SB 657 — Air Pollution Control Board and State Water Control Board; transfer of authority.

"Emergency generation source" means a stationary internal combustion engine that operates according of 18 to the procedures in the ISO's emergency operations manual during an ISO-declared emergency.

The development of of 19 the expedited permitting process shall be in accordance with subdivision A 8 of § 2.2-4006;

however, if the construction or operation of a qualified energy generator is subject to a major new source Eeviewreview program required by § 110(a)(2)(C) of the federal Clean Air Act, this section shall not apply.

N A.

R (i) owners who are permitting or causing air pollution as defined by § 10.1-1300, to cease and desist fro(ii)from owners who have failed to construct facilities in accordance with or have failed to comply with plans for the control of air pollution submitted by them to and approved by the Board Department, to construct such facilitiespollution; in accordance with or otherwise comply with, such approved plans;

(iii)(ii) owners who have violatedfailed to construct facilities in accordance with or have failed to comply with plans for the termscontrol of air pollution submitted by them to and provisionsapproved ofby anythe Board DepartmentDepartment, orderto orconstruct directivesuch tofacilities complyin accordance with suchor termsotherwise andcomply provisions;with, such approved plans;

E(iii) (iv) owners who have contravenedviolated dulyor adoptedfailed andto promulgatedcomply airwith qualitythe standardsterms and policies,provisions toof ceaseany suchBoard contraventionof and18 Department order or directive to comply with airsuch qualityterms standards and policies;provisions;

D(iv) (v)owners requirewho anyhave ownercontravened toduly complyadopted withand thepromulgated provisionsair ofquality thisstandards chapterand policies, to cease such contravention and anyto Boardcomply Departmentwith decision;air quality standards and policies;

and(v) $100,000require perany order,owner ifto (a)comply thewith person has been issued at least two written notices of alleged violation by the Departmentprovisions for the same or substantially related violations at the same site, (b) such violations have not been resolved by demonstration that there was no violation, by an order issued by the Board or the Director, or by other means, (c) at least 130 days have passed since the issuance of thethis firstchapter Sotice of alleged violation, and (d)any thereBoard isDepartment adecision; finding that such violations have occurred after a hearin6 conducted in accordance with subsection B.

Theand actual(vi) amountrequire any person to pay civil penalties of anyup penaltyto assessed$32,500 shallfor beeach basedviolation, uponnot 7heto severityexceed of$100,000 theper violations,order, if (a) the extentperson has been issued at least two written notices of anyalleged potentialviolation by the Department for the same or actualsubstantially environmentalrelated harm,violations at the complRancesame historysite, of(b) such violations have not been resolved by demonstration that there was no violation, by an order issued by the facilityBoard or person,the anyDirector, economicor benefitby realizedother frommeans, the(c) noncompliance,at andleast 130 days have passed since the abilityissuance of the personfirst tonotice payof thealleged penalty.violation, and (d) there is a finding that such violations have occurred after a hearing conducted in accordance with subsection B.

The Boardactual Departmentamount shallof provideany thepenalty personassessed withshall be based upon the calculationseverity forof the proposedviolations, penaltythe priorextent toof any hearingpotential conductedor foractual environmental harm, the issuancecompliance history of anthe orderfacility thator assessesperson, penaltiesany Treasurereconomic intobenefit realized from the Virginianoncompliance, Environmentaland Emergencythe Responseability Fundof (§the 10.1-2500person etto seq.).pay the penalty.

The Board Department shall provide the person with the calculation for the proposed penalty prior to any hearing conducted for the issuance of an order that assesses penalties pursuant to this subsection.

Penalties shall be paid to the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund (§ 10.1-2500 et seq.).

Such special orders are to be issued only after a hearing before a hearing officer appointed by the Supreme Court in accordance with § 2.2-4020 with reasonable notice to the affected owners of the time, place and purpose thereof, and they shall become effective not less than five days after service as affectingprovided thein publicsubsection health,C safetybelow. or welfare, or the health of animal or plant life, or property, after a reasonable attempt to give notice, it shall declare a state of emergency and may issue without hearing an emergency special order directing the owner to cease such pollution immediately, and shall within 10 days hold a hearing, after reasonable notice as to the time and place thereof to the owner, to affirm, modify, amend or cancel such emergency special order.

Should the Board Department find that any such owner is unreasonably affecting the public health, safety or welfare, or the health of animal or plant life, or property, after a reasonable attempt to give notice, it shall declare a state of emergency and may issue without hearing an emergency special order directing the owner to cease such pollution immediately, and shall within 10 days hold a hearing, after reasonable notice as to the time and place thereof to the owner, to affirm, modify, amend or cancel such emergency special order.

Any special order issued under the provisions of this section need not be filed with the Secretary of the Commonwealth, but the owner to whom such special order is directed shall be notified by certified mail, return receipt requested, sent to the last known address of such owner, or by personal delivery by an agent of the Board Department, and the time limits specified shall be counted from thelthe date of receipt.

Such plan shall also demonstratedinclude by the establishment of an escrow account, the creation of a trustdemonstration fund to be maintained within the Department, submission of a bond, corporate guarantee based on audited financial statements,capability ofto 19implement or such other instruments as the Boardplan. Department may deem appropriate.

Financial capability may be demonstrated by the establishment of an escrow account, the creation of a trust fund to be maintained within the Department, submission of a bond, corporate guarantee based on audited financial statements, or such other instruments as the Board Department may deem appropriate.

of 18 Any person who ceases operations and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be guilty of a Class 4 felony.

The members shall not be compensated out of state funds, but may be of 19 reimbursed for expenses out of state funds.

The portion of suEhsuch payment to be borne by each locality shall be prescribed by agreement.

The local committee is empowered to observe compliance with the regulations of the Board and report instances of noncompliance to the Board Department, to conduct educational programs relaRingrelating to air pollution and its effects, to assist the Department in its air monitoring programs, to initiate and make stuD.studies relating to air pollution and its effects, and to make recommendations to the Board Department.

TheD. governing body of any locality, wholly or partially included within any such district, maynt.

The governing body of any locality, wholly or partially included within any such district, may appropriate funds for use by the local committee in air pollution control and studies.

L § 10.1-1313.

E § 10.1-1314.

Every owner which the Board Department has reason to believe is causing, or may be about to D cause, an air pollution problem shall on request of the Board Department furnish such plans, specifications and information as may be required by the Board Department in the discharge of its methodsduties ofunder manufacturethis orchapter. production shall not be disclosed in public hearing and shall be keptlae or confidential.

Any information, except emission data, as to secret processes, formulae or of 18 methods of manufacture or production shall not be disclosed in public hearing and shall be kept confidential.

S Whenever it is necessary for the purposes of this chapter, the Board Department or any membe6,member, agent or employee thereof, when duly authorized by the Board Director, may at reasonable times 7nterenter any establishment or upon any property, public or private, to obtain information or conduct surReyssurveys or investigations.

Any owner violating or failing, neglecting or refusing to obey any provision of this chapter, any injunction,Board mandamusregulation or otherDepartment appropriateorder, remedy.itor any permit condition may be compelled to comply by B.injunction, mandamus or other appropriate remedy.

B.

Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 (§ 10.1-2500 et seq.) of this title.

With the consent of an owner who has violated or failed, neglected or refused to obey any Board regulation or Department order, or any provision of this chapter, or any permit condition, the Board Department may provide, in any order issued by the Board Department against the owner, for the shallpayment beof incivil lieucharges ofin anyspecific civilsums, penaltynot whichto couldexceed bethe imposedlimit underof subsection B.

Such civil chargesgescharges shall be paidin intolieu theof stateany treasurycivil andpenalty depositedwhich bycould thebe Stateimposed Treasurerunder intosubsection theB. Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of this title.

Such civil charges shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of this title.

Any owner aggrieved by a final decision of the Board Department under § 10.1-1309, § 10.1-1322 theor Administrativesubsection ProcessD Actof (§§ 2.2-400010.1-1307 etis seq.).alentitled to judicial review thereof in accordance with the provisions of B.the Administrative Process Act (§ 2.2-4000 et seq.).

AnyB. person who has participated, in person or by submittal of written comments, in the public of 19 comment process related to a final decision of the Board Department under § 10.1-1322 and who has exhausted all available administrative remedies for review of the Board's Department's decision, shall be entitled to judicial review of the Board's Department's decision in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) if such person meets the standard for obtaining judicial review of a case or controversy pursuant to Article III of the United States Constitution.

Any person who has participated, in person or by submittal of written comments, in the public comment process related to a final decision of the Board Department under § 10.1-1322 and who has exhausted all available administrative remedies for review of the Board's Department's decision, shall be entitled to judicial review of the Board's Department's decision in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) if such person meets the standard for obtaining judicial review of a case or controversy pursuant to Article III of the United States Constitution.

It shall be the duty of every attorney for the Commonwealth to whom the Director or his authorized of 18 representative has reported any violation of (i) this chapter or, (ii) any regulation of the Board, or (iii) order of the Board Department, to cause proceedings to be prosecuted without delay for the fines and penalties in such cases.

Failure to comply with any condition of a permit shall be considered a violation of this chapter and investigations and enforcement actions may be pursued in the same manner as is done with regulations of the Board and orders of the Board DepartmentunderDepartment under the provisions of this chapter.

On or before January 1 of every even-numbered year, the Department shall make an evaluation of the implementation of the permit fee program and provide this evaluation in writing to the Senate Committee on Agriculture, Conservation and Natural Resources, the Senate Committee on Finance and of 19 Appropriations, the House Committee on Appropriations, the House Committee on Agriculture, Chesapeake and Natural Resources, and the House Committee on Finance.

This evaluation shall incEudeinclude a report on the total fees collected, the amount of general funds allocated to the Department, the Department's use of the fees and the general funds, the number of permit applications received, the number of permits issued, the progress in eliminating permit backlogs, and the timeliness of peRmitpermit processing.

beE. given to cover the costs of processing permit applications in order to more efficiently issue permits.

To the extent allowed by federal law and regulations, priority for utilization of permit fees shall be given to cover the costs of processing permit applications in order to more efficiently issue permits.

The permit fees shall apply to permit programs in existence on July 1, 1992, any additional permit programs that may be required by the federal government and administered by the Board E Department, or any new permit program required by the Code of Virginia.

The permit program fee regulations promulgated pursuant to this section shall not become D effective until July 1, 1993.

[Expired.] Unless§ required10.1-1322.4. by federal law or regulation, no additional permit or permit modifications shall be required by the Board for the use, by any source, of an alternative fuel or raw material, if the owner demonstrates to the Board that as a result of trial burns at his facility or other facilities or other sufficient data that the emissions resulting from the use of the alternative fuel or raw materiSl supply are decreased.

ToPermit themodifications extent allowed by federal law or regulation, no demonstration shall be requir6d for thealternative usefuels of processed animal fat, processed fish oil, processed vegetable oil, distillate oil, or an7raw mixturematerials. thereof in place of the same quantity of residual oil to fire industrial boilers.

RUnless §required 10.1-1333.by federal law or regulation, no additional permit or permit modifications shall be required by the Board for the use, by any source, of an alternative fuel or raw material, if the owner demonstrates to the Board that as a result of trial burns at his facility or other facilities or other sufficient data that the emissions resulting from the use of the alternative fuel or raw material supply are decreased.

To the extent allowed by federal law or regulation, no demonstration shall be required for the use of processed animal fat, processed fish oil, processed vegetable oil, distillate oil, or any mixture of 18 thereof in place of the same quantity of residual oil to fire industrial boilers.

§ 10.1-1333.

To the extent authorized by federal law, the Board Department of Environmental Quality shall implement permit processes that facilitate the construction of clean coal projects in the Commonwealth forby, cleanamong coalsuch projects.ionsother actions as it deems appropriate, giving priority to processing permit applications §for 15.2-2403.3.clean coal projects.

§ 15.2-2403.3.

As used in this chapter, unless the context requires a different meaning:

the andcost duringof constructionall andlabor, formachinery oneand yearequipment; after completion of construction;

anyfinancing deposit to any bondor to interest and principalcredit reserveenhancement account,charges; start-up costs and reserves and expenditures for operating capital;

interest prior to and during construction and for one year after completion of construction;

any deposit to any bond interest and principal reserve account, start-up costs and reserves and expenditures for operating capital;

Any obligation or expense incurred by an authority in connection with any of the foregoing items of cost and any obligation or expense incurred by the authority prior to the issuance of revenue bonds under the provisions of this chapter for engineering studies, for estimates of cost and revenues, and for other oftechnical suchor systemprofessional isservices awhich partmay ofbe theutilized cost of such system.ized in the acquisition, improvement or construction "Cost of improvements"such meanssystem theis costa part of constructing improvements and includes the cost of allsuch ofsystem. 19 labor and material;

"Cost of improvements" means the cost of constructing improvements and includes the cost of all labor and material;

of 18 "Refuse collection and disposal system" means a system, plant or facility designed to collect, manage, dispose of, or recover and use energy from refuse and the land, structures, vehicles and equipment for use in connection therewith.

of 19 § 28.2-1205.1.

Applications for water resources projects that require a Virginia Marine Resources permitEandpermit and an individual Virginia Water Protection Permit under § 62.1-44.15:20 shall be submitted and processed through a joint application and review process.

N B.

The Commissioner and the Director of the Department of Environmental Quality, in consultaRionconsultation with the Virginia Institute of Marine Science, the Department of Wildlife Resources, the Department of Historic Resources, the Department of Health, the Department of Conservation and Recreation, the Virginia Department of Agriculture and Consumer Services, and any other appropriate or interested state agency, shall coordinate the joint review process to ensure the orderly evaluation of projects requiring both permits.

(i) the initial application for the project shall be advertised simultaneously by the Commission and thEthe Department of Environmental Quality;

(ii) project reviews shall be completed by all state agencies that have been asked to review and provide comments, within 45 days of project notification by the D Commission and the Department of Environmental Quality;

(iii) the Commission and the State Water Control Board Department of Environmental Quality shall coordinate permit issuance and, to the extent practicable, shall take action on the permit application no later than one year after the agencies have received complete applications;

(iv) to the extent practicable, the Commission and the State Water have Control Board Department of Environmental Quality shall take action concurrently, but no more than six months apart;

and (v) upon taking its final action on each permit, the Commission and the State Water Control Board Department of Environmental Quality shall provide each other with notification ofSitsof its action and any and all supporting information, including any background materials or exhibits u6edused in the application.

7 § 46.2-1601.

R A.

The fee for the first such license issued or license issued or renewed under this chapter for the same location shall be $25$100 per license year or part thereof.

The fee for each additional license issued or renewed under this chapter for the same location shall be $25 per license year or part of 18 thereof.

No license shall be issued or renewed for any person unless (i) the licensed business contains at least 600 square feet of enclosed space, (ii) the licensed business is shown to be in compliance with all applicable zoning ordinances, and (iii) the applicant may (a) certify to the Commissioner that the licensed business is permitted under a Virginia Pollutant Discharge Elimination System individual or general permit issued by the State Water Control Board Department of Environmental Quality for discharges of storm water associated with industrial activity and provides the permit number(s) from such permit(s) or (b) certify to the Commissioner that the licensed business is otherwise exempt from such permitting requirements.

Nothing in this section shall authorize any person to act as a motorrommotor vehicle dealer or salesperson without being licensed under Chapter 15 (§ 46.2-1500 et seq.) and meeting all requirements imposed by such chapter.

The Commissioner may offer an optional multiyear license for any license set forth in this shallsection. be multiplied by the number of years for which the license will be issued.

When such option is offered and chosen by the licensee, all fees due at the time of licensing §shall 62.1-44.3.be multiplied by the number of years for which the license will be issued.

§ 62.1-44.3.

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 (includingbeneficial publicuse waterof supply),Virginia's agriculturalwaters. uses, electric power generation, commercial, and industrial uses.

ofOffstream 19beneficial "Board"uses meansinclude, thebut Stateare Waternot Controllimited Board.to, domestic (including public water supply), agricultural uses, electric power generation, commercial, and industrial uses.

"Board" means the State Water Control Board.

"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 of 18 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.

of 19 "Regulation" means a regulation issued under § 62.1-44.15 (10).

"Reuse" means the use of reclaimed water for a direct beneficial use or a controlled use thaEthat is in accordance with the requirements of the Board.

"Rule" means a rule adopted by the Board to regulate the procedure of the Board pursuant to N § 62.1-44.15 (7).

R "Ruling" means a ruling issued under § 62.1-44.15 (9).

"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.

L "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, incluEingincluding 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.

"Sewerage system" means pipelines or conduits, pumping stations, and force mains, and all other wastesconstruction, ordevices, otherand wastesappliances toappurtenant athereto, point of ultimate disposal.to, used for conducting sewage or industrial "Specialwastes order"or meansother awastes specialto ordera issuedpoint under subdivisions (8a), (8b), and (8c) of §ultimate 62.1-44.15.disposal.

"Special order" means a special order issued under subdivisions (8a), (8b), and (8c) of § 62.1-44.15.

"State waters" means all water, on the surface and under the ground, wholly or partially witSinwithin or bordering the Commonwealth or within its jurisdiction, including wetlands.

6 "Wetlands" means those areas that are inundated or saturated by surface or groundwater at a 7 frequency and duration sufficient to support, and that under normal circumstances do support, aRa prevalence of vegetation typically adapted for life in saturated soil conditions.

345) DefUnlessDefinitions. 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:

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:

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 of 18 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 use"Board"uses. means the State Water Control Board.

"Board" means the State Water Control Board.

"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 whi"Excavate"which ormay "excavation"otherwise meansalter ditching,the dredging,physical, chemical or mechanizedbiological removalproperties of earth,any soilstate orwaters. rock.

"Excavate" or "excavation" means ditching, dredging, or mechanized removal of earth, soil or rock.

"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:

of 19 1.

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 of 18 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;

"Sewage" means the water-carried human wastes from residences, buildings, industrial establishments of 19 or other places together with such industrial wastes and underground, surface, storm, or other water as may be present.

E "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, incluRingincluding land, that are or will be (i) an integral part of the treatment process or (ii) used for the ultimate disposal systemsof residues or alternativeeffluent dischargingresulting sewagefrom systems.ent.such treatment.

These terms shall not include onsite sewOgesewage "Seweragesystems system" means pipelines or conduits,alternative pumpingdischarging stations, and force mains, and all other construction, devices, and appliances appurtenant thereto, used for conducting sewage orsystems. industrial wastes or other wastes to a point of ultimate disposal.

L"Sewerage "Specialsystem" order" means apipelines specialor orderconduits, issuedpumping understations, subdivisionsand (8a),force (8b),mains, and (8c)all other construction, devices, and appliances appurtenant thereto, used for conducting sewage or industrial wastes or other wastes to a point of §ultimate 62E1-44.15.disposal.

"Special order" means a special order issued under subdivisions (8a), (8b), and (8c) of § 62.1-44.15.

"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.

In granting a permit pursuant to this chapter, the Department shall provide in writing a cleSrclear and concise statement of the legal basis, scientific rationale, and justification for the decision 6eached.reached.

When the decision of the Department is to deny a permit pursuant to this chapter, the Department sha7l,shall, in consultation with legal counsel, provide a clear and concise statement explaining the reason foRfor the denial, the scientific justification for the same, and how the Department's decision is in compliance with applicable laws and regulations.

preparation..14.§ 62.1-44.14.

budget Thepreparation. Board shall elect its chairman, and the Executive Director shall be appointed as set forth in § 2.2-106.

The Board shall elect its chairman, and the Executive Director shall be appointed as set forth in § 2.2-106.

The Executive Director is further authorized to employ such consultants and full-time technical and clerical worItworkers shallas beare thenecessary dutyand ofwithin the Executiveavailable Directorfunds to exercisecarry generalout supervision and control over the qualitypurposes and management of all state waters and to administer and enforce this chapter,chapter. and all certificates, standards, policies, rules, regulations, rulings and special orders promulgated by the Board.

TheIt shall be the duty of the Executive Director shallto prepare,exercise approve,general supervision and submitcontrol over the quality and management of all requestsstate forwaters appropriationsand to administer and beenforce responsiblethis forchapter, and all expenditurescertificates, pursuantstandards, topolicies, appropriations.rules, regulations, rulings and special orders promulgated by the Board.

of 18 The Executive Director shall prepare, approve, and submit all requests for appropriations and be responsible for all expenditures pursuant to appropriations.

§ 62.1-44.15:81.

Application and preparation of draft certification conditions.

Any applicant for a federal license or permit for a natural gas transmission pipeline greater than 36 inches inside diameter subject to § 7c of the federal Natural Gas Act (15 U.S.C.

Concurrently with the Joint Permit Application, the applicant shall also submit a detailed erosion and sediment control plan and stormwater management plan subject to DepB.Department review and approval.

AfterB. receipt of an application in accordance with subsection A, the Department shall issue a request for information about how the erosion and sediment control plan and stormwater management of 19 plan will address activities in or related to the upland areas identified in subsection A.

After receipt of an application in accordance with subsection A, the Department shall issue a request for information about how the erosion and sediment control plan and stormwater management plan will address activities in or related to the upland areas identified in subsection A.

Neither the Department nor the Board shall expressly waive certification of a natural gas of 18 transmission pipeline of greater than 36 inches inside diameter under § 401 of the federal Clean Water Act (33 U.S.C.

(3) "Impounding structure" means a man-made device, whether a dam across a watercourse or other structure outside a watercourse, used or to be used for the authorized storage of flood waters for of 19 subsequent beneficial use.

(4) "Watercourse" means a natural channel having a well-defined bed and banks and in which wEterwater flows when it normally does flow.

R (5) "Riparian land" is land which is contiguous to and touches a watercourse.

It does not include separated from riparian land byoutside landthe ofwatershed anyof other ownership shall likewise be deemed riparian land,t notwithstanding that such real property is divided into tracts and parcels which may not bound upon the watercourse.

Real property under common ownership and which is not separated from riparian land by land of any other ownership shall likewise be deemed riparian land, notwithstanding that such real property is divided into tracts and parcels which may not bound upon the watercourse.

L (7) "Average flow" means the average discharge of a stream at a particular point and normallEnormally is expressed in cubic feet per second.

D (8) "Diffused surface waters" are those which, resulting from precipitation, flow down across the surface of the land until they reach a watercourse, after which they become parts of streams.

(9) "Floodwaters" means water in a stream which is over and above the average flow.

S "Beneficial use" means both instream and offstream uses.

Instream beneficial uses include bu6but are not limited to protection of fish and wildlife habitat, maintenance of waste assimilation, recreati7n,recreation, navigation, and cultural and aesthetic values.

Offstream beneficial uses include but are not liRitedlimited to domestic (including public water supply), agricultural, electric power generation, commercial, and industrial uses.

promulgation of regulations, including regulations to establish general permits, pursuant to this chapter, "Board" means the DepartmentState ofWater EnvironmentalControl Quality.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.

"Surface water management area" means a geographically defined surface water area in which the Board has deemed the levels or supply of surface water to be potentially adverse to public welfare, hea"Surfacehealth water"and meanssafety. any water in the Commonwealth, except ground water, as defined in § 62.1-255.

"Surface water" means any water in the Commonwealth, except ground water, as defined in § 62.1-255.

Copies of the decision, certified by the Director, shall be mailed by cer§of 62.1-255.18 certified mail to the permittee or applicant.

Definitions.ttee§ or62.1-255. applicant.

Definitions.

However, when used outside the context of the promulgation of regulations, including regulations to establish general permits, pursuant to this chapter, "Bo"Department""Board" means the Department of Environmental Quality.

"Eastern"Department" Shore Groundwater Management Area" means the groundDepartment water management area declared of 19Environmental byQuality. the Board encompassing the Counties of Accomack and Northampton.

"Eastern Shore Groundwater Management Area" means the ground water management area declared by the Board encompassing the Counties of Accomack and Northampton.

of 18 6.

(iv) a brief, informal statement setting forth the factual nature and the extent of the interest of the requester or of the persons for whom the requester is acting as representative in the application or tentative determination, including an explanation of 19how and to what extent such interest would be directly and adversely affected by the issuance, denial, modification, or revocation of the permit inectlyin question;

and (v) where possible, specific references to the terms and conditions of the permit in question, together with suggested revisions and alterations of those terms and conditions that the requester considers are needed to conform the permit to the intent and provisions of the basic R laws of the State Air Pollution Control Board or the State Water Control Board, as applicable.

Upon completion of the public comment period on a permit action, the Director of the Department of Environmental Quality shall review all timely requests for public hearing filed during the public comment period on the permit action and within 30 calendar days following the expiration of theLthe time period for the submission of requests shall grant a public hearing, unless the permittee oLor applicant agrees to a later date, if the Director finds the following:

(a) that there is a significant public interest in the issuance, denial, modification, or revocation of the permit in question Esas requestersevidenced raiseby substantial,receipt disputedof issuesa relevantminimum toof the25 issuance,individual denial,requests modification,for ora revocationpublic ofhearing; the permit in question;

and(b) (c) that the actionrequesters requestedraise bysubstantial, thedisputed interestedissues partyrelevant isto not on its face inconsistent with, or in violation of, the basicissuance, lawsdenial, ofmodification, the State Air Pollution Control Board if the permit action is an air permit action, or therevocation basic laws of the State Water Control Board if the permit actionin isquestion; a water permit action, federal law, or any regulation forthwith, notify by email or mail at his last known address (1) each requester and (2) the applicant or permittee of the decision to grant or deny a public hearing.

Ifand (c) that the requestaction forrequested aby Sublicthe hearinginterested party is granted,not on its face inconsistent with, or in violation of, the Directorbasic shalllaws scheduleof the hearingState atAir aPollution timeControl betweenBoard 45if andthe 75permit daysaction af6eris emailingan orair mailingpermit ofaction, or the noticebasic laws of the decisionState toWater grantControl Board if the publicpermit hearing.action is a water permit action, federal law, or any regulation promulgated thereunder.

The Director sha7lof cause,the orDepartment requireof theEnvironmental applicantQuality toshall, publish,forthwith, noticenotify ofby aemail publicor hearingmail toat behis publishedlast once,known inRaaddress subject(1) ofeach requester and (2) the permitapplicant or permitpermittee applicationof isthe located,decision atto leastgrant 30or daysdeny beforea thepublic hearinghearing. date.

If the request for a public hearing is granted, the Director shall schedule the hearing at a time between 45 and 75 days after emailing or mailing of the notice of the decision to grant the public hearing.

The Director shall cause, or require the applicant to publish, notice of a public hearing to be published once, in a newspaper of general circulation in the city or county where the facility or operation that is the subject of the permit or permit application is located, at least 30 days before the hearing date.

The public comment period shall remain open for 15 days after the close of the public hearing if required by § 10.1-1307.01 of the Code of DirectorVirginia, may,as inamended hisby discretion,this conveneact, aor public§ hearing62.1-44.15:01 onof athe permitCode action.of Virginia.

In addition, the Director may, in his discretion, convene a public hearing on a permit action.