{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.3.html"}],"law_id":61187,"edition_id":1,"section_id":61187,"structure_id":13661,"section_number":"62.1-44.3","catch_line":"Definitions","history":"Code 1950, \u00a7 62.1-15; 1968, c. 659; 1970, c. 638; 1988, c. 167; 1990, c. 717; 1991, c. 702; 2000, cc. 972, 1032, 1054; 2003, c. 614; 2007, c. 659; 2015, cc. 104, 677; 2016, cc. 68, 758; 2022, c. 356.","full_text":"Unless a different meaning is required by the context, the following terms as used in this chapter shall have the meanings hereinafter respectively ascribed to them:\n\t\t“Beneficial use” means both instream and offstream uses. Instream beneficial uses include, but are not limited to, the protection of fish and wildlife resources and habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values. The preservation of instream flows for purposes of the protection of navigation, maintenance of waste assimilation capacity, the protection of fish and wildlife resources and habitat, recreation, cultural and aesthetic values is an instream beneficial use of Virginia’s waters. Offstream beneficial uses include, but are not limited to, domestic (including public water supply), agricultural uses, electric power generation, commercial, and industrial uses.\n\t\t“Board” means the State Water Control Board. However, when used outside the context of the promulgation of regulations, including regulations to establish general permits, pursuant to this chapter, “Board” means the Department of Environmental Quality.\n\t\t“Certificate” means any certificate or permit issued by the Department.\n\t\t“Department” means the Department of Environmental Quality.\n\t\t“Director” means the Director of the Department of Environmental Quality.\n\t\t“Establishment” means any industrial establishment, mill, factory, tannery, paper or pulp mill, mine, coal mine, colliery, breaker or coal-processing operations, quarry, oil refinery, boat, vessel, and every other industry or plant or works the operation of which produces industrial wastes or other wastes or which may otherwise alter the physical, chemical or biological properties of any state waters.\n\t\t“Excavate” or “excavation” means ditching, dredging, or mechanized removal of earth, soil or rock.\n\t\t“Industrial wastes” means liquid or other wastes resulting from any process of industry, manufacture, trade, or business or from the development of any natural resources.\n\t\t“Land-disturbance approval” means an approval allowing a land-disturbing activity to commence issued by (i) a Virginia Erosion and Stormwater Management Program authority after the requirements of \u00a7 62.1-44.15:34 have been met or (ii) a Virginia Erosion and Sediment Control Program authority after the requirements of \u00a7 62.1-44.15:55 have been met.\n\t\t“The law” or “this law” means the law contained in this chapter as now existing or hereafter amended.\n\t\t“Member” means a member of the Board.\n\t\t“Municipal separate storm sewer” means a conveyance or system of conveyances otherwise known as a municipal separate storm sewer system or “MS4,” including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains, that is:\n\n1\n\nOwned or operated by a federal entity, state, city, town, county, district, association, or other public body, created by or pursuant to state law, having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including a special district under state law such as a sewer district, flood control district, drainage district or similar entity, or a designated and approved management agency under § 208 of the federal Clean Water Act (33 U.S.C. § 1251 et seq.) that discharges to surface waters;2\n\nDesigned or used for collecting or conveying stormwater;3\n\nNot a combined sewer; and4\n\nNot part of a publicly owned treatment works.\n\t\t\t“Normal agricultural activities” means those activities defined as an agricultural operation in § 3.2-300 and any activity that is conducted as part of or in furtherance of such agricultural operation but shall not include any activity for which a permit would have been required as of January 1, 1997, under 33 U.S.C. § 1344 or any regulations promulgated pursuant thereto.\n\t\t\t“Normal silvicultural activities” means any silvicultural activity as defined in § 10.1-1181.1 and any activity that is conducted as part of or in furtherance of such silvicultural activity but shall not include any activity for which a permit would have been required as of January 1, 1997, under 33 U.S.C. § 1344 or any regulations promulgated pursuant thereto.\n\t\t\t“Other wastes” means decayed wood, sawdust, shavings, bark, lime, garbage, refuse, ashes, offal, tar, oil, chemicals, and all other substances except industrial wastes and sewage which may cause pollution in any state waters.\n\t\t\t“Owner” means the Commonwealth or any of its political subdivisions, including but not limited to sanitation district commissions and authorities and any public or private institution, corporation, association, firm, or company organized or existing under the laws of this or any other state or country, or any officer or agency of the United States, or any person or group of persons acting individually or as a group that owns, operates, charters, rents, or otherwise exercises control over or is responsible for any actual or potential discharge of sewage, industrial wastes, or other wastes to state waters, or any facility or operation that has the capability to alter the physical, chemical, or biological properties of state waters in contravention of § 62.1-44.5.\n\t\t\t“Person” means an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity.\n\t\t\t“Policies” means policies established under subdivisions (3a) and (3b) of § 62.1-44.15.\n\t\t\t“Pollution” means such alteration of the physical, chemical, or biological properties of any state waters as will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety, or welfare or to the health of animals, fish, or aquatic life; (b) unsuitable with reasonable treatment for use as present or possible future sources of public water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses, provided that (i) an alteration of the physical, chemical, or biological property of state waters or a discharge or deposit of sewage, industrial wastes or other wastes to state waters by any owner which by itself is not sufficient to cause pollution but which, in combination with such alteration of or discharge or deposit to state waters by other owners, is sufficient to cause pollution; (ii) the discharge of untreated sewage by any owner into state waters; and (iii) contributing to the contravention of standards of water quality duly established by the Board, are “pollution” for the terms and purposes of this chapter.\n\t\t\t“Pretreatment requirements” means any requirements arising under the Board’s pretreatment regulations including the duty to allow or carry out inspections, entry, or monitoring activities; any rules, regulations, or orders issued by the owner of a publicly owned treatment works; or any reporting requirements imposed by the owner of a publicly owned treatment works or by the regulations of the Board.\n\t\t\t“Pretreatment standards” means any standards of performance or other requirements imposed by regulation of the Board upon an industrial user of a publicly owned treatment works.\n\t\t\t“Reclaimed water” means water resulting from the treatment of domestic, municipal, or industrial wastewater that is suitable for a direct beneficial or controlled use that would not otherwise occur. Specifically excluded from this definition is “gray water.”\n\t\t\t“Reclamation” means the treatment of domestic, municipal, or industrial wastewater or sewage to produce reclaimed water for a direct beneficial or controlled use that would not otherwise occur.\n\t\t\t“Regulation” means a regulation issued under subdivision (10) of § 62.1-44.15.\n\t\t\t“Reuse” means the use of reclaimed water for a direct beneficial use or a controlled use that is in accordance with the requirements of the Board.\n\t\t\t“Rule” means a rule adopted by the Board to regulate the procedure of the Board pursuant to subdivision (7) of § 62.1-44.15.\n\t\t\t“Ruling” means a ruling issued under subdivision (9) of § 62.1-44.15.\n\t\t\t“Sewage” means the water-carried human wastes from residences, buildings, industrial establishments or other places together with such industrial wastes and underground, surface, storm, or other water as may be present.\n\t\t\t“Sewage treatment works” or “treatment works” means any device or system used in the storage, treatment, disposal, or reclamation of sewage or combinations of sewage and industrial wastes, including but not limited to pumping, power, and other equipment, and appurtenances, and any works, including land, that are or will be (i) an integral part of the treatment process or (ii) used for the ultimate disposal of residues or effluent resulting from such treatment. These terms shall not include onsite sewage systems or alternative discharging sewage systems.\n\t\t\t“Sewerage system” means pipelines or conduits, pumping stations, and force mains, and all other construction, devices, and appliances appurtenant thereto, used for conducting sewage or industrial wastes or other wastes to a point of ultimate disposal.\n\t\t\t“Special order” means a special order issued under subdivisions (8a), (8b), and (8c) of § 62.1-44.15.\n\t\t\t“Standards” means standards established under subdivisions (3a) and (3b) of § 62.1-44.15.\n\t\t\t“State waters” means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands.\n\t\t\t“Wetlands” means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.","order_by":null,"text":{"0":{"id":223613,"text":"Unless a different meaning is required by the context, the following terms as used in this chapter shall have the meanings hereinafter respectively ascribed to them:\n\t\t“Beneficial use” means both instream and offstream uses. Instream beneficial uses include, but are not limited to, the protection of fish and wildlife resources and habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values. The preservation of instream flows for purposes of the protection of navigation, maintenance of waste assimilation capacity, the protection of fish and wildlife resources and habitat, recreation, cultural and aesthetic values is an instream beneficial use of Virginia’s waters. Offstream beneficial uses include, but are not limited to, domestic (including public water supply), agricultural uses, electric power generation, commercial, and industrial uses.\n\t\t“Board” means the State Water Control Board. However, when used outside the context of the promulgation of regulations, including regulations to establish general permits, pursuant to this chapter, “Board” means the Department of Environmental Quality.\n\t\t“Certificate” means any certificate or permit issued by the Department.\n\t\t“Department” means the Department of Environmental Quality.\n\t\t“Director” means the Director of the Department of Environmental Quality.\n\t\t“Establishment” means any industrial establishment, mill, factory, tannery, paper or pulp mill, mine, coal mine, colliery, breaker or coal-processing operations, quarry, oil refinery, boat, vessel, and every other industry or plant or works the operation of which produces industrial wastes or other wastes or which may otherwise alter the physical, chemical or biological properties of any state waters.\n\t\t“Excavate” or “excavation” means ditching, dredging, or mechanized removal of earth, soil or rock.\n\t\t“Industrial wastes” means liquid or other wastes resulting from any process of industry, manufacture, trade, or business or from the development of any natural resources.\n\t\t“Land-disturbance approval” means an approval allowing a land-disturbing activity to commence issued by (i) a Virginia Erosion and Stormwater Management Program authority after the requirements of \u00a7 62.1-44.15:34 have been met or (ii) a Virginia Erosion and Sediment Control Program authority after the requirements of \u00a7 62.1-44.15:55 have been met.\n\t\t“The law” or “this law” means the law contained in this chapter as now existing or hereafter amended.\n\t\t“Member” means a member of the Board.\n\t\t“Municipal separate storm sewer” means a conveyance or system of conveyances otherwise known as a municipal separate storm sewer system or “MS4,” including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains, that is:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":223614,"text":"Owned or operated by a federal entity, state, city, town, county, district, association, or other public body, created by or pursuant to state law, having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including a special district under state law such as a sewer district, flood control district, drainage district or similar entity, or a designated and approved management agency under § 208 of the federal Clean Water Act (33 U.S.C. § 1251 et seq.) that discharges to surface waters;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":223615,"text":"Designed or used for collecting or conveying stormwater;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":223616,"text":"Not a combined sewer; and","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":223617,"text":"Not part of a publicly owned treatment works.\n\t\t\t“Normal agricultural activities” means those activities defined as an agricultural operation in § 3.2-300 and any activity that is conducted as part of or in furtherance of such agricultural operation but shall not include any activity for which a permit would have been required as of January 1, 1997, under 33 U.S.C. § 1344 or any regulations promulgated pursuant thereto.\n\t\t\t“Normal silvicultural activities” means any silvicultural activity as defined in § 10.1-1181.1 and any activity that is conducted as part of or in furtherance of such silvicultural activity but shall not include any activity for which a permit would have been required as of January 1, 1997, under 33 U.S.C. § 1344 or any regulations promulgated pursuant thereto.\n\t\t\t“Other wastes” means decayed wood, sawdust, shavings, bark, lime, garbage, refuse, ashes, offal, tar, oil, chemicals, and all other substances except industrial wastes and sewage which may cause pollution in any state waters.\n\t\t\t“Owner” means the Commonwealth or any of its political subdivisions, including but not limited to sanitation district commissions and authorities and any public or private institution, corporation, association, firm, or company organized or existing under the laws of this or any other state or country, or any officer or agency of the United States, or any person or group of persons acting individually or as a group that owns, operates, charters, rents, or otherwise exercises control over or is responsible for any actual or potential discharge of sewage, industrial wastes, or other wastes to state waters, or any facility or operation that has the capability to alter the physical, chemical, or biological properties of state waters in contravention of § 62.1-44.5.\n\t\t\t“Person” means an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity.\n\t\t\t“Policies” means policies established under subdivisions (3a) and (3b) of § 62.1-44.15.\n\t\t\t“Pollution” means such alteration of the physical, chemical, or biological properties of any state waters as will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety, or welfare or to the health of animals, fish, or aquatic life; (b) unsuitable with reasonable treatment for use as present or possible future sources of public water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses, provided that (i) an alteration of the physical, chemical, or biological property of state waters or a discharge or deposit of sewage, industrial wastes or other wastes to state waters by any owner which by itself is not sufficient to cause pollution but which, in combination with such alteration of or discharge or deposit to state waters by other owners, is sufficient to cause pollution; (ii) the discharge of untreated sewage by any owner into state waters; and (iii) contributing to the contravention of standards of water quality duly established by the Board, are “pollution” for the terms and purposes of this chapter.\n\t\t\t“Pretreatment requirements” means any requirements arising under the Board’s pretreatment regulations including the duty to allow or carry out inspections, entry, or monitoring activities; any rules, regulations, or orders issued by the owner of a publicly owned treatment works; or any reporting requirements imposed by the owner of a publicly owned treatment works or by the regulations of the Board.\n\t\t\t“Pretreatment standards” means any standards of performance or other requirements imposed by regulation of the Board upon an industrial user of a publicly owned treatment works.\n\t\t\t“Reclaimed water” means water resulting from the treatment of domestic, municipal, or industrial wastewater that is suitable for a direct beneficial or controlled use that would not otherwise occur. Specifically excluded from this definition is “gray water.”\n\t\t\t“Reclamation” means the treatment of domestic, municipal, or industrial wastewater or sewage to produce reclaimed water for a direct beneficial or controlled use that would not otherwise occur.\n\t\t\t“Regulation” means a regulation issued under subdivision (10) of § 62.1-44.15.\n\t\t\t“Reuse” means the use of reclaimed water for a direct beneficial use or a controlled use that is in accordance with the requirements of the Board.\n\t\t\t“Rule” means a rule adopted by the Board to regulate the procedure of the Board pursuant to subdivision (7) of § 62.1-44.15.\n\t\t\t“Ruling” means a ruling issued under subdivision (9) of § 62.1-44.15.\n\t\t\t“Sewage” means the water-carried human wastes from residences, buildings, industrial establishments or other places together with such industrial wastes and underground, surface, storm, or other water as may be present.\n\t\t\t“Sewage treatment works” or “treatment works” means any device or system used in the storage, treatment, disposal, or reclamation of sewage or combinations of sewage and industrial wastes, including but not limited to pumping, power, and other equipment, and appurtenances, and any works, including land, that are or will be (i) an integral part of the treatment process or (ii) used for the ultimate disposal of residues or effluent resulting from such treatment. These terms shall not include onsite sewage systems or alternative discharging sewage systems.\n\t\t\t“Sewerage system” means pipelines or conduits, pumping stations, and force mains, and all other construction, devices, and appliances appurtenant thereto, used for conducting sewage or industrial wastes or other wastes to a point of ultimate disposal.\n\t\t\t“Special order” means a special order issued under subdivisions (8a), (8b), and (8c) of § 62.1-44.15.\n\t\t\t“Standards” means standards established under subdivisions (3a) and (3b) of § 62.1-44.15.\n\t\t\t“State waters” means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands.\n\t\t\t“Wetlands” means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":13661,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:45:30","date_modified":"2026-06-26 03:45:30","permalink":{"id":269171,"object_type":"structure","relational_id":13661,"identifier":"1","token":"62.1\/3.1\/1","url":"\/62.1\/3.1\/1\/","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":54640,"structure_id":13661,"section_number":"62.1-44.2","catch_line":"Short title; purpose","url":"\/62.1-44.2\/","token":"62.1\/3.1\/1\/62.1-44.2","metadata":false},{"id":61187,"structure_id":13661,"section_number":"62.1-44.3","catch_line":"Definitions","url":"\/62.1-44.3\/","token":"62.1\/3.1\/1\/62.1-44.3","metadata":false},{"id":80441,"structure_id":13661,"section_number":"62.1-44.3:1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/62.1-44.3_1\/","token":"62.1\/3.1\/1\/62.1-44.3_1","metadata":false},{"id":59195,"structure_id":13661,"section_number":"62.1-44.4","catch_line":"Control by Commonwealth as to water quality","url":"\/62.1-44.4\/","token":"62.1\/3.1\/1\/62.1-44.4","metadata":false},{"id":55763,"structure_id":13661,"section_number":"62.1-44.5","catch_line":"Prohibition of waste discharges or other quality alterations of state waters except as authorized by permit; notification required","url":"\/62.1-44.5\/","token":"62.1\/3.1\/1\/62.1-44.5","metadata":false},{"id":63321,"structure_id":13661,"section_number":"62.1-44.6","catch_line":"Chapter supplementary to existing laws","url":"\/62.1-44.6\/","token":"62.1\/3.1\/1\/62.1-44.6","metadata":false},{"id":63137,"structure_id":13661,"section_number":"62.1-44.6:1","catch_line":"Permit rationale","url":"\/62.1-44.6_1\/","token":"62.1\/3.1\/1\/62.1-44.6_1","metadata":false}],"previous_section":{"id":54640,"structure_id":13661,"section_number":"62.1-44.2","catch_line":"Short title; purpose","url":"\/62.1-44.2\/","token":"62.1\/3.1\/1\/62.1-44.2","metadata":false},"next_section":{"id":80441,"structure_id":13661,"section_number":"62.1-44.3:1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/62.1-44.3_1\/","token":"62.1\/3.1\/1\/62.1-44.3_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.3\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 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 1988, chapter 167; in 1990, chapter 717; in 1991, chapter 702; in 2000, chapters 972<\/a>, 1032<\/a>, and 1054<\/a>; in 2003, chapter 614<\/a>; in 2007, chapter 659<\/a>; in 2015, chapters 104<\/a> and 677<\/a>; in 2016, chapters 68<\/a> and 758<\/a>; in 2022, chapter 356<\/a>.<\/p>","references":[{"id":65795,"section_number":"45.2-1029","catch_line":" National Pollutant Discharge Elimination System permits","order_by":null,"url":"\/45.2-1029\/"},{"id":74345,"section_number":"54.1-2200","catch_line":"Definitions","order_by":null,"url":"\/54.1-2200\/"},{"id":70860,"section_number":"58.1-3284.3","catch_line":"Wetlands to be specially and separately assessed","order_by":null,"url":"\/58.1-3284.3\/"},{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"id":71282,"section_number":"62.1-44.15:24","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.15_24\/"},{"id":59976,"section_number":"62.1-44.15:51","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.15_51\/"},{"id":78362,"section_number":"62.1-44.17","catch_line":"Other wastes","order_by":null,"url":"\/62.1-44.17\/"},{"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":57966,"section_number":"62.1-44.31","catch_line":"Violation of order or certificate or failure to cooperate with Board","order_by":null,"url":"\/62.1-44.31\/"}],"refers_to":[{"id":58748,"section_number":"10.1-1181.1","catch_line":"Definitions","order_by":null,"url":"\/10.1-1181.1\/"},{"id":62811,"section_number":"3.2-300","catch_line":"Definitions","order_by":null,"url":"\/3.2-300\/"},{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"id":87045,"section_number":"62.1-44.15:34","catch_line":"Regulated activities; submission and approval of a permit application; security for performance; exemptions","order_by":null,"url":"\/62.1-44.15_34\/"},{"id":73356,"section_number":"62.1-44.15:55","catch_line":"Regulated land-disturbing activities; submission and approval of erosion and sediment control plan","order_by":null,"url":"\/62.1-44.15_55\/"},{"id":55763,"section_number":"62.1-44.5","catch_line":"Prohibition of waste discharges or other quality alterations of state waters except as authorized by permit; notification required","order_by":null,"url":"\/62.1-44.5\/"}],"permalink":{"id":269177,"object_type":"law","relational_id":61187,"identifier":"62.1-44.3","token":"62.1\/3.1\/1\/62.1-44.3","url":"\/62.1-44.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.3\/","token":"62.1\/3.1\/1\/62.1-44.3","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Unless a different meaning is required by the context, the following terms as used in this chapter shall have the meanings hereinafter respectively ascribed to them:\n\t\t“Beneficial use<\/span>” means both instream and offstream uses. Instream beneficial uses<\/span> include, but are not limited to, the protection of fish and wildlife resources and habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values. The preservation of instream flows for purposes of the protection of navigation, maintenance of waste assimilation capacity, the protection of fish and wildlife resources and habitat, recreation, cultural and aesthetic values is an instream beneficial use<\/span> of Virginia’s waters. Offstream beneficial uses<\/span> include, but are not limited to, domestic (including public water supply), agricultural uses, electric power generation, commercial, and industrial uses.\n\t\t“Board<\/span>” means the State Water Control Board<\/span>. However, when used outside the context of the promulgation of regulations<\/span>, including regulations<\/span> to establish general permits, pursuant to this chapter, “Board<\/span>” means the Department<\/span> of Environmental Quality.\n\t\t“Certificate<\/span>” means any certificate<\/span> or permit issued by the Department<\/span>.\n\t\t“Department<\/span>” means the Department<\/span> of Environmental Quality.\n\t\t“Director<\/span>” means the Director<\/span> of the Department<\/span> of Environmental Quality.\n\t\t“Establishment<\/span>” means any industrial establishment<\/span>, mill, factory, tannery, paper or pulp mill, mine, coal mine, colliery, breaker or coal-processing operations, quarry, oil refinery, boat, vessel, and every other industry or plant or works the operation of which produces industrial wastes<\/span> or other wastes<\/span> or which may otherwise alter the physical, chemical or biological properties of any state waters<\/span>.\n\t\t“Excavate<\/span>” or “excavation<\/span>” means ditching, dredging, or mechanized removal of earth, soil or rock.\n\t\t“Industrial wastes<\/span>” means liquid or other wastes<\/span> resulting from any process of industry, manufacture, trade, or business or from the development of any natural resources.\n\t\t“Land-disturbance approval<\/span>” means an approval allowing a land-disturbing activity to commence issued by (i) a Virginia Erosion and Stormwater Management Program authority after the requirements of \u00a7 62.1-44.15:34<\/a> have been met or (ii) a Virginia Erosion and Sediment Control Program authority after the requirements of \u00a7 62.1-44.15:55<\/a> have been met.\n\t\t“The law<\/span>” or “this law<\/span>” means the law<\/span> contained in this chapter as now existing or hereafter amended.\n\t\t“Member<\/span>” means a member<\/span> of the Board<\/span>.\n\t\t“Municipal separate storm sewer<\/span>” means a conveyance or system of conveyances otherwise known as a municipal separate storm sewer<\/span> system or “MS4,” including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains, that is:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Owned or operated by a federal entity, state, city, town, county, district, association, or other public body, created by or pursuant to state law, having jurisdiction<\/span> over disposal of sewage<\/span>, industrial wastes<\/span>, stormwater, or other wastes<\/span>, including a special district under state law such as a sewer district, flood control district, drainage district or similar entity, or a designated and approved management agency under § 208 of the federal Clean Water Act (33 U.S.C. § 1251 et seq.) that discharges to surface waters; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Designed or used for collecting or conveying stormwater; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Not a combined sewer; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Not part of a publicly owned treatment works.\n\t\t\t“Normal agricultural activities<\/span>” means those activities defined as an agricultural operation in § 3.2-300<\/a> and any activity that is conducted as part of or in furtherance of such agricultural operation but shall not include any activity for which a permit would have been required as of January 1, 1997, under 33 U.S.C. § 1344 or any regulations<\/span> promulgated pursuant thereto.\n\t\t\t“Normal silvicultural activities<\/span>” means any silvicultural activity as defined in § 10.1-1181.1<\/a> and any activity that is conducted as part of or in furtherance of such silvicultural activity but shall not include any activity for which a permit would have been required as of January 1, 1997, under 33 U.S.C. § 1344 or any regulations<\/span> promulgated pursuant thereto.\n\t\t\t“Other wastes<\/span>” means decayed wood, sawdust, shavings, bark, lime, garbage, refuse, ashes, offal, tar, oil, chemicals, and all other substances except industrial wastes<\/span> and sewage which may cause pollution<\/span> in any state waters<\/span>.\n\t\t\t“Owner<\/span>” means the Commonwealth or any of its political subdivisions, including but not limited to sanitation district commissions and authorities and any public or private institution, corporation, association, firm, or company organized or existing under the laws<\/span> of this or any other state or country, or any officer or agency of the United States, or any person<\/span> or group of persons<\/span> acting individually or as a group that owns, operates, charters, rents, or otherwise exercises control over or is responsible for any actual or potential discharge of sewage, industrial wastes<\/span>, or other wastes<\/span> to state waters<\/span>, or any facility or operation that has the capability to alter the physical, chemical, or biological properties of state waters<\/span> in contravention of § 62.1-44.5<\/a>.\n\t\t\t“Person<\/span>” means an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity.\n\t\t\t“Policies<\/span>” means policies<\/span> established under subdivisions (3a) and (3b) of § 62.1-44.15<\/a>.\n\t\t\t“Pollution<\/span>” means such alteration of the physical, chemical, or biological properties of any state waters<\/span> as will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety, or welfare or to the health of animals, fish, or aquatic life; (b) unsuitable with reasonable treatment for use as present or possible future sources of public water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses, provided that (i) an alteration of the physical, chemical, or biological property of state waters<\/span> or a discharge or deposit of sewage, industrial wastes<\/span> or other wastes<\/span> to state waters<\/span> by any owner<\/span> which by itself is not sufficient to cause pollution<\/span> but which, in combination with such alteration of or discharge or deposit to state waters<\/span> by other owners<\/span>, is sufficient to cause pollution<\/span>; (ii) the discharge of untreated sewage by any owner<\/span> into state waters<\/span>; and (iii) contributing to the contravention of standards of water quality duly established by the Board<\/span>, are “pollution<\/span>” for the terms and purposes of this chapter.\n\t\t\t“Pretreatment requirements<\/span>” means any requirements arising under the Board<\/span>’s pretreatment regulations<\/span> including the duty to allow or carry out inspections, entry, or monitoring activities; any rules<\/span>, regulations<\/span>, or orders<\/span> issued by the owner<\/span> of a publicly owned treatment works; or any reporting requirements imposed by the owner<\/span> of a publicly owned treatment works or by the regulations<\/span> of the Board<\/span>.\n\t\t\t“Pretreatment standards<\/span>” means any standards of performance or other requirements imposed by regulation<\/span> of the Board<\/span> upon an industrial user of a publicly owned treatment works.\n\t\t\t“Reclaimed water<\/span>” means water resulting from the treatment of domestic, municipal, or industrial wastewater that is suitable for a direct beneficial or controlled use that would not otherwise occur. Specifically excluded from this definition is “gray water.”\n\t\t\t“Reclamation<\/span>” means the treatment of domestic, municipal, or industrial wastewater or sewage to produce reclaimed water<\/span> for a direct beneficial or controlled use that would not otherwise occur.\n\t\t\t“Regulation<\/span>” means a regulation<\/span> issued under subdivision (10) of § 62.1-44.15<\/a>.\n\t\t\t“Reuse<\/span>” means the use of reclaimed water<\/span> for a direct beneficial use<\/span> or a controlled use that is in accordance with the requirements of the Board<\/span>.\n\t\t\t“Rule<\/span>” means a rule<\/span> adopted by the Board<\/span> to regulate the procedure of the Board<\/span> pursuant to subdivision (7) of § 62.1-44.15<\/a>.\n\t\t\t“Ruling<\/span>” means a ruling<\/span> issued under subdivision (9) of § 62.1-44.15<\/a>.\n\t\t\t“Sewage” means the water-carried human wastes from residences, buildings, industrial establishments<\/span> or other places together with such industrial wastes<\/span> and underground, surface, storm, or other water as may be present.\n\t\t\t“Sewage treatment works<\/span>” or “treatment works” means any device or system used in the storage, treatment, disposal, or reclamation<\/span> of sewage or combinations of sewage and industrial wastes<\/span>, including but not limited to pumping, power, and other equipment, and appurtenances, and any works, including land, that are or will be (i) an integral part of the treatment process or (ii) used for the ultimate disposal of residues or effluent resulting from such treatment. These terms shall not include onsite sewage systems or alternative discharging sewage systems.\n\t\t\t“Sewerage system<\/span>” means pipelines or conduits, pumping stations, and force mains, and all other construction, devices, and appliances appurtenant thereto, used for conducting sewage or industrial wastes<\/span> or other wastes<\/span> to a point of ultimate disposal.\n\t\t\t“Special order<\/span>” means a special order<\/span> issued under subdivisions (8a), (8b), and (8c) of § 62.1-44.15<\/a>.\n\t\t\t“Standards” means standards established under subdivisions (3a) and (3b) of § 62.1-44.15<\/a>.\n\t\t\t“State waters<\/span>” means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction<\/span>, including wetlands<\/span>.\n\t\t\t“Wetlands<\/span>” means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands<\/span> generally include swamps, marshes, bogs and similar areas. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 62.1-44.3)\n\nUnless a different meaning is required by the context, the following terms as\nused in this chapter shall have the meanings hereinafter respectively ascribed\nto them:\n\t\t“Beneficial use” means both instream and offstream uses. Instream\nbeneficial uses include, but are not limited to, the protection of fish and\nwildlife resources and habitat, maintenance of waste assimilation, recreation,\nnavigation, and cultural and aesthetic values. The preservation of instream\nflows for purposes of the protection of navigation, maintenance of waste\nassimilation capacity, the protection of fish and wildlife resources and\nhabitat, recreation, cultural and aesthetic values is an instream beneficial use\nof Virginia’s waters. Offstream beneficial uses include, but are not\nlimited to, domestic (including public water supply), agricultural uses,\nelectric power generation, commercial, and industrial uses.\n\t\t“Board” means the State Water Control Board. However, when used\noutside the context of the promulgation of regulations, including regulations to\nestablish general permits, pursuant to this chapter, “Board” means\nthe Department of Environmental Quality.\n\t\t“Certificate” means any certificate or permit issued by the\nDepartment.\n\t\t“Department” means the Department of Environmental Quality.\n\t\t“Director” means the Director of the Department of Environmental\nQuality.\n\t\t“Establishment” means any industrial establishment, mill, factory,\ntannery, paper or pulp mill, mine, coal mine, colliery, breaker or\ncoal-processing operations, quarry, oil refinery, boat, vessel, and every other\nindustry or plant or works the operation of which produces industrial wastes or\nother wastes or which may otherwise alter the physical, chemical or biological\nproperties of any state waters.\n\t\t“Excavate” or “excavation” means ditching, dredging,\nor mechanized removal of earth, soil or rock.\n\t\t“Industrial wastes” means liquid or other wastes resulting from\nany process of industry, manufacture, trade, or business or from the development\nof any natural resources.\n\t\t“Land-disturbance approval” means an approval allowing a\nland-disturbing activity to commence issued by (i) a Virginia Erosion and\nStormwater Management Program authority after the requirements of \u00a7\n62.1-44.15:34 have been met or (ii) a Virginia Erosion and Sediment Control\nProgram authority after the requirements of \u00a7 62.1-44.15:55 have been met.\n\t\t“The law” or “this law” means the law contained in\nthis chapter as now existing or hereafter amended.\n\t\t“Member” means a member of the Board.\n\t\t“Municipal separate storm sewer” means a conveyance or system of\nconveyances otherwise known as a municipal separate storm sewer system or\n“MS4,” including roads with drainage systems, municipal streets,\ncatch basins, curbs, gutters, ditches, man-made channels, or storm drains, that\nis:\n\n1. Owned or operated by a federal entity, state, city, town, county, district,\nassociation, or other public body, created by or pursuant to state law, having\njurisdiction over disposal of sewage, industrial wastes, stormwater, or other\nwastes, including a special district under state law such as a sewer district,\nflood control district, drainage district or similar entity, or a designated and\napproved management agency under § 208 of the federal Clean Water Act (33\nU.S.C. § 1251 et seq.) that discharges to surface waters;\n\n2. Designed or used for collecting or conveying stormwater;\n\n3. Not a combined sewer; and\n\n4. Not part of a publicly owned treatment works.\n\t\t\t“Normal agricultural activities” means those activities defined\nas an agricultural operation in § 3.2-300 and any activity that is\nconducted as part of or in furtherance of such agricultural operation but shall\nnot include any activity for which a permit would have been required as of\nJanuary 1, 1997, under 33 U.S.C. § 1344 or any regulations promulgated\npursuant thereto.\n\t\t\t“Normal silvicultural activities” means any silvicultural\nactivity as defined in § 10.1-1181.1 and any activity that is conducted as\npart of or in furtherance of such silvicultural activity but shall not include\nany activity for which a permit would have been required as of January 1, 1997,\nunder 33 U.S.C. § 1344 or any regulations promulgated pursuant thereto.\n\t\t\t“Other wastes” means decayed wood, sawdust, shavings, bark, lime,\ngarbage, refuse, ashes, offal, tar, oil, chemicals, and all other substances\nexcept industrial wastes and sewage which may cause pollution in any state\nwaters.\n\t\t\t“Owner” means the Commonwealth or any of its political\nsubdivisions, including but not limited to sanitation district commissions and\nauthorities and any public or private institution, corporation, association,\nfirm, or company organized or existing under the laws of this or any other state\nor country, or any officer or agency of the United States, or any person or\ngroup of persons acting individually or as a group that owns, operates,\ncharters, rents, or otherwise exercises control over or is responsible for any\nactual or potential discharge of sewage, industrial wastes, or other wastes to\nstate waters, or any facility or operation that has the capability to alter the\nphysical, chemical, or biological properties of state waters in contravention of\n§ 62.1-44.5.\n\t\t\t“Person” means an individual, corporation, partnership,\nassociation, governmental body, municipal corporation, or any other legal\nentity.\n\t\t\t“Policies” means policies established under subdivisions (3a) and\n(3b) of § 62.1-44.15.\n\t\t\t“Pollution” means such alteration of the physical, chemical, or\nbiological properties of any state waters as will or is likely to create a\nnuisance or render such waters (a) harmful or detrimental or injurious to the\npublic health, safety, or welfare or to the health of animals, fish, or aquatic\nlife; (b) unsuitable with reasonable treatment for use as present or possible\nfuture sources of public water supply; or (c) unsuitable for recreational,\ncommercial, industrial, agricultural, or other reasonable uses, provided that\n(i) an alteration of the physical, chemical, or biological property of state\nwaters or a discharge or deposit of sewage, industrial wastes or other wastes to\nstate waters by any owner which by itself is not sufficient to cause pollution\nbut which, in combination with such alteration of or discharge or deposit to\nstate waters by other owners, is sufficient to cause pollution; (ii) the\ndischarge of untreated sewage by any owner into state waters; and (iii)\ncontributing to the contravention of standards of water quality duly established\nby the Board, are “pollution” for the terms and purposes of this\nchapter.\n\t\t\t“Pretreatment requirements” means any requirements arising under\nthe Board’s pretreatment regulations including the duty to allow or carry\nout inspections, entry, or monitoring activities; any rules, regulations, or\norders issued by the owner of a publicly owned treatment works; or any reporting\nrequirements imposed by the owner of a publicly owned treatment works or by the\nregulations of the Board.\n\t\t\t“Pretreatment standards” means any standards of performance or\nother requirements imposed by regulation of the Board upon an industrial user of\na publicly owned treatment works.\n\t\t\t“Reclaimed water” means water resulting from the treatment of\ndomestic, municipal, or industrial wastewater that is suitable for a direct\nbeneficial or controlled use that would not otherwise occur. Specifically\nexcluded from this definition is “gray water.”\n\t\t\t“Reclamation” means the treatment of domestic, municipal, or\nindustrial wastewater or sewage to produce reclaimed water for a direct\nbeneficial or controlled use that would not otherwise occur.\n\t\t\t“Regulation” means a regulation issued under subdivision (10) of\n§ 62.1-44.15.\n\t\t\t“Reuse” means the use of reclaimed water for a direct beneficial\nuse or a controlled use that is in accordance with the requirements of the\nBoard.\n\t\t\t“Rule” means a rule adopted by the Board to regulate the\nprocedure of the Board pursuant to subdivision (7) of § 62.1-44.15.\n\t\t\t“Ruling” means a ruling issued under subdivision (9) of §\n62.1-44.15.\n\t\t\t“Sewage” means the water-carried human wastes from residences,\nbuildings, industrial establishments or other places together with such\nindustrial wastes and underground, surface, storm, or other water as may be\npresent.\n\t\t\t“Sewage treatment works” or “treatment works” means\nany device or system used in the storage, treatment, disposal, or reclamation of\nsewage or combinations of sewage and industrial wastes, including but not\nlimited to pumping, power, and other equipment, and appurtenances, and any\nworks, including land, that are or will be (i) an integral part of the treatment\nprocess or (ii) used for the ultimate disposal of residues or effluent resulting\nfrom such treatment. These terms shall not include onsite sewage systems or\nalternative discharging sewage systems.\n\t\t\t“Sewerage system” means pipelines or conduits, pumping stations,\nand force mains, and all other construction, devices, and appliances appurtenant\nthereto, used for conducting sewage or industrial wastes or other wastes to a\npoint of ultimate disposal.\n\t\t\t“Special order” means a special order issued under subdivisions\n(8a), (8b), and (8c) of § 62.1-44.15.\n\t\t\t“Standards” means standards established under subdivisions (3a)\nand (3b) of § 62.1-44.15.\n\t\t\t“State waters” means all water, on the surface and under the\nground, wholly or partially within or bordering the Commonwealth or within its\njurisdiction, including wetlands.\n\t\t\t“Wetlands” means those areas that are inundated or saturated by\nsurface or groundwater at a frequency and duration sufficient to support, and\nthat under normal circumstances do support, a prevalence of vegetation typically\nadapted for life in saturated soil conditions. Wetlands generally include\nswamps, marshes, bogs and similar areas.\n\nHISTORY: Code 1950, \u00a7 62.1-15; 1968, c. 659; 1970, c. 638; 1988, c. 167; 1990,\nc. 717; 1991, c. 702; 2000, cc. 972, 1032, 1054; 2003, c. 614; 2007, c. 659;\n2015, cc. 104, 677; 2016, cc. 68, 758; 2022, c. 356.","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}}