{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.16.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.16.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.16.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.16.html"}],"law_id":75714,"edition_id":1,"section_id":75714,"structure_id":16405,"section_number":"62.1-44.16","catch_line":"Industrial wastes","history":"1970, c. 638; 2015, cc. 104, 677; 2018, c. 552.","full_text":"A\n\nAny owner who erects, constructs, opens, reopens, expands, or employs new processes in or operates any establishment from which there is a potential or actual discharge of industrial wastes or other wastes to state waters shall first provide facilities approved by the Board for the treatment or control of such industrial wastes or other wastes.\n\t\t\tApplication for such discharge shall be made to the Board and shall be accompanied by pertinent plans, specifications, maps, and such other relevant information as may be required, in scope and details satisfactory to the Board.1\n\nPublic notice of every such application shall be given by notice published once a week for two successive weeks in a newspaper of general circulation in the county or city where the certificate is applied for or by such other means as the Board may prescribe. However, to the extent authorized by federal law and if the permit applicant so chooses, an abbreviated public notice shall be published in such newspaper listing the name of the permitted facility, the type of discharge, and a link to the Department’s website with such public notice.2\n\nThe Board shall review the application and the information that accompanies it as soon as practicable and making a ruling within a period of four months from the date the application is filed with the Board approving or disapproving the application and stating the grounds for conditional approval or disapproval. If the application is approved, the Board shall grant a certificate for the discharge of the industrial wastes or other wastes into state waters or for the other alteration of the physical, chemical, or biological properties of state waters, as the case may be. If the application is disapproved, the Board shall notify the owner as to what measures, if any, the owner may take to secure approval.B\n\nAny owner operating under a valid certificate issued by the Board who fails to meet water quality standards established by the Board solely as a result of a change in water quality standards or in the law shall provide the necessary facilities approved by the Board within a reasonable time to meet such new requirements; provided, however, that such facilities shall be reasonable and practicable of attainment giving consideration to the public interest and the equities of the case. The Board may amend such certificate, or revoke it and issue a new one to reflect such facilities after proper hearing, with at least thirty days’ notice to the owner of the time, place, and purpose thereof. If such revocation or amendment of a certificate is mutually agreeable to the Board and the owner involved, the hearing and notice may be dispensed with.C\n\nThe Board shall revoke the certificate in case of a failure to comply with all such requirements and may issue a special order under subdivisions (8a), (8b), and (8c) of § 62.1-44.15 (8).D\n\nAny locality may adopt an ordinance that provides for the testing and monitoring of the land application of solid or semisolid industrial wastes within its political boundaries to ensure compliance with applicable laws and regulations.E\n\nThe Board shall adopt regulations requiring the payment of a fee for the land application of solid or semisolid industrial wastes, pursuant to permits issued under this section, in localities that have adopted ordinances in accordance with subsection D. The person land applying industrial wastes shall (i) provide advance notice of the estimated fee to the generator of the industrial wastes unless notification is waived, (ii) collect the fee from the generator, and (iii) remit the fee to the Department of Environmental Quality as provided by regulation. The fee shall be imposed on each dry ton of solid or semisolid industrial wastes that is land applied in a locality in accordance with the regulations adopted by the Board. The regulations shall include requirements and procedures for:1\n\nCollection of fees by the Department of Environmental Quality;2\n\nThe deposit of collected fees into the Sludge Management Fund established by subsection G of § 62.1-44.19:3; and3\n\nDisbursement of proceeds from the Sludge Management Fund by the Department of Environmental Quality pursuant to subsection G of § 62.1-44.19:3.F\n\nThe Department, in consultation with the Department of Health, the Department of Conservation and Recreation, the Department of Agriculture and Consumer Services, and the Virginia Cooperative Extension Service, shall establish and implement a program to train persons employed by those local governments that have adopted ordinances, pursuant to this section, to test and monitor the land application of industrial wastes. The program shall include, at a minimum, instruction in (i) the provisions of the Virginia Pollution Abatement Permit Regulation; (ii) land application methods and equipment, including methods and processes for preparation and stabilization of industrial wastes that are land applied; (iii) sampling and chain of custody control; (iv) preparation and implementation of nutrient management plans for land application sites; (v) complaint response and preparation of complaint and inspection reports; (vi) enforcement authority and procedures; (vii) interaction and communication with the public; and (viii) preparation of applications for reimbursement of local monitoring costs disbursed pursuant to subsection G of \u00a7 62.1-44.19:3. To the extent feasible, the program shall emphasize in-field instruction and practical training. Persons employed by local governments shall successfully complete such training before the local government may request reimbursement from the Board for testing and monitoring of land application of solid or semisolid industrial wastes performed by the person. The completion of training shall not be a prerequisite to the exercise of authority granted to local governments by any applicable provision of law.\n\t\t\tThe Department may:1\n\nCharge attendees a reasonable fee to recover the actual costs of preparing course materials and providing facilities and instructors for the program. The fee shall be reimbursable from the Fund established pursuant to subsection G of § 62.1-44.19:3; and2\n\nRequest and accept the assistance and participation of other state agencies and institutions in preparing and presenting the course of training established by this subsection.","order_by":null,"text":{"0":{"id":271875,"text":"Any owner who erects, constructs, opens, reopens, expands, or employs new processes in or operates any establishment from which there is a potential or actual discharge of industrial wastes or other wastes to state waters shall first provide facilities approved by the Board for the treatment or control of such industrial wastes or other wastes.\n\t\t\tApplication for such discharge shall be made to the Board and shall be accompanied by pertinent plans, specifications, maps, and such other relevant information as may be required, in scope and details satisfactory to the Board.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":271876,"text":"Public notice of every such application shall be given by notice published once a week for two successive weeks in a newspaper of general circulation in the county or city where the certificate is applied for or by such other means as the Board may prescribe. However, to the extent authorized by federal law and if the permit applicant so chooses, an abbreviated public notice shall be published in such newspaper listing the name of the permitted facility, the type of discharge, and a link to the Department’s website with such public notice.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":271877,"text":"The Board shall review the application and the information that accompanies it as soon as practicable and making a ruling within a period of four months from the date the application is filed with the Board approving or disapproving the application and stating the grounds for conditional approval or disapproval. If the application is approved, the Board shall grant a certificate for the discharge of the industrial wastes or other wastes into state waters or for the other alteration of the physical, chemical, or biological properties of state waters, as the case may be. If the application is disapproved, the Board shall notify the owner as to what measures, if any, the owner may take to secure approval.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":271878,"text":"Any owner operating under a valid certificate issued by the Board who fails to meet water quality standards established by the Board solely as a result of a change in water quality standards or in the law shall provide the necessary facilities approved by the Board within a reasonable time to meet such new requirements; provided, however, that such facilities shall be reasonable and practicable of attainment giving consideration to the public interest and the equities of the case. The Board may amend such certificate, or revoke it and issue a new one to reflect such facilities after proper hearing, with at least thirty days’ notice to the owner of the time, place, and purpose thereof. If such revocation or amendment of a certificate is mutually agreeable to the Board and the owner involved, the hearing and notice may be dispensed with.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":271879,"text":"The Board shall revoke the certificate in case of a failure to comply with all such requirements and may issue a special order under subdivisions (8a), (8b), and (8c) of § 62.1-44.15 (8).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":271880,"text":"Any locality may adopt an ordinance that provides for the testing and monitoring of the land application of solid or semisolid industrial wastes within its political boundaries to ensure compliance with applicable laws and regulations.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":271881,"text":"The Board shall adopt regulations requiring the payment of a fee for the land application of solid or semisolid industrial wastes, pursuant to permits issued under this section, in localities that have adopted ordinances in accordance with subsection D. The person land applying industrial wastes shall (i) provide advance notice of the estimated fee to the generator of the industrial wastes unless notification is waived, (ii) collect the fee from the generator, and (iii) remit the fee to the Department of Environmental Quality as provided by regulation. The fee shall be imposed on each dry ton of solid or semisolid industrial wastes that is land applied in a locality in accordance with the regulations adopted by the Board. The regulations shall include requirements and procedures for:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"7":{"id":271882,"text":"Collection of fees by the Department of Environmental Quality;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"8":{"id":271883,"text":"The deposit of collected fees into the Sludge Management Fund established by subsection G of § 62.1-44.19:3; and","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"9":{"id":271884,"text":"Disbursement of proceeds from the Sludge Management Fund by the Department of Environmental Quality pursuant to subsection G of § 62.1-44.19:3.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"F"},"10":{"id":271885,"text":"The Department, in consultation with the Department of Health, the Department of Conservation and Recreation, the Department of Agriculture and Consumer Services, and the Virginia Cooperative Extension Service, shall establish and implement a program to train persons employed by those local governments that have adopted ordinances, pursuant to this section, to test and monitor the land application of industrial wastes. The program shall include, at a minimum, instruction in (i) the provisions of the Virginia Pollution Abatement Permit Regulation; (ii) land application methods and equipment, including methods and processes for preparation and stabilization of industrial wastes that are land applied; (iii) sampling and chain of custody control; (iv) preparation and implementation of nutrient management plans for land application sites; (v) complaint response and preparation of complaint and inspection reports; (vi) enforcement authority and procedures; (vii) interaction and communication with the public; and (viii) preparation of applications for reimbursement of local monitoring costs disbursed pursuant to subsection G of \u00a7 62.1-44.19:3. To the extent feasible, the program shall emphasize in-field instruction and practical training. Persons employed by local governments shall successfully complete such training before the local government may request reimbursement from the Board for testing and monitoring of land application of solid or semisolid industrial wastes performed by the person. The completion of training shall not be a prerequisite to the exercise of authority granted to local governments by any applicable provision of law.\n\t\t\tThe Department may:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E3","next_prefix":"F1"},"11":{"id":271886,"text":"Charge attendees a reasonable fee to recover the actual costs of preparing course materials and providing facilities and instructors for the program. The fee shall be reimbursable from the Fund established pursuant to subsection G of § 62.1-44.19:3; and","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"12":{"id":271887,"text":"Request and accept the assistance and participation of other state agencies and institutions in preparing and presenting the course of training established by this subsection.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1"}},"ancestry":[{"id":16405,"edition_id":1,"name":"Regulation of Industrial Establishments","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 04:16:54","date_modified":"2026-06-26 04:16:54","permalink":{"id":269781,"object_type":"structure","relational_id":16405,"identifier":"3","token":"62.1\/3.1\/3","url":"\/62.1\/3.1\/3\/","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":75714,"structure_id":16405,"section_number":"62.1-44.16","catch_line":"Industrial wastes","url":"\/62.1-44.16\/","token":"62.1\/3.1\/3\/62.1-44.16","metadata":false},{"id":68060,"structure_id":16405,"section_number":"62.1-44.16:1","catch_line":"Local enforcement of industrial waste permits","url":"\/62.1-44.16_1\/","token":"62.1\/3.1\/3\/62.1-44.16_1","metadata":false},{"id":78362,"structure_id":16405,"section_number":"62.1-44.17","catch_line":"Other wastes","url":"\/62.1-44.17\/","token":"62.1\/3.1\/3\/62.1-44.17","metadata":false},{"id":73051,"structure_id":16405,"section_number":"62.1-44.17:1","catch_line":"Permits for confined animal feeding operations","url":"\/62.1-44.17_1\/","token":"62.1\/3.1\/3\/62.1-44.17_1","metadata":false},{"id":83087,"structure_id":16405,"section_number":"62.1-44.17:1.1","catch_line":"Poultry waste management program","url":"\/62.1-44.17_1.1\/","token":"62.1\/3.1\/3\/62.1-44.17_1.1","metadata":false}],"next_section":{"id":68060,"structure_id":16405,"section_number":"62.1-44.16:1","catch_line":"Local enforcement of industrial waste permits","url":"\/62.1-44.16_1\/","token":"62.1\/3.1\/3\/62.1-44.16_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.16\/","history_text":"

This law was first created in 1970. The record of its establishment is cataloged in chapter 638 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 1970 \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 2015, chapters 104<\/a> and 677<\/a>; in 2018, chapter 552<\/a>.<\/p>","references":[{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"id":68060,"section_number":"62.1-44.16:1","catch_line":"Local enforcement of industrial waste permits","order_by":null,"url":"\/62.1-44.16_1\/"},{"id":58577,"section_number":"62.1-44.19:3","catch_line":"Prohibition on land application, marketing, and distribution of sewage sludge without permit; ordinances; notice requirement; fees","order_by":null,"url":"\/62.1-44.19_3\/"},{"id":71038,"section_number":"62.1-44.25","catch_line":"Right to hearing","order_by":null,"url":"\/62.1-44.25\/"},{"id":73113,"section_number":"62.1-44.29","catch_line":"Judicial review","order_by":null,"url":"\/62.1-44.29\/"}],"refers_to":[{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"id":58577,"section_number":"62.1-44.19:3","catch_line":"Prohibition on land application, marketing, and distribution of sewage sludge without permit; ordinances; notice requirement; fees","order_by":null,"url":"\/62.1-44.19_3\/"}],"permalink":{"id":269783,"object_type":"law","relational_id":75714,"identifier":"62.1-44.16","token":"62.1\/3.1\/3\/62.1-44.16","url":"\/62.1-44.16\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.16\/","token":"62.1\/3.1\/3\/62.1-44.16","dublin_core":{"Title":"Industrial wastes","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.16","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any owner<\/span> who erects, constructs, opens, reopens, expands, or employs new processes in or operates any establishment<\/span> from which there is a potential or actual discharge of industrial wastes<\/span> or other wastes<\/span> to state waters<\/span> shall first provide facilities approved by the Board<\/span> for the treatment or control of such industrial wastes<\/span> or other wastes<\/span>.\n\t\t\tApplication for such discharge shall be made to the Board<\/span> and shall be accompanied by pertinent plans, specifications, maps, and such other relevant information as may be required, in scope and details satisfactory to the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Public notice of every such application shall be given by notice published once a week for two successive weeks in a newspaper of general circulation in the county or city where the certificate<\/span> is applied for or by such other means as the Board<\/span> may prescribe. However, to the extent authorized by federal law<\/span> and if the permit applicant so chooses, an abbreviated public notice shall be published in such newspaper listing the name of the permitted facility, the type of discharge, and a link to the Department<\/span>’s website with such public notice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Board<\/span> shall review the application and the information that accompanies it as soon as practicable and making a ruling<\/span> within a period of four months from the date the application is filed with the Board<\/span> approving or disapproving the application and stating the grounds for conditional approval or disapproval. If the application is approved, the Board<\/span> shall grant a certificate<\/span> for the discharge of the industrial wastes<\/span> or other wastes<\/span> into state waters<\/span> or for the other alteration of the physical, chemical, or biological properties of state waters<\/span>, as the case may be. If the application is disapproved, the Board<\/span> shall notify the owner<\/span> as to what measures, if any, the owner<\/span> may take to secure approval. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any owner<\/span> operating under a valid certificate<\/span> issued by the Board<\/span> who fails to meet water quality standards<\/span> established by the Board<\/span> solely as a result of a change in water quality standards<\/span> or in the law<\/span> shall provide the necessary facilities approved by the Board<\/span> within a reasonable time to meet such new requirements; provided, however, that such facilities shall be reasonable and practicable of attainment giving consideration to the public interest and the equities of the case. The Board<\/span> may amend<\/span> such certificate<\/span>, or revoke it and issue<\/span> a new one to reflect such facilities after proper hearing<\/span>, with at least thirty days’ notice to the owner<\/span> of the time, place, and purpose thereof. If such revocation<\/span> or amendment of a certificate<\/span> is mutually agreeable to the Board<\/span> and the owner<\/span> involved, the hearing<\/span> and notice may be dispensed with. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span> shall revoke the certificate<\/span> in case of a failure to comply with all such requirements and may issue<\/span> a special order<\/span> under subdivisions (8a), (8b), and (8c) of § 62.1-44.15<\/a> (8). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any locality may adopt an ordinance<\/span> that provides for the testing and monitoring of the land application of solid or semisolid industrial wastes<\/span> within its political boundaries to ensure compliance with applicable laws<\/span> and regulations<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Board<\/span> shall adopt regulations<\/span> requiring the payment of a fee for the land application of solid or semisolid industrial wastes<\/span>, pursuant to permits issued under this section, in localities that have adopted ordinances<\/span> in accordance with subsection D. The person<\/span> land applying industrial wastes<\/span> shall (i) provide advance notice of the estimated fee to the generator of the industrial wastes<\/span> unless notification is waived, (ii) collect the fee from the generator, and (iii) remit the fee to the Department<\/span> of Environmental Quality as provided by regulation<\/span>. The fee shall be imposed on each dry ton of solid or semisolid industrial wastes<\/span> that is land applied in a locality in accordance with the regulations<\/span> adopted by the Board<\/span>. The regulations<\/span> shall include requirements and procedures for: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Collection of fees by the Department<\/span> of Environmental Quality; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The deposit of collected fees into the Sludge Management Fund established by subsection G of § 62.1-44.19:3<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Disbursement of proceeds from the Sludge Management Fund by the Department<\/span> of Environmental Quality pursuant to subsection G of § 62.1-44.19:3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Department<\/span>, in consultation with the Department<\/span> of Health, the Department<\/span> of Conservation and Recreation, the Department<\/span> of Agriculture and Consumer Services, and the Virginia Cooperative Extension Service, shall establish and implement a program to train persons<\/span> employed by those local governments that have adopted ordinances<\/span>, pursuant to this section, to test and monitor the land application of industrial wastes<\/span>. The program shall include, at a minimum, instruction in (i) the provisions of the Virginia Pollution<\/span> Abatement Permit Regulation<\/span>; (ii) land application methods and equipment, including methods and processes for preparation and stabilization of industrial wastes<\/span> that are land applied; (iii) sampling and chain of custody<\/span> control; (iv) preparation and implementation of nutrient management plans for land application sites; (v) complaint response and preparation of complaint and inspection reports; (vi) enforcement authority and procedures; (vii) interaction and communication with the public; and (viii) preparation of applications for reimbursement of local monitoring costs disbursed pursuant to subsection G of \u00a7 62.1-44.19:3<\/a>. To the extent feasible, the program shall emphasize in-field instruction and practical training. Persons<\/span> employed by local governments shall successfully complete such training before the local government may request reimbursement from the Board<\/span> for testing and monitoring of land application of solid or semisolid industrial wastes<\/span> performed by the person<\/span>. The completion of training shall not be a prerequisite to the exercise of authority granted to local governments by any applicable provision of law.\n\t\t\tThe Department<\/span> may: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Charge attendees a reasonable fee to recover the actual costs of preparing course materials<\/span> and providing facilities and instructors for the program. The fee shall be reimbursable from the Fund established pursuant to subsection G of § 62.1-44.19:3<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Request and accept the assistance and participation of other state agencies and institutions in preparing and presenting the course of training established by this subsection. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINDUSTRIAL WASTES (\u00a7 62.1-44.16)\n\nA. Any owner who erects, constructs, opens, reopens, expands, or employs new\nprocesses in or operates any establishment from which there is a potential or\nactual discharge of industrial wastes or other wastes to state waters shall\nfirst provide facilities approved by the Board for the treatment or control of\nsuch industrial wastes or other wastes.\n\t\t\tApplication for such discharge shall be made to the Board and shall be\naccompanied by pertinent plans, specifications, maps, and such other relevant\ninformation as may be required, in scope and details satisfactory to the Board.\n\n 1. Public notice of every such application shall be given by notice published\n once a week for two successive weeks in a newspaper of general circulation in\n the county or city where the certificate is applied for or by such other means\n as the Board may prescribe. However, to the extent authorized by federal law\n and if the permit applicant so chooses, an abbreviated public notice shall be\n published in such newspaper listing the name of the permitted facility, the\n type of discharge, and a link to the Department’s website with such\n public notice.\n\n 2. The Board shall review the application and the information that accompanies\n it as soon as practicable and making a ruling within a period of four months\n from the date the application is filed with the Board approving or\n disapproving the application and stating the grounds for conditional approval\n or disapproval. If the application is approved, the Board shall grant a\n certificate for the discharge of the industrial wastes or other wastes into\n state waters or for the other alteration of the physical, chemical, or\n biological properties of state waters, as the case may be. If the application\n is disapproved, the Board shall notify the owner as to what measures, if any,\n the owner may take to secure approval.\n\nB. Any owner operating under a valid certificate issued by the Board who fails\nto meet water quality standards established by the Board solely as a result of a\nchange in water quality standards or in the law shall provide the necessary\nfacilities approved by the Board within a reasonable time to meet such new\nrequirements; provided, however, that such facilities shall be reasonable and\npracticable of attainment giving consideration to the public interest and the\nequities of the case. The Board may amend such certificate, or revoke it and\nissue a new one to reflect such facilities after proper hearing, with at least\nthirty days’ notice to the owner of the time, place, and purpose thereof.\nIf such revocation or amendment of a certificate is mutually agreeable to the\nBoard and the owner involved, the hearing and notice may be dispensed with.\n\nC. The Board shall revoke the certificate in case of a failure to comply with\nall such requirements and may issue a special order under subdivisions (8a),\n(8b), and (8c) of § 62.1-44.15 (8).\n\nD. Any locality may adopt an ordinance that provides for the testing and\nmonitoring of the land application of solid or semisolid industrial wastes\nwithin its political boundaries to ensure compliance with applicable laws and\nregulations.\n\nE. The Board shall adopt regulations requiring the payment of a fee for the land\napplication of solid or semisolid industrial wastes, pursuant to permits issued\nunder this section, in localities that have adopted ordinances in accordance\nwith subsection D. The person land applying industrial wastes shall (i) provide\nadvance notice of the estimated fee to the generator of the industrial wastes\nunless notification is waived, (ii) collect the fee from the generator, and\n(iii) remit the fee to the Department of Environmental Quality as provided by\nregulation. The fee shall be imposed on each dry ton of solid or semisolid\nindustrial wastes that is land applied in a locality in accordance with the\nregulations adopted by the Board. The regulations shall include requirements and\nprocedures for:\n\n 1. Collection of fees by the Department of Environmental Quality;\n\n 2. The deposit of collected fees into the Sludge Management Fund established\n by subsection G of § 62.1-44.19:3; and\n\n 3. Disbursement of proceeds from the Sludge Management Fund by the Department\n of Environmental Quality pursuant to subsection G of § 62.1-44.19:3.\n\nF. The Department, in consultation with the Department of Health, the Department\nof Conservation and Recreation, the Department of Agriculture and Consumer\nServices, and the Virginia Cooperative Extension Service, shall establish and\nimplement a program to train persons employed by those local governments that\nhave adopted ordinances, pursuant to this section, to test and monitor the land\napplication of industrial wastes. The program shall include, at a minimum,\ninstruction in (i) the provisions of the Virginia Pollution Abatement Permit\nRegulation; (ii) land application methods and equipment, including methods and\nprocesses for preparation and stabilization of industrial wastes that are land\napplied; (iii) sampling and chain of custody control; (iv) preparation and\nimplementation of nutrient management plans for land application sites; (v)\ncomplaint response and preparation of complaint and inspection reports; (vi)\nenforcement authority and procedures; (vii) interaction and communication with\nthe public; and (viii) preparation of applications for reimbursement of local\nmonitoring costs disbursed pursuant to subsection G of \u00a7 62.1-44.19:3. To the\nextent feasible, the program shall emphasize in-field instruction and practical\ntraining. Persons employed by local governments shall successfully complete such\ntraining before the local government may request reimbursement from the Board\nfor testing and monitoring of land application of solid or semisolid industrial\nwastes performed by the person. The completion of training shall not be a\nprerequisite to the exercise of authority granted to local governments by any\napplicable provision of law.\n\t\t\tThe Department may:\n\n 1. Charge attendees a reasonable fee to recover the actual costs of preparing\n course materials and providing facilities and instructors for the program. The\n fee shall be reimbursable from the Fund established pursuant to subsection G\n of § 62.1-44.19:3; and\n\n 2. Request and accept the assistance and participation of other state agencies\n and institutions in preparing and presenting the course of training\n established by this subsection.\n\nHISTORY: 1970, c. 638; 2015, cc. 104, 677; 2018, c. 552.","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}}