Virginia Wastewater Variances regulations & environmental compliance analysis

Virginia Wastewater Variances: What you need to know

Governing Law and Regulations

National Pollutant Discharge Elimination System (NPDES) permit variances: 9 Virginia Administrative Code (VAC) 25-31-340

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Non-publicly owned treatment works (POTW) variance requests: 9 VAC 25-31-100(M)

POTW variance requests: 9 VAC 25-31-100(N)

Variance appeals: 9 VAC 25-31-350

Expedited variances: 9 VAC 25-31-100(O)

Erosion and sediment control: 9 VAC 25-840-50

Regulatory Agencies

Virginia Department of Environmental Quality (DEQ) Water Division

Virginia Water Control Board

Virginia Soil and Water Conservation Board

U.S. Environmental Protection Agency (EPA) Region 3

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Virginia has adopted the economic factors, water quality, and federal fundamentally different factors (FDF) variances for wastewater. See the national section WASTEWATER VARIANCES for additional guidance.

The variance may be used as a procedural mechanism when seeking a more or less stringent standard than the one currently applicable to that particular type of industrial facility that may require a Virginia Pollutant Discharge Elimination System (VPDES) permit. For additional information about VPDES permits, see the state section NPDES PERMIT.

The state has also developed its own regulations for managing erosion and controlling sedimentation in Virginia's waters.

Administration and enforcement. DEQ's Water Division is responsible for administering and enforcing the VPDES permit requirements in Virginia.

The Virginia Water Control Board is responsible for the administration and enforcement of the state's wastewater variance requests with final approval by the EPA.

The ...


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