Virginia Regulatory Town Hall
Natural and Historic Resources
Department of Environmental Quality
State Water Control Board
Petition 61
Petition Information
Petition Title New Kent County Parham Landing Sewage Treatment Plant Waste Load Allocations
Date Filed 7/7/2008   
Petitioner New Kent County 
Petitioner's Request

Amend the Water Quality Management Planning Regulation (9 VAC 25-720), within section 120.C, to revise the total nitrogen and total phosphorus waste load allocations for New Kent County's Parham Landing wastewater facility (VPDES Permit No. 0088331). The County originally planned to expand the plant from 0.568 million gallons per day (MGD) to 3.0 MGD, and now intends to construct a smaller addition that will increase the design flow to 2.0 MGD. The funds saved by constructing the smaller plant will be used by the County to build a reuse system that will provide bulk inrrigation water to aid in preventing groundwater shortages in the area. This change will result in lower discharged nutrient waste load allocations; the total nitrogen allocation would decrease by 18,273 lbs/yr (from 54,820 to 36,547 lbs/yr) and the total phosphorus allocation would decrease by 2,132 lbs/yr (from 6,396 to 4,264 lbs/yr). The County asks that since this request is expected to be non-controversial, that the rulemaking be "fast-tracked".

Agency's Plan

Public-notice receipt of the petition in the Virginia Register of Regulations on August 4, 2008, and provide for a 21-day public comment period. Upon close of the public comment period on August 25, 2008, review any comments received and then make a decision to either initiate a rulemaking or place the petition on the Board's next meeting agenda for their consideration. 

Comment Period Began 8/4/2008    Ended 8/25/2008
Agency Decision Initiate a regulatory change    
Response Date 10/16/2008
Agency Decision Summary


At their October, 2008 meeting, the State Water Control Board adopted the following recommendations by staff of the Department of Environmental Quality:
1. That the Board authorize the Department to promulgate the attached proposal for public comment using the fast-track process established in § 2.2-4012.1 of the Administrative Process Act for regulations expected to be non-controversial. The Board's authorization should also be understood to constitute its adoption of the regulation at the end of the public comment period provided that (i) no objection to use of the fast-track process is received from 10 or more persons, or any member of the applicable standing committee of either house of the General Assembly or of the Joint Commission on Administrative Rules, and (ii) the Department does not find it necessary, based on public comments or for any other reason, to make any changes to the proposal.
2. That the Board authorize the Department to set an effective date 15 days after close of the 30-day public comment period provided (i) the proposal completes the fast-track rulemaking process as provided in § 2.2-4012.1 of the Administrative Process Act and (ii) the Department does not find it necessary to make any changes to the proposal.
3. Should the proposal fail to complete the fast-track rulemaking process as provided in § 2.2-4012.1 of the Administrative Process Act or changes to the proposal be needed, it is recommended that the Board authorize the Director to make the decision under 9 VAC 25-10-30.C. concerning the use of the participatory approach or alternatives.
Associated regulatory action New Kent County/Parham Landing
Latest Stage: Fast-Track