{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.18_3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.18_3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.18_3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.18_3.html"}],"law_id":78323,"edition_id":1,"section_id":78323,"structure_id":14634,"section_number":"62.1-44.18:3","catch_line":"Permit for private sewerage facility; financial assurance; violations; waiver of filing","history":"2000, c. 69; 2001, c. 493.","full_text":"A\n\nNo person shall operate a privately owned sewerage system or sewerage treatment works, including an LHS 120 facility, that discharges more than 1,000 gallons per day and less than 40,000 gallons per day without obtaining a Virginia Pollutant Discharge Elimination System permit. Any owner of such a facility shall file with the Board a plan to abate, control, prevent, remove, or contain any substantial or imminent threat to public health or the environment that is reasonably likely to occur if such facility ceases operations. Such plan shall also include a demonstration of financial capability to implement the plan. Financial capability may be demonstrated by the creation of a trust fund, a submission of a bond, a corporate guarantee based upon audited financial statements, or such other instruments as the Board may deem appropriate. The Board may require that such plan and instruments be updated as appropriate.\n\t\t\tFor the purposes of this section, “ceases operation” means to cease conducting the normal operation of a facility that is regulated under this chapter under circumstances where it would be reasonable to expect that such operation will not be resumed by the owner at the facility. The term shall not include the sale or transfer of a facility in the ordinary course of business or a permit transfer in accordance with Board regulations.\n\t\t\tAny person who ceases operations and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be liable to the Commonwealth and any political subdivision thereof for the costs incurred in abating, controlling, preventing, removing, or containing such harm or threat. This shall not in any way limit other recourse available to the Board.\n\t\t\tAny person who ceases operations and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be guilty of a Class 4 felony.B\n\nThe Board may waive the filing of the plan required pursuant to subsection A for any person who operates a privately owned sewerage system or sewerage treatment works that was permitted prior to January 1, 2001, and discharges less than 5,000 gallons per day upon a finding that such person has not violated any regulation or order of the Board, any condition of a permit to operate the facility, or any provision of this chapter for a period of not less than five years; provided, that no waiver may be approved by the Board until after the governing body of the locality in which the facility is located approves the waiver after a public hearing. The Board may revoke such waiver at any time for good cause. Any person receiving a waiver who ceases operations shall, if such cessation of operation results in a significant harm or an imminent and substantial risk of significant harm to human health and the environment, be guilty of a Class 4 felony and liable to the Commonwealth and any political subdivision thereof, for the costs incurred in abating, controlling, preventing, removing, or containing such harm or threat.C\n\nThe Department of Environmental Quality shall promulgate regulations necessary to carry out the provisions of this section. The Department shall identify by January 1, 2001, those facilities regulated under this section.","order_by":null,"text":{"0":{"id":280737,"text":"No person shall operate a privately owned sewerage system or sewerage treatment works, including an LHS 120 facility, that discharges more than 1,000 gallons per day and less than 40,000 gallons per day without obtaining a Virginia Pollutant Discharge Elimination System permit. Any owner of such a facility shall file with the Board a plan to abate, control, prevent, remove, or contain any substantial or imminent threat to public health or the environment that is reasonably likely to occur if such facility ceases operations. Such plan shall also include a demonstration of financial capability to implement the plan. Financial capability may be demonstrated by the creation of a trust fund, a submission of a bond, a corporate guarantee based upon audited financial statements, or such other instruments as the Board may deem appropriate. The Board may require that such plan and instruments be updated as appropriate.\n\t\t\tFor the purposes of this section, “ceases operation” means to cease conducting the normal operation of a facility that is regulated under this chapter under circumstances where it would be reasonable to expect that such operation will not be resumed by the owner at the facility. The term shall not include the sale or transfer of a facility in the ordinary course of business or a permit transfer in accordance with Board regulations.\n\t\t\tAny person who ceases operations and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be liable to the Commonwealth and any political subdivision thereof for the costs incurred in abating, controlling, preventing, removing, or containing such harm or threat. This shall not in any way limit other recourse available to the Board.\n\t\t\tAny person who ceases operations and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be guilty of a Class 4 felony.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":280738,"text":"The Board may waive the filing of the plan required pursuant to subsection A for any person who operates a privately owned sewerage system or sewerage treatment works that was permitted prior to January 1, 2001, and discharges less than 5,000 gallons per day upon a finding that such person has not violated any regulation or order of the Board, any condition of a permit to operate the facility, or any provision of this chapter for a period of not less than five years; provided, that no waiver may be approved by the Board until after the governing body of the locality in which the facility is located approves the waiver after a public hearing. The Board may revoke such waiver at any time for good cause. Any person receiving a waiver who ceases operations shall, if such cessation of operation results in a significant harm or an imminent and substantial risk of significant harm to human health and the environment, be guilty of a Class 4 felony and liable to the Commonwealth and any political subdivision thereof, for the costs incurred in abating, controlling, preventing, removing, or containing such harm or threat.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":280739,"text":"The Department of Environmental Quality shall promulgate regulations necessary to carry out the provisions of this section. The Department shall identify by January 1, 2001, those facilities regulated under this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14634,"edition_id":1,"name":"Regulation of Sewage Discharges","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:49:00","date_modified":"2026-06-26 03:49:00","permalink":{"id":269817,"object_type":"structure","relational_id":14634,"identifier":"4","token":"62.1\/3.1\/4","url":"\/62.1\/3.1\/4\/","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":79664,"structure_id":14634,"section_number":"62.1-44.18","catch_line":"Sewerage systems, etc., under supervision of Board and Department of Environmental Quality; Board to regulate design specification and plans","url":"\/62.1-44.18\/","token":"62.1\/3.1\/4\/62.1-44.18","metadata":false},{"id":86479,"structure_id":14634,"section_number":"62.1-44.18:1","catch_line":"Repealed","url":"\/62.1-44.18_1\/","token":"62.1\/3.1\/4\/62.1-44.18_1","metadata":false},{"id":75666,"structure_id":14634,"section_number":"62.1-44.18:2","catch_line":"When Board may prohibit discharge; permits","url":"\/62.1-44.18_2\/","token":"62.1\/3.1\/4\/62.1-44.18_2","metadata":false},{"id":78323,"structure_id":14634,"section_number":"62.1-44.18:3","catch_line":"Permit for private sewerage facility; financial assurance; violations; waiver of filing","url":"\/62.1-44.18_3\/","token":"62.1\/3.1\/4\/62.1-44.18_3","metadata":false},{"id":76286,"structure_id":14634,"section_number":"62.1-44.19","catch_line":"Approval of sewerage systems and sewage treatment works","url":"\/62.1-44.19\/","token":"62.1\/3.1\/4\/62.1-44.19","metadata":false},{"id":56199,"structure_id":14634,"section_number":"62.1-44.19:1","catch_line":"Prohibiting sewage discharge under certain conditions in Virginia Beach","url":"\/62.1-44.19_1\/","token":"62.1\/3.1\/4\/62.1-44.19_1","metadata":false},{"id":73726,"structure_id":14634,"section_number":"62.1-44.19:2","catch_line":"Additional requirements on sewage discharge in the Cities of Chesapeake, Hampton, Newport News, Norfolk and Virginia Beach","url":"\/62.1-44.19_2\/","token":"62.1\/3.1\/4\/62.1-44.19_2","metadata":false},{"id":58577,"structure_id":14634,"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","url":"\/62.1-44.19_3\/","token":"62.1\/3.1\/4\/62.1-44.19_3","metadata":false},{"id":77305,"structure_id":14634,"section_number":"62.1-44.19:3.1","catch_line":"Certification of sewage sludge land applicators","url":"\/62.1-44.19_3.1\/","token":"62.1\/3.1\/4\/62.1-44.19_3.1","metadata":false},{"id":84367,"structure_id":14634,"section_number":"62.1-44.19:3.2","catch_line":"Local enforcement of sewage sludge regulations","url":"\/62.1-44.19_3.2\/","token":"62.1\/3.1\/4\/62.1-44.19_3.2","metadata":false},{"id":60609,"structure_id":14634,"section_number":"62.1-44.19:3.3","catch_line":"Septage disposal","url":"\/62.1-44.19_3.3\/","token":"62.1\/3.1\/4\/62.1-44.19_3.3","metadata":false},{"id":56187,"structure_id":14634,"section_number":"62.1-44.19:3.4","catch_line":"Notification of local governing bodies","url":"\/62.1-44.19_3.4\/","token":"62.1\/3.1\/4\/62.1-44.19_3.4","metadata":false},{"id":78587,"structure_id":14634,"section_number":"62.1-44.19:3.5","catch_line":"Attendance by licensed operator","url":"\/62.1-44.19_3.5\/","token":"62.1\/3.1\/4\/62.1-44.19_3.5","metadata":false}],"previous_section":{"id":75666,"structure_id":14634,"section_number":"62.1-44.18:2","catch_line":"When Board may prohibit discharge; permits","url":"\/62.1-44.18_2\/","token":"62.1\/3.1\/4\/62.1-44.18_2","metadata":false},"next_section":{"id":76286,"structure_id":14634,"section_number":"62.1-44.19","catch_line":"Approval of sewerage systems and sewage treatment works","url":"\/62.1-44.19\/","token":"62.1\/3.1\/4\/62.1-44.19","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.18:3\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapter 69<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2001, chapter 493<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":269831,"object_type":"law","relational_id":78323,"identifier":"62.1-44.18:3","token":"62.1\/3.1\/4\/62.1-44.18_3","url":"\/62.1-44.18_3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.18_3\/","token":"62.1\/3.1\/4\/62.1-44.18_3","dublin_core":{"Title":"Permit for private sewerage facility; financial assurance; violations; waiver of filing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.18:3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No person<\/span> shall operate a privately owned sewerage system<\/span> or sewerage treatment works<\/span>, including an LHS 120 facility, that discharges more than 1,000 gallons per day and less than 40,000 gallons per day without obtaining a Virginia Pollutant Discharge Elimination System permit. Any owner<\/span> of such a facility shall file with the Board<\/span> a plan to abate, control, prevent, remove, or contain any substantial or imminent threat to public health or the environment that is reasonably likely to occur if such facility ceases operations<\/span>. Such plan shall also include a demonstration of financial capability to implement the plan. Financial capability may be demonstrated by the creation of a trust fund, a submission of a bond<\/span>, a corporate guarantee based upon audited financial statements, or such other instruments as the Board<\/span> may deem appropriate. The Board<\/span> may require that such plan and instruments be updated as appropriate.\n\t\t\tFor the purposes of this section, “ceases operation<\/span>” means to cease conducting the normal operation of a facility that is regulated under this chapter under circumstances where it would be reasonable to expect that such operation will not be resumed by the owner<\/span> at the facility. The term shall not include the sale or transfer of a facility in the ordinary course of business or a permit transfer in accordance with Board<\/span> regulations<\/span>.\n\t\t\tAny person<\/span> who ceases operations<\/span> and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be liable to the Commonwealth and any political subdivision thereof for the costs incurred in abating, controlling, preventing, removing, or containing such harm or threat. This shall not in any way limit other recourse available to the Board<\/span>.\n\t\t\tAny person<\/span> who ceases operations<\/span> and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be guilty of a Class 4 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> may waive<\/span> the filing of the plan required pursuant to subsection A for any person<\/span> who operates a privately owned sewerage system<\/span> or sewerage treatment works<\/span> that was permitted prior to January 1, 2001, and discharges less than 5,000 gallons per day upon a finding<\/span> that such person<\/span> has not violated any regulation<\/span> or order<\/span> of the Board<\/span>, any condition of a permit to operate the facility, or any provision of this chapter for a period of not less than five years; provided, that no waiver<\/span> may be approved by the Board<\/span> until after the governing body of the locality in which the facility is located approves the waiver<\/span> after a public hearing<\/span>. The Board<\/span> may revoke such waiver<\/span> at any time for good cause. Any person<\/span> receiving a waiver<\/span> who ceases operations<\/span> shall, if such cessation of operation results in a significant harm or an imminent and substantial risk of significant harm to human health and the environment, be guilty of a Class 4 felony<\/span> and liable to the Commonwealth and any political subdivision thereof, for the costs incurred in abating, controlling, preventing, removing, or containing such harm or threat. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span> of Environmental Quality shall promulgate regulations<\/span> necessary to carry out the provisions of this section. The Department<\/span> shall identify by January 1, 2001, those facilities regulated under this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERMIT FOR PRIVATE SEWERAGE FACILITY; FINANCIAL ASSURANCE; VIOLATIONS; WAIVER OF\nFILING (\u00a7 62.1-44.18:3)\n\nA. No person shall operate a privately owned sewerage system or sewerage\ntreatment works, including an LHS 120 facility, that discharges more than 1,000\ngallons per day and less than 40,000 gallons per day without obtaining a\nVirginia Pollutant Discharge Elimination System permit. Any owner of such a\nfacility shall file with the Board a plan to abate, control, prevent, remove, or\ncontain any substantial or imminent threat to public health or the environment\nthat is reasonably likely to occur if such facility ceases operations. Such plan\nshall also include a demonstration of financial capability to implement the\nplan. Financial capability may be demonstrated by the creation of a trust fund,\na submission of a bond, a corporate guarantee based upon audited financial\nstatements, or such other instruments as the Board may deem appropriate. The\nBoard may require that such plan and instruments be updated as appropriate.\n\t\t\tFor the purposes of this section, “ceases operation” means to\ncease conducting the normal operation of a facility that is regulated under this\nchapter under circumstances where it would be reasonable to expect that such\noperation will not be resumed by the owner at the facility. The term shall not\ninclude the sale or transfer of a facility in the ordinary course of business or\na permit transfer in accordance with Board regulations.\n\t\t\tAny person who ceases operations and who knowingly and willfully fails to\nimplement a closure plan or to provide adequate funds for implementation of such\nplan shall, if such failure results in a significant harm or an imminent and\nsubstantial threat of significant harm to human health or the environment, be\nliable to the Commonwealth and any political subdivision thereof for the costs\nincurred in abating, controlling, preventing, removing, or containing such harm\nor threat. This shall not in any way limit other recourse available to the\nBoard.\n\t\t\tAny person who ceases operations and who knowingly and willfully fails to\nimplement a closure plan or to provide adequate funds for implementation of such\nplan shall, if such failure results in a significant harm or an imminent and\nsubstantial threat of significant harm to human health or the environment, be\nguilty of a Class 4 felony.\n\nB. The Board may waive the filing of the plan required pursuant to subsection A\nfor any person who operates a privately owned sewerage system or sewerage\ntreatment works that was permitted prior to January 1, 2001, and discharges less\nthan 5,000 gallons per day upon a finding that such person has not violated any\nregulation or order of the Board, any condition of a permit to operate the\nfacility, or any provision of this chapter for a period of not less than five\nyears; provided, that no waiver may be approved by the Board until after the\ngoverning body of the locality in which the facility is located approves the\nwaiver after a public hearing. The Board may revoke such waiver at any time for\ngood cause. Any person receiving a waiver who ceases operations shall, if such\ncessation of operation results in a significant harm or an imminent and\nsubstantial risk of significant harm to human health and the environment, be\nguilty of a Class 4 felony and liable to the Commonwealth and any political\nsubdivision thereof, for the costs incurred in abating, controlling, preventing,\nremoving, or containing such harm or threat.\n\nC. The Department of Environmental Quality shall promulgate regulations\nnecessary to carry out the provisions of this section. The Department shall\nidentify by January 1, 2001, those facilities regulated under this section.\n\nHISTORY: 2000, c. 69; 2001, c. 493.","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}}