NOTICE OF PUBLIC COMMENT OPPORTUNITY ON PROPOSED AMENDMENT TO THE CLOSURE PLANS AND DEMONSTRATION OF FINANCIAL CAPABILITY REGULATION CONCERNING THE ADDITION OF THE CORPORATE FINANCIAL TEST AND CORPORATE GUARANTEE AND OTHER EDITORIAL CHANGES- correction made to fax number for submitting comments

Date posted: July 9, 2014

Expiration date: August 8, 2014

Submitted to Registrar for publication: NO

Notice of Action: The State Water Control Board (Board) is considering the amendment of the Closure Plans and Demonstration of Financial Capability regulation.   A regulation is a general rule governing people’s rights or conduct that is upheld by a state agency.

Regulation name:  The regulations of the Board affected by this regulatory action are the Closure Plans and Demonstration of Financial Capability Regulation, 9VAC25-650. 

Purpose of notice:  The Board is seeking comments through the Department of Environmental Quality on (i) the proposal, (ii) the costs and benefits of the proposal, (iii) effects of the proposal on farma nd forest land preservation, and (iv) impacts on small businesses.

Public Comment Period:  July 9, 2014- August 8, 2014

Public Comment Stage:  Notice of Public Comment on Proposed Amendments to the regulations. 

Description of proposed regulation:  The Board is considering adopting amendments to the named regulations at a meeting of the Board on September 29, 2014. The amendments are being proposed in response to comments received on the regulation during a recent periodic review of the regulation.

State statute (§62.1-44.18:3) requires privately owned sewerage systems and sewage treatment works “that discharge more than 1,000 gallons per day and less than 40,000 gallons per day to file with the Board a plan to abate, control, prevent, remove, or contain any substantial or imminent threat to human health or the environment.”  Financial capability must be demonstrated for the closure plan.

The purpose of the amendment is to update the regulation to be consistent with other water board regulations and to include additional financial assurance mechanisms to demonstrate financial capability.

How to comment:  DEQ accepts written comments by hand-delivery, e-mail, fax and postal mail. All written comments must include the full name, address and telephone number of the person commenting and be received by DEQ no later than on the last day of the comment period. All comments, exhibits and documents received are part of the public record.

How a decision is made: After comments have been considered, the Board will make the final decision. Citizens that submit statements during the comment period may address the Board members during the board meeting at which a final decision is made on the proposal.

To review regulation documents: The proposal is available on the department website at http://www.deq.virginia.gov/Programs/Water/Laws,Regulations,Guidance.aspx on the Water Division laws, regulations and guidance page and by contacting the DEQ representative named below.