{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15.html"}],"law_id":56006,"edition_id":1,"section_id":56006,"structure_id":13015,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","history":"Code 1950, \u00a7 62.1-27; 1968, c. 659; 1970, c. 638; 1972, c. 741; 1975, c. 335; 1976, c. 621; 1977, c. 32; 1978, c. 827; 1984, c. 11; 1985, cc. 249, 397; 1988, cc. 167, 328; 1989, c. 389; 1990, c. 717; 1991, cc. 239, 718; 1993, c. 456; 1994, c. 698; 1998, cc. 805, 863; 2000, cc. 972, 1032, 1054; 2002, cc. 49, 396; 2004, c. 431; 2005, c. 706; 2007, cc. 144, 633, 873, 916; 2011, cc. 52, 101; 2012, cc. 574, 581; 2013, cc. 756, 793; 2016, cc. 68, 758; 2020, cc. 449, 958.","full_text":"It shall be the duty of the Board and it shall have the authority:\n\n1\n\n[Repealed.]2\n\nTo study and investigate all problems concerned with the quality of state waters and to make reports and recommendations.2a\n\nTo study and investigate methods, procedures, devices, appliances, and technologies that could assist in water conservation or water consumption reduction.2b\n\nTo coordinate its efforts toward water conservation with other persons or groups, within or without the Commonwealth.2c\n\nTo make reports concerning, and formulate recommendations based upon, any such water conservation studies to ensure that present and future water needs of the citizens of the Commonwealth are met.3a\n\nTo establish such standards of quality and policies for any state waters consistent with the general policy set forth in this chapter, and to modify, amend, or cancel any such standards or policies established and to take all appropriate steps to prevent quality alteration contrary to the public interest or to standards or policies thus established, except that a description of provisions of any proposed standard or policy adopted by regulation which are more restrictive than applicable federal requirements, together with the reason why the more restrictive provisions are needed, shall be provided to the standing committee of each house of the General Assembly to which matters relating to the content of the standard or policy are most properly referable. The Board shall, from time to time, but at least once every three years, hold public hearings pursuant to § 2.2-4007.01 but, upon the request of an affected person or upon its own motion, hold hearings pursuant to § 2.2-4009, for the purpose of reviewing the standards of quality, and, as appropriate, adopting, modifying, or canceling such standards. Whenever the Board considers the adoption, modification, amendment, or cancellation of any standard, it shall give due consideration to, among other factors, the economic and social costs and benefits which can reasonably be expected to obtain as a consequence of the standards as adopted, modified, amended, or cancelled. The Board shall also give due consideration to the public health standards issued by the Virginia Department of Health with respect to issues of public health policy and protection. If the Board does not follow the public health standards of the Virginia Department of Health, the Board’s reason for any deviation shall be made in writing and published for any and all concerned parties.3b\n\nExcept as provided in subdivision (3a), such standards and policies are to be adopted or modified, amended, or cancelled in the manner provided by the Administrative Process Act (§ 2.2-4000 et seq.).4\n\nTo conduct or have conducted scientific experiments, investigations, studies, and research to discover methods for maintaining water quality consistent with the purposes of this chapter. To this end the Board may cooperate with any public or private agency in the conduct of such experiments, investigations, and research and may receive in behalf of the Commonwealth any moneys that any such agency may contribute as its share of the cost under any such cooperative agreement. Such moneys shall be used only for the purposes for which they are contributed and any balance remaining after the conclusion of the experiments, investigations, studies, and research, shall be returned to the contributors.5\n\nTo issue, revoke, or amend certificates and land-disturbance approvals under prescribed conditions for (a) the discharge of sewage, stormwater, industrial wastes, and other wastes into or adjacent to state waters; (b) the alteration otherwise of the physical, chemical, or biological properties of state waters; (c) excavation in a wetland; or (d) on and after October 1, 2001, the conduct of the following activities in a wetland: (i) new activities to cause draining that significantly alters or degrades existing wetland acreage or functions, (ii) filling or dumping, (iii) permanent flooding or impounding, or (iv) new activities that cause significant alteration or degradation of existing wetland acreage or functions. However, to the extent allowed by federal law, any person holding a certificate issued by the Board that is intending to upgrade the permitted facility by installing technology, control equipment, or other apparatus that the permittee demonstrates to the satisfaction of the Director will result in improved energy efficiency, reduction in the amount of nutrients discharged, and improved water quality shall not be required to obtain a new, modified, or amended permit. The permit holder shall provide the demonstration anticipated by this subdivision to the Department no later than 30 days prior to commencing construction.5a\n\nAll certificates issued by the Board under this chapter shall have fixed terms. The term of a Virginia Pollution Discharge Elimination System permit shall not exceed five years. The term of a Virginia Water Protection Permit shall be based upon the projected duration of the project, the length of any required monitoring, or other project operations or permit conditions; however, the term shall not exceed 15 years. The term of a Virginia Pollution Abatement permit shall not exceed 10 years, except that the term of a Virginia Pollution Abatement permit for confined animal feeding operations shall be 10 years. The Department of Environmental Quality shall inspect all facilities for which a Virginia Pollution Abatement permit has been issued to ensure compliance with statutory, regulatory, and permit requirements. Department personnel performing inspections of confined animal feeding operations shall be certified under the voluntary nutrient management training and certification program established in § 10.1-104.2. The term of a certificate issued by the Board shall not be extended by modification beyond the maximum duration and the certificate shall expire at the end of the term unless an application for a new permit has been timely filed as required by the regulations of the Board and the Board is unable, through no fault of the permittee, to issue a new permit before the expiration date of the previous permit.5b\n\nAny certificate or land-disturbance approval issued by the Board under this chapter may, after notice and opportunity for a hearing, be amended or revoked on any of the following grounds or for good cause as may be provided by the regulations of the Board:1\n\nThe owner has violated any regulation or order of the Board, any condition of a certificate or land-disturbance approval, any provision of this chapter, or any order of a court, where such violation results in a release of harmful substances into the environment, poses a substantial threat of release of harmful substances into the environment, causes unreasonable property degradation, or presents a hazard to human health or the violation is representative of a pattern of serious or repeated violations which, in the opinion of the Board, demonstrates the owner’s disregard for or inability to comply with applicable laws, regulations, or requirements;2\n\nThe owner has failed to disclose fully all relevant material facts or has misrepresented a material fact in applying for a certificate or land-disturbance approval, or in any other report or document required under this law or under the regulations of the Board;3\n\nThe activity for which the certificate or land-disturbance approval was issued endangers human health or the environment or causes unreasonable property degradation and can be regulated to acceptable levels or practices by amendment or revocation of the certificate or land-disturbance approval; or4\n\nThere exists a material change in the basis on which the certificate, land-disturbance approval, or permit was issued that requires either a temporary or a permanent reduction or elimination of any discharge or land-disturbing activity controlled by the certificate, land-disturbance approval, or permit necessary to protect human health or the environment or stop or prevent unreasonable degradation of property.5c\n\nAny certificate issued by the Board under this chapter relating to dredging projects governed under Chapter 12 (§ 28.2-1200 et seq.) or Chapter 13 (§ 28.2-1300 et seq.) of Title 28.2 may be conditioned upon a demonstration of financial responsibility for the completion of compensatory mitigation requirements. Financial responsibility may be demonstrated by a letter of credit, a certificate of deposit, or a performance bond executed in a form approved by the Board. If the U.S. Army Corps of Engineers requires demonstration of financial responsibility for the completion of compensatory mitigation required for a particular project, then the mechanism and amount approved by the U.S. Army Corps of Engineers shall be used to meet this requirement.6\n\nTo make investigations and inspections, to ensure compliance with the conditions of any certificates, land-disturbance approvals, standards, policies, rules, regulations, rulings, and orders that it may adopt, issue, or establish, and to furnish advice, recommendations, or instructions for the purpose of obtaining such compliance. In recognition of §§ 32.1-164 and 62.1-44.18, the Board and the State Department of Health shall enter into a memorandum of understanding establishing a common format to consolidate and simplify inspections of sewage treatment plants and coordinate the scheduling of the inspections. The new format shall ensure that all sewage treatment plants are inspected at appropriate intervals in order to protect water quality and public health and at the same time avoid any unnecessary administrative burden on those being inspected.7\n\nTo adopt rules governing the procedure of the Board with respect to (a) hearings; (b) the filing of reports; (c) the issuance of certificates and orders; and (d) all other matters relating to procedure; and to amend or cancel any rule adopted. Public notice of every rule adopted under this section shall be by such means as the Board may prescribe.8a\n\nExcept as otherwise provided in subdivision (19) and Article 2.3 (§ 62.1-44.15:24 et seq.), to issue special orders to owners, including owners as defined in § 62.1-44.15:24, who (i) are permitting or causing the pollution, as defined by § 62.1-44.3, of state waters or the unreasonable degradation of property to cease and desist from such pollution or degradation, (ii) have failed to construct facilities in accordance with final approved plans and specifications to construct such facilities in accordance with final approved plans and specifications, (iii) have violated the terms and provisions of a certificate or land-disturbance approval issued by the Board to comply with such terms and provisions, (iv) have failed to comply with a directive from the Board to comply with such directive, (v) have contravened duly adopted and promulgated water quality standards and policies to cease and desist from such contravention and to comply with such water quality standards and policies, (vi) have violated the terms and provisions of a pretreatment permit issued by the Board or by the owner of a publicly owned treatment works to comply with such terms and provisions, or (vii) have contravened any applicable pretreatment standard or requirement to comply with such standard or requirement; and also to issue such orders to require any owner to comply with the provisions of this chapter and any decision of the Board. Except as otherwise provided by a separate article, orders issued pursuant to this subdivision may include civil penalties of up to $ 32,500 per violation, not to exceed $ 100,000 per order. The Board may assess penalties under this subdivision if (a) the person has been issued at least two written notices of alleged violation by the Department for the same or substantially related violations at the same site, (b) such violations have not been resolved by demonstration that there was no violation, by an order issued by the Board or the Director, or by other means, (c) at least 130 days have passed since the issuance of the first notice of alleged violation, and (d) there is a finding that such violations have occurred after a hearing conducted in accordance with subdivision (8b). The actual amount of any penalty assessed shall be based upon the severity of the violations, the extent of any potential or actual environmental harm, the compliance history of the facility or person, any economic benefit realized from the noncompliance, and the ability of the person to pay the penalty. The Board shall provide the person with the calculation for the proposed penalty prior to any hearing conducted for the issuance of an order that assesses penalties pursuant to this subdivision. The issuance of a notice of alleged violation by the Department shall not be considered a case decision as defined in § 2.2-4001. Any notice of alleged violation shall include a description of each violation, the specific provision of law violated, and information on the process for obtaining a final decision or fact finding from the Department on whether or not a violation has occurred, and nothing in this section shall preclude an owner from seeking such a determination. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund (§ 10.1-2500 et seq.), except that civil penalties assessed for violations of Article 9 (§ 62.1-44.34:8 et seq.) or Article 11 (§ 62.1-44.34:14 et seq.) shall be paid into the Virginia Petroleum Storage Tank Fund in accordance with § 62.1-44.34:11, and except that civil penalties assessed for violations of subdivision (19) or Article 2.3 (§ 62.1-44.15:24 et seq.) shall be paid into the Stormwater Local Assistance Fund in accordance with § 62.1-44.15:29.1.8b\n\nSuch special orders are to be issued only after a hearing before a hearing officer appointed by the Supreme Court in accordance with § 2.2-4020 or, if requested by the person, before a quorum of the Board with at least 30 days’ notice to the affected owners, of the time, place, and purpose thereof, and they shall become effective not less than 15 days after service as provided in § 62.1-44.12, provided that if the Board finds that any such owner is grossly affecting or presents an imminent and substantial danger to (i) the public health, safety, or welfare, or the health of animals, fish, or aquatic life; (ii) a public water supply; or (iii) recreational, commercial, industrial, agricultural, or other reasonable uses, it may issue, without advance notice or hearing, an emergency special order directing the owner to cease such pollution or discharge immediately, and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof to the owner, to affirm, modify, amend, or cancel such emergency special order. If an owner who has been issued such a special order or an emergency special order is not complying with the terms thereof, the Board may proceed in accordance with § 62.1-44.23, and where the order is based on a finding of an imminent and substantial danger, the court shall issue an injunction compelling compliance with the emergency special order pending a hearing by the Board. If an emergency special order requires cessation of a discharge, the Board shall provide an opportunity for a hearing within 48 hours of the issuance of the injunction.8c\n\nThe provisions of this section notwithstanding, the Board may proceed directly under § 62.1-44.32 for any past violation or violations of any provision of this chapter or any regulation duly promulgated hereunder.8d\n\nExcept as otherwise provided in subdivision (19), subdivision 2 of § 62.1-44.15:25, or § 62.1-44.15:63, with the consent of any owner who has violated or failed, neglected, or refused to obey any regulation or order of the Board, any condition of a certificate, land-disturbance approval, or permit, or any provision of this chapter, the Board may provide, in an order issued by the Board against such person, for the payment of civil charges for past violations in specific sums not to exceed the limit specified in subsection (a) of § 62.1-44.32. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsection (a) of § 62.1-44.32 and shall not be subject to the provisions of § 2.2-514. Such civil charges shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund (§ 10.1-2500 et seq.), excluding civil charges assessed for violations of Article 9 (§ 62.1-44.34:8 et seq.) or 10 (§ 62.1-44.34:10 et seq.) of Chapter 3.1, or a regulation, administrative or judicial order, or term or condition of approval relating to or issued under those articles, or civil charges assessed for violations of Article 2.3 (§ 62.1-44.15:24 et seq.) or 2.5 (§ 62.1-44.15:67 et seq.) or a regulation, administrative or judicial order, or term or condition of approval relating to or issued under Article 2.3 or 2.5.\n\t\t\t\tThe amendments to this section adopted by the 1976 Session of the General Assembly shall not be construed as limiting or expanding any cause of action or any other remedy possessed by the Board prior to the effective date of said amendments.8e\n\nThe Board shall develop and provide an opportunity for public comment on guidelines and procedures that contain specific criteria for calculating the appropriate penalty for each violation based upon the severity of the violations, the extent of any potential or actual environmental harm, the compliance history of the facility or person, any economic benefit realized from the noncompliance, and the ability of the person to pay the penalty.8f\n\nBefore issuing a special order under subdivision (8a) or by consent under (8d), with or without an assessment of a civil penalty, to an owner of a sewerage system requiring corrective action to prevent or minimize overflows of sewage from such system, the Board shall provide public notice of and reasonable opportunity to comment on the proposed order. Any such order under subdivision (8d) may impose civil penalties in amounts up to the maximum amount authorized in § 309(g) of the Clean Water Act. Any person who comments on the proposed order shall be given notice of any hearing to be held on the terms of the order. In any hearing held, such person shall have a reasonable opportunity to be heard and to present evidence. If no hearing is held before issuance of an order under subdivision (8d), any person who commented on the proposed order may file a petition, within 30 days after the issuance of such order, requesting the Board to set aside such order and provide a formal hearing thereon. If the evidence presented by the petitioner in support of the petition is material and was not considered in the issuance of the order, the Board shall immediately set aside the order, provide a formal hearing, and make such petitioner a party. If the Board denies the petition, the Board shall provide notice to the petitioner and make available to the public the reasons for such denial, and the petitioner shall have the right to judicial review of such decision under § 62.1-44.29 if he meets the requirements thereof.8g\n\nTo issue special orders for violations of this chapter to persons constructing or operating any natural gas transmission pipeline greater than 36 inches inside diameter. An order issued pursuant to this subdivision may include a civil penalty of up to $50,000 per violation, not to exceed $500,000 per order. The Board may assess a penalty under this subdivision if (i) the person has been issued at least two written notices of alleged violation by the Department for violations involving the same pipeline; (ii) such violations have not been resolved by a demonstration that there was no violation, by an order issued by the Board or the Director, including an order pursuant to subdivision (8d), or by other means; and (iii) there is a finding that such violation occurred after a hearing was conducted (a) before a hearing officer appointed by the Supreme Court, (b) in accordance with § 2.2-4020, and (c) with at least 30 days’ notice to such person of the time, place, and purpose thereof. Such order shall become effective not less than 15 days after service as provided in § 62.1-44.12. The actual amount of any penalty assessed shall be based upon the severity of the violation, the extent of any potential or actual environmental harm, the compliance history of the person, any economic benefit realized from the noncompliance, and the ability of the person to pay the penalty. The Board shall provide the person with the calculation for the proposed penalty prior to any hearing conducted for the issuance of an order that assesses penalties pursuant to this subdivision. The issuance of a notice of alleged violation by the Department shall not be a case decision as defined in § 2.2-4001. Any notice of alleged violation shall include a description of each violation, the specific provision of law violated, and information on the process for obtaining a final decision or fact-finding from the Department on whether or not a violation has occurred, and nothing in this subdivision shall preclude a person from seeking such a determination. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund (§ 10.1-2500 et seq.), except that civil penalties assessed for violations of Article 2.3 (§ 62.1-44.15:24 et seq.) or 2.4 (§ 62.1-44.15:51 et seq.) shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Stormwater Management Fund (§ 62.1-44.15:29).9\n\nTo make such rulings under §§ 62.1-44.16, 62.1-44.17, and 62.1-44.19 as may be required upon requests or applications to the Board, the owner or owners affected to be notified by certified mail as soon as practicable after the Board makes them and such rulings to become effective upon such notification.10\n\nTo adopt such regulations as it deems necessary to enforce the general soil erosion control and stormwater management program and water quality management program of the Board in all or part of the Commonwealth, except that a description of provisions of any proposed regulation which are more restrictive than applicable federal requirements, together with the reason why the more restrictive provisions are needed, shall be provided to the standing committee of each house of the General Assembly to which matters relating to the content of the regulation are most properly referable.11\n\nTo investigate any large-scale killing of fish.a\n\nWhenever the Board shall determine that any owner, whether or not he shall have been issued a certificate for discharge of waste, has discharged sewage, industrial waste, or other waste into state waters in such quantity, concentration, or manner that fish are killed as a result thereof, it may effect such settlement with the owner as will cover the costs incurred by the Board and by the Department of Wildlife Resources in investigating such killing of fish, plus the replacement value of the fish destroyed, or as it deems proper, and if no such settlement is reached within a reasonable time, the Board shall authorize its executive secretary to bring a civil action in the name of the Board to recover from the owner such costs and value, plus any court or other legal costs incurred in connection with such action.b\n\nIf the owner is a political subdivision of the Commonwealth, the action may be brought in any circuit court within the territory embraced by such political subdivision. If the owner is an establishment, as defined in this chapter, the action shall be brought in the circuit court of the city or the circuit court of the county in which such establishment is located. If the owner is an individual or group of individuals, the action shall be brought in the circuit court of the city or circuit court of the county in which such person or any of them reside.c\n\nFor the purposes of this subdivision 11, the State Water Control Board shall be deemed the owner of the fish killed and the proceedings shall be as though the State Water Control Board were the owner of the fish. The fact that the owner has or held a certificate issued under this chapter shall not be raised as a defense in bar to any such action.d\n\nThe proceeds of any recovery had under this subdivision 11 shall, when received by the Board, be applied, first, to reimburse the Board for any expenses incurred in investigating such killing of fish. The balance shall be paid to the Board of Wildlife Resources to be used for the fisheries’ management practices as in its judgment will best restore or replace the fisheries’ values lost as a result of such discharge of waste, including, where appropriate, replacement of the fish killed with game fish or other appropriate species. Any such funds received are hereby appropriated for that purpose.e\n\nNothing in this subdivision 11 shall be construed in any way to limit or prevent any other action which is now authorized by law by the Board against any owner.f\n\nNotwithstanding the foregoing, the provisions of this subdivision 11 shall not apply to any owner who adds or applies any chemicals or other substances that are recommended or approved by the State Department of Health to state waters in the course of processing or treating such waters for public water supply purposes, except where negligence is shown.12\n\nTo administer programs of financial assistance for planning, construction, operation, and maintenance of water quality control facilities for political subdivisions in the Commonwealth.13\n\nTo establish policies and programs for effective area-wide or basin-wide water quality control and management. The Board may develop comprehensive pollution abatement and water quality control plans on an area-wide or basin-wide basis. In conjunction with this, the Board, when considering proposals for waste treatment facilities, is to consider the feasibility of combined or joint treatment facilities and is to ensure that the approval of waste treatment facilities is in accordance with the water quality management and pollution control plan in the watershed or basin as a whole. In making such determinations, the Board is to seek the advice of local, regional, or state planning authorities.14\n\nTo establish requirements for the treatment of sewage, industrial wastes, and other wastes that are consistent with the purposes of this chapter; however, no treatment shall be less than secondary or its equivalent, unless the owner can demonstrate that a lesser degree of treatment is consistent with the purposes of this chapter.15\n\nTo promote and establish requirements for the reclamation and reuse of wastewater that are protective of state waters and public health as an alternative to directly discharging pollutants into waters of the state. The requirements shall address various potential categories of reuse and may include general permits and provide for greater flexibility and less stringent requirements commensurate with the quality of the reclaimed water and its intended use. The requirements shall be developed in consultation with the Department of Health and other appropriate state agencies. This authority shall not be construed as conferring upon the Board any power or duty duplicative of those of the State Board of Health.16\n\nTo establish and implement policies and programs to protect and enhance the Commonwealth’s wetland resources. Regulatory programs shall be designed to achieve no net loss of existing wetland acreage and functions. Voluntary and incentive-based programs shall be developed to achieve a net resource gain in acreage and functions of wetlands. The Board shall seek and obtain advice and guidance from the Virginia Institute of Marine Science in implementing these policies and programs.17\n\nTo establish additional procedures for obtaining a Virginia Water Protection Permit pursuant to §§ 62.1-44.15:20 and 62.1-44.15:22 for a proposed water withdrawal involving the transfer of water resources between major river basins within the Commonwealth that may impact water basins in another state. Such additional procedures shall not apply to any water withdrawal in existence as of July 1, 2012, except where the expansion of such withdrawal requires a permit under §§ 62.1-44.15:20 and 62.1-44.15:22, in which event such additional procedures may apply to the extent of the expanded withdrawal only. The applicant shall provide as part of the application (i) an analysis of alternatives to such a transfer, (ii) a comprehensive analysis of the impacts that would occur in the source and receiving basins, (iii) a description of measures to mitigate any adverse impacts that may arise, (iv) a description of how notice shall be provided to interested parties, and (v) any other requirements that the Board may adopt that are consistent with the provisions of this section and §§ 62.1-44.15:20 and 62.1-44.15:22 or regulations adopted thereunder. This subdivision shall not be construed as limiting or expanding the Board’s authority under §§ 62.1-44.15:20 and 62.1-44.15:22 to issue permits and impose conditions or limitations on the permitted activity.18\n\nTo be the lead agency for the Commonwealth’s nonpoint source pollution management program, including coordination of the nonpoint source control elements of programs developed pursuant to certain state and federal laws, including § 319 of the federal Clean Water Act and § 6217 of the federal Coastal Zone Management Act. Further responsibilities include the adoption of regulations necessary to implement a nonpoint source pollution management program in the Commonwealth, the distribution of assigned funds, the identification and establishment of priorities to address nonpoint source related water quality problems, the administration of the Statewide Nonpoint Source Advisory Committee, and the development of a program for the prevention and control of soil erosion, sediment deposition, and nonagricultural runoff to conserve Virginia’s natural resources.19\n\nTo review for compliance with the provisions of this chapter the Virginia Erosion and Stormwater Management Programs adopted by localities pursuant to § 62.1-44.15:27, the Virginia Erosion and Sediment Control Programs adopted by localities pursuant to subdivision B 3 of § 62.1-44.15:27, and the programs adopted by localities pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.). The Board shall develop and implement a schedule for conducting such program reviews as often as necessary but at least once every five years. Following the completion of a compliance review in which deficiencies are found, the Board shall establish a schedule for the locality to follow in correcting the deficiencies and bringing its program into compliance. If the locality fails to bring its program into compliance in accordance with the compliance schedule, then the Board is authorized to (i) issue a special order to any locality imposing a civil penalty not to exceed $ 5,000 per violation with the maximum amount not to exceed $ 50,000 per order for noncompliance with the state program, to be paid into the state treasury and deposited in the Stormwater Local Assistance Fund established in § 62.1-44.15:29.1 or (ii) with the consent of the locality, provide in an order issued against the locality for the payment of civil charges for violations in lieu of civil penalties, in specific sums not to exceed the limit stated in this subdivision. Such civil charges shall be in lieu of any appropriate civil penalty that could be imposed under subsection (a) of § 62.1-44.32 and shall not be subject to the provisions of § 2.2-514. The Board shall not delegate to the Department its authority to issue special orders pursuant to clause (i). In lieu of issuing an order, the Board is authorized to take legal action against a locality pursuant to § 62.1-44.23 to ensure compliance.","order_by":null,"text":{"0":{"id":205217,"text":"It shall be the duty of the Board and it shall have the authority:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":205218,"text":"[Repealed.]","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":205219,"text":"To study and investigate all problems concerned with the quality of state waters and to make reports and recommendations.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"22a"},"3":{"id":205220,"text":"To study and investigate methods, procedures, devices, appliances, and technologies that could assist in water conservation or water consumption reduction.","type":"section","prefixes":["2","2a"],"prefix":"2a","entire_prefix":"22a","prefix_anchor":"22a","level":2,"prior_prefix":"2","next_prefix":"22b"},"4":{"id":205221,"text":"To coordinate its efforts toward water conservation with other persons or groups, within or without the Commonwealth.","type":"section","prefixes":["2","2b"],"prefix":"2b","entire_prefix":"22b","prefix_anchor":"22b","level":2,"prior_prefix":"22a","next_prefix":"22c"},"5":{"id":205222,"text":"To make reports concerning, and formulate recommendations based upon, any such water conservation studies to ensure that present and future water needs of the citizens of the Commonwealth are met.","type":"section","prefixes":["2","2c"],"prefix":"2c","entire_prefix":"22c","prefix_anchor":"22c","level":2,"prior_prefix":"22b","next_prefix":"23a"},"6":{"id":205223,"text":"To establish such standards of quality and policies for any state waters consistent with the general policy set forth in this chapter, and to modify, amend, or cancel any such standards or policies established and to take all appropriate steps to prevent quality alteration contrary to the public interest or to standards or policies thus established, except that a description of provisions of any proposed standard or policy adopted by regulation which are more restrictive than applicable federal requirements, together with the reason why the more restrictive provisions are needed, shall be provided to the standing committee of each house of the General Assembly to which matters relating to the content of the standard or policy are most properly referable. The Board shall, from time to time, but at least once every three years, hold public hearings pursuant to § 2.2-4007.01 but, upon the request of an affected person or upon its own motion, hold hearings pursuant to § 2.2-4009, for the purpose of reviewing the standards of quality, and, as appropriate, adopting, modifying, or canceling such standards. Whenever the Board considers the adoption, modification, amendment, or cancellation of any standard, it shall give due consideration to, among other factors, the economic and social costs and benefits which can reasonably be expected to obtain as a consequence of the standards as adopted, modified, amended, or cancelled. The Board shall also give due consideration to the public health standards issued by the Virginia Department of Health with respect to issues of public health policy and protection. If the Board does not follow the public health standards of the Virginia Department of Health, the Board’s reason for any deviation shall be made in writing and published for any and all concerned parties.","type":"section","prefixes":["2","3a"],"prefix":"3a","entire_prefix":"23a","prefix_anchor":"23a","level":2,"prior_prefix":"22c","next_prefix":"23b"},"7":{"id":205224,"text":"Except as provided in subdivision (3a), such standards and policies are to be adopted or modified, amended, or cancelled in the manner provided by the Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["2","3b"],"prefix":"3b","entire_prefix":"23b","prefix_anchor":"23b","level":2,"prior_prefix":"23a","next_prefix":"4"},"8":{"id":205225,"text":"To conduct or have conducted scientific experiments, investigations, studies, and research to discover methods for maintaining water quality consistent with the purposes of this chapter. To this end the Board may cooperate with any public or private agency in the conduct of such experiments, investigations, and research and may receive in behalf of the Commonwealth any moneys that any such agency may contribute as its share of the cost under any such cooperative agreement. Such moneys shall be used only for the purposes for which they are contributed and any balance remaining after the conclusion of the experiments, investigations, studies, and research, shall be returned to the contributors.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"23b","next_prefix":"5"},"9":{"id":205226,"text":"To issue, revoke, or amend certificates and land-disturbance approvals under prescribed conditions for (a) the discharge of sewage, stormwater, industrial wastes, and other wastes into or adjacent to state waters; (b) the alteration otherwise of the physical, chemical, or biological properties of state waters; (c) excavation in a wetland; or (d) on and after October 1, 2001, the conduct of the following activities in a wetland: (i) new activities to cause draining that significantly alters or degrades existing wetland acreage or functions, (ii) filling or dumping, (iii) permanent flooding or impounding, or (iv) new activities that cause significant alteration or degradation of existing wetland acreage or functions. However, to the extent allowed by federal law, any person holding a certificate issued by the Board that is intending to upgrade the permitted facility by installing technology, control equipment, or other apparatus that the permittee demonstrates to the satisfaction of the Director will result in improved energy efficiency, reduction in the amount of nutrients discharged, and improved water quality shall not be required to obtain a new, modified, or amended permit. The permit holder shall provide the demonstration anticipated by this subdivision to the Department no later than 30 days prior to commencing construction.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"55a"},"10":{"id":205227,"text":"All certificates issued by the Board under this chapter shall have fixed terms. The term of a Virginia Pollution Discharge Elimination System permit shall not exceed five years. The term of a Virginia Water Protection Permit shall be based upon the projected duration of the project, the length of any required monitoring, or other project operations or permit conditions; however, the term shall not exceed 15 years. The term of a Virginia Pollution Abatement permit shall not exceed 10 years, except that the term of a Virginia Pollution Abatement permit for confined animal feeding operations shall be 10 years. The Department of Environmental Quality shall inspect all facilities for which a Virginia Pollution Abatement permit has been issued to ensure compliance with statutory, regulatory, and permit requirements. Department personnel performing inspections of confined animal feeding operations shall be certified under the voluntary nutrient management training and certification program established in § 10.1-104.2. The term of a certificate issued by the Board shall not be extended by modification beyond the maximum duration and the certificate shall expire at the end of the term unless an application for a new permit has been timely filed as required by the regulations of the Board and the Board is unable, through no fault of the permittee, to issue a new permit before the expiration date of the previous permit.","type":"section","prefixes":["5","5a"],"prefix":"5a","entire_prefix":"55a","prefix_anchor":"55a","level":2,"prior_prefix":"5","next_prefix":"55b"},"11":{"id":205228,"text":"Any certificate or land-disturbance approval issued by the Board under this chapter may, after notice and opportunity for a hearing, be amended or revoked on any of the following grounds or for good cause as may be provided by the regulations of the Board:","type":"section","prefixes":["5","5b"],"prefix":"5b","entire_prefix":"55b","prefix_anchor":"55b","level":2,"prior_prefix":"55a","next_prefix":"55b1"},"12":{"id":205229,"text":"The owner has violated any regulation or order of the Board, any condition of a certificate or land-disturbance approval, any provision of this chapter, or any order of a court, where such violation results in a release of harmful substances into the environment, poses a substantial threat of release of harmful substances into the environment, causes unreasonable property degradation, or presents a hazard to human health or the violation is representative of a pattern of serious or repeated violations which, in the opinion of the Board, demonstrates the owner’s disregard for or inability to comply with applicable laws, regulations, or requirements;","type":"section","prefixes":["5","5b","1"],"prefix":"1","entire_prefix":"55b1","prefix_anchor":"55b1","level":3,"prior_prefix":"55b","next_prefix":"55b2"},"13":{"id":205230,"text":"The owner has failed to disclose fully all relevant material facts or has misrepresented a material fact in applying for a certificate or land-disturbance approval, or in any other report or document required under this law or under the regulations of the Board;","type":"section","prefixes":["5","5b","2"],"prefix":"2","entire_prefix":"55b2","prefix_anchor":"55b2","level":3,"prior_prefix":"55b1","next_prefix":"55b3"},"14":{"id":205231,"text":"The activity for which the certificate or land-disturbance approval was issued endangers human health or the environment or causes unreasonable property degradation and can be regulated to acceptable levels or practices by amendment or revocation of the certificate or land-disturbance approval; or","type":"section","prefixes":["5","5b","3"],"prefix":"3","entire_prefix":"55b3","prefix_anchor":"55b3","level":3,"prior_prefix":"55b2","next_prefix":"55b4"},"15":{"id":205232,"text":"There exists a material change in the basis on which the certificate, land-disturbance approval, or permit was issued that requires either a temporary or a permanent reduction or elimination of any discharge or land-disturbing activity controlled by the certificate, land-disturbance approval, or permit necessary to protect human health or the environment or stop or prevent unreasonable degradation of property.","type":"section","prefixes":["5","5b","4"],"prefix":"4","entire_prefix":"55b4","prefix_anchor":"55b4","level":3,"prior_prefix":"55b3","next_prefix":"55c"},"16":{"id":205233,"text":"Any certificate issued by the Board under this chapter relating to dredging projects governed under Chapter 12 (§ 28.2-1200 et seq.) or Chapter 13 (§ 28.2-1300 et seq.) of Title 28.2 may be conditioned upon a demonstration of financial responsibility for the completion of compensatory mitigation requirements. Financial responsibility may be demonstrated by a letter of credit, a certificate of deposit, or a performance bond executed in a form approved by the Board. If the U.S. Army Corps of Engineers requires demonstration of financial responsibility for the completion of compensatory mitigation required for a particular project, then the mechanism and amount approved by the U.S. Army Corps of Engineers shall be used to meet this requirement.","type":"section","prefixes":["5","5c"],"prefix":"5c","entire_prefix":"55c","prefix_anchor":"55c","level":2,"prior_prefix":"55b4","next_prefix":"6"},"17":{"id":205234,"text":"To make investigations and inspections, to ensure compliance with the conditions of any certificates, land-disturbance approvals, standards, policies, rules, regulations, rulings, and orders that it may adopt, issue, or establish, and to furnish advice, recommendations, or instructions for the purpose of obtaining such compliance. In recognition of §§ 32.1-164 and 62.1-44.18, the Board and the State Department of Health shall enter into a memorandum of understanding establishing a common format to consolidate and simplify inspections of sewage treatment plants and coordinate the scheduling of the inspections. The new format shall ensure that all sewage treatment plants are inspected at appropriate intervals in order to protect water quality and public health and at the same time avoid any unnecessary administrative burden on those being inspected.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"55c","next_prefix":"7"},"18":{"id":205235,"text":"To adopt rules governing the procedure of the Board with respect to (a) hearings; (b) the filing of reports; (c) the issuance of certificates and orders; and (d) all other matters relating to procedure; and to amend or cancel any rule adopted. Public notice of every rule adopted under this section shall be by such means as the Board may prescribe.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"78a"},"19":{"id":205236,"text":"Except as otherwise provided in subdivision (19) and Article 2.3 (§ 62.1-44.15:24 et seq.), to issue special orders to owners, including owners as defined in § 62.1-44.15:24, who (i) are permitting or causing the pollution, as defined by § 62.1-44.3, of state waters or the unreasonable degradation of property to cease and desist from such pollution or degradation, (ii) have failed to construct facilities in accordance with final approved plans and specifications to construct such facilities in accordance with final approved plans and specifications, (iii) have violated the terms and provisions of a certificate or land-disturbance approval issued by the Board to comply with such terms and provisions, (iv) have failed to comply with a directive from the Board to comply with such directive, (v) have contravened duly adopted and promulgated water quality standards and policies to cease and desist from such contravention and to comply with such water quality standards and policies, (vi) have violated the terms and provisions of a pretreatment permit issued by the Board or by the owner of a publicly owned treatment works to comply with such terms and provisions, or (vii) have contravened any applicable pretreatment standard or requirement to comply with such standard or requirement; and also to issue such orders to require any owner to comply with the provisions of this chapter and any decision of the Board. Except as otherwise provided by a separate article, orders issued pursuant to this subdivision may include civil penalties of up to $ 32,500 per violation, not to exceed $ 100,000 per order. The Board may assess penalties under this subdivision if (a) the person has been issued at least two written notices of alleged violation by the Department for the same or substantially related violations at the same site, (b) such violations have not been resolved by demonstration that there was no violation, by an order issued by the Board or the Director, or by other means, (c) at least 130 days have passed since the issuance of the first notice of alleged violation, and (d) there is a finding that such violations have occurred after a hearing conducted in accordance with subdivision (8b). The actual amount of any penalty assessed shall be based upon the severity of the violations, the extent of any potential or actual environmental harm, the compliance history of the facility or person, any economic benefit realized from the noncompliance, and the ability of the person to pay the penalty. The Board shall provide the person with the calculation for the proposed penalty prior to any hearing conducted for the issuance of an order that assesses penalties pursuant to this subdivision. The issuance of a notice of alleged violation by the Department shall not be considered a case decision as defined in § 2.2-4001. Any notice of alleged violation shall include a description of each violation, the specific provision of law violated, and information on the process for obtaining a final decision or fact finding from the Department on whether or not a violation has occurred, and nothing in this section shall preclude an owner from seeking such a determination. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund (§ 10.1-2500 et seq.), except that civil penalties assessed for violations of Article 9 (§ 62.1-44.34:8 et seq.) or Article 11 (§ 62.1-44.34:14 et seq.) shall be paid into the Virginia Petroleum Storage Tank Fund in accordance with § 62.1-44.34:11, and except that civil penalties assessed for violations of subdivision (19) or Article 2.3 (§ 62.1-44.15:24 et seq.) shall be paid into the Stormwater Local Assistance Fund in accordance with § 62.1-44.15:29.1.","type":"section","prefixes":["7","8a"],"prefix":"8a","entire_prefix":"78a","prefix_anchor":"78a","level":2,"prior_prefix":"7","next_prefix":"78b"},"20":{"id":205237,"text":"Such special orders are to be issued only after a hearing before a hearing officer appointed by the Supreme Court in accordance with § 2.2-4020 or, if requested by the person, before a quorum of the Board with at least 30 days’ notice to the affected owners, of the time, place, and purpose thereof, and they shall become effective not less than 15 days after service as provided in § 62.1-44.12, provided that if the Board finds that any such owner is grossly affecting or presents an imminent and substantial danger to (i) the public health, safety, or welfare, or the health of animals, fish, or aquatic life; (ii) a public water supply; or (iii) recreational, commercial, industrial, agricultural, or other reasonable uses, it may issue, without advance notice or hearing, an emergency special order directing the owner to cease such pollution or discharge immediately, and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof to the owner, to affirm, modify, amend, or cancel such emergency special order. If an owner who has been issued such a special order or an emergency special order is not complying with the terms thereof, the Board may proceed in accordance with § 62.1-44.23, and where the order is based on a finding of an imminent and substantial danger, the court shall issue an injunction compelling compliance with the emergency special order pending a hearing by the Board. If an emergency special order requires cessation of a discharge, the Board shall provide an opportunity for a hearing within 48 hours of the issuance of the injunction.","type":"section","prefixes":["7","8b"],"prefix":"8b","entire_prefix":"78b","prefix_anchor":"78b","level":2,"prior_prefix":"78a","next_prefix":"78c"},"21":{"id":205238,"text":"The provisions of this section notwithstanding, the Board may proceed directly under § 62.1-44.32 for any past violation or violations of any provision of this chapter or any regulation duly promulgated hereunder.","type":"section","prefixes":["7","8c"],"prefix":"8c","entire_prefix":"78c","prefix_anchor":"78c","level":2,"prior_prefix":"78b","next_prefix":"78d"},"22":{"id":205239,"text":"Except as otherwise provided in subdivision (19), subdivision 2 of § 62.1-44.15:25, or § 62.1-44.15:63, with the consent of any owner who has violated or failed, neglected, or refused to obey any regulation or order of the Board, any condition of a certificate, land-disturbance approval, or permit, or any provision of this chapter, the Board may provide, in an order issued by the Board against such person, for the payment of civil charges for past violations in specific sums not to exceed the limit specified in subsection (a) of § 62.1-44.32. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsection (a) of § 62.1-44.32 and shall not be subject to the provisions of § 2.2-514. Such civil charges shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund (§ 10.1-2500 et seq.), excluding civil charges assessed for violations of Article 9 (§ 62.1-44.34:8 et seq.) or 10 (§ 62.1-44.34:10 et seq.) of Chapter 3.1, or a regulation, administrative or judicial order, or term or condition of approval relating to or issued under those articles, or civil charges assessed for violations of Article 2.3 (§ 62.1-44.15:24 et seq.) or 2.5 (§ 62.1-44.15:67 et seq.) or a regulation, administrative or judicial order, or term or condition of approval relating to or issued under Article 2.3 or 2.5.\n\t\t\t\tThe amendments to this section adopted by the 1976 Session of the General Assembly shall not be construed as limiting or expanding any cause of action or any other remedy possessed by the Board prior to the effective date of said amendments.","type":"section","prefixes":["7","8d"],"prefix":"8d","entire_prefix":"78d","prefix_anchor":"78d","level":2,"prior_prefix":"78c","next_prefix":"78e"},"23":{"id":205240,"text":"The Board shall develop and provide an opportunity for public comment on guidelines and procedures that contain specific criteria for calculating the appropriate penalty for each violation based upon the severity of the violations, the extent of any potential or actual environmental harm, the compliance history of the facility or person, any economic benefit realized from the noncompliance, and the ability of the person to pay the penalty.","type":"section","prefixes":["7","8e"],"prefix":"8e","entire_prefix":"78e","prefix_anchor":"78e","level":2,"prior_prefix":"78d","next_prefix":"78f"},"24":{"id":205241,"text":"Before issuing a special order under subdivision (8a) or by consent under (8d), with or without an assessment of a civil penalty, to an owner of a sewerage system requiring corrective action to prevent or minimize overflows of sewage from such system, the Board shall provide public notice of and reasonable opportunity to comment on the proposed order. Any such order under subdivision (8d) may impose civil penalties in amounts up to the maximum amount authorized in § 309(g) of the Clean Water Act. Any person who comments on the proposed order shall be given notice of any hearing to be held on the terms of the order. In any hearing held, such person shall have a reasonable opportunity to be heard and to present evidence. If no hearing is held before issuance of an order under subdivision (8d), any person who commented on the proposed order may file a petition, within 30 days after the issuance of such order, requesting the Board to set aside such order and provide a formal hearing thereon. If the evidence presented by the petitioner in support of the petition is material and was not considered in the issuance of the order, the Board shall immediately set aside the order, provide a formal hearing, and make such petitioner a party. If the Board denies the petition, the Board shall provide notice to the petitioner and make available to the public the reasons for such denial, and the petitioner shall have the right to judicial review of such decision under § 62.1-44.29 if he meets the requirements thereof.","type":"section","prefixes":["7","8f"],"prefix":"8f","entire_prefix":"78f","prefix_anchor":"78f","level":2,"prior_prefix":"78e","next_prefix":"78g"},"25":{"id":205242,"text":"To issue special orders for violations of this chapter to persons constructing or operating any natural gas transmission pipeline greater than 36 inches inside diameter. An order issued pursuant to this subdivision may include a civil penalty of up to $50,000 per violation, not to exceed $500,000 per order. The Board may assess a penalty under this subdivision if (i) the person has been issued at least two written notices of alleged violation by the Department for violations involving the same pipeline; (ii) such violations have not been resolved by a demonstration that there was no violation, by an order issued by the Board or the Director, including an order pursuant to subdivision (8d), or by other means; and (iii) there is a finding that such violation occurred after a hearing was conducted (a) before a hearing officer appointed by the Supreme Court, (b) in accordance with § 2.2-4020, and (c) with at least 30 days’ notice to such person of the time, place, and purpose thereof. Such order shall become effective not less than 15 days after service as provided in § 62.1-44.12. The actual amount of any penalty assessed shall be based upon the severity of the violation, the extent of any potential or actual environmental harm, the compliance history of the person, any economic benefit realized from the noncompliance, and the ability of the person to pay the penalty. The Board shall provide the person with the calculation for the proposed penalty prior to any hearing conducted for the issuance of an order that assesses penalties pursuant to this subdivision. The issuance of a notice of alleged violation by the Department shall not be a case decision as defined in § 2.2-4001. Any notice of alleged violation shall include a description of each violation, the specific provision of law violated, and information on the process for obtaining a final decision or fact-finding from the Department on whether or not a violation has occurred, and nothing in this subdivision shall preclude a person from seeking such a determination. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund (§ 10.1-2500 et seq.), except that civil penalties assessed for violations of Article 2.3 (§ 62.1-44.15:24 et seq.) or 2.4 (§ 62.1-44.15:51 et seq.) shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Stormwater Management Fund (§ 62.1-44.15:29).","type":"section","prefixes":["7","8g"],"prefix":"8g","entire_prefix":"78g","prefix_anchor":"78g","level":2,"prior_prefix":"78f","next_prefix":"9"},"26":{"id":205243,"text":"To make such rulings under §§ 62.1-44.16, 62.1-44.17, and 62.1-44.19 as may be required upon requests or applications to the Board, the owner or owners affected to be notified by certified mail as soon as practicable after the Board makes them and such rulings to become effective upon such notification.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"78g","next_prefix":"10"},"27":{"id":205244,"text":"To adopt such regulations as it deems necessary to enforce the general soil erosion control and stormwater management program and water quality management program of the Board in all or part of the Commonwealth, except that a description of provisions of any proposed regulation which are more restrictive than applicable federal requirements, together with the reason why the more restrictive provisions are needed, shall be provided to the standing committee of each house of the General Assembly to which matters relating to the content of the regulation are most properly referable.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"28":{"id":205245,"text":"To investigate any large-scale killing of fish.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"11a"},"29":{"id":205246,"text":"Whenever the Board shall determine that any owner, whether or not he shall have been issued a certificate for discharge of waste, has discharged sewage, industrial waste, or other waste into state waters in such quantity, concentration, or manner that fish are killed as a result thereof, it may effect such settlement with the owner as will cover the costs incurred by the Board and by the Department of Wildlife Resources in investigating such killing of fish, plus the replacement value of the fish destroyed, or as it deems proper, and if no such settlement is reached within a reasonable time, the Board shall authorize its executive secretary to bring a civil action in the name of the Board to recover from the owner such costs and value, plus any court or other legal costs incurred in connection with such action.","type":"section","prefixes":["11","a"],"prefix":"a","entire_prefix":"11a","prefix_anchor":"11a","level":2,"prior_prefix":"11","next_prefix":"11b"},"30":{"id":205247,"text":"If the owner is a political subdivision of the Commonwealth, the action may be brought in any circuit court within the territory embraced by such political subdivision. If the owner is an establishment, as defined in this chapter, the action shall be brought in the circuit court of the city or the circuit court of the county in which such establishment is located. If the owner is an individual or group of individuals, the action shall be brought in the circuit court of the city or circuit court of the county in which such person or any of them reside.","type":"section","prefixes":["11","b"],"prefix":"b","entire_prefix":"11b","prefix_anchor":"11b","level":2,"prior_prefix":"11a","next_prefix":"11c"},"31":{"id":205248,"text":"For the purposes of this subdivision 11, the State Water Control Board shall be deemed the owner of the fish killed and the proceedings shall be as though the State Water Control Board were the owner of the fish. The fact that the owner has or held a certificate issued under this chapter shall not be raised as a defense in bar to any such action.","type":"section","prefixes":["11","c"],"prefix":"c","entire_prefix":"11c","prefix_anchor":"11c","level":2,"prior_prefix":"11b","next_prefix":"11d"},"32":{"id":205249,"text":"The proceeds of any recovery had under this subdivision 11 shall, when received by the Board, be applied, first, to reimburse the Board for any expenses incurred in investigating such killing of fish. The balance shall be paid to the Board of Wildlife Resources to be used for the fisheries’ management practices as in its judgment will best restore or replace the fisheries’ values lost as a result of such discharge of waste, including, where appropriate, replacement of the fish killed with game fish or other appropriate species. Any such funds received are hereby appropriated for that purpose.","type":"section","prefixes":["11","d"],"prefix":"d","entire_prefix":"11d","prefix_anchor":"11d","level":2,"prior_prefix":"11c","next_prefix":"11e"},"33":{"id":205250,"text":"Nothing in this subdivision 11 shall be construed in any way to limit or prevent any other action which is now authorized by law by the Board against any owner.","type":"section","prefixes":["11","e"],"prefix":"e","entire_prefix":"11e","prefix_anchor":"11e","level":2,"prior_prefix":"11d","next_prefix":"11f"},"34":{"id":205251,"text":"Notwithstanding the foregoing, the provisions of this subdivision 11 shall not apply to any owner who adds or applies any chemicals or other substances that are recommended or approved by the State Department of Health to state waters in the course of processing or treating such waters for public water supply purposes, except where negligence is shown.","type":"section","prefixes":["11","f"],"prefix":"f","entire_prefix":"11f","prefix_anchor":"11f","level":2,"prior_prefix":"11e","next_prefix":"12"},"35":{"id":205252,"text":"To administer programs of financial assistance for planning, construction, operation, and maintenance of water quality control facilities for political subdivisions in the Commonwealth.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11f","next_prefix":"13"},"36":{"id":205253,"text":"To establish policies and programs for effective area-wide or basin-wide water quality control and management. The Board may develop comprehensive pollution abatement and water quality control plans on an area-wide or basin-wide basis. In conjunction with this, the Board, when considering proposals for waste treatment facilities, is to consider the feasibility of combined or joint treatment facilities and is to ensure that the approval of waste treatment facilities is in accordance with the water quality management and pollution control plan in the watershed or basin as a whole. In making such determinations, the Board is to seek the advice of local, regional, or state planning authorities.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"37":{"id":205254,"text":"To establish requirements for the treatment of sewage, industrial wastes, and other wastes that are consistent with the purposes of this chapter; however, no treatment shall be less than secondary or its equivalent, unless the owner can demonstrate that a lesser degree of treatment is consistent with the purposes of this chapter.","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13","next_prefix":"15"},"38":{"id":205255,"text":"To promote and establish requirements for the reclamation and reuse of wastewater that are protective of state waters and public health as an alternative to directly discharging pollutants into waters of the state. The requirements shall address various potential categories of reuse and may include general permits and provide for greater flexibility and less stringent requirements commensurate with the quality of the reclaimed water and its intended use. The requirements shall be developed in consultation with the Department of Health and other appropriate state agencies. This authority shall not be construed as conferring upon the Board any power or duty duplicative of those of the State Board of Health.","type":"section","prefixes":["15"],"prefix":"15","entire_prefix":"15","prefix_anchor":"15","level":1,"prior_prefix":"14","next_prefix":"16"},"39":{"id":205256,"text":"To establish and implement policies and programs to protect and enhance the Commonwealth’s wetland resources. Regulatory programs shall be designed to achieve no net loss of existing wetland acreage and functions. Voluntary and incentive-based programs shall be developed to achieve a net resource gain in acreage and functions of wetlands. The Board shall seek and obtain advice and guidance from the Virginia Institute of Marine Science in implementing these policies and programs.","type":"section","prefixes":["16"],"prefix":"16","entire_prefix":"16","prefix_anchor":"16","level":1,"prior_prefix":"15","next_prefix":"17"},"40":{"id":205257,"text":"To establish additional procedures for obtaining a Virginia Water Protection Permit pursuant to §§ 62.1-44.15:20 and 62.1-44.15:22 for a proposed water withdrawal involving the transfer of water resources between major river basins within the Commonwealth that may impact water basins in another state. Such additional procedures shall not apply to any water withdrawal in existence as of July 1, 2012, except where the expansion of such withdrawal requires a permit under §§ 62.1-44.15:20 and 62.1-44.15:22, in which event such additional procedures may apply to the extent of the expanded withdrawal only. The applicant shall provide as part of the application (i) an analysis of alternatives to such a transfer, (ii) a comprehensive analysis of the impacts that would occur in the source and receiving basins, (iii) a description of measures to mitigate any adverse impacts that may arise, (iv) a description of how notice shall be provided to interested parties, and (v) any other requirements that the Board may adopt that are consistent with the provisions of this section and §§ 62.1-44.15:20 and 62.1-44.15:22 or regulations adopted thereunder. This subdivision shall not be construed as limiting or expanding the Board’s authority under §§ 62.1-44.15:20 and 62.1-44.15:22 to issue permits and impose conditions or limitations on the permitted activity.","type":"section","prefixes":["17"],"prefix":"17","entire_prefix":"17","prefix_anchor":"17","level":1,"prior_prefix":"16","next_prefix":"18"},"41":{"id":205258,"text":"To be the lead agency for the Commonwealth’s nonpoint source pollution management program, including coordination of the nonpoint source control elements of programs developed pursuant to certain state and federal laws, including § 319 of the federal Clean Water Act and § 6217 of the federal Coastal Zone Management Act. Further responsibilities include the adoption of regulations necessary to implement a nonpoint source pollution management program in the Commonwealth, the distribution of assigned funds, the identification and establishment of priorities to address nonpoint source related water quality problems, the administration of the Statewide Nonpoint Source Advisory Committee, and the development of a program for the prevention and control of soil erosion, sediment deposition, and nonagricultural runoff to conserve Virginia’s natural resources.","type":"section","prefixes":["18"],"prefix":"18","entire_prefix":"18","prefix_anchor":"18","level":1,"prior_prefix":"17","next_prefix":"19"},"42":{"id":205259,"text":"To review for compliance with the provisions of this chapter the Virginia Erosion and Stormwater Management Programs adopted by localities pursuant to § 62.1-44.15:27, the Virginia Erosion and Sediment Control Programs adopted by localities pursuant to subdivision B 3 of § 62.1-44.15:27, and the programs adopted by localities pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.). The Board shall develop and implement a schedule for conducting such program reviews as often as necessary but at least once every five years. Following the completion of a compliance review in which deficiencies are found, the Board shall establish a schedule for the locality to follow in correcting the deficiencies and bringing its program into compliance. If the locality fails to bring its program into compliance in accordance with the compliance schedule, then the Board is authorized to (i) issue a special order to any locality imposing a civil penalty not to exceed $ 5,000 per violation with the maximum amount not to exceed $ 50,000 per order for noncompliance with the state program, to be paid into the state treasury and deposited in the Stormwater Local Assistance Fund established in § 62.1-44.15:29.1 or (ii) with the consent of the locality, provide in an order issued against the locality for the payment of civil charges for violations in lieu of civil penalties, in specific sums not to exceed the limit stated in this subdivision. Such civil charges shall be in lieu of any appropriate civil penalty that could be imposed under subsection (a) of § 62.1-44.32 and shall not be subject to the provisions of § 2.2-514. The Board shall not delegate to the Department its authority to issue special orders pursuant to clause (i). In lieu of issuing an order, the Board is authorized to take legal action against a locality pursuant to § 62.1-44.23 to ensure compliance.","type":"section","prefixes":["19"],"prefix":"19","entire_prefix":"19","prefix_anchor":"19","level":1,"prior_prefix":"18"}},"ancestry":[{"id":13015,"edition_id":1,"name":"Control Board Generally","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269343,"object_type":"structure","relational_id":13015,"identifier":"2","token":"62.1\/3.1\/2","url":"\/62.1\/3.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13014,"edition_id":1,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269169,"object_type":"structure","relational_id":13014,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69471,"structure_id":13015,"section_number":"62.1-44.10","catch_line":"Repealed","url":"\/62.1-44.10\/","token":"62.1\/3.1\/2\/62.1-44.10","metadata":false},{"id":63082,"structure_id":13015,"section_number":"62.1-44.11","catch_line":"Meetings","url":"\/62.1-44.11\/","token":"62.1\/3.1\/2\/62.1-44.11","metadata":false},{"id":57347,"structure_id":13015,"section_number":"62.1-44.12","catch_line":"Records of proceedings; special orders, standards, policies, rules and regulations","url":"\/62.1-44.12\/","token":"62.1\/3.1\/2\/62.1-44.12","metadata":false},{"id":55150,"structure_id":13015,"section_number":"62.1-44.13","catch_line":"Inspections and investigations, etc","url":"\/62.1-44.13\/","token":"62.1\/3.1\/2\/62.1-44.13","metadata":false},{"id":86378,"structure_id":13015,"section_number":"62.1-44.14","catch_line":"Chairman; Executive Director; employment of personnel; supervision; budget preparation","url":"\/62.1-44.14\/","token":"62.1\/3.1\/2\/62.1-44.14","metadata":false},{"id":56006,"structure_id":13015,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","url":"\/62.1-44.15\/","token":"62.1\/3.1\/2\/62.1-44.15","metadata":false},{"id":79846,"structure_id":13015,"section_number":"62.1-44.15:01","catch_line":"Further duties of Board; localities particularly affected","url":"\/62.1-44.15_01\/","token":"62.1\/3.1\/2\/62.1-44.15_01","metadata":false},{"id":61408,"structure_id":13015,"section_number":"62.1-44.15:02","catch_line":"Repealed","url":"\/62.1-44.15_02\/","token":"62.1\/3.1\/2\/62.1-44.15_02","metadata":false},{"id":70198,"structure_id":13015,"section_number":"62.1-44.15:03","catch_line":"Disposal of fill; notice to locality","url":"\/62.1-44.15_03\/","token":"62.1\/3.1\/2\/62.1-44.15_03","metadata":false},{"id":69943,"structure_id":13015,"section_number":"62.1-44.15:1","catch_line":"Limitation on power to require construction of sewerage systems or sewage or other waste treatment works; ammonia criteria","url":"\/62.1-44.15_1\/","token":"62.1\/3.1\/2\/62.1-44.15_1","metadata":false},{"id":61958,"structure_id":13015,"section_number":"62.1-44.15:1.1","catch_line":"Special orders; penalties","url":"\/62.1-44.15_1.1\/","token":"62.1\/3.1\/2\/62.1-44.15_1.1","metadata":false},{"id":54086,"structure_id":13015,"section_number":"62.1-44.15:1.2","catch_line":"Lake level contingency plans","url":"\/62.1-44.15_1.2\/","token":"62.1\/3.1\/2\/62.1-44.15_1.2","metadata":false},{"id":75644,"structure_id":13015,"section_number":"62.1-44.15:2","catch_line":"Extraordinary hardship program","url":"\/62.1-44.15_2\/","token":"62.1\/3.1\/2\/62.1-44.15_2","metadata":false},{"id":69161,"structure_id":13015,"section_number":"62.1-44.15:3","catch_line":"When application for permit considered complete","url":"\/62.1-44.15_3\/","token":"62.1\/3.1\/2\/62.1-44.15_3","metadata":false},{"id":81958,"structure_id":13015,"section_number":"62.1-44.15:4","catch_line":"Notification of local governments and property owners","url":"\/62.1-44.15_4\/","token":"62.1\/3.1\/2\/62.1-44.15_4","metadata":false},{"id":60658,"structure_id":13015,"section_number":"62.1-44.15:4.1","catch_line":"Listing and notice of confirmed oil releases and discharges","url":"\/62.1-44.15_4.1\/","token":"62.1\/3.1\/2\/62.1-44.15_4.1","metadata":false},{"id":60324,"structure_id":13015,"section_number":"62.1-44.15:5","catch_line":"Repealed","url":"\/62.1-44.15_5\/","token":"62.1\/3.1\/2\/62.1-44.15_5","metadata":false},{"id":54866,"structure_id":13015,"section_number":"62.1-44.15:5.01","catch_line":"Coordinated review of water resources projects","url":"\/62.1-44.15_5.01\/","token":"62.1\/3.1\/2\/62.1-44.15_5.01","metadata":false},{"id":85683,"structure_id":13015,"section_number":"62.1-44.15:5.02","catch_line":"Low-flow protections in Potomac River","url":"\/62.1-44.15_5.02\/","token":"62.1\/3.1\/2\/62.1-44.15_5.02","metadata":false},{"id":55185,"structure_id":13015,"section_number":"62.1-44.15:5.1","catch_line":"General permit for certain water quality improvement activities","url":"\/62.1-44.15_5.1\/","token":"62.1\/3.1\/2\/62.1-44.15_5.1","metadata":false},{"id":58730,"structure_id":13015,"section_number":"62.1-44.15:5.2","catch_line":"General permits for ready-mix concrete plant discharges","url":"\/62.1-44.15_5.2\/","token":"62.1\/3.1\/2\/62.1-44.15_5.2","metadata":false},{"id":62866,"structure_id":13015,"section_number":"62.1-44.15:5.3","catch_line":"Requirements to test for PFAS chemicals; publicly owned treatment works","url":"\/62.1-44.15_5.3\/","token":"62.1\/3.1\/2\/62.1-44.15_5.3","metadata":false},{"id":61087,"structure_id":13015,"section_number":"62.1-44.7","catch_line":"Board continued","url":"\/62.1-44.7\/","token":"62.1\/3.1\/2\/62.1-44.7","metadata":false},{"id":59377,"structure_id":13015,"section_number":"62.1-44.8","catch_line":"Number, appointment and terms of members","url":"\/62.1-44.8\/","token":"62.1\/3.1\/2\/62.1-44.8","metadata":false},{"id":65218,"structure_id":13015,"section_number":"62.1-44.9","catch_line":"Qualifications of members","url":"\/62.1-44.9\/","token":"62.1\/3.1\/2\/62.1-44.9","metadata":false}],"previous_section":{"id":86378,"structure_id":13015,"section_number":"62.1-44.14","catch_line":"Chairman; Executive Director; employment of personnel; supervision; budget preparation","url":"\/62.1-44.14\/","token":"62.1\/3.1\/2\/62.1-44.14","metadata":false},"next_section":{"id":79846,"structure_id":13015,"section_number":"62.1-44.15:01","catch_line":"Further duties of Board; localities particularly affected","url":"\/62.1-44.15_01\/","token":"62.1\/3.1\/2\/62.1-44.15_01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 26 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1968, chapter 659; in 1970, chapter 638; in 1972, chapter 741; in 1975, chapter 335; in 1976, chapter 621; in 1977, chapter 32; in 1978, chapter 827; in 1984, chapter 11; in 1985, chapters 249 and 397; in 1988, chapters 167 and 328; in 1989, chapter 389; in 1990, chapter 717; in 1991, chapters 239 and 718; in 1993, chapter 456; in 1994, chapter 698<\/a>; in 1998, chapters 805<\/a> and 863<\/a>; in 2000, chapters 972<\/a>, 1032<\/a>, and 1054<\/a>; in 2002, chapters 49<\/a> and 396<\/a>; in 2004, chapter 431<\/a>; in 2005, chapter 706<\/a>; in 2007, chapters 144<\/a>, 633<\/a>, 873<\/a>, and 916<\/a>; in 2011, chapters 52<\/a> and 101<\/a>; in 2012, chapters 574<\/a> and 581<\/a>; in 2013, chapters 756<\/a> and 793<\/a>; in 2016, chapters 68<\/a> and 758<\/a>; in 2020, chapters 449<\/a> and 958<\/a>.<\/p>","references":[{"id":62821,"section_number":"10.1-1184.2","catch_line":"Regulations; civil penalties; written notice of violation","order_by":null,"url":"\/10.1-1184.2\/"},{"id":54524,"section_number":"10.1-1187.6","catch_line":"Approval of alternate compliance methods","order_by":null,"url":"\/10.1-1187.6\/"},{"id":55348,"section_number":"10.1-2125","catch_line":"Powers and duties of the Board","order_by":null,"url":"\/10.1-2125\/"},{"id":73108,"section_number":"10.1-2500","catch_line":"Virginia Environmental Emergency Response Fund established","order_by":null,"url":"\/10.1-2500\/"},{"id":87268,"section_number":"15.2-2122","catch_line":"Localities authorized to establish, etc., sewage disposal system; incidental powers","order_by":null,"url":"\/15.2-2122\/"},{"id":65795,"section_number":"45.2-1029","catch_line":" National Pollutant Discharge Elimination System permits","order_by":null,"url":"\/45.2-1029\/"},{"id":59486,"section_number":"62.1-229.4","catch_line":"Loans for stormwater runoff control best management practices","order_by":null,"url":"\/62.1-229.4\/"},{"id":87444,"section_number":"62.1-273","catch_line":"Committee duties and functions","order_by":null,"url":"\/62.1-273\/"},{"id":86087,"section_number":"62.1-275","catch_line":"Cessation of injection","order_by":null,"url":"\/62.1-275\/"},{"id":57347,"section_number":"62.1-44.12","catch_line":"Records of proceedings; special orders, standards, policies, rules and regulations","order_by":null,"url":"\/62.1-44.12\/"},{"id":86378,"section_number":"62.1-44.14","catch_line":"Chairman; Executive Director; employment of personnel; supervision; budget preparation","order_by":null,"url":"\/62.1-44.14\/"},{"id":71282,"section_number":"62.1-44.15:24","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.15_24\/"},{"id":75035,"section_number":"62.1-44.15:25","catch_line":"Further powers and duties of the State Water Control Board","order_by":null,"url":"\/62.1-44.15_25\/"},{"id":57904,"section_number":"62.1-44.15:29.1","catch_line":"Stormwater Local Assistance Fund","order_by":null,"url":"\/62.1-44.15_29.1\/"},{"id":59360,"section_number":"62.1-44.15:54","catch_line":"Virginia Erosion and Sediment Control Program","order_by":null,"url":"\/62.1-44.15_54\/"},{"id":81171,"section_number":"62.1-44.15:69","catch_line":"Powers and duties of the Board","order_by":null,"url":"\/62.1-44.15_69\/"},{"id":75714,"section_number":"62.1-44.16","catch_line":"Industrial wastes","order_by":null,"url":"\/62.1-44.16\/"},{"id":76286,"section_number":"62.1-44.19","catch_line":"Approval of sewerage systems and sewage treatment works","order_by":null,"url":"\/62.1-44.19\/"},{"id":72265,"section_number":"62.1-44.28","catch_line":"Decisions of the Board in hearings pursuant to \u00a7\u00a7 62.1-44.15 and 62.1-44.25","order_by":null,"url":"\/62.1-44.28\/"},{"id":73113,"section_number":"62.1-44.29","catch_line":"Judicial review","order_by":null,"url":"\/62.1-44.29\/"},{"id":61187,"section_number":"62.1-44.3","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.3\/"},{"id":69301,"section_number":"62.1-44.34:20","catch_line":"Enforcement and penalties","order_by":null,"url":"\/62.1-44.34_20\/"},{"id":67138,"section_number":"62.1-44.34:23","catch_line":"Exceptions","order_by":null,"url":"\/62.1-44.34_23\/"}],"refers_to":[{"id":64547,"section_number":"10.1-104.2","catch_line":"Voluntary nutrient management training and certification program","order_by":null,"url":"\/10.1-104.2\/"},{"id":73108,"section_number":"10.1-2500","catch_line":"Virginia Environmental Emergency Response Fund established","order_by":null,"url":"\/10.1-2500\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":83688,"section_number":"2.2-4001","catch_line":"Definitions","order_by":null,"url":"\/2.2-4001\/"},{"id":74274,"section_number":"2.2-4007.01","catch_line":"Notice of intended regulatory action; public hearing","order_by":null,"url":"\/2.2-4007.01\/"},{"id":72032,"section_number":"2.2-4009","catch_line":"Evidentiary hearings on regulations","order_by":null,"url":"\/2.2-4009\/"},{"id":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"},{"id":82895,"section_number":"2.2-514","catch_line":"Compromise and settlement of disputes","order_by":null,"url":"\/2.2-514\/"},{"id":59255,"section_number":"28.2-1200","catch_line":"Ungranted beds of bays, rivers, creeks and shores of the sea to remain in common","order_by":null,"url":"\/28.2-1200\/"},{"id":62122,"section_number":"28.2-1300","catch_line":"Definitions","order_by":null,"url":"\/28.2-1300\/"},{"id":66759,"section_number":"32.1-164","catch_line":"Powers and duties of Board; 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It shall be the duty of the Board<\/span> and it shall have the authority:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> [Repealed.] <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To study and investigate all problems concerned with the quality of state waters<\/span> and to make reports and recommendations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2a.<\/span> To study and investigate methods, procedures, devices, appliances, and technologies that could assist in water conservation or water consumption reduction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2b.<\/span> To coordinate its efforts toward water conservation with other persons<\/span> or groups, within or without the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2c.<\/span> To make reports concerning, and formulate recommendations based upon, any such water conservation studies to ensure that present and future water needs of the citizens of the Commonwealth are met. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3a.<\/span> To establish such standards<\/span> of quality and policies<\/span> for any state waters<\/span> consistent with the general policy set forth in this chapter, and to modify, amend<\/span>, or cancel any such standards<\/span> or policies<\/span> established and to take all appropriate steps to prevent quality alteration contrary to the public interest or to standards<\/span> or policies<\/span> thus established, except that a description of provisions of any proposed standard or policy adopted by regulation<\/span> which are more restrictive than applicable federal requirements, together with the reason why the more restrictive provisions are needed, shall be provided to the standing committee of each house of the General Assembly to which matters relating to the content of the standard or policy are most properly referable. The Board<\/span> shall, from time to time, but at least once every three years, hold public hearings<\/span> pursuant to § 2.2-4007.01<\/a> but, upon the request of an affected person<\/span> or upon its own motion<\/span>, hold hearings<\/span> pursuant to § 2.2-4009<\/a>, for the purpose of reviewing the standards<\/span> of quality, and, as appropriate, adopting, modifying, or canceling such standards<\/span>. Whenever the Board<\/span> considers the adoption, modification, amendment, or cancellation of any standard, it shall give due consideration to, among other factors, the economic and social costs and benefits which can reasonably be expected to obtain as a consequence of the standards<\/span> as adopted, modified, amended, or cancelled. The Board<\/span> shall also give due consideration to the public health standards<\/span> issued by the Virginia Department<\/span> of Health with respect to issues<\/span> of public health policy and protection. If the Board<\/span> does not follow the public health standards<\/span> of the Virginia Department<\/span> of Health, the Board<\/span>’s reason for any deviation shall be made in writing and published for any and all concerned parties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3b.<\/span> Except as provided in subdivision (3a), such standards<\/span> and policies<\/span> are to be adopted or modified, amended, or cancelled in the manner provided by the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To conduct or have conducted scientific experiments, investigations, studies, and research to discover methods for maintaining water quality consistent with the purposes of this chapter. To this end the Board<\/span> may cooperate with any public or private agency in the conduct of such experiments, investigations, and research and may receive in behalf of the Commonwealth any moneys that any such agency may contribute as its share of the cost under any such cooperative agreement. Such moneys shall be used only for the purposes for which they are contributed and any balance remaining after the conclusion of the experiments, investigations, studies, and research, shall be returned to the contributors. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> To issue<\/span>, revoke, or amend<\/span> certificates<\/span> and land-disturbance approvals<\/span> under prescribed conditions for (a) the discharge of sewage<\/span>, stormwater, industrial wastes<\/span>, and other wastes<\/span> into or adjacent to state waters<\/span>; (b) the alteration otherwise of the physical, chemical, or biological properties of state waters<\/span>; (c) excavation<\/span> in a wetland; or (d) on and after October 1, 2001, the conduct of the following activities in a wetland: (i) new activities to cause draining that significantly alters or degrades existing wetland acreage or functions, (ii) filling or dumping, (iii) permanent flooding or impounding, or (iv) new activities that cause significant alteration or degradation of existing wetland acreage or functions. However, to the extent allowed by federal law<\/span>, any person<\/span> holding a certificate<\/span> issued by the Board<\/span> that is intending to upgrade the permitted facility by installing technology, control equipment, or other apparatus that the permittee demonstrates to the satisfaction of the Director<\/span> will result in improved energy efficiency, reduction in the amount of nutrients discharged, and improved water quality shall not be required to obtain a new, modified, or amended permit. The permit holder shall provide the demonstration anticipated by this subdivision to the Department<\/span> no later than 30 days prior to commencing construction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5a.<\/span> All certificates<\/span> issued by the Board<\/span> under this chapter shall have fixed terms. The term of a Virginia Pollution<\/span> Discharge Elimination System permit shall not exceed five years. The term of a Virginia Water Protection Permit shall be based upon the projected duration of the project, the length of any required monitoring, or other project operations or permit conditions; however, the term shall not exceed 15 years. The term of a Virginia Pollution<\/span> Abatement permit shall not exceed 10 years, except that the term of a Virginia Pollution<\/span> Abatement permit for confined animal feeding operations shall be 10 years. The Department<\/span> of Environmental Quality shall inspect all facilities for which a Virginia Pollution<\/span> Abatement permit has been issued to ensure compliance with statutory, regulatory, and permit requirements. Department<\/span> personnel performing inspections of confined animal feeding operations shall be certified under the voluntary nutrient management training and certification program established in § 10.1-104.2<\/a>. The term of a certificate<\/span> issued by the Board<\/span> shall not be extended by modification beyond the maximum duration and the certificate<\/span> shall expire at the end of the term unless an application for a new permit has been timely filed as required by the regulations<\/span> of the Board<\/span> and the Board<\/span> is unable, through no fault of the permittee, to issue<\/span> a new permit before the expiration date of the previous permit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5b.<\/span> Any certificate<\/span> or land-disturbance approval<\/span> issued by the Board<\/span> under this chapter may, after notice and opportunity for a hearing<\/span>, be amended or revoked on any of the following grounds or for good cause as may be provided by the regulations<\/span> of the Board<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The owner<\/span> has violated any regulation<\/span> or order<\/span> of the Board<\/span>, any condition of a certificate<\/span> or land-disturbance approval<\/span>, any provision of this chapter, or any order<\/span> of a court<\/span>, where such violation results in a release of harmful substances into the environment, poses a substantial threat of release of harmful substances into the environment, causes unreasonable property degradation, or presents a hazard to human health or the violation is representative of a pattern of serious or repeated violations which, in the opinion<\/span> of the Board<\/span>, demonstrates the owner<\/span>’s disregard for or inability to comply with applicable laws<\/span>, regulations<\/span>, or requirements; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The owner<\/span> has failed to disclose fully all relevant material<\/span> facts<\/span> or has misrepresented a material<\/span> fact<\/span> in applying for a certificate<\/span> or land-disturbance approval<\/span>, or in any other report or document required under this law<\/span> or under the regulations<\/span> of the Board<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The activity for which the certificate<\/span> or land-disturbance approval<\/span> was issued endangers human health or the environment or causes unreasonable property degradation and can be regulated to acceptable levels or practices by amendment or revocation<\/span> of the certificate<\/span> or land-disturbance approval<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> There exists a material<\/span> change in the basis on which the certificate<\/span>, land-disturbance approval<\/span>, or permit was issued that requires either a temporary or a permanent reduction or elimination of any discharge or land-disturbing activity controlled by the certificate<\/span>, land-disturbance approval<\/span>, or permit necessary to protect human health or the environment or stop or prevent unreasonable degradation of property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5c.<\/span> Any certificate<\/span> issued by the Board<\/span> under this chapter relating to dredging projects governed under Chapter 12 (§ 28.2-1200<\/a> et seq.) or Chapter 13 (§ 28.2-1300<\/a> et seq.) of Title 28.2 may be conditioned upon a demonstration of financial responsibility for the completion of compensatory mitigation requirements. Financial responsibility may be demonstrated by a letter of credit, a certificate<\/span> of deposit, or a performance bond<\/span> executed in a form approved by the Board<\/span>. If the U.S. Army Corps of Engineers requires demonstration of financial responsibility for the completion of compensatory mitigation required for a particular project, then the mechanism and amount approved by the U.S. Army Corps of Engineers shall be used to meet this requirement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> To make investigations and inspections, to ensure compliance with the conditions of any certificates<\/span>, land-disturbance approvals<\/span>, standards<\/span>, policies<\/span>, rules<\/span>, regulations<\/span>, rulings<\/span>, and orders<\/span> that it may adopt, issue<\/span>, or establish, and to furnish advice, recommendations, or instructions for the purpose of obtaining such compliance. In recognition of §§ 32.1-164<\/a> and 62.1-44.18<\/a>, the Board<\/span> and the State Department<\/span> of Health shall enter into a memorandum<\/span> of understanding establishing a common format to consolidate and simplify inspections of sewage<\/span> treatment plants and coordinate the scheduling of the inspections. The new format shall ensure that all sewage<\/span> treatment plants are inspected at appropriate intervals in order<\/span> to protect water quality and public health and at the same time avoid any unnecessary administrative burden on those being inspected. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> To adopt rules<\/span> governing the procedure of the Board<\/span> with respect to (a) hearings<\/span>; (b) the filing of reports; (c) the issuance of certificates<\/span> and orders<\/span>; and (d) all other matters relating to procedure; and to amend<\/span> or cancel any rule<\/span> adopted. Public notice of every rule<\/span> adopted under this section shall be by such means as the Board<\/span> may prescribe. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8a.<\/span> Except as otherwise provided in subdivision (19) and Article 2.3 (§ 62.1-44.15:24<\/a> et seq.), to issue<\/span> special orders<\/span> to owners<\/span>, including owners<\/span> as defined in § 62.1-44.15:24<\/a>, who (i) are permitting or causing the pollution<\/span>, as defined by § 62.1-44.3<\/a>, of state waters<\/span> or the unreasonable degradation of property to cease and desist from such pollution<\/span> or degradation, (ii) have failed to construct facilities in accordance with final approved plans and specifications to construct such facilities in accordance with final approved plans and specifications, (iii) have violated the terms and provisions of a certificate<\/span> or land-disturbance approval<\/span> issued by the Board<\/span> to comply with such terms and provisions, (iv) have failed to comply with a directive from the Board<\/span> to comply with such directive, (v) have contravened duly adopted and promulgated water quality standards<\/span> and policies<\/span> to cease and desist from such contravention and to comply with such water quality standards<\/span> and policies<\/span>, (vi) have violated the terms and provisions of a pretreatment permit issued by the Board<\/span> or by the owner<\/span> of a publicly owned treatment works<\/span> to comply with such terms and provisions, or (vii) have contravened any applicable pretreatment standard or requirement to comply with such standard or requirement; and also to issue<\/span> such orders to require any owner<\/span> to comply with the provisions of this chapter and any decision of the Board<\/span>. Except as otherwise provided by a separate article, orders issued pursuant to this subdivision may include civil penalties of up to $ 32,500 per violation, not to exceed $ 100,000 per order<\/span>. The Board<\/span> may assess penalties under this subdivision if (a) the person<\/span> has been issued at least two written notices of alleged violation by the Department<\/span> for the same or substantially related violations at the same site, (b) such violations have not been resolved by demonstration that there was no violation, by an order<\/span> issued by the Board<\/span> or the Director<\/span>, or by other means, (c) at least 130 days have passed since the issuance of the first notice of alleged violation, and (d) there is a finding<\/span> that such violations have occurred after a hearing<\/span> conducted in accordance with subdivision (8b). The actual amount of any penalty<\/span> assessed shall be based upon the severity of the violations, the extent of any potential or actual environmental harm, the compliance history of the facility or person<\/span>, any economic benefit realized from the noncompliance, and the ability of the person<\/span> to pay the penalty<\/span>. The Board<\/span> shall provide the person<\/span> with the calculation for the proposed penalty<\/span> prior to any hearing<\/span> conducted for the issuance of an order<\/span> that assesses penalties pursuant to this subdivision. The issuance of a notice of alleged violation by the Department<\/span> shall not be considered a case decision as defined in § 2.2-4001<\/a>. Any notice of alleged violation shall include a description of each violation, the specific provision of law violated, and information on the process for obtaining a final decision or fact<\/span> finding<\/span> from the Department<\/span> on whether or not a violation has occurred, and nothing in this section shall preclude an owner<\/span> from seeking such a determination. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund (§ 10.1-2500<\/a> et seq.), except that civil penalties assessed for violations of Article 9 (§ 62.1-44.34:8<\/a> et seq.) or Article 11 (§ 62.1-44.34:14<\/a> et seq.) shall be paid into the Virginia Petroleum Storage Tank Fund in accordance with § 62.1-44.34:11<\/a>, and except that civil penalties assessed for violations of subdivision (19) or Article 2.3 (§ 62.1-44.15:24<\/a> et seq.) shall be paid into the Stormwater Local Assistance Fund in accordance with § 62.1-44.15:29.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8b.<\/span> Such special orders<\/span> are to be issued only after a hearing<\/span> before a hearing<\/span> officer appointed by the Supreme Court<\/span> in accordance with § 2.2-4020<\/a> or, if requested by the person<\/span>, before a quorum of the Board<\/span> with at least 30 days’ notice to the affected owners<\/span>, of the time, place, and purpose thereof, and they shall become effective not less than 15 days after service as provided in § 62.1-44.12<\/a>, provided that if the Board<\/span> finds that any such owner<\/span> is grossly affecting or presents an imminent and substantial danger to (i) the public health, safety, or welfare, or the health of animals, fish, or aquatic life; (ii) a public water supply; or (iii) recreational, commercial, industrial, agricultural, or other reasonable uses, it may issue<\/span>, without advance notice or hearing<\/span>, an emergency special order<\/span> directing the owner<\/span> to cease such pollution<\/span> or discharge immediately, and shall provide an opportunity for a hearing<\/span>, after reasonable notice as to the time and place thereof to the owner<\/span>, to affirm<\/span>, modify, amend<\/span>, or cancel such emergency special order<\/span>. If an owner<\/span> who has been issued such a special order<\/span> or an emergency special order<\/span> is not complying with the terms thereof, the Board<\/span> may proceed in accordance with § 62.1-44.23<\/a>, and where the order is based on a finding<\/span> of an imminent and substantial danger, the court<\/span> shall issue<\/span> an injunction<\/span> compelling compliance with the emergency special order<\/span> pending a hearing<\/span> by the Board<\/span>. If an emergency special order<\/span> requires cessation of a discharge, the Board<\/span> shall provide an opportunity for a hearing<\/span> within 48 hours of the issuance of the injunction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8c.<\/span> The provisions of this section notwithstanding, the Board<\/span> may proceed directly under § 62.1-44.32<\/a> for any past violation or violations of any provision of this chapter or any regulation<\/span> duly promulgated hereunder. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8d.<\/span> Except as otherwise provided in subdivision (19), subdivision 2 of § 62.1-44.15:25<\/a>, or § 62.1-44.15:63<\/a>, with the consent of any owner<\/span> who has violated or failed, neglected, or refused to obey any regulation<\/span> or order of the Board<\/span>, any condition of a certificate<\/span>, land-disturbance approval<\/span>, or permit, or any provision of this chapter, the Board<\/span> may provide, in an order issued by the Board<\/span> against such person<\/span>, for the payment of civil charges for past violations in specific sums not to exceed the limit specified in subsection (a) of § 62.1-44.32<\/a>. Such civil charges shall be instead of any appropriate civil penalty<\/span> which could be imposed under subsection (a) of § 62.1-44.32<\/a> and shall not be subject to the provisions of § 2.2-514<\/a>. Such civil charges shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund (§ 10.1-2500<\/a> et seq.), excluding civil charges assessed for violations of Article 9 (§ 62.1-44.34:8<\/a> et seq.) or 10 (§ 62.1-44.34:10<\/a> et seq.) of Chapter 3.1, or a regulation<\/span>, administrative or judicial order, or term or condition of approval relating to or issued under those articles, or civil charges assessed for violations of Article 2.3 (§ 62.1-44.15:24<\/a> et seq.) or 2.5 (§ 62.1-44.15:67<\/a> et seq.) or a regulation<\/span>, administrative or judicial order, or term or condition of approval relating to or issued under Article 2.3 or 2.5.\n\t\t\t\tThe amendments to this section adopted by the 1976 Session of the General Assembly shall not be construed as limiting or expanding any cause of action<\/span> or any other remedy possessed by the Board<\/span> prior to the effective date of said amendments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8e.<\/span> The Board<\/span> shall develop and provide an opportunity for public comment on guidelines and procedures that contain specific criteria for calculating the appropriate penalty<\/span> for each violation based upon the severity of the violations, the extent of any potential or actual environmental harm, the compliance history of the facility or person<\/span>, any economic benefit realized from the noncompliance, and the ability of the person<\/span> to pay the penalty<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8f.<\/span> Before issuing a special order<\/span> under subdivision (8a) or by consent under (8d), with or without an assessment of a civil penalty<\/span>, to an owner<\/span> of a sewerage system<\/span> requiring corrective action to prevent or minimize overflows of sewage<\/span> from such system, the Board<\/span> shall provide public notice of and reasonable opportunity to comment on the proposed order. Any such order under subdivision (8d) may impose civil penalties in amounts up to the maximum amount authorized in § 309(g) of the Clean Water Act. Any person<\/span> who comments on the proposed order shall be given notice of any hearing<\/span> to be held on the terms of the order. In any hearing<\/span> held, such person<\/span> shall have a reasonable opportunity to be heard and to present evidence<\/span>. If no hearing<\/span> is held before issuance of an order under subdivision (8d), any person<\/span> who commented on the proposed order may file a petition<\/span>, within 30 days after the issuance of such order, requesting the Board<\/span> to set aside such order and provide a formal hearing<\/span> thereon. If the evidence<\/span> presented by the petitioner in support of the petition<\/span> is material<\/span> and was not considered in the issuance of the order, the Board<\/span> shall immediately set aside the order, provide a formal hearing<\/span>, and make such petitioner a party<\/span>. If the Board<\/span> denies the petition<\/span>, the Board<\/span> shall provide notice to the petitioner and make available to the public the reasons for such denial, and the petitioner shall have the right to judicial review of such decision under § 62.1-44.29<\/a> if he meets the requirements thereof. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8g.<\/span> To issue<\/span> special orders<\/span> for violations of this chapter to persons<\/span> constructing or operating any natural gas transmission pipeline greater than 36 inches inside diameter. An order issued pursuant to this subdivision may include a civil penalty<\/span> of up to $50,000 per violation, not to exceed $500,000 per order. The Board<\/span> may assess a penalty<\/span> under this subdivision if (i) the person<\/span> has been issued at least two written notices of alleged violation by the Department<\/span> for violations involving the same pipeline; (ii) such violations have not been resolved by a demonstration that there was no violation, by an order issued by the Board<\/span> or the Director<\/span>, including an order pursuant to subdivision (8d), or by other means; and (iii) there is a finding<\/span> that such violation occurred after a hearing<\/span> was conducted (a) before a hearing<\/span> officer appointed by the Supreme Court<\/span>, (b) in accordance with § 2.2-4020<\/a>, and (c) with at least 30 days’ notice to such person<\/span> of the time, place, and purpose thereof. Such order shall become effective not less than 15 days after service as provided in § 62.1-44.12<\/a>. The actual amount of any penalty<\/span> assessed shall be based upon the severity of the violation, the extent of any potential or actual environmental harm, the compliance history of the person<\/span>, any economic benefit realized from the noncompliance, and the ability of the person<\/span> to pay the penalty<\/span>. The Board<\/span> shall provide the person<\/span> with the calculation for the proposed penalty<\/span> prior to any hearing<\/span> conducted for the issuance of an order that assesses penalties pursuant to this subdivision. The issuance of a notice of alleged violation by the Department<\/span> shall not be a case decision as defined in § 2.2-4001<\/a>. Any notice of alleged violation shall include a description of each violation, the specific provision of law violated, and information on the process for obtaining a final decision or fact<\/span>-finding<\/span> from the Department<\/span> on whether or not a violation has occurred, and nothing in this subdivision shall preclude a person<\/span> from seeking such a determination. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund (§ 10.1-2500<\/a> et seq.), except that civil penalties assessed for violations of Article 2.3 (§ 62.1-44.15:24<\/a> et seq.) or 2.4 (§ 62.1-44.15:51<\/a> et seq.) shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Stormwater Management Fund (§ 62.1-44.15:29<\/a>). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> To make such rulings<\/span> under §§ 62.1-44.16<\/a>, 62.1-44.17<\/a>, and 62.1-44.19<\/a> as may be required upon requests or applications to the Board<\/span>, the owner<\/span> or owners<\/span> affected to be notified by certified mail as soon as practicable after the Board<\/span> makes them and such rulings<\/span> to become effective upon such notification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> To adopt such regulations<\/span> as it deems necessary to enforce the general soil erosion control and stormwater management program and water quality management program of the Board<\/span> in all or part of the Commonwealth, except that a description of provisions of any proposed regulation<\/span> which are more restrictive than applicable federal requirements, together with the reason why the more restrictive provisions are needed, shall be provided to the standing committee of each house of the General Assembly to which matters relating to the content of the regulation<\/span> are most properly referable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> To investigate any large-scale killing of fish. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> Whenever the Board<\/span> shall determine that any owner<\/span>, whether or not he shall have been issued a certificate<\/span> for discharge of waste, has discharged sewage<\/span>, industrial waste, or other waste into state waters<\/span> in such quantity, concentration, or manner that fish are killed as a result thereof, it may effect such settlement<\/span> with the owner<\/span> as will cover the costs incurred by the Board<\/span> and by the Department<\/span> of Wildlife Resources in investigating such killing of fish, plus the replacement value of the fish destroyed, or as it deems proper, and if no such settlement<\/span> is reached within a reasonable time, the Board<\/span> shall authorize its executive secretary to bring a civil action<\/span> in the name of the Board<\/span> to recover from the owner<\/span> such costs and value, plus any court<\/span> or other legal costs incurred in connection with such action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> If the owner<\/span> is a political subdivision of the Commonwealth, the action may be brought in any circuit<\/span> court<\/span> within the territory embraced by such political subdivision. If the owner<\/span> is an establishment<\/span>, as defined in this chapter, the action shall be brought in the circuit<\/span> court<\/span> of the city or the circuit<\/span> court<\/span> of the county in which such establishment<\/span> is located. If the owner<\/span> is an individual or group of individuals, the action shall be brought in the circuit<\/span> court<\/span> of the city or circuit<\/span> court<\/span> of the county in which such person<\/span> or any of them reside. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> For the purposes of this subdivision 11, the State Water Control Board<\/span> shall be deemed the owner<\/span> of the fish killed and the proceedings shall be as though the State Water Control Board<\/span> were the owner<\/span> of the fish. The fact<\/span> that the owner<\/span> has or held a certificate<\/span> issued under this chapter shall not be raised as a defense in bar to any such action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> The proceeds of any recovery had under this subdivision 11 shall, when received by the Board<\/span>, be applied, first, to reimburse the Board<\/span> for any expenses incurred in investigating such killing of fish. The balance shall be paid to the Board<\/span> of Wildlife Resources to be used for the fisheries’ management practices as in its judgment<\/span> will best restore or replace the fisheries’ values lost as a result of such discharge of waste, including, where appropriate, replacement of the fish killed with game fish or other appropriate species. Any such funds received are hereby appropriated for that purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> Nothing in this subdivision 11 shall be construed in any way to limit or prevent any other action which is now authorized by law by the Board<\/span> against any owner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

f.<\/span> Notwithstanding the foregoing, the provisions of this subdivision 11 shall not apply to any owner<\/span> who adds or applies any chemicals or other substances that are recommended or approved by the State Department<\/span> of Health to state waters<\/span> in the course of processing or treating such waters for public water supply purposes, except where negligence<\/span> is shown. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> To administer programs of financial assistance for planning, construction, operation, and maintenance of water quality control facilities for political subdivisions in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> To establish policies<\/span> and programs for effective area-wide or basin-wide water quality control and management. The Board<\/span> may develop comprehensive pollution<\/span> abatement and water quality control plans on an area-wide or basin-wide basis. In conjunction with this, the Board<\/span>, when considering proposals for waste treatment facilities, is to consider the feasibility of combined or joint treatment facilities and is to ensure that the approval of waste treatment facilities is in accordance with the water quality management and pollution<\/span> control plan in the watershed or basin as a whole. In making such determinations, the Board<\/span> is to seek the advice of local, regional, or state planning authorities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> To establish requirements for the treatment of sewage<\/span>, industrial wastes<\/span>, and other wastes<\/span> that are consistent with the purposes of this chapter; however, no treatment shall be less than secondary or its equivalent, unless the owner<\/span> can demonstrate that a lesser degree of treatment is consistent with the purposes of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> To promote and establish requirements for the reclamation<\/span> and reuse<\/span> of wastewater that are protective of state waters<\/span> and public health as an alternative to directly discharging pollutants into waters of the state. The requirements shall address various potential categories of reuse<\/span> and may include general permits and provide for greater flexibility and less stringent requirements commensurate with the quality of the reclaimed water<\/span> and its intended use. The requirements shall be developed in consultation with the Department<\/span> of Health and other appropriate state agencies. This authority shall not be construed as conferring upon the Board<\/span> any power or duty duplicative of those of the State Board<\/span> of Health. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> To establish and implement policies<\/span> and programs to protect and enhance the Commonwealth’s wetland resources. Regulatory programs shall be designed to achieve no net loss of existing wetland acreage and functions. Voluntary and incentive-based programs shall be developed to achieve a net resource gain in acreage and functions of wetlands<\/span>. The Board<\/span> shall seek and obtain advice and guidance from the Virginia Institute of Marine Science in implementing these policies<\/span> and programs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> To establish additional procedures for obtaining a Virginia Water Protection Permit pursuant to §§ 62.1-44.15:20<\/a> and 62.1-44.15:22<\/a> for a proposed water withdrawal involving the transfer of water resources between major river basins within the Commonwealth that may impact water basins in another state. Such additional procedures shall not apply to any water withdrawal in existence as of July 1, 2012, except where the expansion of such withdrawal requires a permit under §§ 62.1-44.15:20<\/a> and 62.1-44.15:22<\/a>, in which event such additional procedures may apply to the extent of the expanded withdrawal only. The applicant shall provide as part of the application (i) an analysis of alternatives to such a transfer, (ii) a comprehensive analysis of the impacts that would occur in the source and receiving basins, (iii) a description of measures to mitigate any adverse impacts that may arise, (iv) a description of how notice shall be provided to interested parties, and (v) any other requirements that the Board<\/span> may adopt that are consistent with the provisions of this section and §§ 62.1-44.15:20<\/a> and 62.1-44.15:22<\/a> or regulations<\/span> adopted thereunder. This subdivision shall not be construed as limiting or expanding the Board<\/span>’s authority under §§ 62.1-44.15:20<\/a> and 62.1-44.15:22<\/a> to issue<\/span> permits and impose conditions or limitations on the permitted activity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> To be the lead agency for the Commonwealth’s nonpoint source pollution<\/span> management program, including coordination of the nonpoint source control elements of programs developed pursuant to certain state and federal laws<\/span>, including § 319 of the federal Clean Water Act and § 6217 of the federal Coastal Zone Management Act. Further responsibilities include the adoption of regulations<\/span> necessary to implement a nonpoint source pollution<\/span> management program in the Commonwealth, the distribution of assigned funds, the identification and establishment<\/span> of priorities to address nonpoint source related water quality problems, the administration of the Statewide Nonpoint Source Advisory Committee, and the development of a program for the prevention and control of soil erosion, sediment deposition<\/span>, and nonagricultural runoff to conserve Virginia’s natural resources. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> To review for compliance with the provisions of this chapter the Virginia Erosion and Stormwater Management Programs adopted by localities pursuant to § 62.1-44.15:27<\/a>, the Virginia Erosion and Sediment Control Programs adopted by localities pursuant to subdivision B 3 of § 62.1-44.15:27<\/a>, and the programs adopted by localities pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67<\/a> et seq.). The Board<\/span> shall develop and implement a schedule for conducting such program reviews as often as necessary but at least once every five years. Following the completion of a compliance review in which deficiencies are found, the Board<\/span> shall establish a schedule for the locality to follow in correcting the deficiencies and bringing its program into compliance. If the locality fails to bring its program into compliance in accordance with the compliance schedule, then the Board<\/span> is authorized to (i) issue<\/span> a special order<\/span> to any locality imposing a civil penalty<\/span> not to exceed $ 5,000 per violation with the maximum amount not to exceed $ 50,000 per order for noncompliance with the state program, to be paid into the state treasury and deposited in the Stormwater Local Assistance Fund established in § 62.1-44.15:29.1<\/a> or (ii) with the consent of the locality, provide in an order issued against the locality for the payment of civil charges for violations in lieu of civil penalties, in specific sums not to exceed the limit stated in this subdivision. Such civil charges shall be in lieu of any appropriate civil penalty<\/span> that could be imposed under subsection (a) of § 62.1-44.32<\/a> and shall not be subject to the provisions of § 2.2-514<\/a>. The Board<\/span> shall not delegate to the Department<\/span> its authority to issue<\/span> special orders<\/span> pursuant to clause (i). In lieu of issuing an order, the Board<\/span> is authorized to take legal action against a locality pursuant to § 62.1-44.23<\/a> to ensure compliance. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS AND DUTIES; CIVIL PENALTIES (\u00a7 62.1-44.15)\n\nIt shall be the duty of the Board and it shall have the authority:\n\n1. [Repealed.]\n\n2. To study and investigate all problems concerned with the quality of state\nwaters and to make reports and recommendations.\n\n 2a. To study and investigate methods, procedures, devices, appliances, and\n technologies that could assist in water conservation or water consumption\n reduction.\n\n 2b. To coordinate its efforts toward water conservation with other persons or\n groups, within or without the Commonwealth.\n\n 2c. To make reports concerning, and formulate recommendations based upon, any\n such water conservation studies to ensure that present and future water needs\n of the citizens of the Commonwealth are met.\n\n 3a. To establish such standards of quality and policies for any state waters\n consistent with the general policy set forth in this chapter, and to modify,\n amend, or cancel any such standards or policies established and to take all\n appropriate steps to prevent quality alteration contrary to the public\n interest or to standards or policies thus established, except that a\n description of provisions of any proposed standard or policy adopted by\n regulation which are more restrictive than applicable federal requirements,\n together with the reason why the more restrictive provisions are needed, shall\n be provided to the standing committee of each house of the General Assembly to\n which matters relating to the content of the standard or policy are most\n properly referable. The Board shall, from time to time, but at least once\n every three years, hold public hearings pursuant to § 2.2-4007.01 but,\n upon the request of an affected person or upon its own motion, hold hearings\n pursuant to § 2.2-4009, for the purpose of reviewing the standards of\n quality, and, as appropriate, adopting, modifying, or canceling such\n standards. Whenever the Board considers the adoption, modification, amendment,\n or cancellation of any standard, it shall give due consideration to, among\n other factors, the economic and social costs and benefits which can reasonably\n be expected to obtain as a consequence of the standards as adopted, modified,\n amended, or cancelled. The Board shall also give due consideration to the\n public health standards issued by the Virginia Department of Health with\n respect to issues of public health policy and protection. If the Board does\n not follow the public health standards of the Virginia Department of Health,\n the Board’s reason for any deviation shall be made in writing and\n published for any and all concerned parties.\n\n 3b. Except as provided in subdivision (3a), such standards and policies are to\n be adopted or modified, amended, or cancelled in the manner provided by the\n Administrative Process Act (§ 2.2-4000 et seq.).\n\n4. To conduct or have conducted scientific experiments, investigations, studies,\nand research to discover methods for maintaining water quality consistent with\nthe purposes of this chapter. To this end the Board may cooperate with any\npublic or private agency in the conduct of such experiments, investigations, and\nresearch and may receive in behalf of the Commonwealth any moneys that any such\nagency may contribute as its share of the cost under any such cooperative\nagreement. Such moneys shall be used only for the purposes for which they are\ncontributed and any balance remaining after the conclusion of the experiments,\ninvestigations, studies, and research, shall be returned to the contributors.\n\n5. To issue, revoke, or amend certificates and land-disturbance approvals under\nprescribed conditions for (a) the discharge of sewage, stormwater, industrial\nwastes, and other wastes into or adjacent to state waters; (b) the alteration\notherwise of the physical, chemical, or biological properties of state waters;\n(c) excavation in a wetland; or (d) on and after October 1, 2001, the conduct of\nthe following activities in a wetland: (i) new activities to cause draining that\nsignificantly alters or degrades existing wetland acreage or functions, (ii)\nfilling or dumping, (iii) permanent flooding or impounding, or (iv) new\nactivities that cause significant alteration or degradation of existing wetland\nacreage or functions. However, to the extent allowed by federal law, any person\nholding a certificate issued by the Board that is intending to upgrade the\npermitted facility by installing technology, control equipment, or other\napparatus that the permittee demonstrates to the satisfaction of the Director\nwill result in improved energy efficiency, reduction in the amount of nutrients\ndischarged, and improved water quality shall not be required to obtain a new,\nmodified, or amended permit. The permit holder shall provide the demonstration\nanticipated by this subdivision to the Department no later than 30 days prior to\ncommencing construction.\n\n 5a. All certificates issued by the Board under this chapter shall have fixed\n terms. The term of a Virginia Pollution Discharge Elimination System permit\n shall not exceed five years. The term of a Virginia Water Protection Permit\n shall be based upon the projected duration of the project, the length of any\n required monitoring, or other project operations or permit conditions;\n however, the term shall not exceed 15 years. The term of a Virginia Pollution\n Abatement permit shall not exceed 10 years, except that the term of a Virginia\n Pollution Abatement permit for confined animal feeding operations shall be 10\n years. The Department of Environmental Quality shall inspect all facilities\n for which a Virginia Pollution Abatement permit has been issued to ensure\n compliance with statutory, regulatory, and permit requirements. Department\n personnel performing inspections of confined animal feeding operations shall\n be certified under the voluntary nutrient management training and\n certification program established in § 10.1-104.2. The term of a\n certificate issued by the Board shall not be extended by modification beyond\n the maximum duration and the certificate shall expire at the end of the term\n unless an application for a new permit has been timely filed as required by\n the regulations of the Board and the Board is unable, through no fault of the\n permittee, to issue a new permit before the expiration date of the previous\n permit.\n\n 5b. Any certificate or land-disturbance approval issued by the Board under\n this chapter may, after notice and opportunity for a hearing, be amended or\n revoked on any of the following grounds or for good cause as may be provided\n by the regulations of the Board:\n\n 1. The owner has violated any regulation or order of the Board, any\n condition of a certificate or land-disturbance approval, any provision of\n this chapter, or any order of a court, where such violation results in a\n release of harmful substances into the environment, poses a substantial\n threat of release of harmful substances into the environment, causes\n unreasonable property degradation, or presents a hazard to human health or\n the violation is representative of a pattern of serious or repeated\n violations which, in the opinion of the Board, demonstrates the\n owner’s disregard for or inability to comply with applicable laws,\n regulations, or requirements;\n\n 2. The owner has failed to disclose fully all relevant material facts or has\n misrepresented a material fact in applying for a certificate or\n land-disturbance approval, or in any other report or document required under\n this law or under the regulations of the Board;\n\n 3. The activity for which the certificate or land-disturbance approval was\n issued endangers human health or the environment or causes unreasonable\n property degradation and can be regulated to acceptable levels or practices\n by amendment or revocation of the certificate or land-disturbance approval;\n or\n\n 4. There exists a material change in the basis on which the certificate,\n land-disturbance approval, or permit was issued that requires either a\n temporary or a permanent reduction or elimination of any discharge or\n land-disturbing activity controlled by the certificate, land-disturbance\n approval, or permit necessary to protect human health or the environment or\n stop or prevent unreasonable degradation of property.\n\n 5c. Any certificate issued by the Board under this chapter relating to\n dredging projects governed under Chapter 12 (§ 28.2-1200 et seq.) or\n Chapter 13 (§ 28.2-1300 et seq.) of Title 28.2 may be conditioned upon a\n demonstration of financial responsibility for the completion of compensatory\n mitigation requirements. Financial responsibility may be demonstrated by a\n letter of credit, a certificate of deposit, or a performance bond executed in\n a form approved by the Board. If the U.S. Army Corps of Engineers requires\n demonstration of financial responsibility for the completion of compensatory\n mitigation required for a particular project, then the mechanism and amount\n approved by the U.S. Army Corps of Engineers shall be used to meet this\n requirement.\n\n6. To make investigations and inspections, to ensure compliance with the\nconditions of any certificates, land-disturbance approvals, standards, policies,\nrules, regulations, rulings, and orders that it may adopt, issue, or establish,\nand to furnish advice, recommendations, or instructions for the purpose of\nobtaining such compliance. In recognition of §§ 32.1-164 and\n62.1-44.18, the Board and the State Department of Health shall enter into a\nmemorandum of understanding establishing a common format to consolidate and\nsimplify inspections of sewage treatment plants and coordinate the scheduling of\nthe inspections. The new format shall ensure that all sewage treatment plants\nare inspected at appropriate intervals in order to protect water quality and\npublic health and at the same time avoid any unnecessary administrative burden\non those being inspected.\n\n7. To adopt rules governing the procedure of the Board with respect to (a)\nhearings; (b) the filing of reports; (c) the issuance of certificates and\norders; and (d) all other matters relating to procedure; and to amend or cancel\nany rule adopted. Public notice of every rule adopted under this section shall\nbe by such means as the Board may prescribe.\n\n 8a. Except as otherwise provided in subdivision (19) and Article 2.3 (§\n 62.1-44.15:24 et seq.), to issue special orders to owners, including owners as\n defined in § 62.1-44.15:24, who (i) are permitting or causing the\n pollution, as defined by § 62.1-44.3, of state waters or the unreasonable\n degradation of property to cease and desist from such pollution or\n degradation, (ii) have failed to construct facilities in accordance with final\n approved plans and specifications to construct such facilities in accordance\n with final approved plans and specifications, (iii) have violated the terms\n and provisions of a certificate or land-disturbance approval issued by the\n Board to comply with such terms and provisions, (iv) have failed to comply\n with a directive from the Board to comply with such directive, (v) have\n contravened duly adopted and promulgated water quality standards and policies\n to cease and desist from such contravention and to comply with such water\n quality standards and policies, (vi) have violated the terms and provisions of\n a pretreatment permit issued by the Board or by the owner of a publicly owned\n treatment works to comply with such terms and provisions, or (vii) have\n contravened any applicable pretreatment standard or requirement to comply with\n such standard or requirement; and also to issue such orders to require any\n owner to comply with the provisions of this chapter and any decision of the\n Board. Except as otherwise provided by a separate article, orders issued\n pursuant to this subdivision may include civil penalties of up to $ 32,500 per\n violation, not to exceed $ 100,000 per order. The Board may assess penalties\n under this subdivision if (a) the person has been issued at least two written\n notices of alleged violation by the Department for the same or substantially\n related violations at the same site, (b) such violations have not been\n resolved by demonstration that there was no violation, by an order issued by\n the Board or the Director, or by other means, (c) at least 130 days have\n passed since the issuance of the first notice of alleged violation, and (d)\n there is a finding that such violations have occurred after a hearing\n conducted in accordance with subdivision (8b). The actual amount of any\n penalty assessed shall be based upon the severity of the violations, the\n extent of any potential or actual environmental harm, the compliance history\n of the facility or person, any economic benefit realized from the\n noncompliance, and the ability of the person to pay the penalty. The Board\n shall provide the person with the calculation for the proposed penalty prior\n to any hearing conducted for the issuance of an order that assesses penalties\n pursuant to this subdivision. The issuance of a notice of alleged violation by\n the Department shall not be considered a case decision as defined in §\n 2.2-4001. Any notice of alleged violation shall include a description of each\n violation, the specific provision of law violated, and information on the\n process for obtaining a final decision or fact finding from the Department on\n whether or not a violation has occurred, and nothing in this section shall\n preclude an owner from seeking such a determination. Such civil penalties\n shall be paid into the state treasury and deposited by the State Treasurer\n into the Virginia Environmental Emergency Response Fund (§ 10.1-2500 et\n seq.), except that civil penalties assessed for violations of Article 9\n (§ 62.1-44.34:8 et seq.) or Article 11 (§ 62.1-44.34:14 et seq.)\n shall be paid into the Virginia Petroleum Storage Tank Fund in accordance with\n § 62.1-44.34:11, and except that civil penalties assessed for violations\n of subdivision (19) or Article 2.3 (§ 62.1-44.15:24 et seq.) shall be\n paid into the Stormwater Local Assistance Fund in accordance with §\n 62.1-44.15:29.1.\n\n 8b. Such special orders are to be issued only after a hearing before a hearing\n officer appointed by the Supreme Court in accordance with § 2.2-4020 or,\n if requested by the person, before a quorum of the Board with at least 30\n days’ notice to the affected owners, of the time, place, and purpose\n thereof, and they shall become effective not less than 15 days after service\n as provided in § 62.1-44.12, provided that if the Board finds that any\n such owner is grossly affecting or presents an imminent and substantial danger\n to (i) the public health, safety, or welfare, or the health of animals, fish,\n or aquatic life; (ii) a public water supply; or (iii) recreational,\n commercial, industrial, agricultural, or other reasonable uses, it may issue,\n without advance notice or hearing, an emergency special order directing the\n owner to cease such pollution or discharge immediately, and shall provide an\n opportunity for a hearing, after reasonable notice as to the time and place\n thereof to the owner, to affirm, modify, amend, or cancel such emergency\n special order. If an owner who has been issued such a special order or an\n emergency special order is not complying with the terms thereof, the Board may\n proceed in accordance with § 62.1-44.23, and where the order is based on\n a finding of an imminent and substantial danger, the court shall issue an\n injunction compelling compliance with the emergency special order pending a\n hearing by the Board. If an emergency special order requires cessation of a\n discharge, the Board shall provide an opportunity for a hearing within 48\n hours of the issuance of the injunction.\n\n 8c. The provisions of this section notwithstanding, the Board may proceed\n directly under § 62.1-44.32 for any past violation or violations of any\n provision of this chapter or any regulation duly promulgated hereunder.\n\n 8d. Except as otherwise provided in subdivision (19), subdivision 2 of §\n 62.1-44.15:25, or § 62.1-44.15:63, with the consent of any owner who has\n violated or failed, neglected, or refused to obey any regulation or order of\n the Board, any condition of a certificate, land-disturbance approval, or\n permit, or any provision of this chapter, the Board may provide, in an order\n issued by the Board against such person, for the payment of civil charges for\n past violations in specific sums not to exceed the limit specified in\n subsection (a) of § 62.1-44.32. Such civil charges shall be instead of\n any appropriate civil penalty which could be imposed under subsection (a) of\n § 62.1-44.32 and shall not be subject to the provisions of §\n 2.2-514. Such civil charges shall be paid into the state treasury and\n deposited by the State Treasurer into the Virginia Environmental Emergency\n Response Fund (§ 10.1-2500 et seq.), excluding civil charges assessed for\n violations of Article 9 (§ 62.1-44.34:8 et seq.) or 10 (§\n 62.1-44.34:10 et seq.) of Chapter 3.1, or a regulation, administrative or\n judicial order, or term or condition of approval relating to or issued under\n those articles, or civil charges assessed for violations of Article 2.3\n (§ 62.1-44.15:24 et seq.) or 2.5 (§ 62.1-44.15:67 et seq.) or a\n regulation, administrative or judicial order, or term or condition of approval\n relating to or issued under Article 2.3 or 2.5.\n \t\t\t\tThe amendments to this section adopted by the 1976 Session of the General\n Assembly shall not be construed as limiting or expanding any cause of action\n or any other remedy possessed by the Board prior to the effective date of said\n amendments.\n\n 8e. The Board shall develop and provide an opportunity for public comment on\n guidelines and procedures that contain specific criteria for calculating the\n appropriate penalty for each violation based upon the severity of the\n violations, the extent of any potential or actual environmental harm, the\n compliance history of the facility or person, any economic benefit realized\n from the noncompliance, and the ability of the person to pay the penalty.\n\n 8f. Before issuing a special order under subdivision (8a) or by consent under\n (8d), with or without an assessment of a civil penalty, to an owner of a\n sewerage system requiring corrective action to prevent or minimize overflows\n of sewage from such system, the Board shall provide public notice of and\n reasonable opportunity to comment on the proposed order. Any such order under\n subdivision (8d) may impose civil penalties in amounts up to the maximum\n amount authorized in § 309(g) of the Clean Water Act. Any person who\n comments on the proposed order shall be given notice of any hearing to be held\n on the terms of the order. In any hearing held, such person shall have a\n reasonable opportunity to be heard and to present evidence. If no hearing is\n held before issuance of an order under subdivision (8d), any person who\n commented on the proposed order may file a petition, within 30 days after the\n issuance of such order, requesting the Board to set aside such order and\n provide a formal hearing thereon. If the evidence presented by the petitioner\n in support of the petition is material and was not considered in the issuance\n of the order, the Board shall immediately set aside the order, provide a\n formal hearing, and make such petitioner a party. If the Board denies the\n petition, the Board shall provide notice to the petitioner and make available\n to the public the reasons for such denial, and the petitioner shall have the\n right to judicial review of such decision under § 62.1-44.29 if he meets\n the requirements thereof.\n\n 8g. To issue special orders for violations of this chapter to persons\n constructing or operating any natural gas transmission pipeline greater than\n 36 inches inside diameter. An order issued pursuant to this subdivision may\n include a civil penalty of up to $50,000 per violation, not to exceed $500,000\n per order. The Board may assess a penalty under this subdivision if (i) the\n person has been issued at least two written notices of alleged violation by\n the Department for violations involving the same pipeline; (ii) such\n violations have not been resolved by a demonstration that there was no\n violation, by an order issued by the Board or the Director, including an order\n pursuant to subdivision (8d), or by other means; and (iii) there is a finding\n that such violation occurred after a hearing was conducted (a) before a\n hearing officer appointed by the Supreme Court, (b) in accordance with §\n 2.2-4020, and (c) with at least 30 days’ notice to such person of the\n time, place, and purpose thereof. Such order shall become effective not less\n than 15 days after service as provided in § 62.1-44.12. The actual amount\n of any penalty assessed shall be based upon the severity of the violation, the\n extent of any potential or actual environmental harm, the compliance history\n of the person, any economic benefit realized from the noncompliance, and the\n ability of the person to pay the penalty. The Board shall provide the person\n with the calculation for the proposed penalty prior to any hearing conducted\n for the issuance of an order that assesses penalties pursuant to this\n subdivision. The issuance of a notice of alleged violation by the Department\n shall not be a case decision as defined in § 2.2-4001. Any notice of\n alleged violation shall include a description of each violation, the specific\n provision of law violated, and information on the process for obtaining a\n final decision or fact-finding from the Department on whether or not a\n violation has occurred, and nothing in this subdivision shall preclude a\n person from seeking such a determination. Such civil penalties shall be paid\n into the state treasury and deposited by the State Treasurer into the Virginia\n Environmental Emergency Response Fund (§ 10.1-2500 et seq.), except that\n civil penalties assessed for violations of Article 2.3 (§ 62.1-44.15:24\n et seq.) or 2.4 (§ 62.1-44.15:51 et seq.) shall be paid into the state\n treasury and deposited by the State Treasurer into the Virginia Stormwater\n Management Fund (§ 62.1-44.15:29).\n\n9. To make such rulings under §§ 62.1-44.16, 62.1-44.17, and\n62.1-44.19 as may be required upon requests or applications to the Board, the\nowner or owners affected to be notified by certified mail as soon as practicable\nafter the Board makes them and such rulings to become effective upon such\nnotification.\n\n10. To adopt such regulations as it deems necessary to enforce the general soil\nerosion control and stormwater management program and water quality management\nprogram of the Board in all or part of the Commonwealth, except that a\ndescription of provisions of any proposed regulation which are more restrictive\nthan applicable federal requirements, together with the reason why the more\nrestrictive provisions are needed, shall be provided to the standing committee\nof each house of the General Assembly to which matters relating to the content\nof the regulation are most properly referable.\n\n11. To investigate any large-scale killing of fish.\n\n a. Whenever the Board shall determine that any owner, whether or not he shall\n have been issued a certificate for discharge of waste, has discharged sewage,\n industrial waste, or other waste into state waters in such quantity,\n concentration, or manner that fish are killed as a result thereof, it may\n effect such settlement with the owner as will cover the costs incurred by the\n Board and by the Department of Wildlife Resources in investigating such\n killing of fish, plus the replacement value of the fish destroyed, or as it\n deems proper, and if no such settlement is reached within a reasonable time,\n the Board shall authorize its executive secretary to bring a civil action in\n the name of the Board to recover from the owner such costs and value, plus any\n court or other legal costs incurred in connection with such action.\n\n b. If the owner is a political subdivision of the Commonwealth, the action may\n be brought in any circuit court within the territory embraced by such\n political subdivision. If the owner is an establishment, as defined in this\n chapter, the action shall be brought in the circuit court of the city or the\n circuit court of the county in which such establishment is located. If the\n owner is an individual or group of individuals, the action shall be brought in\n the circuit court of the city or circuit court of the county in which such\n person or any of them reside.\n\n c. For the purposes of this subdivision 11, the State Water Control Board\n shall be deemed the owner of the fish killed and the proceedings shall be as\n though the State Water Control Board were the owner of the fish. The fact that\n the owner has or held a certificate issued under this chapter shall not be\n raised as a defense in bar to any such action.\n\n d. The proceeds of any recovery had under this subdivision 11 shall, when\n received by the Board, be applied, first, to reimburse the Board for any\n expenses incurred in investigating such killing of fish. The balance shall be\n paid to the Board of Wildlife Resources to be used for the fisheries’\n management practices as in its judgment will best restore or replace the\n fisheries’ values lost as a result of such discharge of waste,\n including, where appropriate, replacement of the fish killed with game fish or\n other appropriate species. Any such funds received are hereby appropriated for\n that purpose.\n\n e. Nothing in this subdivision 11 shall be construed in any way to limit or\n prevent any other action which is now authorized by law by the Board against\n any owner.\n\n f. Notwithstanding the foregoing, the provisions of this subdivision 11 shall\n not apply to any owner who adds or applies any chemicals or other substances\n that are recommended or approved by the State Department of Health to state\n waters in the course of processing or treating such waters for public water\n supply purposes, except where negligence is shown.\n\n12. To administer programs of financial assistance for planning, construction,\noperation, and maintenance of water quality control facilities for political\nsubdivisions in the Commonwealth.\n\n13. To establish policies and programs for effective area-wide or basin-wide\nwater quality control and management. The Board may develop comprehensive\npollution abatement and water quality control plans on an area-wide or\nbasin-wide basis. In conjunction with this, the Board, when considering\nproposals for waste treatment facilities, is to consider the feasibility of\ncombined or joint treatment facilities and is to ensure that the approval of\nwaste treatment facilities is in accordance with the water quality management\nand pollution control plan in the watershed or basin as a whole. In making such\ndeterminations, the Board is to seek the advice of local, regional, or state\nplanning authorities.\n\n14. To establish requirements for the treatment of sewage, industrial wastes,\nand other wastes that are consistent with the purposes of this chapter; however,\nno treatment shall be less than secondary or its equivalent, unless the owner\ncan demonstrate that a lesser degree of treatment is consistent with the\npurposes of this chapter.\n\n15. To promote and establish requirements for the reclamation and reuse of\nwastewater that are protective of state waters and public health as an\nalternative to directly discharging pollutants into waters of the state. The\nrequirements shall address various potential categories of reuse and may include\ngeneral permits and provide for greater flexibility and less stringent\nrequirements commensurate with the quality of the reclaimed water and its\nintended use. The requirements shall be developed in consultation with the\nDepartment of Health and other appropriate state agencies. This authority shall\nnot be construed as conferring upon the Board any power or duty duplicative of\nthose of the State Board of Health.\n\n16. To establish and implement policies and programs to protect and enhance the\nCommonwealth’s wetland resources. Regulatory programs shall be designed to\nachieve no net loss of existing wetland acreage and functions. Voluntary and\nincentive-based programs shall be developed to achieve a net resource gain in\nacreage and functions of wetlands. The Board shall seek and obtain advice and\nguidance from the Virginia Institute of Marine Science in implementing these\npolicies and programs.\n\n17. To establish additional procedures for obtaining a Virginia Water Protection\nPermit pursuant to §§ 62.1-44.15:20 and 62.1-44.15:22 for a proposed\nwater withdrawal involving the transfer of water resources between major river\nbasins within the Commonwealth that may impact water basins in another state.\nSuch additional procedures shall not apply to any water withdrawal in existence\nas of July 1, 2012, except where the expansion of such withdrawal requires a\npermit under §§ 62.1-44.15:20 and 62.1-44.15:22, in which event such\nadditional procedures may apply to the extent of the expanded withdrawal only.\nThe applicant shall provide as part of the application (i) an analysis of\nalternatives to such a transfer, (ii) a comprehensive analysis of the impacts\nthat would occur in the source and receiving basins, (iii) a description of\nmeasures to mitigate any adverse impacts that may arise, (iv) a description of\nhow notice shall be provided to interested parties, and (v) any other\nrequirements that the Board may adopt that are consistent with the provisions of\nthis section and §§ 62.1-44.15:20 and 62.1-44.15:22 or regulations\nadopted thereunder. This subdivision shall not be construed as limiting or\nexpanding the Board’s authority under §§ 62.1-44.15:20 and\n62.1-44.15:22 to issue permits and impose conditions or limitations on the\npermitted activity.\n\n18. To be the lead agency for the Commonwealth’s nonpoint source pollution\nmanagement program, including coordination of the nonpoint source control\nelements of programs developed pursuant to certain state and federal laws,\nincluding § 319 of the federal Clean Water Act and § 6217 of the\nfederal Coastal Zone Management Act. Further responsibilities include the\nadoption of regulations necessary to implement a nonpoint source pollution\nmanagement program in the Commonwealth, the distribution of assigned funds, the\nidentification and establishment of priorities to address nonpoint source\nrelated water quality problems, the administration of the Statewide Nonpoint\nSource Advisory Committee, and the development of a program for the prevention\nand control of soil erosion, sediment deposition, and nonagricultural runoff to\nconserve Virginia’s natural resources.\n\n19. To review for compliance with the provisions of this chapter the Virginia\nErosion and Stormwater Management Programs adopted by localities pursuant to\n§ 62.1-44.15:27, the Virginia Erosion and Sediment Control Programs adopted\nby localities pursuant to subdivision B 3 of § 62.1-44.15:27, and the\nprograms adopted by localities pursuant to the Chesapeake Bay Preservation Act\n(§ 62.1-44.15:67 et seq.). The Board shall develop and implement a schedule\nfor conducting such program reviews as often as necessary but at least once\nevery five years. Following the completion of a compliance review in which\ndeficiencies are found, the Board shall establish a schedule for the locality to\nfollow in correcting the deficiencies and bringing its program into compliance.\nIf the locality fails to bring its program into compliance in accordance with\nthe compliance schedule, then the Board is authorized to (i) issue a special\norder to any locality imposing a civil penalty not to exceed $ 5,000 per\nviolation with the maximum amount not to exceed $ 50,000 per order for\nnoncompliance with the state program, to be paid into the state treasury and\ndeposited in the Stormwater Local Assistance Fund established in §\n62.1-44.15:29.1 or (ii) with the consent of the locality, provide in an order\nissued against the locality for the payment of civil charges for violations in\nlieu of civil penalties, in specific sums not to exceed the limit stated in this\nsubdivision. Such civil charges shall be in lieu of any appropriate civil\npenalty that could be imposed under subsection (a) of § 62.1-44.32 and\nshall not be subject to the provisions of § 2.2-514. The Board shall not\ndelegate to the Department its authority to issue special orders pursuant to\nclause (i). In lieu of issuing an order, the Board is authorized to take legal\naction against a locality pursuant to § 62.1-44.23 to ensure compliance.\n\nHISTORY: Code 1950, \u00a7 62.1-27; 1968, c. 659; 1970, c. 638; 1972, c. 741; 1975,\nc. 335; 1976, c. 621; 1977, c. 32; 1978, c. 827; 1984, c. 11; 1985, cc. 249,\n397; 1988, cc. 167, 328; 1989, c. 389; 1990, c. 717; 1991, cc. 239, 718; 1993,\nc. 456; 1994, c. 698; 1998, cc. 805, 863; 2000, cc. 972, 1032, 1054; 2002, cc.\n49, 396; 2004, c. 431; 2005, c. 706; 2007, cc. 144, 633, 873, 916; 2011, cc. 52,\n101; 2012, cc. 574, 581; 2013, cc. 756, 793; 2016, cc. 68, 758; 2020, cc. 449,\n958.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}