                                 CODE OF VIRGINIA

INDUSTRIAL WASTES (§ 62.1-44.16)

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

   1. Public notice of every such application shall be given by notice published
   once a week for two successive weeks in a newspaper of general circulation in
   the county or city where the certificate is applied for or by such other means
   as the Board may prescribe. However, to the extent authorized by federal law
   and if the permit applicant so chooses, an abbreviated public notice shall be
   published in such newspaper listing the name of the permitted facility, the
   type of discharge, and a link to the Department&#8217;s website with such
   public notice.

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

B. Any owner operating under a valid certificate issued by the Board who fails
to meet water quality standards established by the Board solely as a result of a
change in water quality standards or in the law shall provide the necessary
facilities approved by the Board within a reasonable time to meet such new
requirements; provided, however, that such facilities shall be reasonable and
practicable of attainment giving consideration to the public interest and the
equities of the case. The Board may amend such certificate, or revoke it and
issue a new one to reflect such facilities after proper hearing, with at least
thirty days&#8217; notice to the owner of the time, place, and purpose thereof.
If such revocation or amendment of a certificate is mutually agreeable to the
Board and the owner involved, the hearing and notice may be dispensed with.

C. The Board shall revoke the certificate in case of a failure to comply with
all such requirements and may issue a special order under subdivisions (8a),
(8b), and (8c) of &#xA7; 62.1-44.15 (8).

D. Any locality may adopt an ordinance that provides for the testing and
monitoring of the land application of solid or semisolid industrial wastes
within its political boundaries to ensure compliance with applicable laws and
regulations.

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

   1. Collection of fees by the Department of Environmental Quality;

   2. The deposit of collected fees into the Sludge Management Fund established
   by subsection G of &#xA7; 62.1-44.19:3; and

   3. Disbursement of proceeds from the Sludge Management Fund by the Department
   of Environmental Quality pursuant to subsection G of &#xA7; 62.1-44.19:3.

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

   1. Charge attendees a reasonable fee to recover the actual costs of preparing
   course materials and providing facilities and instructors for the program. The
   fee shall be reimbursable from the Fund established pursuant to subsection G
   of &#xA7; 62.1-44.19:3; and

   2. Request and accept the assistance and participation of other state agencies
   and institutions in preparing and presenting the course of training
   established by this subsection.

HISTORY: 1970, c. 638; 2015, cc. 104, 677; 2018, c. 552.