                                 CODE OF VIRGINIA

 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS (§ 45.2-1029)

A. For the purpose of this section:
			&#8220;Board&#8221; means the State Water Control Board.
			&#8220;Industrial wastes&#8221; means the same as that term is defined in
&#xA7; 62.1-44.3.
			&#8220;NPDES&#8221; means the National Pollutant Discharge Elimination
System.
			&#8220;Other wastes&#8221; means the same as that term is defined in &#xA7;
62.1-44.3.
			&#8220;Sewage&#8221; means the same as that term is defined in &#xA7;
62.1-44.3.

B. The authority to issue, amend, revoke, and enforce National Pollutant
Discharge Elimination System permits under the State Water Control Law (&#xA7;
62.1-44.2 et seq.) for the discharge of sewage, industrial wastes, and other
wastes from coal surface mining operations, to the extent delegated by the U.S.
Environmental Protection Agency and required under the federal Clean Water Act,
P.L. 92-500, as amended, is vested solely in the Director, notwithstanding any
provision of law contained in Title 62.1, except as provided in this section.
For the purpose of enforcement under this section, the provisions of
&#xA7;&#xA7; 62.1-44.31 and 62.1-44.32 shall apply to permits, orders, and
regulations issued by the Director in accordance with this section.

C. The Director shall transmit to the State Water Control Board a copy of each
application for an NPDES permit received by the Director and provide written
notice to the Board of every action related to the consideration of such permit
application.

D. Prior to the issuance or reissuance of a permit, each applicant shall submit
an application on a form approved by the Director and a fee of $300 for each
discharge outfall point under such permit. If an application is approved, the
permittee shall, on the anniversary of the permit approval for each year of the
permit term, submit $300 for each discharge outfall point under such permit.
Each permit shall remain valid for five years. All fees provided for under this
section shall be in addition to any other fees levied pursuant to this chapter.

E. No NPDES permit shall be issued if, within 30 days of the date of the
transmittal of the complete application and the proposed NPDES permit, the Board
objects in writing to the issuance of such permit. Whenever the Board objects to
the issuance of such permit under this section, such written objection shall
contain a statement of the reasons for such objection and the effluent
limitations and conditions that such permit would include if it were issued by
the Board.

F. An applicant who is aggrieved by an objection made under subsection E has the
right to a hearing before the Board pursuant to &#xA7; 62.1-44.25. If the Board
withdraws in writing its objection to the issuance of a certificate, the
Director may issue the permit. Any applicant aggrieved by a final decision of
the Board made pursuant to this subsection has the right to judicial review in
accordance with the provisions of the Administrative Process Act (&#xA7;
2.2-4000 et seq.).

G. Whenever, on the basis of any information available to it, the Board finds
that any person is in violation of any condition or limitation contained in a
NPDES permit issued by the Director, it shall notify the person allegedly in
violation and the Director. If after the thirtieth day following notification by
the Board, the Director has not commenced appropriate enforcement action, the
Board may take appropriate enforcement action pursuant to &#xA7;&#xA7;
62.1-44.15, 62.1-44.23, and 62.1-44.32.

H. The Director shall adopt regulations deemed necessary for the issuance,
administration, monitoring, and enforcement of NPDES permits for coal surface
mining operations.

I. The Director, by examining the available and relevant data, shall determine
whether a discharge could cause or contribute to an instream excursion above the
narrative or numeric criteria of a water quality standard.

J. If a total maximum daily load (TMDL) has been established by the Board for
the receiving water body, then there shall be consideration of the TMDL in the
reasonable potential determination as to whether a discharge could cause or
contribute to an instream excursion above the narrative or numeric criteria of a
water quality standard. If the receiving water body does not have a TMDL
established, the Director may consider biological monitoring, chemical
monitoring, and whole effluent toxicity testing to determine whether a discharge
could cause or contribute to an instream excursion above the narrative or
numeric criteria of a water quality standard. The Director may require whole
effluent toxicity testing if he determines that the discharge adversely affects
the biological condition of the receiving water body.

HISTORY: 1979, c. 290, § 45.1-254; 1986, c. 615; 2008, c. 275; 2011, cc. 252,
290; 2021, Sp. Sess. I, c. 387.