                                 CODE OF VIRGINIA

APPROVAL OF SEWERAGE SYSTEMS AND SEWAGE TREATMENT WORKS (§ 62.1-44.19)

A. Before any owner may erect, construct, open, expand or operate a sewerage
system or sewage treatment works which will have a potential discharge or actual
discharge to state waters, such owner shall file with the Board an application
for a certificate in scope and detail satisfactory to the Board.

B. If the application involves a system or works from which there is or is to be
a discharge to state waters, the application shall be given public notice by
publication 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. Before issuing the certificate, the
Board shall consult with and give consideration to the written recommendations
of the State Department of Health pertaining to the protection of public health.
Upon completion of advertising, the Board shall determine if the application is
complete, and if so, shall act upon it within 21 days of such determination. The
Board shall approve such application if it determines that minimum treatment
requirements will be met and that the discharge will not result in violations of
water quality standards. If the Board disapproves the application, it shall
state what modifications or changes, if any, will be required for approval.

C. After the certificate has been issued or amended by the Board, the owner
shall acquire from the Department of Environmental Quality (i) authorization to
construct the systems or works for which the Board has issued a discharge
certificate and (ii) upon completion of construction, authorization to operate
the sewerage system or sewage treatment works. These authorizations shall be
obtained in accordance with regulations promulgated by the Board.

D. 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 Department of Environmental Quality, in accordance
with the provisions of subsection C of this section, within a reasonable time to
meet such new requirements. The Board may amend such certificate, or revoke it
and issue a new one to reflect such facilities after proper hearing, with at
least 30 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.

E. 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.

HISTORY: Code 1950, § 62.1-33; 1968, c. 659; 1970, c. 638; 1976, c. 661; 1991,
c. 194; 2003, c. 614.