Final Text
Part X
Delegation of Permitting and Enforcement Authority
9VAC25-31-940. Delegation of authority to Authority of
the Department of Mines, Minerals and Energy for coal surface mining
operations.
For the purpose of Part X of this chapter, NPDES and VPDES permits are synonymous.
A. The board pursuant to § 45.1-254 of the Code of Virginia
hereby delegates to the The Director of the Department of Mines,
Minerals and Energy (DMME), Division of Mined Land Reclamation (DMLR) or its
authorized agents its has the authority to issue, revoke and
reissue, modify, or terminate NPDES permits for the discharge of industrial
wastes or other wastes other than sewage from coal surface mining operations as
defined in § 45.1-229 of the Code of Virginia. Any NPDES permit issued,
modified, or revoked and reissued, under this delegation by
the Director of DMME that meets the conditions set forth in this chapter
shall be as valid and enforceable as if issued by the board.
B. The delegation of authority contained in subsection A of
this section is conditioned upon compliance with the following provisions Prior
to issuing permits, the Director of DMME shall adhere to the following
requirements:
1. That every permit issued, revoked and reissued, or modified shall conform to the requirements of this chapter, the CWA, and all pertinent regulations adopted by the board under law and those adopted under the CWA;
2. That the DMLR Director of DMME shall transmit
to the department a copy of each application for a NPDES permit received by it,
a copy of every draft NPDES permit prepared by it, and written notice of every
action taken or contemplated to be taken by the DMLR Director of DMME
with respect to such a permit; and
3. That no NPDES permit shall be issued, revoked and reissued,
or modified if, within 30 days of the date of the transmittal to the department
of the complete application and the draft NPDES permit to it, the board objects
in writing to the issuance, revocation and reissuance, or modification of such
permit. Where required, the board shall stipulate more stringent permit
conditions as necessary to maintain applicable water quality standards and
provisions of the law. Each such stipulation shall be accompanied by a
justifying documentation to the DMLR Director of DMME. Such
stipulations shall be binding upon the DMLR Director of DMME.
However, nothing herein shall affect or impair any rights that the applicant
may have to a public hearing before the board pursuant to the law or to
judicial review of such decision pursuant to the law.
C. The board hereby delegates to the DMLR its authority to
Director of DMME shall enforce NPDES permits issued to coal surface
mining operations for the discharge of industrial wastes and other wastes;
provided, however, that the board reserves the right to assert its enforcement
authority as provided in § 45.1-254 E F of the Code of
Virginia and provided further that the board reserves the right to take
emergency enforcement action where the DMLR Director of DMME has
not taken or cannot take effective emergency enforcement action.