STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Decision on Variances to the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115)
Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220), of the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115), hereafter referred to as the "Human Rights Regulations," is announcing a decision on applications for variances to the Human Rights Regulations submitted to the State Human Rights Committee (SHRC). The purpose of the regulation is to ensure and protect the legal and human rights of individuals receiving services in facilities or programs operated, licensed, or funded by DBHDS.
Each variance application references the specific part of the Human Rights Regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Such application also describes time limits and other conditions for duration and the circumstances that will end the applicability of the variance. After considering all available information including comments, the SHRC intends to submit a written decision deferring, disapproving, modifying, or approving each variance application. All variances shall be approved for a specific time period. The decisions and reasons for variances are described in this notice.
Purpose of notice: After considering all available information, at its meeting June 22, 2021, the SHRC voted to approve the applications for variances to the Human Rights Regulations.
Variance to procedures for 12VAC35-115-150, General provisions; 12VAC35-115-175, Human rights complaint process; 12VAC35-115-180, Local Human Rights Committee hearing and review procedures; 12VAC35-115-190, Special procedures for emergency hearings by the LHRC; 12VAC35-115-200, Special procedures for LHRC reviews involving consent and authorization; and 12VAC35-115-210, State Human Rights Committee appeals procedures.
Explanation: Prior to 2010, the Virginia Center for Behavioral Rehabilitation (VCBR) followed the complaint process outlined in the Human Rights Regulations. As the census of the facility grew, the volume of complaints from residents overburdened the LHRC and became a treatment distraction for residents. The modified resident complaint process provides a similar level of review to the listed regulations. This modified complaint process allows for a review of complaints at a "Formal" and "Director" level within the facility. The "Complaints Coordinator" of the facility meets with the resident at the Formal level in an attempt to resolve the issue at hand. At the Director level, the facility director or the director's designee reviews the complaint and attempts to resolve the issue at hand. If the resident is not satisfied with the determination or actions by the facility, the resident may appeal the decision to the VCBR Complaints Appeal Committee. This appeal committee is comprised of two members of the SHRC and the Director of the DBHDS Office of Human Rights. Of note, having the appeal committee ensures that there is still a process in place for a final review by individuals not affiliated with the facility.
This variance was approved for a three-year period with a modification to the request that if neither the chair nor the vice-chair of the SHRC are individuals receiving services, then a member of the SHRC who is an individual receiving services shall be appointed to the appeal committee.
Variance to procedures for 12VAC35-115-100, Restrictions on freedoms of everyday life: 12VAC35-115-100 B 5 - LHRC Review of imposed restrictions that last longer than seven days or are imposed three or more times during a 30-day period.
Explanation: This variance permits VCBR to place a resident on restriction, under this subsection or under 12VAC35-115-50, which lasts longer than seven days or is imposed three or more times in a 30-day time period without the approval of a local human rights committee (LHRC). Sexually violent predators may engage in behaviors that require an immediate restriction to ensure safety. It is necessary to implement restrictions in a timely manner so that the safety of residents and the general public is maintained. Prior review of a restriction by a LHRC may delay the implementation or continuation of a necessary restriction, increasing risk. Sexually violent predators may plan dangerous actions to circumvent established timeframes for review (e.g., seven or 30 days). Longer and more frequent restrictions, as determined by the individual's treatment team, may be required to assure the safety of residents, staff, and the general public. An individual may utilize the facility complaint process to request review of an imposed restriction.
Procedures for ensuring resident freedoms of everyday life within VCBR and procedures for implementing restrictions on those freedoms shall be outlined in Facility Instruction No. 201, Restrictions on Freedoms of Everyday Life.
This variance was not approved.
Variance to procedures for 12VAC35-115-50 C 3 a - reasonable privacy and private storage space.
Explanation: While VCBR is substantially able to meet the requirements of this section, the facility does·"double-bunk" individuals in rooms that are approximately 85 square feet. The facility provides private (lockable) storages spaces to residents in their rooms.
This variance was approved for a three-year period.
Contact Information: Taneika Goldman, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, 1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-3988, FAX (833) 734-1241, or email taneika.goldman@dbhds.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Bartonsville Energy Facility II LLC Notice of Intent for Small Renewable Energy Project (Solar) - Frederick County
Bartonsville Energy Facility II LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documents for a permit by rule for a small renewable energy project (solar) in Frederick County. Bartonsville Energy Facility II LLC will be located on approximately 640 acres of privately owned land to the west of Stephens City, Virginia, south of Marlboro Road, and adjacent to the project's currently permitted site. Latitude and longitude coordinates are as follows: 39.081353, -78.240525. The expansion facilities will have a maximum capacity of 50 megawatts alternating current and will consist of ground-mounted solar photovoltaic modules installed on single-axis tracking structures and associated inverters. As so explained, the project will have a total maximum nameplate capacity of 130 megawatts alternating current.
Contact Information: Mary Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-2665, FAX (804) 698-4510.
Public Hearing and Public Comment Period - Proposed Runway Realignment and Extension in Middlesex County
Purpose of notice: The Department of Environmental Quality (DEQ) seeks public comment on the state's response to the environmental aspects of a proposed runway realignment and extension in Middlesex County, Virginia.
Public comment period: March 17, 2022, to April 8, 2022.
Type of response: DEQ is conducting an environmental review of a proposed runway realignment and extension as a component of the airport's License Modification Application submitted to the Virginia Department of Aviation (DOAV).
Project description: The Middlesex County Board of Supervisors, owner and operator of the Hummel Field Airport (W75) requests the DOAV amend the licensed dimensions of the current Runway 1-19 from 2,167 feet long and 45 feet wide to 3,220 feet long and 50 feet wide. Hummel Field Airport is comprised of approximately 72 acres of land and includes several aircraft hangars and a single asphalt runway, Runway 1-19, which is aligned roughly north-south. The airport is bounded by Greys Point Road to the south and east and Plainview Road to the west. The purpose of the project is to improve airport safety by constructing a runway that is fully compliant with DOAV's current design criteria and will realign the runway to provide a configuration that does not require aircraft to take off and land over existing residences north of the airport. The proposed action (Alternative 1B) includes the realignment of the runway using the DOAV minimum requirements for licensing. The proposed action includes a 1,053-foot extension and realignment of the existing runway. The proposed action would realign the runway approximately 3.9 degrees northeast, providing a new approach from the north that is generally centered over the water. The new runway, still designated as Runway 1-19, would add turnarounds at each end. Based on a combination of Federal Aviation Administration and DOAV design guidelines, the proposed action would provide a realigned runway that is 3,220 feet long and 50 feet wide. Additional activity associated with the runway realignment includes the demolition of approximately 12,146 square yards of asphalt from existing Runway 1-19, the acquisition of approximately 9.72 acres of property, construction of stormwater controls, and installation and temporary use of staging areas, haul roads, and sediment and erosion controls. The proposed action will allow the airport to meet the criteria for licensing set by the DOAV, improve safety, and support regional growth and development.
How a decision is made: The DEQ Office of Environmental Impact Review coordinates the Commonwealth's response to the environmental information submitted for runway extensions. DEQ distributes the documents to appropriate state agencies, planning districts, and localities for their review and comment. Upon consideration of all comments, DEQ prepares a single state response to DOAV, which must consider the environmental review conducted by DEQ prior to approving the airport’s License Modification Application.
How to comment: DEQ accepts comments from the public by hand-delivery, email, or postal mail. The public is invited to comment in any of three ways:
1. Oral comments will be recorded by a certified court reporter during a joint public hearing.
2. Written comments may be submitted anytime during the hearing.
3. Written comments may be mailed, emailed, or hand delivered to DEQ to the staff person listed at the end of this notice.
All written comments will be forwarded to the DOAV. All comments must include the name, address, and telephone number of the person commenting and be received by DEQ within the comment period. Before including the commenter's address, phone number, email address, or other personal identifying information in the comment, be advised that the entire comment, including personal identifying information may be made publicly available at any time. While commenters can ask the department in the comment to withhold from public review personal identifying information, the department cannot guarantee its ability to do so. A copy of the environmental information is available at the following locations:
• Middlesex County Public Library, 150 Grace Avenue, Urbanna, VA 23175
• Hummel Field Airport, 310 Plainview Road, Topping, VA 23169
• Middlesex County Administration, 877 General Puller Highway, Saluda, VA 23149
• Department of Environmental Quality, 1111 East Main Street, 14th Floor, Richmond, VA 23219 (upon request)
A copy of the information is also available online at https://www.co.middlesex.va.us/217/Public-Hearing-and-Other-Notices.
Public hearing: A joint public hearing will be hosted by DEQ in conjunction with the DOAV for the purposes of compliance with state licensing requirements (§ 5.1-7 of the Code of Virginia). Anyone desiring to be heard in support of or in opposition to this proposed action may attend and have their comments considered by DEQ and DOAV. An informational open house will be held a half hour prior to the joint public hearing. The joint public hearing and informational open house will be held as follows:
Date: March 30, 2022
Time: Informational open house 5:30 p.m. to 6 p.m.
Public hearing will begin at 6 p.m.
Location: Board Meeting Room, Middlesex County Historic Courthouse, 865 General Puller Highway, Saluda, VA
Contact for public comments, document requests, and additional information is provided as follows:
Contact Information: Janine Howard, Department of Environmental Quality, Central Office, Office of Environmental Impact Review 1111 East Main Street, 14th Floor, Richmond, VA 23218, telephone (804) 659-1916 or email janine.howard@deq.virginia.gov.
STATE BOARD OF HEALTH
American Rescue Plan Act Funding Announcement
The Virginia Department of Health (VDH) is pleased to announce $100 million of available American Rescue Plan Act (ARPA) funding to assist public drinking water systems across the Commonwealth of Virginia.
VDH developed a list of potential waterworks construction projects based on agency knowledge of needs from inspections, sanitary surveys, enforcement and compliance activity, and technical assistance across the Commonwealth. Project eligibility for ARPA projects are the same as for Drinking Water State Revolving Fund (DWSRF) projects. For more information on DWSRF eligibility, please review the DWSRF Eligibility Handbook | US EPA.
To date, VDH has already approved and awarded 35 qualifying applications totaling $62,352,700. Projects identified for funding include waterworks that (i) serve fewer than 10,000 persons; (ii) are disadvantaged, meaning that the annual water bill exceeds 1.0% of the median household income level for that community; (iii) are abandoned, meaning that the owner of the waterworks has effectively stopped providing services; or (iv) have acute or chronic violations of the Waterworks Regulations (12VAC5-590). VDH uses the project area that will benefit from the project when determining whether a waterworks qualifies as disadvantaged. VDH has prioritized projects to mitigate public health or other compliance concerns.
VDH is now accepting applications for the remaining ARPA funding. The application to apply for ARPA funding and other details about the previously awarded projects can be reviewed and downloaded at Drinking Water American Rescue Plan Act (ARPA) - Drinking Water. VDH is also accepting comments on the ARPA projects previously awarded. Please send applications, comments, questions, and concerns on projects awarded to date to vdh_drinkingwater@vdh.virginia.gov.
ARPA funding is only available to waterworks that have a population less than 10,000 persons or that are disadvantaged, abandoned, or have acute or chronic violations of the Waterworks Regulations, as described in this notice. Find additional information and help answer questions at:
Coronavirus State and Local Fiscal Recovery Funds | U.S. Department of the Treasury
https://home.treasury.gov/news/press-releases/jy0550
https://www.nlc.org/covid-19-pandemic-response/american-rescue-plan-act/
This solicitation is running concurrently with the annual Drinking Water State Revolving Fund (DWSRF) and Bipartisan Infrastructure Law (BIL) solicitation. Information about BIL and DWSRF funding and applications can be found at https://www.townhall.virginia.gov/L/ViewNotice.cfm?gnid=2367. Applications for ARPA funding, DWSRF funding, and Bipartisan Infrastructure Law funding applications are all due by May 6, 2022.
Contact Information: Joseph Hilbert, Deputy Commissioner, Government and Regulatory Affairs, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7001, FAX (804) 864-7022.
STATE WATER CONTROL BOARD
Proposed Enforcement Notice for A & K Development Corporation
An enforcement action has been proposed for A & K Development Corporation for violations at the Trinity Senior Village construction site located at 3065 Germanna Highway, Locust Grove, Virginia. The State Water Control Board proposes to issue a special order by consent to A & K Development Corporation to address noncompliance with the State Water Control Law and regulations. A description of the proposed action is available at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The Department of Environmental Quality will accept public comment from March 14, 2022, to April 13, 2022.
Contact Information: Carla Pool, Enforcement Adjudication Manager, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 664-3666, or email carla.pool@deq.virginia.gov.
Proposed Enforcement Action for Brambleton Group LLC
An enforcement action has been proposed for Brambleton Group LLC for violations of the State Water Control Law and regulations at the Brambleton Phase II, Sections 32, 34, and Active Adult Facility located in Loudoun County, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Brambleton Phase II, Sections 32, 34, and Active Adult Facility. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The staff contact will accept comments by email or postal mail from March 29, 2022, through April 27, 2022.
Contact Information: Mark Miller, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email mark.miller@deq.virginia.gov.
Proposed Enforcement Action for C&T Durham Trucking Company
An enforcement action has been proposed for C&T Durham Trucking Company for violations at Cherry Grove Dairy Farm in Rockbridge County, Virginia and C&T Durham Trucking Company Facility in the City of Harrisonburg, Virginia. The State Water Control Board proposes to issue a consent order with penalty to C&T Durham Trucking Company to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact will accept comments by email, fax or postal mail from March 28, 2022, to April 29, 2022.
Contact Information: Eric Millard, Enforcement Specialist, Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, FAX (804) 698-4178, or email eric.millard@deq.virginia.gov.
Proposed Enforcement Action for Foss Recycling of Virginia LLC
An enforcement action has been proposed for the Foss Recycling of Virginia LLC for violations of the State Water Control Law at Foss Recycling, Chesapeake, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Comments will be accepted from March 28, 2022, to April 27, 2022.
Contact Information: Russell Deppe, Enforcement Specialist, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, telephone (757) 647-8060, or email russell.deppe@deq.virginia.gov.
Proposed Enforcement Action for Gill Bros LLC
An enforcement action has been proposed for Gill Bros LLC for violations at GB 2 Facility in Augusta County, Virginia. The State Water Control Board proposes to issue a consent order with penalty and injunctive relief to Gill Bros LLC to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact will accept comments by email, fax, or postal mail from March 28, 2022, to April 26, 2022.
Contact Information: Celeste Horton, Enforcement Specialist, Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, FAX (804) -698-4178, or email celeste.horton@deq.virginia.gov.
Proposed Enforcement Action for HITT Contracting Inc.
An enforcement action has been proposed for HITT Contracting Inc. for violations of the State Water Control Law and regulations at the LVL Data Center located on Prison Road in Mecklenburg County, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the LVL Data Center. A description of the proposed action is available at the Department of Environmental Quality office listed or online at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The staff contact will accept comments by email or postal mail from March 28, 2022, through April 28, 2022.
Contact Information: Matt Richardson, Department of Environmental Quality, Piedmont Regional Office , 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 659-2696, or email matthew.richardson@deq.virginia.gov.
Proposed Enforcement Action for Waste Management of Virginia Inc.
The State Water Control Board proposes to issue a consent special order to Waste Management of Virginia Inc. for alleged violations of the State Water Control Law at the Charles City County Landfill located at 8000 Chambers Road, Charles City County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact will accept comments by email or postal mail from March 28, 2022, to April 28, 2022.
Contact Information: Frank Lupini, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, or email frank.lupini@deq.virginia.gov .
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; Email: varegs@dls.virginia.gov.
Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at https://commonwealthcalendar.virginia.gov.
Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/documents/cumultab.pdf.
Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.