§ 62.1-44.18:3. Permit for private sewerage facility; financial assurance;violations; waiver of filing.
A. No person shall operate a privately owned sewerage system or seweragetreatment works, including an LHS 120 facility, that discharges more than1,000 gallons per day and less than 40,000 gallons per day without obtaininga Virginia Pollutant Discharge Elimination System permit. Any owner of such afacility shall file with the Board a plan to abate, control, prevent, remove,or contain any substantial or imminent threat to public health or theenvironment that is reasonably likely to occur if such facility ceasesoperations. Such plan shall also include a demonstration of financialcapability to implement the plan. Financial capability may be demonstrated bythe creation of a trust fund, a submission of a bond, a corporate guaranteebased upon audited financial statements, or such other instruments as theBoard may deem appropriate. The Board may require that such plan andinstruments be updated as appropriate.
For the purposes of this section, "ceases operation" means to ceaseconducting the normal operation of a facility that is regulated under thischapter under circumstances where it would be reasonable to expect that suchoperation will not be resumed by the owner at the facility. The term shallnot include the sale or transfer of a facility in the ordinary course ofbusiness or a permit transfer in accordance with Board regulations.
Any person who ceases operations and who knowingly and willfully fails toimplement a closure plan or to provide adequate funds for implementation ofsuch plan shall, if such failure results in a significant harm or an imminentand substantial threat of significant harm to human health or theenvironment, be liable to the Commonwealth and any political subdivisionthereof for the costs incurred in abating, controlling, preventing, removing,or containing such harm or threat. This shall not in any way limit otherrecourse available to the Board.
Any person who ceases operations and who knowingly and willfully fails toimplement a closure plan or to provide adequate funds for implementation ofsuch plan shall, if such failure results in a significant harm or an imminentand substantial threat of significant harm to human health or theenvironment, be guilty of a Class 4 felony.
B. The Board may waive the filing of the plan required pursuant to subsectionA for any person who operates a privately owned sewerage system or seweragetreatment works that was permitted prior to January 1, 2001, and dischargesless than 5,000 gallons per day upon a finding that such person has notviolated any regulation or order of the Board, any condition of a permit tooperate the facility, or any provision of this chapter for a period of notless than five years; provided, that no waiver may be approved by the Boarduntil after the governing body of the locality in which the facility islocated approves the waiver after a public hearing. The Board may revoke suchwaiver at any time for good cause. Any person receiving a waiver who ceasesoperations shall, if such cessation of operation results in a significantharm or an imminent and substantial risk of significant harm to human healthand the environment, be guilty of a Class 4 felony and liable to theCommonwealth and any political subdivision thereof, for the costs incurred inabating, controlling, preventing, removing, or containing such harm or threat.
C. The Department of Environmental Quality shall promulgate regulationsnecessary to carry out the provisions of this section. The Department shallidentify by January 1, 2001, those facilities regulated under this section.
§ 62.1-44.18:3. Permit for private sewerage facility; financial assurance;violations; waiver of filing.
A. No person shall operate a privately owned sewerage system or seweragetreatment works, including an LHS 120 facility, that discharges more than1,000 gallons per day and less than 40,000 gallons per day without obtaininga Virginia Pollutant Discharge Elimination System permit. Any owner of such afacility shall file with the Board a plan to abate, control, prevent, remove,or contain any substantial or imminent threat to public health or theenvironment that is reasonably likely to occur if such facility ceasesoperations. Such plan shall also include a demonstration of financialcapability to implement the plan. Financial capability may be demonstrated bythe creation of a trust fund, a submission of a bond, a corporate guaranteebased upon audited financial statements, or such other instruments as theBoard may deem appropriate. The Board may require that such plan andinstruments be updated as appropriate.
For the purposes of this section, "ceases operation" means to ceaseconducting the normal operation of a facility that is regulated under thischapter under circumstances where it would be reasonable to expect that suchoperation will not be resumed by the owner at the facility. The term shallnot include the sale or transfer of a facility in the ordinary course ofbusiness or a permit transfer in accordance with Board regulations.
Any person who ceases operations and who knowingly and willfully fails toimplement a closure plan or to provide adequate funds for implementation ofsuch plan shall, if such failure results in a significant harm or an imminentand substantial threat of significant harm to human health or theenvironment, be liable to the Commonwealth and any political subdivisionthereof for the costs incurred in abating, controlling, preventing, removing,or containing such harm or threat. This shall not in any way limit otherrecourse available to the Board.
Any person who ceases operations and who knowingly and willfully fails toimplement a closure plan or to provide adequate funds for implementation ofsuch plan shall, if such failure results in a significant harm or an imminentand substantial threat of significant harm to human health or theenvironment, be guilty of a Class 4 felony.
B. The Board may waive the filing of the plan required pursuant to subsectionA for any person who operates a privately owned sewerage system or seweragetreatment works that was permitted prior to January 1, 2001, and dischargesless than 5,000 gallons per day upon a finding that such person has notviolated any regulation or order of the Board, any condition of a permit tooperate the facility, or any provision of this chapter for a period of notless than five years; provided, that no waiver may be approved by the Boarduntil after the governing body of the locality in which the facility islocated approves the waiver after a public hearing. The Board may revoke suchwaiver at any time for good cause. Any person receiving a waiver who ceasesoperations shall, if such cessation of operation results in a significantharm or an imminent and substantial risk of significant harm to human healthand the environment, be guilty of a Class 4 felony and liable to theCommonwealth and any political subdivision thereof, for the costs incurred inabating, controlling, preventing, removing, or containing such harm or threat.
C. The Department of Environmental Quality shall promulgate regulationsnecessary to carry out the provisions of this section. The Department shallidentify by January 1, 2001, those facilities regulated under this section.
§ 62.1-44.18:3. Permit for private sewerage facility; financial assurance;violations; waiver of filing.
A. No person shall operate a privately owned sewerage system or seweragetreatment works, including an LHS 120 facility, that discharges more than1,000 gallons per day and less than 40,000 gallons per day without obtaininga Virginia Pollutant Discharge Elimination System permit. Any owner of such afacility shall file with the Board a plan to abate, control, prevent, remove,or contain any substantial or imminent threat to public health or theenvironment that is reasonably likely to occur if such facility ceasesoperations. Such plan shall also include a demonstration of financialcapability to implement the plan. Financial capability may be demonstrated bythe creation of a trust fund, a submission of a bond, a corporate guaranteebased upon audited financial statements, or such other instruments as theBoard may deem appropriate. The Board may require that such plan andinstruments be updated as appropriate.
For the purposes of this section, "ceases operation" means to ceaseconducting the normal operation of a facility that is regulated under thischapter under circumstances where it would be reasonable to expect that suchoperation will not be resumed by the owner at the facility. The term shallnot include the sale or transfer of a facility in the ordinary course ofbusiness or a permit transfer in accordance with Board regulations.
Any person who ceases operations and who knowingly and willfully fails toimplement a closure plan or to provide adequate funds for implementation ofsuch plan shall, if such failure results in a significant harm or an imminentand substantial threat of significant harm to human health or theenvironment, be liable to the Commonwealth and any political subdivisionthereof for the costs incurred in abating, controlling, preventing, removing,or containing such harm or threat. This shall not in any way limit otherrecourse available to the Board.
Any person who ceases operations and who knowingly and willfully fails toimplement a closure plan or to provide adequate funds for implementation ofsuch plan shall, if such failure results in a significant harm or an imminentand substantial threat of significant harm to human health or theenvironment, be guilty of a Class 4 felony.
B. The Board may waive the filing of the plan required pursuant to subsectionA for any person who operates a privately owned sewerage system or seweragetreatment works that was permitted prior to January 1, 2001, and dischargesless than 5,000 gallons per day upon a finding that such person has notviolated any regulation or order of the Board, any condition of a permit tooperate the facility, or any provision of this chapter for a period of notless than five years; provided, that no waiver may be approved by the Boarduntil after the governing body of the locality in which the facility islocated approves the waiver after a public hearing. The Board may revoke suchwaiver at any time for good cause. Any person receiving a waiver who ceasesoperations shall, if such cessation of operation results in a significantharm or an imminent and substantial risk of significant harm to human healthand the environment, be guilty of a Class 4 felony and liable to theCommonwealth and any political subdivision thereof, for the costs incurred inabating, controlling, preventing, removing, or containing such harm or threat.
C. The Department of Environmental Quality shall promulgate regulationsnecessary to carry out the provisions of this section. The Department shallidentify by January 1, 2001, those facilities regulated under this section.
