{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.5.html"}],"law_id":55763,"edition_id":1,"section_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","history":"Code 1950, \u00a7 62.1-17; 1968, c. 659; 1970, c. 638; 1990, c. 717; 1996, c. 119; 2000, cc. 1032, 1054; 2001, cc. 354, 383; 2004, c. 372; 2013, cc. 756, 793; 2016, cc. 68, 758.","full_text":"A\n\nExcept in compliance with a certificate, land-disturbance approval, or permit issued by the Board or other entity authorized by the Board to issue a certificate, land-disturbance approval, or permit pursuant to this chapter, it shall be unlawful for any person to:1\n\nDischarge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances;2\n\nExcavate in a wetland;3\n\nOtherwise alter the physical, chemical, or biological properties of state waters and make them detrimental to the public health, or to animal or aquatic life, or to the uses of such waters for domestic or industrial consumption, or for recreation, or for other uses;4\n\nOn and after October 1, 2001, conduct the following activities in a wetland:\n\t\t\t\ta. New activities to cause draining that significantly alters or degrades existing wetland acreage or functions;\n\t\t\t\tb. Filling or dumping;\n\t\t\t\tc. Permanent flooding or impounding; or\n\t\t\t\td. New activities that cause significant alteration or degradation of existing wetland acreage or functions; or5\n\nDischarge stormwater into state waters from Municipal Separate Storm Sewer Systems or land disturbing activities.B\n\nAny person in violation of the provisions of subsection A who discharges or causes or allows (i) a discharge of sewage, industrial waste, other wastes, or any noxious or deleterious substance into or upon state waters or (ii) a discharge that may reasonably be expected to enter state waters shall, upon learning of the discharge, promptly notify, but in no case later than 24 hours the Board, the Director of the Department of Environmental Quality, or the coordinator of emergency services appointed pursuant to § 44-146.19 for the political subdivision reasonably expected to be affected by the discharge. Written notice to the Director of the Department of Environmental Quality shall follow initial notice within the time frame specified by the federal Clean Water Act.","order_by":null,"text":{"0":{"id":204327,"text":"Except in compliance with a certificate, land-disturbance approval, or permit issued by the Board or other entity authorized by the Board to issue a certificate, land-disturbance approval, or permit pursuant to this chapter, it shall be unlawful for any person to:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":204328,"text":"Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":204329,"text":"Excavate in a wetland;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":204330,"text":"Otherwise alter the physical, chemical, or biological properties of state waters and make them detrimental to the public health, or to animal or aquatic life, or to the uses of such waters for domestic or industrial consumption, or for recreation, or for other uses;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":204331,"text":"On and after October 1, 2001, conduct the following activities in a wetland:\n\t\t\t\ta. New activities to cause draining that significantly alters or degrades existing wetland acreage or functions;\n\t\t\t\tb. Filling or dumping;\n\t\t\t\tc. Permanent flooding or impounding; or\n\t\t\t\td. New activities that cause significant alteration or degradation of existing wetland acreage or functions; or","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":204332,"text":"Discharge stormwater into state waters from Municipal Separate Storm Sewer Systems or land disturbing activities.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":204333,"text":"Any person in violation of the provisions of subsection A who discharges or causes or allows (i) a discharge of sewage, industrial waste, other wastes, or any noxious or deleterious substance into or upon state waters or (ii) a discharge that may reasonably be expected to enter state waters shall, upon learning of the discharge, promptly notify, but in no case later than 24 hours the Board, the Director of the Department of Environmental Quality, or the coordinator of emergency services appointed pursuant to § 44-146.19 for the political subdivision reasonably expected to be affected by the discharge. Written notice to the Director of the Department of Environmental Quality shall follow initial notice within the time frame specified by the federal Clean Water Act.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.5\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 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 1990, chapter 717; in 1996, chapter 119<\/a>; in 2000, chapters 1032<\/a> and 1054<\/a>; in 2001, chapters 354<\/a> and 383<\/a>; in 2004, chapter 372<\/a>; in 2013, chapters 756<\/a> and 793<\/a>; in 2016, chapters 68<\/a> and 758<\/a>.<\/p>","references":[{"id":87379,"section_number":"62.1-44.19:6","catch_line":"Citizen right-to-know provisions","order_by":null,"url":"\/62.1-44.19_6\/"},{"id":61187,"section_number":"62.1-44.3","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.3\/"}],"refers_to":[{"id":85193,"section_number":"44-146.19","catch_line":"Powers and duties of political subdivisions","order_by":null,"url":"\/44-146.19\/"}],"permalink":{"id":269189,"object_type":"law","relational_id":55763,"identifier":"62.1-44.5","token":"62.1\/3.1\/1\/62.1-44.5","url":"\/62.1-44.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.5\/","token":"62.1\/3.1\/1\/62.1-44.5","dublin_core":{"Title":"Prohibition of waste discharges or other quality alterations of state waters except as authorized by permit; notification required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except in compliance with a certificate<\/span>, land-disturbance approval<\/span>, or permit issued by the Board<\/span> or other entity authorized by the Board<\/span> to issue<\/span> a certificate<\/span>, land-disturbance approval<\/span>, or permit pursuant to this chapter, it shall be unlawful for any person<\/span> to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Discharge into state waters<\/span> sewage<\/span>, industrial wastes<\/span>, other wastes<\/span>, or any noxious or deleterious substances; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Excavate<\/span> in a wetland; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Otherwise alter the physical, chemical, or biological properties of state waters<\/span> and make them detrimental to the public health, or to animal or aquatic life, or to the uses of such waters for domestic or industrial consumption, or for recreation, or for other uses; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> On and after October 1, 2001, conduct the following activities in a wetland:\n\t\t\t\ta. New activities to cause draining that significantly alters or degrades existing wetland acreage or functions;\n\t\t\t\tb. Filling or dumping;\n\t\t\t\tc. Permanent flooding or impounding; or\n\t\t\t\td. New activities that cause significant alteration or degradation of existing wetland acreage or functions; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Discharge stormwater into state waters<\/span> from Municipal Separate Storm Sewer<\/span> Systems or land disturbing activities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person<\/span> in violation of the provisions of subsection A who discharges or causes or allows (i) a discharge of sewage<\/span>, industrial waste, other wastes<\/span>, or any noxious or deleterious substance into or upon state waters<\/span> or (ii) a discharge that may reasonably be expected to enter state waters<\/span> shall, upon learning of the discharge, promptly notify, but in no case later than 24 hours the Board<\/span>, the Director<\/span> of the Department<\/span> of Environmental Quality, or the coordinator of emergency services appointed pursuant to § 44-146.19<\/a> for the political subdivision reasonably expected to be affected by the discharge. Written notice to the Director<\/span> of the Department<\/span> of Environmental Quality shall follow initial notice within the time frame specified by the federal Clean Water Act. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITION OF WASTE DISCHARGES OR OTHER QUALITY ALTERATIONS OF STATE WATERS\nEXCEPT AS AUTHORIZED BY PERMIT; NOTIFICATION REQUIRED (\u00a7 62.1-44.5)\n\nA. Except in compliance with a certificate, land-disturbance approval, or permit\nissued by the Board or other entity authorized by the Board to issue a\ncertificate, land-disturbance approval, or permit pursuant to this chapter, it\nshall be unlawful for any person to:\n\n 1. Discharge into state waters sewage, industrial wastes, other wastes, or any\n noxious or deleterious substances;\n\n 2. Excavate in a wetland;\n\n 3. Otherwise alter the physical, chemical, or biological properties of state\n waters and make them detrimental to the public health, or to animal or aquatic\n life, or to the uses of such waters for domestic or industrial consumption, or\n for recreation, or for other uses;\n\n 4. On and after October 1, 2001, conduct the following activities in a\n wetland:\n \t\t\t\ta. New activities to cause draining that significantly alters or degrades\n existing wetland acreage or functions;\n \t\t\t\tb. Filling or dumping;\n \t\t\t\tc. Permanent flooding or impounding; or\n \t\t\t\td. New activities that cause significant alteration or degradation of\n existing wetland acreage or functions; or\n\n 5. Discharge stormwater into state waters from Municipal Separate Storm Sewer\n Systems or land disturbing activities.\n\nB. Any person in violation of the provisions of subsection A who discharges or\ncauses or allows (i) a discharge of sewage, industrial waste, other wastes, or\nany noxious or deleterious substance into or upon state waters or (ii) a\ndischarge that may reasonably be expected to enter state waters shall, upon\nlearning of the discharge, promptly notify, but in no case later than 24 hours\nthe Board, the Director of the Department of Environmental Quality, or the\ncoordinator of emergency services appointed pursuant to § 44-146.19 for the\npolitical subdivision reasonably expected to be affected by the discharge.\nWritten notice to the Director of the Department of Environmental Quality shall\nfollow initial notice within the time frame specified by the federal Clean Water\nAct.\n\nHISTORY: Code 1950, \u00a7 62.1-17; 1968, c. 659; 1970, c. 638; 1990, c. 717; 1996,\nc. 119; 2000, cc. 1032, 1054; 2001, cc. 354, 383; 2004, c. 372; 2013, cc. 756,\n793; 2016, cc. 68, 758.","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}}