{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_4.html"}],"law_id":81958,"edition_id":1,"section_id":81958,"structure_id":13015,"section_number":"62.1-44.15:4","catch_line":"Notification of local governments and property owners","history":"1988, c. 434; 1996, c. 160; 1997, c. 581.","full_text":"A\n\nUpon determining that there has been a violation of a regulation promulgated under this chapter and such violation poses an imminent threat to the health, safety or welfare of the public, the Executive Director shall immediately notify the chief administrative officer of any potentially affected local government. Neither the Executive Director, the Commonwealth, nor any employee of the Commonwealth shall be liable for a failure to provide, or a delay in providing, the notification required by this subsection.B\n\nUpon receiving a nomination of a waterway or segment of a waterway for designation as an exceptional state water pursuant to the Board’s antidegradation policy, as required by 40 C.F.R. § 131.12, the Board shall notify each locality in which the waterway or segment lies and shall make a good faith effort to provide notice to impacted riparian property owners. The written notice shall include, at a minimum: (i) a description of the location of the waterway or segment; (ii) the procedures and criteria for designation as well as the impact of designation; (iii) the name of the person making the nomination; and (iv) the name of a contact person at the Department of Environmental Quality who is knowledgeable about the nomination and the waterway or segment. Notice to property owners shall be based on names and addresses taken from local tax rolls. Such names and addresses shall be provided by the Commissioners of the Revenue or the tax assessor’s office of the affected jurisdictions upon request by the Board. After receipt of the notice of the nomination localities shall be provided sixty days to comment on the consistency of the nomination with the locality’s comprehensive plan.C\n\nUpon determining that a waterway or any segment of a waterway does not meet its water quality standard use designation as set out in the Board’s regulations and as required by § 1313 (d) of the federal Clean Water Act (33 U.S.C. § 1251 et seq.) and 40 C.F.R. § 130.7 (b), the Board shall notify each locality in which the waterway or segment lies. The written notification shall include, at a minimum: (i) a description of the reasons the waters do not meet the water quality standard including specific parameters and criteria not met; (ii) a layman’s description of the location of the waters; (iii) the known sources of the pollution; and (iv) the name of a contact person at the Department of Environmental Quality who is knowledgeable about the failure of the waterway or segment to meet the standards. After receipt of the notification, local governments shall have thirty days to comment.D\n\nUpon receipt of an application for the issuance of a new or modified permit other than those for agricultural production or aquacultural production activities, the Board shall notify, in writing, the locality wherein the discharge does or is proposed to take place of, at a minimum: (i) the name of the applicant; (ii) the nature of the application and proposed discharge; (iii) the availability and timing of any comment period; and (iv) upon request, any other information known to, or in the possession of, the Board or the Department regarding the applicant not required to be held confidential by this chapter. The Board shall make a good faith effort to provide this same notice and information to (i) each locality and riparian property owner to a distance one quarter mile downstream and one quarter mile upstream or to the fall line whichever is closer on tidal waters, and (ii) each locality and riparian property owner to a distance one half mile downstream on nontidal waters. Distances shall be measured from the point, or proposed point, of discharge. If the receiving river, at the point or proposed point of discharge, is two miles wide or greater, the riparian property owners on the opposite shore need not be notified. Notice to property owners shall be based on names and addresses taken from local tax rolls. Such names and addresses shall be provided by the Commissioners of the Revenue or the tax assessor’s office of the affected jurisdictions upon request by the Board.E\n\nUpon the commencement of public notice of an enforcement action pursuant to this chapter, the Board shall notify, in writing, the locality where the alleged offense has or is taking place of: (i) the name of the alleged violator; (ii) the facts of the alleged violation; (iii) the statutory remedies for the alleged violation; (iv) the availability and timing of any comment period; and (v) the name of a contact person at the Department of Environmental Quality who is knowledgeable about the alleged violation.F\n\nThe comment periods established in subsections B and C shall in no way impact a locality’s ability to comment during any additional comment periods established by the Board.","order_by":null,"text":{"0":{"id":293658,"text":"Upon determining that there has been a violation of a regulation promulgated under this chapter and such violation poses an imminent threat to the health, safety or welfare of the public, the Executive Director shall immediately notify the chief administrative officer of any potentially affected local government. Neither the Executive Director, the Commonwealth, nor any employee of the Commonwealth shall be liable for a failure to provide, or a delay in providing, the notification required by this subsection.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":293659,"text":"Upon receiving a nomination of a waterway or segment of a waterway for designation as an exceptional state water pursuant to the Board’s antidegradation policy, as required by 40 C.F.R. § 131.12, the Board shall notify each locality in which the waterway or segment lies and shall make a good faith effort to provide notice to impacted riparian property owners. The written notice shall include, at a minimum: (i) a description of the location of the waterway or segment; (ii) the procedures and criteria for designation as well as the impact of designation; (iii) the name of the person making the nomination; and (iv) the name of a contact person at the Department of Environmental Quality who is knowledgeable about the nomination and the waterway or segment. Notice to property owners shall be based on names and addresses taken from local tax rolls. Such names and addresses shall be provided by the Commissioners of the Revenue or the tax assessor’s office of the affected jurisdictions upon request by the Board. After receipt of the notice of the nomination localities shall be provided sixty days to comment on the consistency of the nomination with the locality’s comprehensive plan.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":293660,"text":"Upon determining that a waterway or any segment of a waterway does not meet its water quality standard use designation as set out in the Board’s regulations and as required by § 1313 (d) of the federal Clean Water Act (33 U.S.C. § 1251 et seq.) and 40 C.F.R. § 130.7 (b), the Board shall notify each locality in which the waterway or segment lies. The written notification shall include, at a minimum: (i) a description of the reasons the waters do not meet the water quality standard including specific parameters and criteria not met; (ii) a layman’s description of the location of the waters; (iii) the known sources of the pollution; and (iv) the name of a contact person at the Department of Environmental Quality who is knowledgeable about the failure of the waterway or segment to meet the standards. After receipt of the notification, local governments shall have thirty days to comment.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":293661,"text":"Upon receipt of an application for the issuance of a new or modified permit other than those for agricultural production or aquacultural production activities, the Board shall notify, in writing, the locality wherein the discharge does or is proposed to take place of, at a minimum: (i) the name of the applicant; (ii) the nature of the application and proposed discharge; (iii) the availability and timing of any comment period; and (iv) upon request, any other information known to, or in the possession of, the Board or the Department regarding the applicant not required to be held confidential by this chapter. The Board shall make a good faith effort to provide this same notice and information to (i) each locality and riparian property owner to a distance one quarter mile downstream and one quarter mile upstream or to the fall line whichever is closer on tidal waters, and (ii) each locality and riparian property owner to a distance one half mile downstream on nontidal waters. Distances shall be measured from the point, or proposed point, of discharge. If the receiving river, at the point or proposed point of discharge, is two miles wide or greater, the riparian property owners on the opposite shore need not be notified. Notice to property owners shall be based on names and addresses taken from local tax rolls. Such names and addresses shall be provided by the Commissioners of the Revenue or the tax assessor’s office of the affected jurisdictions upon request by the Board.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":293662,"text":"Upon the commencement of public notice of an enforcement action pursuant to this chapter, the Board shall notify, in writing, the locality where the alleged offense has or is taking place of: (i) the name of the alleged violator; (ii) the facts of the alleged violation; (iii) the statutory remedies for the alleged violation; (iv) the availability and timing of any comment period; and (v) the name of a contact person at the Department of Environmental Quality who is knowledgeable about the alleged violation.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":293663,"text":"The comment periods established in subsections B and C shall in no way impact a locality’s ability to comment during any additional comment periods established by the Board.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:4\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 434 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1996, chapter 160<\/a>; in 1997, chapter 581<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":269401,"object_type":"law","relational_id":81958,"identifier":"62.1-44.15:4","token":"62.1\/3.1\/2\/62.1-44.15_4","url":"\/62.1-44.15_4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_4\/","token":"62.1\/3.1\/2\/62.1-44.15_4","dublin_core":{"Title":"Notification of local governments and property owners","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon determining that there has been a violation of a regulation<\/span> promulgated under this chapter and such violation poses an imminent threat to the health, safety or welfare of the public, the Executive Director<\/span> shall immediately notify the chief administrative officer of any potentially affected local government. Neither the Executive Director<\/span>, the Commonwealth, nor any employee of the Commonwealth shall be liable for a failure to provide, or a delay in providing, the notification required by this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon receiving a nomination of a waterway or segment of a waterway for designation as an exceptional state water pursuant to the Board<\/span>’s antidegradation policy, as required by 40 C.F.R. § 131.12, the Board<\/span> shall notify each locality in which the waterway or segment lies and shall make a good faith effort to provide notice to impacted riparian property owners<\/span>. The written notice shall include, at a minimum: (i) a description of the location of the waterway or segment; (ii) the procedures and criteria for designation as well as the impact of designation; (iii) the name of the person<\/span> making the nomination; and (iv) the name of a contact person<\/span> at the Department<\/span> of Environmental Quality who is knowledgeable about the nomination and the waterway or segment. Notice to property owners<\/span> shall be based on names and addresses taken from local tax rolls. Such names and addresses shall be provided by the Commissioners of the Revenue or the tax assessor’s office of the affected jurisdictions<\/span> upon request by the Board<\/span>. After receipt of the notice of the nomination localities shall be provided sixty days to comment on the consistency of the nomination with the locality’s comprehensive plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon determining that a waterway or any segment of a waterway does not meet its water quality standard use designation as set out in the Board<\/span>’s regulations<\/span> and as required by § 1313 (d) of the federal Clean Water Act (33 U.S.C. § 1251 et seq.) and 40 C.F.R. § 130.7 (b), the Board<\/span> shall notify each locality in which the waterway or segment lies. The written notification shall include, at a minimum: (i) a description of the reasons the waters do not meet the water quality standard including specific parameters and criteria not met; (ii) a layman’s description of the location of the waters; (iii) the known sources of the pollution<\/span>; and (iv) the name of a contact person<\/span> at the Department<\/span> of Environmental Quality who is knowledgeable about the failure of the waterway or segment to meet the standards<\/span>. After receipt of the notification, local governments shall have thirty days to comment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon receipt of an application for the issuance of a new or modified permit other than those for agricultural production or aquacultural production activities, the Board<\/span> shall notify, in writing, the locality wherein the discharge does or is proposed to take place of, at a minimum: (i) the name of the applicant; (ii) the nature of the application and proposed discharge; (iii) the availability and timing of any comment period; and (iv) upon request, any other information known to, or in the possession<\/span> of, the Board<\/span> or the Department<\/span> regarding the applicant not required to be held confidential by this chapter. The Board<\/span> shall make a good faith effort to provide this same notice and information to (i) each locality and riparian property owner<\/span> to a distance one quarter mile downstream and one quarter mile upstream or to the fall line whichever is closer on tidal waters, and (ii) each locality and riparian property owner<\/span> to a distance one half mile downstream on nontidal waters. Distances shall be measured from the point, or proposed point, of discharge. If the receiving river, at the point or proposed point of discharge, is two miles wide or greater, the riparian property owners<\/span> on the opposite shore need not be notified. Notice to property owners<\/span> shall be based on names and addresses taken from local tax rolls. Such names and addresses shall be provided by the Commissioners of the Revenue or the tax assessor’s office of the affected jurisdictions<\/span> upon request by the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon the commencement of public notice of an enforcement action pursuant to this chapter, the Board<\/span> shall notify, in writing, the locality where the alleged offense<\/span> has or is taking place of: (i) the name of the alleged violator; (ii) the facts<\/span> of the alleged violation; (iii) the statutory remedies for the alleged violation; (iv) the availability and timing of any comment period; and (v) the name of a contact person<\/span> at the Department<\/span> of Environmental Quality who is knowledgeable about the alleged violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The comment periods established in subsections B and C shall in no way impact a locality’s ability to comment during any additional comment periods established by the Board<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTIFICATION OF LOCAL GOVERNMENTS AND PROPERTY OWNERS (\u00a7 62.1-44.15:4)\n\nA. Upon determining that there has been a violation of a regulation promulgated\nunder this chapter and such violation poses an imminent threat to the health,\nsafety or welfare of the public, the Executive Director shall immediately notify\nthe chief administrative officer of any potentially affected local government.\nNeither the Executive Director, the Commonwealth, nor any employee of the\nCommonwealth shall be liable for a failure to provide, or a delay in providing,\nthe notification required by this subsection.\n\nB. Upon receiving a nomination of a waterway or segment of a waterway for\ndesignation as an exceptional state water pursuant to the Board’s\nantidegradation policy, as required by 40 C.F.R. § 131.12, the Board shall\nnotify each locality in which the waterway or segment lies and shall make a good\nfaith effort to provide notice to impacted riparian property owners. The written\nnotice shall include, at a minimum: (i) a description of the location of the\nwaterway or segment; (ii) the procedures and criteria for designation as well as\nthe impact of designation; (iii) the name of the person making the nomination;\nand (iv) the name of a contact person at the Department of Environmental Quality\nwho is knowledgeable about the nomination and the waterway or segment. Notice to\nproperty owners shall be based on names and addresses taken from local tax\nrolls. Such names and addresses shall be provided by the Commissioners of the\nRevenue or the tax assessor’s office of the affected jurisdictions upon\nrequest by the Board. After receipt of the notice of the nomination localities\nshall be provided sixty days to comment on the consistency of the nomination\nwith the locality’s comprehensive plan.\n\nC. Upon determining that a waterway or any segment of a waterway does not meet\nits water quality standard use designation as set out in the Board’s\nregulations and as required by § 1313 (d) of the federal Clean Water Act\n(33 U.S.C. § 1251 et seq.) and 40 C.F.R. § 130.7 (b), the Board shall\nnotify each locality in which the waterway or segment lies. The written\nnotification shall include, at a minimum: (i) a description of the reasons the\nwaters do not meet the water quality standard including specific parameters and\ncriteria not met; (ii) a layman’s description of the location of the\nwaters; (iii) the known sources of the pollution; and (iv) the name of a contact\nperson at the Department of Environmental Quality who is knowledgeable about the\nfailure of the waterway or segment to meet the standards. After receipt of the\nnotification, local governments shall have thirty days to comment.\n\nD. Upon receipt of an application for the issuance of a new or modified permit\nother than those for agricultural production or aquacultural production\nactivities, the Board shall notify, in writing, the locality wherein the\ndischarge does or is proposed to take place of, at a minimum: (i) the name of\nthe applicant; (ii) the nature of the application and proposed discharge; (iii)\nthe availability and timing of any comment period; and (iv) upon request, any\nother information known to, or in the possession of, the Board or the Department\nregarding the applicant not required to be held confidential by this chapter.\nThe Board shall make a good faith effort to provide this same notice and\ninformation to (i) each locality and riparian property owner to a distance one\nquarter mile downstream and one quarter mile upstream or to the fall line\nwhichever is closer on tidal waters, and (ii) each locality and riparian\nproperty owner to a distance one half mile downstream on nontidal waters.\nDistances shall be measured from the point, or proposed point, of discharge. If\nthe receiving river, at the point or proposed point of discharge, is two miles\nwide or greater, the riparian property owners on the opposite shore need not be\nnotified. Notice to property owners shall be based on names and addresses taken\nfrom local tax rolls. Such names and addresses shall be provided by the\nCommissioners of the Revenue or the tax assessor’s office of the affected\njurisdictions upon request by the Board.\n\nE. Upon the commencement of public notice of an enforcement action pursuant to\nthis chapter, the Board shall notify, in writing, the locality where the alleged\noffense has or is taking place of: (i) the name of the alleged violator; (ii)\nthe facts of the alleged violation; (iii) the statutory remedies for the alleged\nviolation; (iv) the availability and timing of any comment period; and (v) the\nname of a contact person at the Department of Environmental Quality who is\nknowledgeable about the alleged violation.\n\nF. The comment periods established in subsections B and C shall in no way impact\na locality’s ability to comment during any additional comment periods\nestablished by the Board.\n\nHISTORY: 1988, c. 434; 1996, c. 160; 1997, c. 581.","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}}