14102471D
SENATE BILL NO. 217
Offered January 8, 2014
Prefiled January 3, 2014
A BILL to amend and reenact §45.1-254 of the Code of
Virginia, relating to pollutant discharge permit for mining operations.
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Patron-- Carrico
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Referred to Committee on Agriculture, Conservation and Natural Resources
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Be it enacted by the General Assembly of Virginia:
1. That §45.1-254 of the Code of Virginia is amended and
reenacted as follows:
§45.1-254. National pollutant discharge elimination system
permits.
A. The authority to issue, amend, revoke and enforce national
pollutant discharge elimination system permits under the State Water Control
Law (§62.1-44.2 et seq.) for the discharge of sewage, industrial wastes and
other wastes from coal surface mining operations, to the extent delegated by
the U.S. Environmental Protection Agency and required under the federal Clean
Water Act, P.L. 92-500, as amended, is vested solely in the Director,
notwithstanding any provision of law contained in Title 62.1, except as
provided herein. For the purpose of enforcement under this section, the
provisions of §§62.1-44.31 and 62.1-44.32 shall apply to permits, orders and
regulations issued by the Director in accordance with this section.
B. The Director shall transmit
to the State Water Control Board a copy of each application for a national
pollutant discharge elimination system permit received by the Director, and
provide written notice to the State Water Control Board of every action related
to the consideration of such permit application.
C. Prior
to the issuance or reissuance of a permit, applicants shall submit an application
on a form approved by the Director and a fee of $300 for each discharge outfall
point under the permit. If an application is approved the permittee shall, on
the anniversary of the permit approval for each year of the permit term, submit
$300 for each discharge outfall point under the permit. Each permit shall
remain valid for five years. All fees provided for under this section shall be
in addition to any other fees levied pursuant to this chapter.
D. No national pollutant
discharge elimination system permit shall be issued if, within 30 days of the
date of the transmittal of the complete application and the proposed national
pollution discharge elimination system permit, the State Water Control Board
objects in writing to the issuance of such permit. Whenever the State Water
Control Board objects to the issuance of such permit under this section, such
written objection shall contain a statement of the reasons for such objection
and the effluent limitations and conditions which such permits would include if
it were issued by the State Water Control Board.
E. An applicant who is
aggrieved by an objection made under subsection D of this section shall have
the right to a hearing before the State Water Control Board pursuant to §
62.1-44.25. If the State Water Control Board withdraws, in writing, its
objection to the issuance of a certificate, the Director may issue the permit.
Any applicant, aggrieved by a final decision of the State Water Control Board
made pursuant to this subsection, shall have the right to judicial review in
accordance with the provisions of the Administrative Process Act (§2.2-4000 et
seq.).
F. C. Whenever,
on the basis of any information available to it, the State Water Control Board
finds that any person is in violation of any condition or limitation contained
in a national pollutant discharge elimination system permit issued by the
Director, it shall notify the person in alleged violation and the Director. If
beyond the thirtieth day after notification by the State Water Control Board,
the Director has not commenced appropriate enforcement action, the State Water
Control Board may take appropriate enforcement action pursuant to §§
62.1-44.15, 62.1-44.23, and 62.1-44.32.
G. D. The
Director shall promulgate such regulations as deemed necessary for the
issuance, administration, monitoring and enforcement of national pollutant
discharge elimination system permits for coal surface mining operations.
H. E. For the
purpose of this section, the terms "sewage," "industrial
wastes" and "other wastes" shall have the meanings ascribed to
them in §62.1-44.3.
I. F. The
Director, by examining the available and relevant data, shall determine whether
a discharge may cause or contribute to an instream excursion above the
narrative or numeric criteria of a water quality standard.
J. G. If a
total maximum daily load (TMDL) has been established by the State Water Control
Board for the receiving water body, then there shall be consideration of the
TMDL in the reasonable potential determination as to whether a discharge may
cause or contribute to an instream excursion above the narrative or numeric
criteria of a water quality standard. If the receiving water body does not have
a TMDL established, the Director may consider biological monitoring, chemical monitoring,
and whole effluent toxicity testing to determine whether a discharge may cause
or contribute to an instream excursion above the narrative or numeric criteria
of a water quality standard. The Director may require whole effluent toxicity
testing if he determines that the discharge adversely affects the biological
condition of the receiving water body.
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