permitted to race for at least 10 14 days. If a horse is determined to have bled within 365 days of the first occurrence, or if the horse bleeds externally on the track or in the test barn while on furosemide, the horse may not race for the following periods of time:
1. 30 days after the first reoccurrence;
2. 90 days after the second reoccurrence; and
3. The horse shall be barred from racing forever at the race meetings licensed by the commission after the third reoccurrence.
For the purpose of counting the number of days a horse is not permitted to race in meetings licensed by the commission, the day the horse bled is the first day of the recovery period, and the horse shall be permitted to race in meetings licensed by the commission when the last day of the recovery period under this chapter expired.
E. Bleeders from other jurisdictions. The commission veterinarian may designate a horse as a bleeder from another jurisdiction based upon information received from that jurisdiction confirming that the horse is a bleeder and that the requirements for inclusion on the bleeder list in Virginia have been satisfied.
11VAC10-180-90. Bicarbonate testing.
A. Generally. By this regulation, the Virginia Racing Commission prohibits the feeding or administration to a horse on race day of any bicarbonate-containing substance or other alkalinizing substance that effectively alters the serum or plasma pH or concentration of bicarbonates or carbon dioxide in the horse.
B. Test values. A serum or plasma total carbon dioxide level exceeding 37.0 millimoles per liter constitutes a positive test.
C. Testing procedure. The stewards or commission veterinarian may, at their discretion and at any time, order the collection of test samples from any horses present within the enclosure for determination of serum or plasma pH or concentration of bicarbonate, carbon dioxide, or electrolytes. Prerace-testing Preracing testing or post-race testing may be done at a time and manner directed by the commission veterinarian. If testing post race, blood samples shall be taken at least one hour after racing. Whether prerace or postrace post-race, the sample shall consist of at least two blood tubes taken from the horse to determine the serum total carbon dioxide concentration. If the chief racing chemist finds that the total carbon dioxide levels in the tubes exceed the standard test values of 37.0 millimoles per liter, then he shall inform the stewards of the positive test results.
D. Split samples prohibited. The procedures for split sample testing shall not apply to bicarbonate testing procedures.
E. Disciplinary actions. The stewards shall, absent mitigating circumstances specifically noted in their findings, impose the following disciplinary action for violation of this section:
1. First offense: $2,500 fine and 90-day suspension; loss of purse.
2. Second offense: $5,000 fine and 180-day suspension; loss of purse.
3. Third offense: Revocation of license.
The stewards also may refer the case to the commission for further disciplinary action.
11VAC10-180-110. Laboratory findings and reports.
A. Primary testing laboratory. The commission shall designate a primary testing laboratory for the analysis of test samples collected under the supervision of the commission veterinarian. The commission shall designate a chief racing chemist within the primary testing laboratory who shall have the authority to report his findings to the executive secretary of the commission, the stewards, and the commission veterinarian.
B. Reference laboratories. The commission shall designate one or more laboratories, other than the primary testing laboratory, as references laboratories. These laboratories will conduct confirmatory analysis of split samples. Any reference laboratory must be willing to accept split samples for confirmatory testing. Any reference laboratory shall send results to both the person requesting the testing and the commission.
C. Chief racing chemist's responsibilities. The chief racing chemist shall be responsible for safeguarding and analyzing the test samples delivered to the primary testing laboratory. It shall be the chief racing chemist's responsibility to maintain proper equipment, adequate staffing, and acceptable procedures to thoroughly and accurately analyze test samples submitted to the primary testing laboratory.
D. Reporting procedures. The chief racing chemist shall submit to the commission veterinarian a written report as to each test sample analyzed, indicating by identification tag number whether the test sample was negative or there was a chemical identification. All confirmed positive identifications shall be submitted to the executive secretary, the stewards, and the commission veterinarian.
E. Chemical identifications. If the chief racing chemist determines that there is present in the test sample a substance or metabolites of a substance foreign to the natural horse, except those specifically permitted by the regulations of the commission, he shall submit a report of chemical identification to the executive secretary of the commission, the stewards, and the commission veterinarian. In a report of chemical identification, the chief racing chemist shall submit evidence acceptable in the scientific community and admissible in court in support of his determination.
F. Review of chemical identifications. Upon receipt of a report of a chemical identification from the chief racing chemist, the stewards shall conduct a review of the chemical identification, which shall include, but not be limited to, the chief racing chemist and the commission veterinarian. During the review, the following procedures shall apply:
1. All references to the report of a chemical identification shall be only by the identification tag number of the sample collected from the horse;
2. The chief racing chemist shall submit his written report of the chemical identification and the evidence supporting his finding;
3. The commission veterinarian shall submit a written statement to the stewards including, but not limited to, the class of the substance, the concentration level detected in the sample, if determined, and its probable effect on a racehorse;
4. The stewards may ask questions at any time and request further documentation as they deem necessary;
5. After receiving the appropriate information on the identified substance, the stewards shall determine whether the chemical identification constitutes a violation of the regulations of the commission and whether it should be deemed a positive test result. In doing so, the stewards shall consider, among other things, the concentration level reported, its likely effect on the horse, and whether environmental contamination may have contributed to the test result;
6. In the event of a positive test result, the stewards shall notify the trainer and the owner of the horse of the right to send the split sample collected from the horse to one of the reference laboratories, designated by the commission, for confirmatory testing;
7. If the trainer or the owner elects to send the split sample to a reference laboratory, the stewards shall take no disciplinary action against any permit holder until the results from the reference laboratory are received, and the findings shall be a part of the record of any subsequent hearing; and
8. The chief racing chemist's report of a chemical identification, the commission veterinarian's written statement, the results of confirmatory testing and any other documentation submitted to the stewards shall become part of the record of any subsequent proceedings.
G. A horse from which a positive test sample was collected may be placed on the steward's list until the stewards have made a final determination in the matter. The horse shall not be immune from resulting disciplinary action by the stewards or the commission.
H. Frozen samples. Unconsumed portions of all test samples tested by the primary testing laboratory will be maintained in a frozen state until cleared by the chief racing chemist and permission for their disposal is obtained from the Senior Commonwealth Steward, the Equine Medical Director, or the Executive Secretary.
I. Split samples. The commission veterinarian or his designee shall determine a minimum test sample requirement for the primary testing laboratory. If the test sample collected is less than the minimum requirement, then the entire test sample shall be sent to the primary laboratory.
If the sample collected is greater than the minimum sample requirement but less than twice that amount, the portion of the test sample that is greater than the minimum test sample requirement shall be secured as the split sample.
If the test sample collected is greater than twice the minimum test sample requirement, a portion of the sample approximately equal to the test sample shipped to the primary testing laboratory shall be secured as the split sample.
J. Storage of split samples. Split samples shall be stored in secured location inside a locked freezer in accordance with the following procedures: shipped to the testing laboratory with the primary samples. The testing laboratory shall maintain the split samples in a secure and frozen state and when requested by the commission, make the split samples available for further testing, in accordance with standard protocols for maintaining the chain of evidence. Split samples shall be so maintained at the testing laboratory until permission for their release and disposal is obtained from the Senior Commonwealth Steward, the Equine Medical Director, or the Executive Secretary.
1. Split samples shall be secured in the test barn in the same manner as the portion of the test sample acquired for shipment to the primary laboratory until such time as test samples are packed and secured for shipment to the primary laboratory.
2. Upon packing of the test samples for shipment to the primary laboratory, the split samples shall be transferred to the locked freezer by the commission veterinarian or his authorized designee who shall be responsible for securing possession of the keys.
3. The freezer for storage of split samples shall be opened only for depositing or removing split samples, for inventory, or for checking the condition of split samples.
4. Whenever the freezer used for storage of split samples is opened, it shall be attended by the commission veterinarian or his designee and a representative of the horsemen if the respective horsemen's association has provided a representative. In the case that the split samples from a race must be secured in the freezer and no horsemen's representative is present, the commission veterinarian or his designee shall be in attendance.
5. A log shall be maintained each time the freezer used for storage of split samples is opened to specify each person in attendance, the purpose for opening the freezer, identification of split samples deposited or removed, the date and time the freezer was opened, and the time the freezer was locked.
6. Any evidence of a malfunction of the freezer used for storage of split samples or evidence that split samples are not in a frozen condition shall be documented in the log and immediately reported to the stewards.
K. Shipment of split samples. The trainer or owner of the horse shall have 48 hours from receipt of notice having been notified of a positive test result to may request that the split sample be shipped to one of the reference laboratories designated by the commission and the. The request must be made in writing and received by the commission not later than three business days after the trainer of the horse receives notification of the positive findings. The split sample shall be shipped to the requested reference laboratory by the testing laboratory. The owner, trainer, or designee shall travel to the storage facility of the testing laboratory to witness the removal, packaging, and shipping procedure unless he has waived this opportunity in writing. Failure of the trainer, owner, or designee to appear at the designated time and place, or otherwise attempting to interfere with the shipment of the split sample or payment of the costs, shall constitute a waiver of all rights to the testing of this split sample. The cost of shipment and additional testing shall be paid in a manner satisfactory to the commission by the permit holder requesting the testing of the split sample. Upon the expiration of this 48-hour three-day period, the trainer or owner relinquishes his right to request a split sample.
L. Chain of custody form. The commission veterinarian, or his designee, shall be responsible for the completion of a chain of custody verification form that shall provide a place for recording the following information:
1. Date and time the split sample is removed from the freezer;
2. The test sample number;
3. The address of the reference laboratory;
4. The name and address where the split sample package is to be taken for shipment to the reference laboratory;
5. Verification of retrieval of the split sample from the freezer;
6. Verification that each specific step of the split sample packaging procedure is in accordance with the recommended procedure;
7. Verification of the address of the reference laboratory on the split sample package;
8. Verification of the condition of the split sample package immediately prior to the transfer of custody to the carrier for shipment to the reference laboratory; and
9. The date and time custody of the split sample package was transferred to the carrier. The commission veterinarian, or his designee, shall witness, attest and sign the form, and a copy of the form shall be supplied to the trainer or owner.
In the event that the trainer or owner of the horse, or his designee, is not present, the commission veterinarian may not remove the split sample from the freezer or ship the split sample to a reference laboratory unless the trainer or owner has declined in writing his option to witness the removal, packaging and shipping procedure.
M. Packaging the split sample. The following procedures shall apply to the packaging of the split sample:
1. The split sample shall be removed from the freezer by the commission veterinarian or his designee; the trainer or owner, or his designee, may be present.
2. The trainer or owner, or his designee, may witness the packaging of the split sample by the commission veterinarian or his designee, in accordance with the instructions supplied by the reference laboratory.
3. The exterior of the package shall be secured and identified with initialed tape, evidence tape or other means to prevent tampering with the package.
4. The trainer or owner, or his designee, may accompany the commission veterinarian or his designee while delivering the package containing the split sample to the location where custody is transferred to the delivery carrier for shipment to the reference laboratory.
5. The trainer or owner, or his designee, may inspect the package containing the split sample immediately prior to transfer to the delivery carrier to verify that the package is intact and has not been tampered with.
6. The trainer or owner, or his designee, if witnessing the procedures, shall sign the chain of custody verification form.
VA.R. Doc. No. R15-4286; Filed April 17, 2015, 2:59 p.m.
TITLE 12. HEALTH
STATE BOARD OF HEALTH
Final Regulation
Title of Regulation: 12VAC5-71. Regulations Governing Virginia Newborn Screening Services (amending 12VAC5-71-30).
Statutory Authority: §§ 32.1-12 and 32.1-67 of the Code of Virginia.
Effective Date: June 5, 2015.
Agency Contact: Dev Nair, PhD, Director, Policy and Evaluation Division, Office of Family Health Services, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7662, FAX (804) 864-7647, or email dev.nair@vdh.virginia.gov.
Summary:
The amendment adds severe combined immunodeficiency to the list of newborn screening tests conducted pursuant to § 32.1-65 of the Code of Virginia.
Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.
12VAC5-71-30. Core panel of heritable disorders and genetic diseases.
A. The Virginia Newborn Screening System, which includes Virginia Newborn Screening Program and the Virginia Early Hearing Detection and Intervention Program, shall ensure that the core panel of heritable disorders and genetic diseases for which newborn screening is conducted is consistent with but not necessarily identical to the U.S. Department of Health and Human Services Secretary's Recommended Uniform Screening Panel.
B. The department shall review, at least biennially, national recommendations and guidelines and may propose changes to the core panel of heritable disorders and genetic diseases for which newborn dried-blood-spot screening tests are conducted.
C. The Virginia Genetics Advisory Committee may be consulted and provide advice to the commissioner on proposed changes to the core panel of heritable disorders and genetic diseases for which newborn dried-blood-spot screening tests are conducted.
D. Infants under six months of age who are born in Virginia shall be screened in accordance with the provisions set forth in this chapter for the following heritable disorders and genetic diseases, which are identified through newborn dried-blood-spot screening tests:
1. Argininosuccinic aciduria (ASA);
2. Beta-Ketothiolase deficiency (BKT);
3. Biotinidase deficiency (BIOT);
4. Carnitine uptake defect (CUD);
5. Classical galactosemia (galactose-1-phosphate uridyltransferase deficiency) (GALT);
6. Citrullinemia type I (CIT-I);
7. Congenital adrenal hyperplasia (CAH);
8. Cystic fibrosis (CF);
9. Glutaric acidemia type I (GA I);
10. Hb S beta-thalassemia (Hb F,S,A);
11. Hb SC-disease (Hb F,S,C);
12. Hb SS-disease (sickle cell anemia) (Hb F, S);
13. Homocystinuria (HCY);
14. Isovaleric acidemia (IVA);
15. Long chain L-3-Hydroxy acyl-CoA dehydrogenase deficiency (LCHAD);
16. Maple syrup urine disease (MSUD);
17. Medium-chain acyl-CoA dehydrogenase deficiency (MCAD);
18. Methylmalonic acidemia (Methylmalonyl-CoA mutase deficiency) (MUT);
19. Methylmalonic acidemia (Adenosylcobalamin synthesis deficiency) (CBL A, CBL B);
20. Multiple carboxylase deficiency (MCD);
21. Phenylketonuria (PKU);
22. Primary congenital hypothyroidism (CH);
23. Propionic acidemia (PROP);
24. Severe combined immunodeficiency (SCID);
24. 25. Tyrosinemia type I (TYR I);
25. 26. Trifunctional protein deficiency (TFP);
26. 27. Very long-chain acyl-CoA dehydrogenase deficiency (VLCAD);
27. 28. 3-hydroxy 3-methyl glutaric aciduria (HMG); and
28. 29. 3-Methylcrotonyl-CoA carboxylase deficiency (3-MCC).
E. Infants born in Virginia shall be screened for hearing loss in accordance with provisions set forth in §§ 32.1-64.1 and 32.1-64.2 of the Code of Virginia and as governed by 12VAC5-80.
VA.R. Doc. No. R13-3569; Filed April 13, 2015, 4:37 p.m.
TITLE 14. INSURANCE
STATE CORPORATION COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The State Corporation Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.
Title of Regulation: 14VAC5-200. Rules Governing Long-Term Care Insurance (amending 14VAC5-200-30, 14VAC5-200-40, 14VAC5-200-70, 14VAC5-200-75, 14VAC5-200-77, 14VAC5-200-100, 14VAC5-200-120, 14VAC5-200-150, 14VAC5-200-153, 14VAC5-200-183, 14VAC5-200-185; adding 14VAC5-200-125, 14VAC5-200-154, 14VAC5-200-195).
Statutory Authority: §§ 12.1-13, 38.2-223, and 38.2-5202 of the Code of Virginia.
Effective Date: September 1, 2015.
Agency Contact: Robert Grissom, Chief Insurance Market Examiner, Bureau of Insurance, State Corporation Commission, P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9152, FAX (804) 371-9944, or email bob.grissom@scc.virginia.gov.
Summary:
The amendments address concerns regarding recent substantial premium rate increases implemented by insurers writing long-term care insurance in Virginia. The amendments, in part, incorporate recent revisions to the National Association of Insurance Commissioners (NAIC) Model Regulation, as well as the provisions of the NAIC Model Bulletin of Alternative Filing Requirements for Long-Term Care Premium Rate Increases, which applies to rate increases for pre-rate stability policies as well as post-rate stability policies that are currently in effect. The amendments include, among other things: (i) increased disclosure requirements regarding premium rate practices; (ii) an extension of the current 60-day rate increase notification to 75 days; (iii) a requirement that insurers file with the Bureau of Insurance the notice they will use to notify policyholders of rate increases; (iv) a requirement that premiums contain a composite margin for moderately adverse experience of no less than 10% of lifetime claims for initial filings; (v) requirements regarding annual rate certifications; (vi) the implementation of new standards for pre-rate stability policies; (vii) the establishment of standards for the allowance of a single rate increase or scheduled rate increases; (viii) the requirement that a contingent benefit upon lapse (CBL) be offered for pre-rate stability policies; (ix) an allowance for lower rate increases than necessary under rate stabilization if disclosed and determined to be in best interest of policyholders; (x) a requirement that a rate increase that triggers a CBL be capped at 100% and 0% for policies in force over 20 years; and (xi) language regarding the commission's right to require a hearing on rate increases.
After consideration of public comment, additional changes were made as follows: (i) an effective date of September 1, 2015, was included to allow insurers approximately six months to conform to new requirements; (ii) in 14VAC5-200-40, a reference to § 38.2-3115.1 of the Code of Virginia was added in the definition of "long-term care insurance" to clarify the qualifying events to accelerate death benefits; (iii) in 14VAC5-200-75 D, language was added to clarify that the intent for a disclosure to a policyholder of a premium rate increase is to provide a few examples of how an increase may be reduced or mitigated and advise the policyholder to contact the insurer for further information and options; (iv) in 14VAC5-200-150, 14VAC5-200-153, and 14VAC5-200-154 dealing with premium rate increases, language has been changed to conform to the NAIC’s Model Regulation and Model Bulletin with regard to the use of the maximum valuation interest rate to calculate future premium rate increases; and (v) in 14VAC5-200-183 A, language was added to create an exception for a reduction in coverage requirement if an existing long-term policy contains language in conflict with such a requirement.
These amendments are in accordance with the Bureau of Insurance's Response to Comments, the Statement of Position in response to filed comments, and a Reply to Industry Comments previously filed in this case.
AT RICHMOND, MARCH 30, 2015
COMMONWEALTH OF VIRGINIA, ex rel.
STATE CORPORATION COMMISSION
CASE NO. INS-2013-00238
Ex Parte: In the matter of revising the
Rules Governing Long-term Care Insurance
ORDER ADOPTING REVISIONS TO RULES
On November 25, 2013, the State Corporation Commission ("Commission") issued an Order Initiating Proceeding to consider revisions to the Rules Governing Long-Term Care Insurance set forth in Chapter 200 of Title 14 of the Virginia Administrative Code ("Rules").1
The Order Initiating Proceeding followed an Order Directing Report entered by the Commission on November 26, 2012, in which the Commission noted an increase in the number and frequency of long-term care insurance premium rate increase requests. As a result, the Commission directed the Bureau of Insurance ("Bureau") to prepare a report that studied premium rate increases associated with long-term care policies.2
On October 4, 2013, the Bureau filed its Final Report of Findings ("Report") with the Commission. The Report found, among other things, that the significant premium rate increases experienced by long-term care insurance policyholders in Virginia resulted from a complex interaction between various driving factors. Specifically, the Report identified the lack of experience data for early long-term care insurance policies and changes in expected mortality, lapse rates, claim costs, and earned interest experience as the primary driving factors behind such rate increases. While the Report provided the Commission with several options to consider to ease the burden of premium rate increases on long-term care insurance policyholders, it also acknowledged the fact that there would be no easy regulatory solution to this problem and that any changes to the regulatory framework would require balancing multiple interests, including consumer protection and insurer solvency.
Subsequently, the Commission found that it was appropriate to undertake a review of the Report and the Rules. The Commission issued two separate Orders3 to allow interested persons and issuers writing long-term care insurance in Virginia, as well as members of the general public and certain specific individuals who had filed complaints or inquiries with the Bureau about long-term care premium rate increases within the prior two years, respectively, to comment on the Bureau's Report and propose amendments to the Rules. The Bureau received comments from 171 residents of the Commonwealth of Virginia. These comments emphasized the frustration and hardship felt by many long-term care insurance policyholders experiencing significant rate increases in Virginia, as well as their fears about the possibility of experiencing further rate increases in the future. In general, the comments fell into the following three categories: (i) the need to protect policyholders from unreasonable or excessive rate increases; (ii) the need to protect policyholders from having to bear the burden of pricing errors made by long-term care insurers; and (iii) a lack of transparency surrounding long-term care insurance rate increases and rate filings.
As a result of those comments, the Bureau filed a Response ("Response") on May 1, 2014. In its Response, the Bureau provided a brief historical overview of long-term care insurance rate regulation in Virginia, noting the Virginia General Assembly's enactment of Chapter 52 of Title 38.2 of the Code of Virginia in 1987 and the Commission's adoption of the Rules in 1992. These legislative and rulemaking efforts followed the National Association of Insurance Commissioners' ("NAIC") adoption of a Model Act and Model Regulation governing long-term care insurance in 1986 and 1988, respectively. Additionally, as emerging long-term care insurance experience developed and new information became available in the latter part of the 1990s, Virginia adopted "rate stabilization" revisions to the Rules in 2000. These revisions created a bifurcated set of rate review standards applicable to long-term care insurance policies issued before October 1, 2003 ("pre-rate stability policies") and those issued on or after that date ("post-rate stability policies"). In particular, pre-rate stability policies were priced using a loss-ratio standard that, in many cases, resulted in lower initial premiums and higher subsequent rate increases, while post-rate stability policies were priced using rate stabilization standards that strove to produce higher initial premiums but lower and less frequent subsequent rate increases.
In its Response, the Bureau went on to recommend that the Commission amend the Rules to incorporate several of the changes set forth by the NAIC in its Model Regulation #641 ("Model Regulation"), as well as its Model Bulletin of Alternative Filing Requirements for Long-term Care Premium Rate Increases ("Model Bulletin"). Among other things recommended by the Bureau4 was the requirement that insurers limit any rate increase to a recommended loss ratio that is the greater of 60% or the lifetime loss ratio used in the original pricing, plus 80% on any premium increase in the individual market for pre-rate stability policies. In addition, the Bureau recommended that the Commission require long-term care insurers to take a more active role in managing long-term care insurance rates and to adopt a more conservative approach for the initial pricing of policies by requiring that premiums for initial filings contain a composite margin for moderately adverse experience of no less than 10% of lifetime claims. While the majority of the recommendations made by the Bureau closely mirrored those set forth in the Model Regulation and Model Bulletin, the Bureau went beyond the NAIC in recommending that the provisions found in the Model Bulletin be included as part of the proposed amendments to the Rules to ensure that the Bureau would have explicit authority to enforce such provisions and in requiring that insurers provide an annual rate report showing a complete analysis and review of premium rates not only for post-rate stability policies but for pre-rate stability policies as well.
On May 1, 2014, the Commission scheduled a hearing to receive comments on the Bureau's Response.5 The hearing was held on June 19, 2014, at which time public oral comments were received.6 Based on the Report, written and oral comments, and the Response, the Bureau submitted to the Commission proposed amendments to the Rules. The proposed amendments largely mirrored the recommendations made by the Bureau in its Response.
The Commission issued an Order to Take Notice on October 14, 2014, providing an opportunity for the filing of comments or requests for hearing on the proposed amendments to the Rules.7 The Bureau received 11 written comments from consumers. The majority of these consumer comments were similar to those previously received by the Commission in connection with the Bureau's Report and expressed long-term care insurance policyholders' continued frustration with and concern regarding the rising costs of their policies. No requests for a hearing were filed with the Clerk of the Commission ("Clerk").
In addition to these consumer comments, the American Council of Life Insurers ("ACLI") and America's Health Insurance Plans ("AHIP") jointly filed comments.8 The ACLI and AHIP offered several technical comments that, in most cases, aligned the Rules more closely with the Model Regulation and Model Bulletin, specifically with regard to notice requirements and annual rate report filings. The ACLI and AHIP also asserted that the proposed Rules should be revised to require use of the maximum valuation interest rate in the calculation of rate increases for long-term care insurance policies, and that the proposed Rules regarding the calculation of benefits in the event of a reduction in coverage should be revised to make exception for long-term care insurance policies issued prior to the effective date of the regulation. Further, the ACLI and AHIP reserved their right to request a hearing at a later date if the Bureau's response to comments and the Commission's decision regarding the Rules were not agreeable to them.
On January 12, 2015, the Bureau filed its Statement of Position on the filed comments ("Statement"). In its Statement, the Bureau addressed several technical comments made by the ACLI and AHIP and agreed to withdraw its proposed amendment regarding interest rates for post-rate stability policies that are already in existence. However, the Bureau maintained that the maximum valuation interest rate should not be used to calculate rate increases for pre-rate stability policies.
Subsequent to the Bureau's Statement, the ACLI and AHIP filed a letter with the Clerk on January 28, 2015. In their letter, the ACLI and AHIP restated their position that the proposed Rules should be amended to require use of the maximum valuation interest rate in the calculation of rate increases for not only post-rate stability policies, but also for pre-rate stability policies and new issues. In addition, their letter addressed the application of the proposed Rules' calculation of benefits in the event of a reduction in coverage provision to existing contracts.
The Bureau filed a Reply to Industry Comments ("Reply") on February 13, 2015, in which it agreed that it would be appropriate to use the maximum valuation interest rate in the calculation of all future premium rate increases since this approach was consistent with the NAIC Model Regulation and would likely have a minimal effect on rate increases going forward. The Bureau also agreed not to recommend that the Rule regarding the calculation of benefits in the event of a reduction in coverage be applied to existing contracts with contrary language since these contracts were priced based on such language.
Based on the Bureau's Reply, the ACLI and AHIP withdrew their reserved right to request a hearing on February 23, 2015, via e-mail to the Commission's Office of General Counsel.
The Bureau has submitted the Rules, as amended, to the Commission and the Bureau recommends that the Rules be adopted as revised, to become effective September 1, 2015, which will allow insurers approximately six months to comply with the new provisions of these Rules.
NOW THE COMMISSION, upon consideration of this matter, is of the opinion that the attached revisions, amendments and modifications to the Rules should be adopted as final, to become effective September 1, 2015.
As various filings made in this docket have demonstrated, significant premium rate increases have continued to impact long-term care insurance policyholders in Virginia. The Commission has sought over the last several years to identify more clearly the drivers of these increases and to clarify if, and to what extent, the current regulatory framework applicable to long-term care insurance rate review may have become insufficient to address effectively the numerous consumer complaints the Bureau has received. The Commission recognizes the extremely difficult nature of this issue and the need to consider numerous factors – including the significant premium rate increases experienced by long-term care insurance policyholders, the ability of the insurers issuing long-term care insurance policies to pay claims in the future and meet their contractual obligations, the equitable and fair treatment of all policyholders, both new and existing, and the sustainability of the long-term care insurance market in Virginia – in adopting changes to the current regulatory framework.
The Commission finds that the amendments proposed by the Bureau address many of the concerns expressed not only by consumers, but by the Commission as well, regarding long-term care insurance premium rate increases in Virginia. These proposed amendments, which are discussed in more detail in the Bureau's Response and Reply and attached as Exhibit A, strive to both protect consumers and place heightened scrutiny on long-term care insurers seeking to raise premium rates. In addition, as discussed above, the Bureau's proposed amendments to the Rules are substantially similar to certain revisions to the NAIC Model Regulation or contained in the NAIC Model Bulletin,9 which the NAIC spent a considerable amount of time and effort developing based on extensive national discussion and collaboration with a broad set of stakeholders, including state insurance regulators, industry groups and consumer groups. The Commission finds that while the Bureau's proposed amendments to the Rules will not eliminate long-term care insurance premium rate increases, such proposed amendments adopt a more conservative approach for the initial pricing of long-term care policies, require insurers to take a more active role in managing long-term care insurance rates, and provide additional and necessary protections to long-term care insurance policyholders in Virginia.
Accordingly, IT IS ORDERED THAT:
(1) The amendments and revisions to the Rules Governing Long-Term Care Insurance at Chapter 200 of Title 14 of the Virginia Administrative Code, which amend the Rules at 14 VAC 5-200-30, 14 VAC 5-200-40, 14 VAC 5-200-70, 14 VAC 5-200-75, 14 VAC 5-200-77, 14 VAC 5-200-100, 14 VAC 5-200-120, 14 VAC 5-200-150, 14 VAC 5-200-153, 14 VAC 5-200-183, and 14 VAC 5-200-185 and add new Rules at 14 VAC 5-200-125, 14 VAC 5-200-154, and 14 VAC 5-200-195, and are attached hereto and made a part hereof, are hereby ADOPTED to be effective September 1, 2015.
(2) AN ATTESTED COPY hereof, together with a copy of the adopted Rules, shall be sent by the Clerk of the Commission to the Bureau in care of Deputy Commissioner Althelia P. Battle, who forthwith shall give further notice of the adoption of the amendments to the Rules to all insurers licensed by the Commission to sell long-term care insurance in Virginia, and to all interested persons.
(3) The Commission's Division of Information Resources forthwith shall cause a copy of this Order, together with the final amended Rules, to be forwarded to the Virginia Registrar of Regulations for appropriate publication in the Virginia Register of Regulations.
(4) The Commission's Division of Information Resources shall make available this Order and the attached amendments to the Rules on the Commission's website: http://www.scc.virginia.gov/case.
(5) The Bureau shall file with the Clerk an affidavit of compliance with the notice requirements in Ordering Paragraph (2) above.
(6) This case is dismissed, and the papers herein shall be placed in the file for ended causes.
____________________________
1The Rules can be found at: http://law.lis.virginia.gov/admincode/title14/agency5/chapter200.
2Commonwealth of Virginia, ex rel., State Corporation Commission, Ex Parte: In the matter of investigating long-term care insurance premium rates, Case No. INS-2012-00282, Doc. Con. Cen. 121130186, Order Directing Report (Nov. 26, 2012).
3Commonwealth of Virginia, ex rel., State Corporation Commission, Ex Parte: In the matter of revising the Rules Governing Long-term Care Insurance, Case No. INS-2013-00238, Doc. Con. Cen. No. 131130115, Order Initiating Proceeding (Nov. 25, 2013); and Commonwealth of Virginia, ex rel., State Corporation Commission, Ex Parte: In the matter of revising the Rules Governing Long-term Care Insurance, Case No. INS-2013-00238, Doc. Con. Cen. No. 140120003, Amending Order (Jan. 13, 2014).
4See Bureau's Response, pp. 11-15, Doc. Con. Cen. No. 140510018 (May 1, 2014).
5Commonwealth of Virginia, ex rel., State Corporation Commission, Ex Parte: In the matter of revising the Rules Governing Long-term Care Insurance, Case No. INS-2013-00238, Doc. Con. Cen. No. 140510027, Order Scheduling Hearing (May 1, 2014).
6A transcript of the hearing can be found at: http://docket.scc.virginia.gov/vaprod/main.asp by using the "Search Cases" feature and searching for Case No. INS-2013-00238.
7Commonwealth of Virginia, ex rel., State Corporation Commission, Ex Parte: In the matter of revising the Rules Governing Long-term Care Insurance, Case No. INS-2013-00238, Doc. Con. Cen. No. 141040086, Order to Take Notice (Oct. 14, 2014).
8Doc. Con. Cen. No. 141210034.
9Code of Virginia § 38.2-5206 A (requiring that long-term care insurance regulations pertaining to filing requirements and premium rate increases be "similar to those set forth in the model regulation for long-term care insurance developed by the National Association of Insurance Commissioners.").
| EXHIBIT A |
| Revision | Citation
14 VAC 5-200: | Applicability |
| Effective date of regulation: September 1, 2015 | 30 | All policies |
| Increased consumer disclosure regarding premium rate practices | 70 A 2
75 B
75 D | All policies
(75 B only applies to new issues) |
| Extend current 60-day rate increase notification to 75 days | 75 D
185 D 3 and 4 | All policies |
| Require insurers to file the notice insurers will use to notify policyholders of rate increase | 75 D | All policies |
| For initial filings, require that premiums contain a composite margin for moderately adverse experience of no less than 10% of lifetime claims; actuarial memorandum contents | 77 | New issues |
| Annual certification, monitoring, and reporting | 125 | All policies |
| Implement new standards for pre-rate stability policies (greater of 60% or the lifetime LR used in original pricing, plus 80% applied to premium increase for individual or 75% for group) | 150 B | Pre-rate stability policies |
| Establish standards for allowance of single rate increase or scheduled rate increases | 150 C
153 B
154 A | All policies |
| Require use of maximum valuation interest rate in the calculation of future premium rate increases | 150 B
153 C 4
154 B 5 | All policies (only a change to the pre-rate stability policies) |
| Require an offer of contingent benefit on lapse (CBL) for pre-rate stability policies (same standards as for post-rate stability policies) | 150 D | Pre-rate stability policies |
| Allow for lower rate increases than necessary under rate stabilization if disclosed and determined to be in best interest of policyholders | 153 B | Post-rate stability policies |
| Greater of 58%/85% or original lifetime loss ratio rate increase requirements | 154 B 2 | New issues |
| Except for policies with language to the contrary, in the event of a reduction or elimination of the inflation protection option requires the insurer to allow the policyholder to continue the benefit amount in effect at the time of the reduction | 183 A 3 | Requirement applies to all policies. Exception applies only to pre-rate stability and post-rate stability policies |
| Policyholder eligibility for a CBL | 185 D 3 and 7 | All policies |
| Addition of rate hearing provision | 195 | All policies |
| Definitions of Various Blocks Pre-rate stability policies - Policies issued prior to October 1, 2003 Post-rate stability policies - Policies issued on or after October 1, 2003, but prior to September 1, 2015 New issues - Policies issued after September 1, 2015 |
14VAC5-200-30. Applicability and scope.
Except as otherwise specifically provided, this chapter applies to all long-term care Insurance insurance policies delivered or, issued for delivery, or renewed in this Commonwealth, on or after September 1, 2007 [ (insert effective date of regulation) September 1, 2015 ], by insurers, fraternal benefit societies, health services plans, health maintenance organizations, cooperative nonprofit life benefit companies or mutual assessment life, accident and sickness insurers or any other similar organization.
14VAC5-200-40. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Applicant" means in the case of an individual long-term care insurance policy, the person who seeks to contract for such benefits, or in the case of a group long-term care insurance policy, the proposed certificateholder.
"Certificate" means any certificate or evidence of coverage issued under a group long-term care insurance policy, which policy has been delivered or issued for delivery in this Commonwealth.
"Commission" means the Virginia State Corporation Commission.
"Exceptional increase" means only those increases filed by an insurer and identified as exceptional for which the commission determines the need for the premium rate increase is justified (i) due to changes in laws or regulations applicable to long-term care coverage in this Commonwealth, or (ii) due to increased and unexpected utilization that affects the majority of insurers of similar products. Except as provided in 14VAC5-200-153, exceptional increases are subject to the same requirements as other premium rate schedule increases. The commission, in determining that the necessary basis for an exceptional increase exists, shall also determine any potential offsets to higher claims costs.
"Expected loss ratio" means the ratio of the present value of future benefits to the present value of future premiums over the entire period of the contract.
"Group long-term care insurance" means a long-term care insurance policy which complies with § 38.2-3521.1 or § 38.2-3522.1 of the Code of Virginia delivered or issued for delivery in this Commonwealth.
"Incidental," as used in 14VAC5-200-153 J, means that the value of the long-term care benefits provided is less than 10% of the total value of the benefits provided over the life of the policy. These values shall be measured as of the date of issue.
"Insurer" means any insurance company, health services plan, fraternal benefit society, health maintenance organization, cooperative nonprofit life benefit company, or mutual assessment life, accident and sickness insurer or any other similar organization.
"Long-term care insurance" means any insurance policy or rider primarily advertised, marketed, offered or designed to provide coverage for not less than 12 consecutive months for each covered person on an expense incurred, indemnity, prepaid, or other basis, for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, personal care, mental health or substance abuse services, provided in a setting other than an acute care unit of a hospital. Such term includes group and individual annuities and life insurance policies or riders which provide directly or which supplement long-term care insurance issued by insurers. Such term also includes a policy or rider which provides for payment of benefits based upon cognitive impairment or the loss of functional capacity. Long-term care insurance shall not include any insurance policy which is offered primarily to provide basic Medicare supplement coverage, basic hospital expense coverage, basic medical-surgical expense coverage, hospital confinement indemnity coverage, major medical expense coverage, disability income or related asset-protection coverage, accident only coverage, specified disease or specified accident coverage, or limited benefit health coverage. With regard to life insurance, this term does not include life insurance policies which accelerate the death benefit [ in accordance with § 38.2-3115.1 of the Code of Virginia ] specifically for one or more of the qualifying events of terminal illness, medical conditions requiring extraordinary medical intervention, or permanent institutional confinement, and which provide the option of a lump-sum payment for those benefits and in which neither the benefits nor the eligibility for the benefits is conditioned upon the receipt of long-term care. Notwithstanding any other provision contained herein, any product advertised, marketed or offered as long-term care insurance shall be subject to the provisions of this chapter. Health maintenance organizations, cooperative nonprofit life benefit companies and mutual assessment life, accident and sickness insurers shall apply to the commission for approval to provide long-term care insurance prior to issuing this type of coverage.
"Policy" means any individual or group policy of insurance, contract, subscriber agreement, certificate, rider or endorsement delivered or issued for delivery in this Commonwealth by an insurer.
"Qualified actuary" means a member in good standing of the American Academy of Actuaries.
"Qualified long-term care insurance contract" or "federally tax-qualified long-term care insurance contract" means:
1. An individual or group insurance contract that meets the requirements of § 7702B(b) of the Internal Revenue Code of 1986 (26 USC § 7702B(b)), as follows:
a. The only insurance protection provided under the contract is coverage of qualified long-term care services. A contract shall not fail to satisfy the requirements of this subdivision by reason of payments being made on a per diem or other periodic basis without regard to the expenses incurred during the period to which the payments relate;
b. The contract does not pay or reimburse expenses incurred for services or items to the extent that the expenses are reimbursable under Title XVIII of the Social Security Act (42 USC § 1395 et seq.), or would be so reimbursable but for the application of a deductible or coinsurance amount. The requirements of this subdivision do not apply to expenses that are reimbursable under Title XVIII of the Social Security Act only as a secondary payor. A contract shall not fail to satisfy the requirements of the subdivision by reason of payments being made on a per diem or other periodic basis without regard to the expenses incurred during the period to which the payments relate;
c. The contract is guaranteed renewable within the meaning of § 7702B(b)(1)(C) of the Internal Revenue Code of 1986;
d. The contract does not provide for a cash surrender value or other money that can be paid, assigned, pledged as collateral for a loan, or borrowed except as provided in subdivision 1 e of this definition.
e. All refunds of premiums and all policyholder dividends or similar amounts under the contract are to be applied as a reduction in future premiums or to increase future benefits, except that a refund on the event of death of the insured or a complete surrender or cancellation of the contract cannot exceed the aggregate premiums paid under the contract; and
f. The contract meets the consumer protection provisions set forth in § 7702B(g) of the Internal Revenue Code of 1986 and this chapter; or
2. The portion of a life insurance contract that provides long-term care insurance coverage by rider or as part of the contract that satisfies the requirements of § 7702B(b) and (e) of the Internal Revenue Code of 1986.
"Similar policy forms" means all of the long-term care insurance policies and certificates issued by an insurer in the same long-term care benefit classification as the policy form being considered. Certificates of groups as set forth in subsections A and C of § 38.2-3521.1 of the Code of Virginia are not considered similar to certificates or policies otherwise issued as long-term care insurance, but are similar to other comparable certificates with the same long-term care benefit classifications. For purposes of determining similar policy forms, long-term care benefit classifications are defined as follows: institutional long-term care benefits only, noninstitutional long-term care benefits only, or comprehensive long-term care benefits.
14VAC5-200-70. Required disclosure provisions.
A. Renewability. Individual long-term care insurance policies shall contain a renewability provision.
1. The provision shall be appropriately captioned, shall appear on the first page of the policy, and shall clearly state that the coverage is guaranteed renewable or noncancellable. This subsection shall not apply to policies that do not contain a renewability provision and under which the right to renew is reserved solely to the policyholder.
2. A long-term care insurance policy or certificate, other than one where the insurer does not have the right to change the premium, shall include a clear and prominent statement in bold type and all capital letters that the premium rates may change be increased.
B. Riders and endorsements. Except for riders or endorsements by which the insurer effectuates a request made in writing by the insured under an individual long-term care insurance policy, all riders or endorsements added to an individual long-term care insurance policy after date of issue or at reinstatement or renewal which reduce or eliminate benefits or coverage in the policy shall require signed acceptance by the individual insured. After the date of policy issue, any rider or endorsement which increases benefits or coverage with a concomitant increase in premium during the policy term must be agreed to in writing signed by the insured, except if the increased benefits or coverage are required by law. Where a separate additional premium is charged for benefits provided in connection with riders or endorsements, such premium charge shall be set forth in the policy, rider or endorsement.
C. Payment of benefits. A long-term care insurance policy which provides for the payment of benefits based on standards described as "usual and customary," "reasonable and customary" or words of similar import shall include a definition of such terms and an explanation of such terms in its accompanying outline of coverage.
D. Limitations. If a long-term care insurance policy or certificate contains any limitations with respect to preexisting conditions, such limitations shall appear as a separate paragraph of the policy or certificate and shall be labeled as "Preexisting Condition Limitations."
E. Other limitations or conditions on eligibility for benefits. A long-term care insurance policy or certificate containing post-confinement, post-acute care or recuperative benefits, or any limitations or conditions for eligibility other than those prohibited in § 38.2-5205 A of the Code of Virginia shall set forth a description of such limitations or conditions, including any required number of days of confinement prior to receipt of benefits, in a separate paragraph of the policy or certificate and shall label such paragraph "Limitations or Conditions on Eligibility for Benefits."
F. Disclosure of tax consequences. With regard to life insurance policies which provide an accelerated benefit for long-term care, a disclosure statement is required at the time of application for the policy or rider and at the time the accelerated benefit payment request is submitted that receipt of these accelerated benefits may be taxable, and that assistance should be sought from a personal tax advisor. The disclosure statement shall be prominently displayed on the first page of the policy or rider and any other related documents.
G. Benefit triggers. Activities of daily living and cognitive impairment shall be used to measure an insured's need for long-term care and shall be described in the policy or certificate in a separate paragraph and shall be labeled "Eligibility for the Payment of Benefits." Any additional benefit triggers shall also be explained in this section. If these triggers differ for different benefits, explanation of the trigger shall accompany each benefit description. If an attending physician or other specified person must certify a certain level of functional dependency in order to be eligible for benefits, this too shall be specified.
H. A qualified long-term care insurance contract shall include a disclosure statement in the policy and in the outline of coverage as contained in 14VAC5-200-200 that the policy is a qualified long-term care insurance contract under § 7702B(b) of the Internal Revenue Code of 1986.
I. A nonqualified long-term care insurance contract shall include a disclosure statement in the policy and in the outline of coverage as contained in 14VAC5-200-200 that the policy is not intended to be a qualified long-term care insurance contract.
14VAC5-200-75. Required disclosure of rating practices to consumer.
A. Other than policies for which no applicable premium rate or rate schedule increases can be made, insurers shall provide all of the information listed in this subsection to the applicant at the time of application or enrollment, unless the method of application does not allow for delivery at that time. In such a case, an insurer shall provide all of the information listed in this section to the applicant no later than at the time of delivery of the policy or certificate.
1. A statement that the policy may be subject to rate increases in the future;
2. An explanation of potential future premium rate revisions, and the policyholder's or certificateholder's option in the event of a premium rate revision;
3. The premium rate or rate schedules applicable to the applicant that will be in effect until a request is made for an increase;
4. A general explanation for applying premium rate or rate schedule adjustments that shall include:
a. A description of when premium rate or rate schedule adjustments will be effective (e.g., next anniversary date, next billing date, etc.); and
b. The right to a revised premium rate or rate schedule as provided in subdivision 2 of this subsection if the premium rate or rate schedule is changed;
5. a. Information regarding each premium rate increase on this policy form or similar policy forms over the past 10 years for this Commonwealth or any other state that, at a minimum, identifies:
(1) The policy forms for which premium rates have been increased;
(2) The calendar years when the form was available for purchase; and
(3) The amount or percentage of each increase. The percentage may be expressed as a percentage of the premium rate prior to the increase, and may also be expressed as minimum and maximum percentages if the rate increase is variable by rating characteristics.
b. The insurer may, in a fair manner, provide additional explanatory information related to the rate increases.
c. An insurer shall have the right to exclude from the disclosure premium rate increases that only apply to blocks of business acquired from other nonaffiliated insurers or the long-term care policies acquired from other nonaffiliated insurers when those increases occurred prior to the acquisition.
d. If an acquiring insurer files for a rate increase on a long-term care policy form or a block of policy forms acquired from nonaffiliated insurers 24 months or more following the acquisition of the policy form or the block of policies, the acquiring insurer may exclude that rate increase from the disclosure. However, the nonaffiliated selling company shall include the disclosure of that rate increase in accordance with subdivision 5 a of this subsection.
e. If the acquiring insurer in subdivision 5 d of this subsection files for a subsequent rate increase, even within the 24-month period, on the same policy form acquired from nonaffiliated insurers or block of policy forms acquired from nonaffiliated insurers referenced in subdivision 5 d of this subsection, the acquiring insurer shall make all disclosures required by subdivision 5 of this subsection, including disclosure of the earlier rate increase referenced in subdivision 5 d of this subsection.
B. An applicant shall sign an acknowledgement at the time of application, unless the method of application does not allow for signature at that time, that the insurer made the disclosure required under subdivisions A 1 and 5 of this section. If due to the method of application the applicant cannot sign an acknowledgement at the time of application, the applicant shall sign no later than at the time of delivery of the policy or certificate. The insurer shall maintain copies of the signed acknowledgement for the duration of the policy or certificate.
C. An insurer shall use Forms B and F to comply with the requirements of subsections A and B of this section.
D. An insurer shall provide notice of an upcoming premium rate schedule increase to all policyholders or certificateholders, if applicable, at least 60 75 days prior to the implementation of the premium rate schedule increase by the insurer. Such notice shall be filed with the commission at the time the premium rate increase is filed. The notice shall include at least the following information required by:
1. All applicable information identified in subsection A of this section when the rate increase is implemented.;
2. A clear explanation of [ any and all ] options available to the policyholder as alternatives to paying the increased premium amount, including:
a. An offer to reduce policy benefits provided by the current coverage consistent with the requirements of 14VAC5-200-183;
b. A disclosure stating that all options available to the policyholder may not be of equal value; [ and ]
c. In the case of a partnership policy, a disclosure that some benefit reduction options may result in a loss in partnership status that may reduce policyholder protections; [ and
d. Contact information that will allow the policyholder to contact the insurer for additional options available; ]
3. A clear identification of the driving factors of the premium rate increase; and
4. A statement substantially similar to the following:
The rate increase request was reviewed by the commission and was found to be compliant with applicable Virginia laws and regulations addressing long-term care insurance. All premium rate filings are available for public inspection and may be accessed online through the Virginia Bureau of Insurance's webpage at www.scc.virginia.gov/BOI.
14VAC5-200-77. Initial filing requirements.
A. This section shall apply to any long-term care policy form filed with the commission on or after [ (insert effective date of regulation) September 1, 2015 ].
B. An insurer shall provide the information listed in this section to the commission and receive approval of the form prior to making a long-term care insurance form available for sale.
1. A copy of the disclosure documents required in 14VAC5-200-75; and
2. An actuarial certification consisting of at least the following:
a. A statement that the initial premium rate schedule is sufficient to cover anticipated costs under moderately adverse experience and that the premium rate schedule is reasonably expected to be sustainable over the life of the form with no future premium increases anticipated;
b. An explanation for supporting subdivision 2 a of this subsection, including (i) a description of the margin for moderately adverse experience that is included in the premium rates and (ii) a description of the testing of pricing assumptions that was done to support the conclusion that the filed premium rates are sustainable over the life of the form;
c. A statement that the policy design and coverage provided have been reviewed and taken into consideration;
d. A statement that the underwriting and claims adjudication processes have been reviewed and taken into consideration;
e. A complete description of the basis for contract reserves that are anticipated to be held under the form, to include:
(1) Sufficient detail or sample calculations provided so as to have a complete depiction of the reserve amounts to be held;
(2) A statement that the assumptions used for reserves contain reasonable margins for adverse experience;
(3) A statement that the net valuation premium for renewal years does not increase (except for attained-age rating); and
(4) A statement that the difference, in aggregate, between the gross premium and the net valuation premium for renewal years is sufficient to cover expected renewal expenses; or if such a statement cannot be made, a complete description of the situations where this does not occur. When the difference between the gross premium and the renewal net valuation premiums is not sufficient to cover expected renewal expenses, the description provided should demonstrate the type and level of change in the reserve assumptions that would be necessary for the difference to be sufficient.
(a) An aggregate distribution of anticipated issues may be used as long as the underlying gross premiums maintain a reasonably consistent relationship;
(b) If the gross premiums for certain age groups appear to be inconsistent with this requirement, the commission may request a demonstration based on a standard age distribution; and
e. A statement that the premiums contain at least the minimum margin for moderately adverse experience defined in subdivision 2 e (1) of this subsection or the specification of and justification for a lower margin required by subdivision 2 e (2) of this subsection.
(1) A composite margin shall not be less than 10% of lifetime claims.
(2) A composite margin that is less than 10% may be justified in uncommon circumstances. The proposed amount, full justification of the proposed amount, and methods to monitor developing experience that would be the basis for withdrawal of approval for such lower margins shall be submitted.
(3) A composite margin lower than otherwise considered appropriate for the stand-alone long-term care policy may be justified for long-term care benefits provided through a life policy or an annuity contract. Such lower composite margin, if utilized, shall be justified by appropriate actuarial demonstration addressing margins and volatility when considering the entirety of the product.
(4) A greater margin may be appropriate in circumstances where the company has less credible experience to support its assumptions used to determine the premium rates.
f. (1) A statement that the premium rate schedule is not less than the premium rate schedule for existing similar policy forms also available from the insurer except for reasonable differences attributable to benefits; or
(2) A comparison of the premium rate schedules for similar policy forms that are currently available from the insurer with an explanation of the differences. It is not expected that the insurer will need to provide a comparison of every age and set of benefits, period of payment or elimination period. A broad range of expected combinations is to be provided in a manner designed to provide a fair presentation for review by the commission.
g. A statement that reserve requirements have been reviewed and considered. Support for this statement shall include: (i) sufficient detail or sample calculations provided so as to have a complete depiction of the reserve amounts to be held; and (ii) a statement that the difference between the gross premium and the net valuation premium for renewal years is sufficient to cover expected renewal expenses; or if such a statement cannot be made, a complete description of the situations where this does not occur. An aggregate distribution of anticipated issues may be used as long as the underlying gross premiums maintain a reasonably consistent relationship.
3. An actuarial memorandum that includes prepared, dated, and signed by a qualified actuary shall be included and shall address and support each specific item required as part of the actuarial certification and provide at least the following information:
a. A description of the basis on which the long-term care insurance premium rates were determined;
b. A description of the basis for the reserves;
c. A summary of the type of policy, benefits, renewability, general marketing method, and limits on ages of issuance;
d. A description and a table of each actuarial assumption used. For expenses, an insurer must include percentage of premium dollars per policy and dollars per unit of benefits, if any;
e. A description and a table of the anticipated policy reserves and additional reserves to be held in each future year for active lives;
f. The estimated average annual premium per policy and the average issue age; and
g. A statement that includes a description of the types of underwriting used, such as medical underwriting or functional assessment underwriting. Concerning a group policy, the statement shall indicate whether the enrollee or any dependent will be underwritten and when underwriting occurs;
h. An explanation of the review performed by the actuary prior to making the statements in subdivisions B 2 c and d of this section;
i. A complete description of pricing assumptions;
j. Sources and levels of margins incorporated into the gross premiums that are the basis for the statement in subdivision B 2 a of this section of the actuarial certification and an explanation of the analysis and testing performed in determining the sufficiency of the margins. Deviations in margins between ages, sexes, plans, or states shall be clearly described. Deviations in margins required to be described are other than those produced utilizing generally accepted actuarial methods for smoothing and interpolating gross premium scales;
k. A demonstration that the gross premiums include the minimum composite margin specified in subdivision B 2 e of this section; and
l. The anticipated loss ratio and a description of how it was calculated.
14VAC5-200-100. Requirement to offer inflation protection.
A. No insurer may offer a long-term care insurance policy unless the insurer also offers to the policyholder in addition to any other inflation protection offers the option to purchase a policy that provides for benefit levels to increase with benefit maximums or reasonable durations which are meaningful to account for reasonably anticipated increases in the costs of long-term care services covered by the policy. Insurers must offer to each policyholder, at the time of purchase, the option to purchase a policy with an inflation protection feature no less favorable than one of the following:
1. Increases benefit levels annually, in a manner so that the increases are compounded annually, at a rate not less than 5.0%;
2. Guarantees the insured individual the right to periodically increase benefit levels without providing evidence of insurability or health status; so long as the option for the previous period has not been declined. The amount of the additional benefit shall be no less than the difference between the existing policy benefit and that benefit compounded annually at a rate of at least 5.0% for the period beginning with the purchase of the existing benefit and extending until the year in which the offer is made; or
3. Covers a specified percentage of actual or reasonable charges and does not include a maximum specified indemnity amount or limit.
B. Where the policy is issued to a group, the required offer in subsection A above of this section shall be made to each proposed certificateholder; except if the policy is issued to a continuing care retirement community the offering shall be made to the group policyholder.
C. The offer in Subsection subsection A above of this section shall not be required of life insurance policies or riders containing accelerated long-term care benefits.
D. Insurers shall include the following information in or with the outline of coverage:
1. A graphic comparison of the benefit levels of a policy that increases benefits over the policy period with a policy that does not increase benefits. The graphic comparison shall show benefit levels over at least a 20 year 20-year period.
2. Any expected premium increases or additional premiums to pay for automatic or optional benefit increases. If premium increases or additional premiums will be based on the attained age of the applicant at the time of the increase, the insurer shall also disclose the magnitude of the potential premiums the applicant would need to pay at ages 75 and 85 for benefit increases. An insurer may use a reasonable hypothetical, or a graphic demonstration, for the purposes of this disclosure.
14VAC5-200-120. Reporting requirements.
A. Every insurer shall maintain records for each agent of that agent's amount of replacement sales as a percent of the agent's total annual sales and the amount of lapses of long-term care insurance policies sold by the agent as a percent of the agent's total annual sales.
B. Every insurer shall report annually by June 30 the 10% of its agents with the greatest percentages of lapses and replacements as measured by subsection A of this section (Form G).
C. Reported replacement and lapse rates do not alone constitute a violation of the insurance laws or necessarily imply wrongdoing. The reports are for the purpose of reviewing more closely agent activities regarding the sale of long-term care insurance.
D. Every insurer shall report annually by June 30 the number of lapsed policies as a percent of its total annual sales and as a percent of its total number of policies in force as of the end of the preceding calendar year (Form G).
E. Every insurer shall report annually by June 30 the number of replacement policies sold as a percent of its total annual sales and as a percent of its total number of policies in force as of the preceding calendar year (Form G).
F. Every insurer shall report annually by June 30, for qualified long-term care insurance contracts, the number of claims denied for each class of business, expressed as a percentage of claims denied (Form E).
G. For purposes of this section:
1. Subject to subdivision 2 of this subsection, "claim" means a request for payment of benefits under an in-force policy regardless of whether the benefit claimed is covered under the policy or any terms or conditions of the policy have been met;
2. "Denied" means the insurer refuses to pay a claim for any reason other than for claims not paid for failure to meet the waiting period or because of an applicable preexisting condition;
3. "Policy" means only long-term care insurance; and
4. "Report" means on a statewide basis.
H. Reports required under this section shall be based on the previous calendar year data and filed with the commission.
14VAC5-200-125. Annual rate reports.
A. Every insurer shall report to the commission annually by June 30 premium rates for all long-term care insurance policies. The commission shall post this report to the Bureau of Insurance's webpage. The rate report shall include:
1. For policies issued on or after October 1, 2003, an actuarial certification prepared, dated, and signed by a qualified actuary that provides at least the following information:
a. A statement of the sufficiency of the current premium rate schedule including:
(1) For policies currently marketed:
(a) The premium rate schedule continues to be sufficient to cover anticipated costs under moderately adverse experience, consistent with the margins as defined in the original rate filing or any subsequent rate filing, and that the premium rate schedule is reasonably expected to be sustainable over the life of the form with no future premium increases anticipated; or
(b) If the statement in subdivision 1 a (1) (a) of this subsection cannot be made, a statement that margins for moderately adverse experience, consistent with the margins as defined in the original rate filing or any subsequent rate filing, may no longer be sufficient. In this situation, the insurer shall submit to the commission within 60 days of the date of the actuarial certification a plan of action, including a timeframe, for the reestablishment of adequate margins for moderately adverse experience so that the ultimate premium rate schedule would be reasonably expected to be sustainable over the future life of the form with no future premium increases anticipated. Failure to submit a plan of action to the commission within 60 days or to comply with the timeframe stated in the plan of action constitutes grounds for withdrawal or modification of approval of the form for future sales.
(2) For policies that are no longer marketed:
(a) A statement that the premium rate schedule continues to be sufficient to cover anticipated costs under best estimate assumptions; or
(b) A statement that the premium rate schedule may no longer be sufficient. The insurer shall submit to the commission within 60 days of the date of the actuarial certification a plan of action, including a timeframe for the reestablishment of adequate margins for moderately adverse experience.
b. A description of the review performed that led to the statement.
c. At least once every three years, an actuarial memorandum dated and signed by a qualified actuary that supports the actuarial certification and provides at least the following information:
(1) A detailed explanation of the data sources and review performed by the actuary prior to making the statement in subdivision 1 a (1) of this subsection;
(2) A complete description of experience assumptions and their relationship to the initial pricing assumptions;
(3) A description of the credibility of the experience data; and
(4) An explanation of the analysis and testing performed in determining the current presence of margins.
2. For policies issued prior to October 1, 2003, the report shall include a statement signed by a qualified actuary that a complete analysis and review of the premium rates was conducted, a description of the analysis, the date on which the analysis was completed, and any rate action found to be necessary as a result of the analysis.
B. Reports required in this section shall be based on the previous calendar year data and filed with the commission no later than June 30. The commission may request any additional information that will support the information required in this section.
14VAC5-200-150. Loss ratio Premium rate increases for policies issued before October 1, 2003.
A. This section shall apply applies to all any premium rate increase filed with the commission on or after [ (insert effective date of regulation) September 1, 2015, ] for any long-term care insurance policies or certificates except those covered under 14VAC5-200-77 and 14VAC5-200-153 policy issued in this Commonwealth before October 1, 2003.
B. Benefits under individual long-term care insurance policies shall be deemed reasonable in relation to premiums provided the expected loss ratio is at least 60% calculated in a manner which provides for adequate reserving of the long-term care insurance risk the greater of 60% or the lifetime loss ratio used in the original pricing applied to the current rate schedule plus: (i) 80% applied to any premium rate increase for individual policy forms or (ii) 75% applied to any premium rate increase on group policy forms.
In evaluating the expected loss ratio, due consideration shall be given to all relevant factors, including:
1. Statistical credibility of incurred claims experience and earned premiums;
2. The period for which rates are computed to provide coverage;
3. Experienced and projected trends;
4. Concentration of experience within early policy duration;
5. Expected claim fluctuation;
6. Experience refunds, adjustments or dividends;
7. Renewability features;
8. All appropriate expense factors;
9. Interest;
10. Experimental nature of the coverage;
11. Policy reserves;
12. Mix of business by risk classification; and
13. Product features such as long elimination periods, high deductibles and high maximum limits.
[ Demonstrations Notwithstanding the provisions of 14VAC5-130-50 with regard to interest, demonstrations ] of loss ratios shall be made in compliance with the Rules Governing the Filing of Rates for Individual and Certain Group Accident and Sickness Insurance Policy Forms, Chapter 130 (14VAC5-130) of this title. [ All present and accumulated values used to determine rate increases, including the lifetime loss ratio used in the original pricing, shall use the maximum valuation interest rate for contract reserves as specified in § 38.2-1371 of the Code of Virginia. ]
C. Any insurer may request a series of scheduled rate increases that are actuarially equivalent to a single amount requested over the lifetime of the policy. The entire series may be approved at one time as part of the current rate increase filing.
D. As a condition of approval of a rate increase for a block of business for which the contingent benefit upon lapse is not otherwise required, a contingent benefit upon lapse provision will be required in accordance with 14VAC5-200-185 D. If the rate increase is approved in a series of scheduled rate increases and the sum of all scheduled rate increases will trigger the offering of a contingent benefit upon lapse, the insurer shall be required to include contingent benefit upon lapse at the time of each scheduled increase.
E. All submissions shall include information required by 14VAC5-200-75.
F. Subsection B of this section shall not apply to life insurance policies that accelerate benefits for long-term care. A life insurance policy that funds long-term care benefits entirely by accelerating the death benefit is considered to provide reasonable benefits in relation to premiums paid, if the policy complies with all of the following provisions:
1. The interest credited internally to determine cash value accumulations, including long-term care, if any, are guaranteed not to be less than the minimum guaranteed interest rate for cash value accumulations without long-term care set forth in the policy;
2. The portion of the policy that provides life insurance benefits meets the nonforfeiture requirements of Chapter 32 (§ 38.2-3200 et seq.) of Title 38.2 of the Code of Virginia;
3. If an application for a long-term care insurance contract or certificate is approved, the issuer shall deliver the contract or certificate of insurance to the applicant no later than 30 days after the date of approval;
4. At the time of policy delivery, a policy summary shall be delivered for an individual life insurance policy that provides long-term care benefits within the policy or by rider. In the case of direct response solicitations, the insurer shall deliver the policy summary upon the applicant's request, but regardless of request shall make delivery no later than at the time of policy delivery. In addition to complying with all applicable requirements, the summary shall also include:
a. An explanation of how the long-term care benefit interacts with other components of the policy, including deductions from death benefits;
b. An illustration of the amount of benefits, the length of benefit, and the guaranteed lifetime benefits, if any, for each covered person;
c. Any exclusions, reductions and limitations on benefits of long-term care;
d. A statement that any long-term care inflation protection option required by 14VAC5-200-100 is not available under this policy;
e. If applicable to the policy type, the summary shall also include:
(1) A disclosure of the effects of exercising other rights under the policy;
(2) A disclosure of guarantees related to long-term care costs of insurance charges; and
(3) Current and projected maximum lifetime benefits; and
f. The provisions of the policy summary listed above may be incorporated into a basic illustration or into the life insurance policy summary;
5. Any time a long-term care benefit, funded through a life insurance vehicle by the acceleration of the death benefit, is in benefit payment status, a monthly report shall be provided to the policyholder. The report shall include:
a. Any long-term care benefits paid out during the month;
b. An explanation of any changes in the policy, (e.g., death benefits or cash values,) due to long-term care benefits being paid out; and
c. The amount of long-term care benefits existing or remaining;
6. Any policy illustration that meets the applicable requirements of 14VAC5-40 14VAC5-41; and
7. An actuarial memorandum is filed with the Bureau of Insurance that includes:
a. A description of the basis on which the long-term care rates were determined;
b. A description of the basis for the reserves;
c. A summary of the type of policy, benefits, renewability, general marketing method, and limits on ages of issuance;
d. A description and a table of each actuarial assumption used. For expenses, an insurer must include percentage of premium dollars per policy and dollars per unit of benefits, if any;
e. A description and a table of the anticipated policy reserves and additional reserves to be held in each future year for active lives;
f. The estimated average annual premium per policy and the average issue age;
g. A statement as to whether underwriting is performed at the time of application. The statement shall indicate whether underwriting is used and, if used, the statement shall include a description of the type or types of underwriting used, such as medical underwriting or functional assessment underwriting. Concerning a group policy, the statement shall indicate whether the enrollee or any dependent will be underwritten and when underwriting occurs; and
h. A description of the effect of the long-term care policy provision on the required premiums, nonforfeiture values and reserves on the underlying life insurance policy, both for active lives and those in long-term care claim status.
14VAC5-200-153. Premium rate schedule increases for policies issued on or after October 1, 2003, but prior to [ (insert effective date of regulation) September 1, 2015 ].
A. This section applies to any premium rate increase filed with the commission on or after [ (insert effective date of regulation) September 1, 2015, ] for any long-term care insurance policy or certificate issued in this Commonwealth on or after October 1, 2003, but prior to [ (insert effective date of regulation) September 1, 2015 ].
B. An insurer shall request the commission's approval of a pending premium rate schedule increase, including an exceptional increase, prior to the notice to the policyholders and shall include:
1. Information required by 14VAC5-200-75;
2. Certification by a qualified actuary that:
a. If the requested premium rate schedule increase is implemented and the underlying assumptions, which reflect moderately adverse conditions, are realized, no further premium rate schedule increases are anticipated; and
b. The premium rate filing is in compliance with the provisions of this section;
3. An actuarial memorandum justifying the rate schedule change request that includes:
a. Lifetime projections of earned premiums and incurred claims based on the filed premium rate schedule increase; and the method and assumptions used in determining the projected values, including reflection of any assumptions that deviate from those used for pricing other forms currently available for sale;
(1) Annual values for the five years preceding and the three years following the valuation date shall be provided separately;
(2) The projections shall include the development of the lifetime loss ratio, unless the rate increase is an exceptional increase;
(3) The projections shall demonstrate compliance with subsection C of this section; and
(4) For exceptional increases,
(a) The projected experience should be limited to the increases in claims expenses attributable to the approved reasons for the exceptional increase; and
(b) In the event the commission determines as provided in the definition of exceptional increase in 14VAC5-200-40 that offsets may exist, the insurer shall use appropriate net projected experience;
b. Disclosure of how reserves have been incorporated in this rate increase whenever the rate increase will trigger contingent benefit upon lapse;
c. Disclosure of the analysis performed to determine why a rate adjustment is necessary, which pricing assumptions were not realized and why, and what other actions taken by the company have been relied on by the actuary;
d. A statement that policy design, underwriting, and claims adjudication practices have been taken into consideration; and
e. In the event that it is necessary to maintain consistent premium rates for new policies and policies receiving a rate increase, the insurer will need to file composite rates reflecting projections of new policies; and
f. A demonstration that actual and projected costs exceed costs anticipated at the time of initial pricing under moderately adverse experience and that the composite margin is projected to be exhausted;
4. A statement that renewal premium rate schedules are not greater than new business premium rate schedules except for differences attributable to benefits, unless sufficient justification is provided to the commission; and
5. Sufficient information for review and approval of the premium rate schedule increase by the commission.
An insurer may request a series of scheduled rate increases that are actuarially equivalent to a single amount requested over the lifetime of the policy. The entire series may be approved at one time as part of the current rate increase filing. The insurer shall be required to include contingent benefit upon lapse at the time of each scheduled increase.
The insurer may request a premium rate schedule increase less than what is required under this section and the commission may approve such premium rate schedule increase, without submission of the certification in subdivision 2 a of this subsection, if the actuarial memorandum discloses the premium rate schedule increase necessary to make such certification required, the premium rate schedule increase filing satisfies all other requirements of this section, and is, in the opinion of the commission, in the best interest of policyholders.
C. All premium rate schedule increases shall be determined in accordance with the following requirements:
1. Exceptional increases shall provide that 70% of the present value of projected additional premiums from the exceptional increase will be returned to policyholders in benefits;
2. Premium rate schedule increases shall be calculated such that the sum of the accumulated value of incurred claims, without the inclusion of active life reserves, and the present value of future projected incurred claims, without the inclusion of active life reserves, will not be less than the sum of the following:
a. The accumulated value of the initial earned premium times 58%;
b. Eighty-five percent 85% of the accumulated value of prior premium rate schedule increases on an earned basis;
c. The present value of future projected initial earned premiums times 58%; and
d. Eighty-five percent 85% of the present value of future projected premiums not in subdivision 2 c of this subsection on an earned basis;
3. In the event that a policy form has both exceptional and other increases, the values in subdivisions 2 b and d of this subsection will also include 70% for exceptional rate increase amounts; and
4. All present and accumulated values used to determine rate increases shall use the [ greater of the ] maximum valuation interest rate for contract reserves as specified in [ 14VAC5-320 or interest at a rate consistent with that assumed in the original determination of premiums § 38.2-1371 of the Code of Virginia ]. The actuary shall disclose as part of the actuarial memorandum the use of any appropriate averages.
D. For each rate increase that is implemented, the insurer shall file for approval by the commission updated projections, as defined in subdivision B 3 a of this section, annually for the next three years and include a comparison of actual results to projected values. The commission may extend the period to greater than three years if actual results are not consistent with projected values from prior projections. For group insurance policies that meet the conditions in subsection K of this section, the projections required by subdivision B 3 a of this section shall be provided to the policyholder in lieu of filing with the commission.
E. If any increased premium rate in the revised premium rate schedule is greater than 200% of the comparable rate in the initial premium schedule, the premiums exceeding 200% shall be clearly identified and lifetime projections, as defined in subdivision B 3 a of this section, shall be filed for approval by the commission every five years following the end of the required period in subsection D of this section. For group insurance policies that meet the conditions in subsection K of this section, the projections required by this subsection shall be provided to the policyholder in lieu of filing with the commission.
F. 1. If the commission has determined that the actual experience following a rate increase does not adequately match the projected experience and that the current projections under moderately adverse conditions demonstrate that incurred claims will not exceed proportions of premiums specified in subsection C of this section, the commission may require the insurer to implement any of the following:
a. Premium rate schedule adjustments; or
b. Other measures to reduce the difference between the projected and actual experience.
It is to be expected that the actual experience will not exactly match the insurer's projections. During the period that projections are monitored as described in subsections D and E of this section, the commission should determine that there is not an adequate match if the differences in earned premiums and incurred claims are not in the same direction (both actual values higher or lower than projections) or the difference as a percentage of the projected is not of the same order.
2. In determining whether the actual experience adequately matches the projected experience, consideration should be given to subdivision B 3 e of this section, if applicable.
G. If the majority of the policies or certificates to which the increase is applicable are eligible for the contingent benefit upon lapse, the insurer shall file:
1. A plan, subject to commission approval, for improved administration or claims processing designed to eliminate the potential for further deterioration of the policy form requiring further premium rate schedule increases or to demonstrate that appropriate administration and claims processing have been implemented or are in effect; otherwise the commission may impose the condition in subsection H of this section; and
2. The original anticipated lifetime loss ratio, and the premium rate schedule increase that would have been calculated according to subsection C of this section had the greater of the original anticipated lifetime loss ratio or 58% been used in the calculations described in subdivisions C 2 a and c of this section.
H. 1. For a rate increase filing that meets the following criteria, the commission shall review, for all policies included in the filing, the projected lapse rates and past lapse rates during the 12 months following each increase to determine if significant adverse lapsation has occurred or is anticipated:
a. The rate increase is not the first rate increase requested for the specific policy form or forms;
b. The rate increase is not an exceptional increase; and
c. The majority of the policies or certificates to which the increase is applicable are eligible for the contingent benefit upon lapse.
2. In the event significant adverse lapsation has occurred, is anticipated in the filing or is evidenced in the actual results as presented in the updated projections provided by the insurer following the requested rate increase, the commission may determine that a rate spiral exists. Following the determination that a rate spiral exists, the commission may require the insurer to offer, without underwriting, to all in-force insureds subject to the rate increase the option to replace existing coverage with any other long-term care insurance product being offered by the insurer or its affiliates.
a. The offer shall:
(1) Be subject to the approval of the commission;
(2) Be based on actuarially sound principles, but not be based on attained age; and
(3) Provide that maximum benefits under any new policy accepted by an insured shall be reduced by comparable benefits already paid under the existing policy.
b. The insurer shall maintain the experience of all the replacement insureds separate from the experience of insureds originally issued the policy forms. In the event of a request for a rate increase on the policy form, the rate increase shall be limited to the lesser of:
(1) The maximum rate increase determined based on the combined experience; or
(2) The maximum rate increase determined based only on the experience of the insureds originally issued the form plus 10%.
I. If the commission determines that the insurer has exhibited a persistent practice of filing inadequate initial premium rates for long-term care insurance, the commission may, in addition to the provisions of subsection H of this section, prohibit the insurer from either of the following:
1. Filing and marketing comparable coverage for a period of up to five years; or
2. Offering all other similar coverages and limiting marketing of new applications to the products subject to recent premium rate schedule increases.
J. Subsections A through I of this section shall not apply to policies for which the long-term care benefits provided by the policy are incidental, as defined in 14VAC5-200-40, if the policy complies with all of the following provisions:
1. The interest credited internally to determine cash value accumulations, including long-term care, if any, are guaranteed not to be less than the minimum guaranteed interest rate for cash value accumulations without long-term care set forth in the policy;
2. The portion of the policy that provides insurance benefits other than long-term care coverage meets the nonforfeiture requirements as applicable in any of the following:
a. Sections 38.2-3200 through 38.2-3218 of the Code of Virginia, and; or
b. Sections 38.2-3219 through 38.2-3229 of the Code of Virginia;
3. The policy meets the disclosure requirements of §§ 38.2-5207.1 and 38.2-5207.2 of the Code of Virginia;
4. The portion of the policy that provides insurance benefits other than long-term care coverage meets the requirements as applicable in the following: [ 14VAC5-20 and 14VAC5-41; and ]
a. Policy illustrations as required by 14VAC5-41; [ 14VAC5-20 and ]
b. Disclosure requirements in 14VAC5-41;
5. An actuarial memorandum is filed with the commission that includes:
a. A description of the basis on which the long-term care rates were determined;
b. A description of the basis for the reserves;
c. A summary of the type of policy, benefits, renewability, general marketing method, and limits on ages of issuance;
d. A description and a table of each actuarial assumption used. For expenses, an insurer shall include percent of premium dollars per policy and dollars per unit of benefits, if any;
e. A description and a table of the anticipated policy reserves and additional reserves to be held in each future year for active lives;
f. The estimated average annual premium per policy and the average issue age;
g. A statement as to whether underwriting is performed at the time of application. The statement shall indicate whether underwriting is used and, if used, the statement shall include a description of the type or types of underwriting used, such as medical underwriting or functional assessment underwriting. Concerning a group policy, the statement shall indicate whether the enrollee or any dependent will be underwritten and when underwriting occurs; and
h. A description of the effect of the long-term care policy provision on the required premiums, nonforfeiture values and reserves on the underlying insurance policy, both for active lives and those in long-term care claim status.
K. Subsections F and H of this section shall not apply to group insurance policies as defined in subsections A and C of § 38.2-3521.1 of the Code of Virginia where:
1. The policies insure 250 or more persons and the policyholder has 5,000 or more eligible employees of a single employer; or
2. The policyholder, and not the certificateholders, pays a material portion of the premium, which shall not be less than 20% of the total premium for the group in the calendar year prior to the year a rate increase is filed.
14VAC5-200-154. Premium rate increases for policies issued after [ (insert effective date of regulation) September 1, 2015 ].
A. An insurer shall request the commission's approval of a pending premium rate schedule increase, including an exceptional increase, prior to the notice to the policyholders and shall include:
1. Information required by 14VAC5-200-75;
2. Certification by a qualified actuary that:
a. If the requested premium rate schedule increase is implemented and the underlying assumptions, which reflect moderately adverse conditions, are realized, no further premium rate schedule increases are anticipated; and
b. The premium rate filing is in compliance with the provisions of this section;
3. An actuarial memorandum justifying the rate schedule change request that includes:
a. Lifetime projections of earned premiums and incurred claims based on the filed premium rate schedule increase and the method and assumptions used in determining the projected values, including reflection of any assumptions that deviate from those used for pricing other forms currently available for sale;
(1) Annual values for the five years preceding and the three years following the valuation date shall be provided separately;
(2) The projections shall include the development of the lifetime loss ratio, unless the rate increase is an exceptional increase;
(3) The projections shall demonstrate compliance with subsection B of this section; and
(4) For exceptional increases:
(a) The projected experience should be limited to the increases in claims expenses attributable to the approved reasons for the exceptional increase; and
(b) In the event the commission determines as provided in the definition of exceptional increase in 14VAC5-200-40 that offsets may exist, the insurer shall use appropriate net projected experience;
b. Disclosure of how reserves have been incorporated in this rate increase whenever the rate increase will trigger contingent benefit upon lapse;
c. Disclosure of the analysis performed to determine why a rate adjustment is necessary, which pricing assumptions were not realized and why, and what other actions taken by the company have been relied on by the actuary;
d. A statement that policy design, underwriting, and claims adjudication practices have been taken into consideration;
e. In the event that it is necessary to maintain consistent premium rates for new policies and policies receiving a rate increase, the insurer will need to file composite rates reflecting projections of new policies; and
f. A demonstration that actual and projected costs exceed costs anticipated at the time of initial pricing under moderately adverse experience and that the composite margin is projected to be exhausted;
4. A statement that renewal premium rate schedules are not greater than new business premium rate schedules except for differences attributable to benefits, unless sufficient justification is provided to the commission; and
5. Sufficient information for review and approval of the premium rate schedule increase by the commission.
An insurer may request a series of scheduled rate increases that are actuarially equivalent to a single amount requested over the lifetime of the policy. The entire series may be approved at one time as part of the current rate increase filing. The insurer shall be required to include contingent benefit upon lapse at the time of each scheduled increase.
The insurer may request a premium rate schedule increase less than what is required under this section and the commission may approve such premium rate schedule increase, without submission of the certification in subdivision 2 a of this subsection, if the actuarial memorandum discloses the premium rate schedule increase necessary to make such certification required, the premium rate schedule increase filing satisfies all other requirements of this section, and is, in the opinion of the commission, in the best interest of policyholders.
B. All premium rate schedule increases shall be determined in accordance with the following requirements:
1. Exceptional increases shall provide that 70% of the present value of projected additional premiums from the exceptional increase will be returned to policyholders in benefits;
2. Premium rate schedule increases shall be calculated such that the sum of the lesser of (i) the accumulated value of actual incurred claims, without the inclusion of active life reserves, or (ii) the accumulated value of historic expected claims without the inclusion of active life reserves, plus the present value of the future expected incurred claims, projected without the inclusion of actual life reserves, will not be less than the sum of the following:
a. The accumulated value of the initial earned premium times the greater of (i) 58% and (ii) the lifetime loss ratio consistent with the original filing including margins for moderately adverse experience;
b. 85% of the accumulated value of prior premium rate schedule increases on an earned basis;
c. The present value of future projected initial earned premiums times the greater of (i) 58% and (ii) the lifetime loss ratio consistent with the original filing including margins for moderately adverse experience; and
d. 85% of the present value of future projected premiums not in subdivision 2 c of this subsection on an earned basis.
3. Expected claims shall be calculated based on the original filing assumptions assumed until new assumptions are filed as part of a rate increase. New assumptions shall be used for all periods beyond each requested effective date of a rate increase. Expected claims are calculated for each calendar year based on the in-force policies at the beginning of the calendar year. Expected claims shall include margins for moderately adverse experience; either amounts included in the claims that were used to determine the lifetime loss ratio consistent with the original filing or as modified in any rate increase filing;
4. In the event that a policy form has both exceptional and other increases, the values in subdivisions 2 b and d of this subsection will also include 70% for exceptional rate increase amounts; and
5. All present and accumulated values used to determine rate increases, including the lifetime loss ratio consistent with the original filing reflecting margins for moderately adverse experience, shall use the [ greater of the ] maximum valuation interest rate for contract reserves as specified in [ 14VAC5-320 or interest at a rate consistent with that assumed in the original determination of premiums § 38.2-1371 of the Code of Virginia ]. The actuary shall disclose as part of the actuarial memorandum the use of any appropriate averages.
C. For each rate increase that is implemented, the insurer shall file for approval by the commission updated projections, as defined in subdivision A 3 a of this section, annually for the next three years and include a comparison of actual results to projected values. The commission may extend the period to greater than three years if actual results are not consistent with projected values from prior projections. For group insurance policies that meet the conditions in subsection J of this section, the projections required by subdivision A 3 a of this section shall be provided to the policyholder in lieu of filing with the commission.
D. If any increased premium rate in the revised premium rate schedule is greater than 200% of the comparable rate in the initial premium schedule, the premiums exceeding 200% shall be clearly identified and lifetime projections, as defined in subdivision A 3 a of this section, shall be filed for approval by the commission every five years following the end of the required period in subsection C of this section. For group insurance policies that meet the conditions in subsection J of this section, the projections required by this subsection shall be provided to the policyholder in lieu of filing with the commission.
E. 1. If the commission has determined that the actual experience following a rate increase does not adequately match the projected experience and that the current projections under moderately adverse conditions demonstrate that incurred claims will not exceed proportions of premiums specified in subsection B of this section, the commission may require the insurer to implement any of the following:
a. Premium rate schedule adjustments; or
b. Other measures to reduce the difference between the projected and actual experience.
It is to be expected that the actual experience will not exactly match the insurer's projections. During the period that projections are monitored as described in subsections C and D of this section, the commission may determine that there is not an adequate match if the differences in earned premiums and incurred claims are not in the same direction (both actual values higher or lower than projections) or the difference as a percentage of the projected is not of the same order.
2. In determining whether the actual experience adequately matches the projected experience, consideration should be given to subdivision A 3 e of this section, if applicable.
F. If the majority of the policies or certificates to which the increase is applicable are eligible for the contingent benefit upon lapse, the insurer shall file a plan, subject to commission approval, for improved administration or claims processing designed to eliminate the potential for further deterioration of the policy form requiring further premium rate schedule increases, or both, or to demonstrate that appropriate administration and claims processing have been implemented or are in effect; otherwise the commission may impose the condition in subsection G of this section.
G. 1. For a rate increase filing that meets the following criteria, the commission shall review, for all policies included in the filing, the projected lapse rates and past lapse rates during the 12 months following each increase to determine if significant adverse lapsation has occurred or is anticipated:
a. The rate increase is not the first rate increase requested for the specific policy form or forms;
b. The rate increase is not an exceptional increase; and
c. The majority of the policies or certificates to which the increase is applicable are eligible for the contingent benefit upon lapse.
2. In the event significant adverse lapsation has occurred, is anticipated in the filing, or is evidenced in the actual results as presented in the updated projections provided by the insurer following the requested rate increase, the commission may determine that a rate spiral exists. Following the determination that a rate spiral exists, the commission may require the insurer to offer, without underwriting, to all in-force insureds subject to the rate increase the option to replace existing coverage with any other long-term care insurance product being offered by the insurer or its affiliates.
a. The offer shall:
(1) Be subject to the approval of the commission;
(2) Be based on actuarially sound principles, but not be based on attained age; and
(3) Provide that maximum benefits under any new policy accepted by an insured shall be reduced by comparable benefits already paid under the existing policy.
b. The insurer shall maintain the experience of all the replacement insureds separate from the experience of insureds originally issued the policy forms. In the event of a request for a rate increase on the policy form, the rate increase shall be limited to the lesser of:
(1) The maximum rate increase determined based on the combined experience; or
(2) The maximum rate increase determined based only on the experience of the insureds originally issued the form plus 10%.
H. If the commission determines that the insurer has exhibited a persistent practice of filing inadequate initial premium rates for long-term care insurance, the commission may, in addition to the provisions of subsection G of this section, prohibit the insurer from either of the following:
1. Filing and marketing comparable coverage for a period of up to five years; or
2. Offering all other similar coverages and limiting marketing of new applications to the products subject to recent premium rate schedule increases.
I. Subsections A through H of this section shall not apply to policies for which the long-term care benefits provided by the policy are incidental, as defined in 14VAC5-200-40, if the policy complies with all of the following provisions:
1. The interest credited internally to determine cash value accumulations, including long-term care, if any, are guaranteed not to be less than the minimum guaranteed interest rate for cash value accumulations without long-term care set forth in the policy;
2. The portion of the policy that provides insurance benefits other than long-term care coverage meets the nonforfeiture requirements as applicable in any of the following:
a. Sections 38.2-3200 through 38.2-3218 of the Code of Virginia; or
b. Sections 38.2-3219 through 38.2-3229 of the Code of Virginia;
3. The policy meets the disclosure requirements of §§ 38.2-5207.1 and 38.2-5207.2 of the Code of Virginia;
4. The portion of the policy that provides insurance benefits other than long-term care coverage meets the requirements as applicable in 14VAC5-20 and 14VAC5-41; [ and ]
5. An actuarial memorandum is filed with the commission that includes:
a. A description of the basis on which the long-term care rates were determined;
b. A description of the basis for the reserves;
c. A summary of the type of policy, benefits, renewability, general marketing method, and limits on ages of issuance;
d. A description and a table of each actuarial assumption used. For expenses, an insurer shall include percent of premium dollars per policy and dollars per unit of benefits, if any;
e. A description and a table of the anticipated policy reserves and additional reserves to be held in each future year for active lives;
f. The estimated average annual premium per policy and the average issue age;
g. A statement as to whether underwriting is performed at the time of application. The statement shall indicate whether underwriting is used and, if used, the statement shall include a description of the type or types of underwriting used, such as medical underwriting or functional assessment underwriting. Concerning a group policy, the statement shall indicate whether the enrollee or any dependent will be underwritten and when underwriting occurs; and
h. A description of the effect of the long-term care policy provision on the required premiums, nonforfeiture values and reserves on the underlying insurance policy, both for active lives and those in long-term care claim status.
J. Subsections E and G of this section shall not apply to group insurance policies as defined in subsections A and C of § 38.2-3521.1 of the Code of Virginia where:
1. The policies insure 250 or more persons and the policyholder has 5,000 or more eligible employees of a single employer; or
2. The policyholder, and not the certificateholders, pays a material portion of the premium, which shall not be less than 20% of the total premium for the group in the calendar year prior to the year a rate increase is filed.
14VAC5-200-183. Right to reduce coverage and lower premiums.
A. 1. Every long-term care insurance policy and certificate shall include a provision that allows the policyholder or certificateholder to reduce coverage and lower the policy or certificate premium in at least one of the following ways:
a. Reducing the maximum benefit; or
b. Reducing the daily, weekly or monthly benefit amount.
2. The insurer may also offer other reduction options that are consistent with the policy or certificate design or the carrier's administrative processes.
3. [ In Except for a long-term care policy issued prior to September 1, 2015, that contains language to the contrary, in ] the event the reduction in coverage involves the reduction or elimination of the inflation protection provision, the insurer shall allow the policyholder to continue the benefit amount in effect at the time of the reduction.
B. The provision shall include a description of the ways in which coverage may be reduced and the process for requesting and implementing a reduction in coverage.
C. The age to determine the premium for the reduced coverage shall be based on the age used to determine the premiums for the coverage currently in force The premium for the reduced coverage shall be:
1. Based on the same age and underwriting class used to determine the premium for the coverage currently in force; and
2. Consistent with the approved rate table.
D. The insurer may limit any reduction in coverage to plans or options available for that policy form and to those for which benefits will be available after consideration of claims paid or payable.
E. If a policy or certificate is about to lapse, the insurer shall provide a written reminder to the policyholder or certificateholder of his right to reduce coverage and premiums in the notice required by 14VAC5-200-65 A 3.
F. This section does not apply to life insurance policies or riders containing accelerated long-term care benefits.
14VAC5-200-185. Nonforfeiture benefit requirement.
A. This section does not apply to life insurance policies or riders containing accelerated long-term care benefits.
B. To comply with the requirement to offer a nonforfeiture benefit pursuant to the provisions of § 38.2-5210 of the Code of Virginia:
1. A policy or certificate offered with nonforfeiture benefits shall have coverage elements, eligibility, benefit triggers and benefit length that are the same as coverage to be issued without nonforfeiture benefits. The nonforfeiture benefit included in the offer shall be the benefit described in subsection E of this section; and
2. The offer shall be in writing if the nonforfeiture benefit is not otherwise described in the Outline of Coverage or other materials given to the prospective policyholder.
When a group long-term care insurance policy is issued, the offer required in § 38.2-5210 of the Code of Virginia shall be made to the group policyholder. However, if the policy is issued as group long-term care insurance as defined in § 38.2-3522.1 of the Code of Virginia other than to a continuing care retirement community or other similar entity, the offer shall be made to each proposed certificateholder.
C. If the offer required to be made under § 38.2-5210 of the Code of Virginia is rejected, the insurer shall provide the contingent benefit upon lapse described in this section. Even if this offer is accepted for a policy with a fixed or limited premium paying period, the contingent benefit upon lapse in subdivision D 4 of this section shall still apply.
D. 1. After rejection of the offer required under § 38.2-5210 of the Code of Virginia, for individual and group policies without nonforfeiture benefits, the insurer shall provide a contingent benefit upon lapse.
2. In the event a group policyholder elects to make the nonforfeiture benefit an option to the certificateholder, a certificate shall provide either the nonforfeiture benefit or the contingent benefit upon lapse.
3. A contingent benefit on upon lapse shall be triggered every time an insurer increases the premium rates to a level which results in a cumulative increase of the annual premium equal to or exceeding the percentage of the insured's initial annual premium set forth below based on the insured's issue age, and the policy or certificate lapses within 120 days of the due date of the premium so increased. Unless otherwise required, policyholders shall be notified at least 60 75 days prior to the due date of the premium reflecting the rate increase.
| Triggers for a Substantial Premium Increase |
| Issue Age | Percent Increase
Over Initial Premium |
| 29 54 and under
| 200% 100%
|
| 30-34
| 190%
|
| 35-39
| 170%
|
| 40-44
| 150%
|
| 45-49
| 130%
|
| 50-54
| 110%
|
| 55‑59 | 90% |
| 60 | 70% |
| 61 | 66% |
| 62 | 62% |
| 63 | 58% |
| 64 | 54% |
| 65 | 50% |
| 66 | 48% |
| 67 | 46% |
| 68 | 44% |
| 69 | 42% |
| 70 | 40% |
| 71 | 38% |
| 72 | 36% |
| 73 | 34% |
| 74 | 32% |
| 75 | 30% |
| 76 | 28% |
| 77 | 26% |
| 78 | 24% |
| 79 | 22% |
| 80 | 20% |
| 81 | 19% |
| 82 | 18% |
| 83 | 17% |
| 84 | 16% |
| 85 | 15% |
| 86 | 14% |
| 87 | 13% |
| 88 | 12% |
| 89 | 11% |
| 90 and over | 10% |
4. A contingent benefit on lapse shall also be triggered for policies with a fixed or limited premium paying period every time an insurer increases the premium rates to a level that results in a cumulative increase of the annual premium equal to or exceeding the percentage of the insured's initial annual premium set forth below based on the insured's issue age, the policy or certificate lapses within 120 days of the due date of the premium so increased, and the ratio in subdivision 6 b of this subsection is 40% or more. Unless otherwise required, policyholders shall be notified at least 60 75 days prior to the due date of the premium reflecting the rate increase.
| Triggers for a Substantial Premium Increase |
| Issue Age | Percent Increase
Over Initial Premium |
| Under 65 | 50% |
| 65-80 | 30% |
| Over 80 | 10% |
This provision shall be in addition to the contingent benefit provided by subdivision 3 of this subsection, and where both are triggered, the benefit provided shall be at the option of the insured.
5. On or before the effective date of a substantial premium increase as defined in subdivision 3 of this subsection, the insurer shall:
a. Offer to reduce policy benefits provided by the current coverage without the requirement of additional underwriting consistent with 14VAC5-200-183 so that required premium payments are not increased;
b. Offer to convert the coverage to a paid-up status with a shortened benefit period in accordance with the terms of subsection E of this section. This option may be elected at any time during the 120-day period referenced in subdivision 3 of this subsection; and
c. Notify the policyholder or certificateholder that a default or lapse at any time during the 120-day period referenced in subdivision 3 of this subsection shall be deemed to be the election of the offer to convert in subdivision 5 b of this subsection unless the automatic option in subdivision 6 c of this subsection applies.
6. On or before the effective date of a substantial premium increase as defined in subdivision 4 of this subsection, the insurer shall:
a. Offer to reduce policy benefits provided by the current coverage without the requirement of additional underwriting consistent with the requirements of 14VAC5-200-183 so that required premium payments are not increased;
b. Offer to convert the coverage to a paid-up status where the amount payable for each benefit is 90% of the amount payable in effect immediately prior to lapse times the ratio of the number of completed months of paid premiums divided by the number of months in the premium paying period. This option may be elected at any time during the 120-day period referenced in subdivision 4 of this subsection; and
c. Notify the policyholder or certificateholder that a default or lapse at any time during the 120-day period referenced in subdivision 4 of this subsection shall be deemed to be the election of the offer to convert in subdivision 6 b of this subsection if the ratio is 40% or more.
7. In the event the policy was issued at least 20 years prior to the effective date of the premium rate increase, a value of 0% shall be used in place of all values in the tables in subdivision 3 or 4 of this subsection.
E. Benefits continued as nonforfeiture benefits, including contingent benefits upon lapse in accordance with subdivision D 3 but not subdivision D 4 of this section, are described in this subsection:
1. For purposes of this subsection, attained age rating is defined as a schedule of premiums starting from the issue date which increases age at least 1.0% per year prior to age 50, and at least 3.0% per year beyond at age 50 and beyond.
2. For purposes of this subsection, the nonforfeiture benefit shall be of a shortened benefit period providing paid-up long-term care insurance coverage after lapse. The same benefits (amounts and frequency in effect at the time of lapse but not increased thereafter) will be payable for a qualifying claim, but the lifetime maximum dollars or days of benefits shall be determined as specified in subdivision 3 of this subsection.
3. The standard nonforfeiture credit will be equal to 100% of the sum of all premiums paid, including the premiums paid prior to any changes in benefits. The insurer may offer additional shortened benefit period options as long as the benefits for each duration equal or exceed the standard nonforfeiture credit for that duration. However, the minimum nonforfeiture credit shall not be less than 30 times the daily nursing home benefit at the time of lapse. In either event, the calculation of the nonforfeiture credit is subject to the limitation of subsection F of this section.
4. a. The nonforfeiture benefit shall begin not later than the end of the third year following the policy or certificate issue date. The contingent benefit upon lapse shall be effective during the first three years as well as thereafter.
b. Notwithstanding subdivision 4 a of this subsection, except that for a policy or certificate with a contingent benefit upon lapse or a policy or certificate with attained age rating, the nonforfeiture benefit shall begin on the earlier of: (i) the end of the tenth year following the policy or certificate issue date; or (ii) the end of the second year following the date the policy or certificate is no longer subject to attained age rating.
5. Nonforfeiture credits may be used for all care and services qualifying for benefits under the terms of the policy or certificate, up to the limits specified in the policy or certificate.
F. All benefits paid by the insurer while the policy or certificate is in premium paying status and in the paid up paid-up status will not exceed the maximum benefits which would be payable if the policy or certificate had remained in premium paying status.
G. There shall be no difference in the minimum nonforfeiture benefits as required under this section for group and individual policies.
H. Premiums charged for a policy or certificate containing nonforfeiture benefits or a contingent benefit on lapse shall be subject to the loss ratio requirements of 14VAC5-200-150 or, 14VAC5-200-153, or 14VAC5-200-154, whichever is applicable, treating the policy as a whole.
I. To determine whether contingent nonforfeiture upon lapse provisions are triggered under subdivision D 3 or D 4 of this section, a replacing insurer that purchased or otherwise assumed a block or blocks of long-term care insurance policies from another insurer shall calculate the percentage increase based on the initial annual premium paid by the insured when the policy was first purchased from the original insurer.
J. A nonforfeiture benefit for qualified long-term care insurance contracts that are level premium contracts shall be offered that meets the following requirements:
1. The nonforfeiture provision shall be appropriately captioned;
2. The nonforfeiture provision shall provide a benefit available in the event of a default in the payment of any premiums and shall state that the amount of the benefit may be adjusted subsequent to being initially granted only as necessary to reflect changes in claims, persistency and interest as reflected in changes in rates for premium paying contracts approved by the commission for the same contract form; and
3. The nonforfeiture provision shall provide at least one of the following:
a. Reduced paid-up insurance;
b. Extended term insurance;
c. Shortened benefit period; or
d. Other similar offerings approved by the commission.
14VAC5-200-195. Rate increase hearings.
The commission may, at its sole discretion and as a condition of approval, conduct a public hearing or order an insurer to present information concerning its premium rate increase submission before the commission if it determines that a hearing or presentation is in the public interest. One consideration for a hearing may be the percentage or level of premium rate increase requested.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are 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 forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.
FORMS (14VAC5-200)
Rescission Reporting Form, Form A (eff. 2/02)
Long-Term Care Insurance Personal Worksheet, Form B (rev. 2/02).
Long-Term Care Insurance Personal Worksheet, Form B (rev. 4/15)
Things You Should Know Before You Buy Long-Term Care Insurance, Form (rev. 9/07)
Long-Term Care Insurance Suitability Letter, Form D (rev. 2/02)
Claims Denial Reporting, Form E (eff. 9/07).
Claims Denial Reporting Form, Form E (rev. 4/15)
Potential Rate Increase Disclosure Form, Form F (rev. 9/07)
Replacement and Lapse Reporting Form, Form G (eff. 9/07)
Partnership Program Notice, Form 200-A (eff. 9/07)
Partnership Disclosure Notice, Form 200-B (eff. 9/07)
Partnership Certification Form, Form 200-C (eff. 9/07).
Long-Term Care Partnership Certification Form, Form 200-C (rev. 4/15)
VA.R. Doc. No. R15-4149; Filed April 1, 2015, 1:31 p.m.