§ 62.1-44.15:4. Notification of local governments and property owners.
A. Upon determining that there has been a violation of a regulationpromulgated under this chapter and such violation poses an imminent threat tothe health, safety or welfare of the public, the Executive Director shallimmediately notify the chief administrative officer of any potentiallyaffected local government. Neither the Executive Director, the Commonwealth,nor any employee of the Commonwealth shall be liable for a failure toprovide, or a delay in providing, the notification required by thissubsection.
B. Upon receiving a nomination of a waterway or segment of a waterway fordesignation as an exceptional state water pursuant to the Board'santidegradation policy, as required by 40 C.F.R. § 131.12, the Board shallnotify each locality in which the waterway or segment lies and shall make agood faith effort to provide notice to impacted riparian property owners. Thewritten notice shall include, at a minimum: (i) a description of the locationof the waterway or segment; (ii) the procedures and criteria for designationas well as the impact of designation; (iii) the name of the person making thenomination; and (iv) the name of a contact person at the Department ofEnvironmental Quality who is knowledgeable about the nomination and thewaterway or segment. Notice to property owners shall be based on names andaddresses taken from local tax rolls. Such names and addresses shall beprovided by the Commissioners of the Revenue or the tax assessor's office ofthe affected jurisdictions upon request by the Board. After receipt of thenotice of the nomination localities shall be provided sixty days to commenton the consistency of the nomination with the locality's comprehensive plan.
C. Upon determining that a waterway or any segment of a waterway does notmeet its water quality standard use designation as set out in the Board'sregulations and as required by § 1313 (d) of the federal Clean Water Act (33U.S.C. § 1251 et seq.) and 40 C.F.R. § 130.7 (b), the Board shall notify eachlocality in which the waterway or segment lies. The written notificationshall include, at a minimum: (i) a description of the reasons the waters donot meet the water quality standard including specific parameters andcriteria not met; (ii) a layman's description of the location of the waters;(iii) the known sources of the pollution; and (iv) the name of a contactperson at the Department of Environmental Quality who is knowledgeable aboutthe failure of the waterway or segment to meet the standards. After receiptof the notification, local governments shall have thirty days to comment.
D. Upon receipt of an application for the issuance of a new or modifiedpermit other than those for agricultural production or aquaculturalproduction activities, the Board shall notify, in writing, the localitywherein the discharge does or is proposed to take place of, at a minimum: (i)the name of the applicant; (ii) the nature of the application and proposeddischarge; (iii) the availability and timing of any comment period; and (iv)upon request, any other information known to, or in the possession of, theBoard or the Department regarding the applicant not required to be heldconfidential by this chapter. The Board shall make a good faith effort toprovide this same notice and information to (i) each locality and riparianproperty owner to a distance one quarter mile downstream and one quarter mileupstream or to the fall line whichever is closer on tidal waters, and (ii)each locality and riparian property owner to a distance one half miledownstream on nontidal waters. Distances shall be measured from the point, orproposed point, of discharge. If the receiving river, at the point orproposed point of discharge, is two miles wide or greater, the riparianproperty owners on the opposite shore need not be notified. Notice toproperty owners shall be based on names and addresses taken from local taxrolls. Such names and addresses shall be provided by the Commissioners of theRevenue or the tax assessor's office of the affected jurisdictions uponrequest by the Board.
E. Upon the commencement of public notice of an enforcement action pursuantto this chapter, the Board shall notify, in writing, the locality where thealleged offense has or is taking place of: (i) the name of the allegedviolator; (ii) the facts of the alleged violation; (iii) the statutoryremedies for the alleged violation; (iv) the availability and timing of anycomment period; and (v) the name of a contact person at the Department ofEnvironmental Quality who is knowledgeable about the alleged violation.
F. The comment periods established in subsections B and C shall in no wayimpact a locality's ability to comment during any additional comment periodsestablished by the Board.
§ 62.1-44.15:4. Notification of local governments and property owners.
A. Upon determining that there has been a violation of a regulationpromulgated under this chapter and such violation poses an imminent threat tothe health, safety or welfare of the public, the Executive Director shallimmediately notify the chief administrative officer of any potentiallyaffected local government. Neither the Executive Director, the Commonwealth,nor any employee of the Commonwealth shall be liable for a failure toprovide, or a delay in providing, the notification required by thissubsection.
B. Upon receiving a nomination of a waterway or segment of a waterway fordesignation as an exceptional state water pursuant to the Board'santidegradation policy, as required by 40 C.F.R. § 131.12, the Board shallnotify each locality in which the waterway or segment lies and shall make agood faith effort to provide notice to impacted riparian property owners. Thewritten notice shall include, at a minimum: (i) a description of the locationof the waterway or segment; (ii) the procedures and criteria for designationas well as the impact of designation; (iii) the name of the person making thenomination; and (iv) the name of a contact person at the Department ofEnvironmental Quality who is knowledgeable about the nomination and thewaterway or segment. Notice to property owners shall be based on names andaddresses taken from local tax rolls. Such names and addresses shall beprovided by the Commissioners of the Revenue or the tax assessor's office ofthe affected jurisdictions upon request by the Board. After receipt of thenotice of the nomination localities shall be provided sixty days to commenton the consistency of the nomination with the locality's comprehensive plan.
C. Upon determining that a waterway or any segment of a waterway does notmeet its water quality standard use designation as set out in the Board'sregulations and as required by § 1313 (d) of the federal Clean Water Act (33U.S.C. § 1251 et seq.) and 40 C.F.R. § 130.7 (b), the Board shall notify eachlocality in which the waterway or segment lies. The written notificationshall include, at a minimum: (i) a description of the reasons the waters donot meet the water quality standard including specific parameters andcriteria not met; (ii) a layman's description of the location of the waters;(iii) the known sources of the pollution; and (iv) the name of a contactperson at the Department of Environmental Quality who is knowledgeable aboutthe failure of the waterway or segment to meet the standards. After receiptof the notification, local governments shall have thirty days to comment.
D. Upon receipt of an application for the issuance of a new or modifiedpermit other than those for agricultural production or aquaculturalproduction activities, the Board shall notify, in writing, the localitywherein the discharge does or is proposed to take place of, at a minimum: (i)the name of the applicant; (ii) the nature of the application and proposeddischarge; (iii) the availability and timing of any comment period; and (iv)upon request, any other information known to, or in the possession of, theBoard or the Department regarding the applicant not required to be heldconfidential by this chapter. The Board shall make a good faith effort toprovide this same notice and information to (i) each locality and riparianproperty owner to a distance one quarter mile downstream and one quarter mileupstream or to the fall line whichever is closer on tidal waters, and (ii)each locality and riparian property owner to a distance one half miledownstream on nontidal waters. Distances shall be measured from the point, orproposed point, of discharge. If the receiving river, at the point orproposed point of discharge, is two miles wide or greater, the riparianproperty owners on the opposite shore need not be notified. Notice toproperty owners shall be based on names and addresses taken from local taxrolls. Such names and addresses shall be provided by the Commissioners of theRevenue or the tax assessor's office of the affected jurisdictions uponrequest by the Board.
E. Upon the commencement of public notice of an enforcement action pursuantto this chapter, the Board shall notify, in writing, the locality where thealleged offense has or is taking place of: (i) the name of the allegedviolator; (ii) the facts of the alleged violation; (iii) the statutoryremedies for the alleged violation; (iv) the availability and timing of anycomment period; and (v) the name of a contact person at the Department ofEnvironmental Quality who is knowledgeable about the alleged violation.
F. The comment periods established in subsections B and C shall in no wayimpact a locality's ability to comment during any additional comment periodsestablished by the Board.
§ 62.1-44.15:4. Notification of local governments and property owners.
A. Upon determining that there has been a violation of a regulationpromulgated under this chapter and such violation poses an imminent threat tothe health, safety or welfare of the public, the Executive Director shallimmediately notify the chief administrative officer of any potentiallyaffected local government. Neither the Executive Director, the Commonwealth,nor any employee of the Commonwealth shall be liable for a failure toprovide, or a delay in providing, the notification required by thissubsection.
B. Upon receiving a nomination of a waterway or segment of a waterway fordesignation as an exceptional state water pursuant to the Board'santidegradation policy, as required by 40 C.F.R. § 131.12, the Board shallnotify each locality in which the waterway or segment lies and shall make agood faith effort to provide notice to impacted riparian property owners. Thewritten notice shall include, at a minimum: (i) a description of the locationof the waterway or segment; (ii) the procedures and criteria for designationas well as the impact of designation; (iii) the name of the person making thenomination; and (iv) the name of a contact person at the Department ofEnvironmental Quality who is knowledgeable about the nomination and thewaterway or segment. Notice to property owners shall be based on names andaddresses taken from local tax rolls. Such names and addresses shall beprovided by the Commissioners of the Revenue or the tax assessor's office ofthe affected jurisdictions upon request by the Board. After receipt of thenotice of the nomination localities shall be provided sixty days to commenton the consistency of the nomination with the locality's comprehensive plan.
C. Upon determining that a waterway or any segment of a waterway does notmeet its water quality standard use designation as set out in the Board'sregulations and as required by § 1313 (d) of the federal Clean Water Act (33U.S.C. § 1251 et seq.) and 40 C.F.R. § 130.7 (b), the Board shall notify eachlocality in which the waterway or segment lies. The written notificationshall include, at a minimum: (i) a description of the reasons the waters donot meet the water quality standard including specific parameters andcriteria not met; (ii) a layman's description of the location of the waters;(iii) the known sources of the pollution; and (iv) the name of a contactperson at the Department of Environmental Quality who is knowledgeable aboutthe failure of the waterway or segment to meet the standards. After receiptof the notification, local governments shall have thirty days to comment.
D. Upon receipt of an application for the issuance of a new or modifiedpermit other than those for agricultural production or aquaculturalproduction activities, the Board shall notify, in writing, the localitywherein the discharge does or is proposed to take place of, at a minimum: (i)the name of the applicant; (ii) the nature of the application and proposeddischarge; (iii) the availability and timing of any comment period; and (iv)upon request, any other information known to, or in the possession of, theBoard or the Department regarding the applicant not required to be heldconfidential by this chapter. The Board shall make a good faith effort toprovide this same notice and information to (i) each locality and riparianproperty owner to a distance one quarter mile downstream and one quarter mileupstream or to the fall line whichever is closer on tidal waters, and (ii)each locality and riparian property owner to a distance one half miledownstream on nontidal waters. Distances shall be measured from the point, orproposed point, of discharge. If the receiving river, at the point orproposed point of discharge, is two miles wide or greater, the riparianproperty owners on the opposite shore need not be notified. Notice toproperty owners shall be based on names and addresses taken from local taxrolls. Such names and addresses shall be provided by the Commissioners of theRevenue or the tax assessor's office of the affected jurisdictions uponrequest by the Board.
E. Upon the commencement of public notice of an enforcement action pursuantto this chapter, the Board shall notify, in writing, the locality where thealleged offense has or is taking place of: (i) the name of the allegedviolator; (ii) the facts of the alleged violation; (iii) the statutoryremedies for the alleged violation; (iv) the availability and timing of anycomment period; and (v) the name of a contact person at the Department ofEnvironmental Quality who is knowledgeable about the alleged violation.
F. The comment periods established in subsections B and C shall in no wayimpact a locality's ability to comment during any additional comment periodsestablished by the Board.
