Virginia Regulatory Town Hall

Proposed Text

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Action:
Repeal of Procedural Rule No. 3
Stage: Fast-Track
 
9VAC25-240

CHAPTER 240
PROCEDURAL RULE NO. 3 - CERTIFICATION PURSUANT TO 33 USC § 1341 ("401" CERTIFICATION): PROCEDURES FOR APPLICATIONS, FOR ISSUANCE, AND FOR REQUESTS FOR MODIFICATION OR REVOCATION (REPEALED)

9VAC25-240-10

9VAC25-240-10. Definitions. (Repealed.)

For purposes of this chapter, the term

"Certification" means certification by the board pursuant to 33 USC § 1341. Unless otherwise indicated, the definitions contained in § 62.1-44.3 of the Code of Virginia and in the board's Procedural Rule No. 1 (9VAC25-230-10 et seq.) and Regulation No. 6 also apply.

9VAC25-240-20

9VAC25-240-20. General requirement and purpose. (Repealed.)

In order to comply with § 401 of the Clean Water Act of 1977 (33 USC § 1341) (the Act), any applicant for a federal license or permit to conduct any activity, including, but not limited to, the construction or operation of facilities which may result in a discharge to State waters, must provide the federal licensing or permitting authority with a certification from the State Water Control Board (Board) in accordance with the State Water Control Law (the Law) that the activity will comply with the applicable provisions of §§ 301, 302, 303, 306 and 307 of the Act. A certification must set forth any effluent limitations and other limitations and monitoring requirements necessary to assure compliance with the Act itself and with other appropriate requirements of state law, and these become a condition on the federal license or permit. The following procedures are to be followed when applying for certification, and when requesting that certification be modified or revoked.

9VAC25-240-30

9VAC25-240-30. Time of filing. (Repealed.)

The application for certification should be filed prior to or concurrently with the application for the federal license or permit for which the certification is required. Applications for certification that are filed after the application for a federal permit has been filed will be accepted and processed but the issuance of the federal permit may be delayed.

9VAC25-240-40

9VAC25-240-40. Filing and content of the application. (Repealed.)

Prospective applicants for certification should contact the Bureau of Surveillance and Field Studies at the Board or the Virginia Marine Resources Commission concerning application forms. Where possible the Board will utilize existing forms; ordinarily the "Joint Permit/Application for Dredge, Fill and Structures in the Waters and Wetlands of Virginia" will be used. Joint permit applications may be obtained from the Commissioner of Marine Resources; those applications will be processed in accordance with the procedures specified in the application form.

9VAC25-240-50

9VAC25-240-50. Public notice; application for certification. (Repealed.)

Upon receipt of a completed application for certification of a project that requires a permit from the Secretary of the Army, the board, the commissioner of Marine Resources, or the district engineer, as appropriate, will arrange to distribute public notice of the application. Where appropriate, this notification shall be accomplished by the Joint State-Federal Public Notice as circulated by the U.S. Army Corps of Engineers. If this Joint State-Federal Public Notice procedure has not been implemented within a corps of engineers district, or if no corps permit is involved, the public notice will be published once in a newspaper of general circulation in the area in which the proposed activity is to take place. The publication will be at the applicant's expense. In addition to any other information required by Law, the public notice will include:

1. The name and address of the board and the address and telephone number of the board office at which persons may obtain information pertinent to the application;

2. A brief description of the activity or operation for which the application is made or which will or may result in a discharge to state waters;

3. The precise location of such activity and the state waters that will or may be affected. The location should be described, where possible, with reference to route numbers, road intersections, map coordinates or similar information; and

4. A brief description of the board's procedures for formulation of final determinations, including the appropriate comment period required by paragraph A of 9 VAC25-240-60 and the means by which interested persons may comment on the application.

9VAC25-240-60

9VAC25-240-60. Hearings and final decisions. (Repealed.)

A. The board shall provide a period of not less than 15 days nor more than 30 days following the date of the publication of public notice during which interested persons may submit written comments and requests for a hearing on the application or request. All written comments submitted during the comment period will be retained by the board and considered during its final decision on the application or request.

B. The executive secretary shall consider all written comments and requests for hearing received during the comment period, and shall make a determination on the necessity of a hearing in accordance with 9VAC25-230-50 (Procedural Rule No. 1). All proceedings, hearings and decisions from it will be in accordance with Procedural Rule No. 1.

C. Should the executive secretary, in accordance with 9VAC25-230-70, (Procedural Rule No. 1), determine to dispense with the hearing, he may grant the certification, or, in his discretion, transmit the application or request, together with all written comments thereon and relevant staff documents, to the board for its decision. The executive secretary may transmit with the application or request a staff recommendation for the board's consideration, together with any supporting documents.

9VAC25-240-70

9VAC25-240-70. Requests for modification or revocation; public notice. (Repealed.)

A. The certification holder or the board's staff, may, at any time, file with the executive secretary a written request that certification be modified or revoked. Requests for modification or revocation of certification shall contain the following information:

1. If the request is made by the certification holder, the name, mailing address and telephone number of the requester and the name, mailing address, and telephone number of anyone representing him;

2. Where applicable, a statement specifically setting forth the requested modification, and the reason for it; and

3. Where applicable, a statement specifically setting forth the reason for the requested revocation.

B. The executive secretary shall review all requests for modification or revocation filed in accordance with this section, and shall make a tentative determination whether to grant or deny the requested modification or revocation. He shall then act upon the request within 30 calendar days following receipt of a complete request in accordance with one of the following subsections.

C. The executive secretary shall, in his discretion, either (i) promptly schedule a public hearing and advertise it as provided in 9VAC25-230-50 D, (Procedural Rule No. 1), or (ii) publish public notice of his determination in accordance with the procedures for the publication of completed applications contained in 9VAC25-240-50, if he finds the following:

1. The certification holder objects to the proposed revocation and the proposed revocation is not on its face inconsistent with or in violation of the law, federal law, or any pertinent regulation; or

2. The requested modification is not a minor one but affects the substance of the certification and the requested modification is not on its face inconsistent with, or in violation of the law, federal law or any applicable regulation.

D. The executive secretary or the board may, without public notice, grant the requested modification where the executive secretary finds the following:

1. The holder of the certification has either requested the modification, or does not object; and

2. The requested modification is not inconsistent with, or in violation of the Law, federal law or any applicable regulation; and

3. The requested modification is a minor one and does not affect the substance of the certification.

E. The board may, without public notice, grant the requested revocation where it finds that the certification holder has either requested the revocation or does not object.

F. The executive secretary shall summarily deny the requested modification or revocation where he finds that it is on its face inconsistent with, or in violation of the Law, federal law or any pertinent regulation.