9 Va. Admin. Code § 25-401-40

Current through Register Vol. 40, No. 22, June 17, 2024

Section 9VAC25-401-40 - Exceptions

The following exceptions to 9VAC25-401-30 A may be allowed on a case-by-case basis after review and approval by the Department of Environmental Quality:

1. Existing sewage treatment plants. Existing sewage treatment plants located in the affected waters and not authorized by 9VAC25-401-30 A may continue to discharge to surface waters provided they were constructed prior to January 1975. Such discharges may continue only as long as the Department of Environmental Quality determines that it is not feasible for them to connect to a publicly owned sewage treatment plant. Expansions of these treatment works may be allowed as long as pollutant quantities or loadings are not increased.

2. Failing septic systems. Existing residential homes, industrial and commercial operations, public facilities, and any other operation where a septic drain field system has failed may discharge treated sewage effluent provided that the applicant demonstrates that it is not feasible to connect to a publicly owned sewage treatment plant and that there is no feasible alternative except to discharge. Discharge permits shall be issued in conformance with the State Water Control Law, the Virginia VPDES Permit Regulation (9VAC25-31), and the Water Quality Standards (9VAC25-260).

9 Va. Admin. Code § 25-401-40

Derived from Virginia Register Volume 20, Issue 25, eff. September 22, 2004; Amended, Virginia Register Volume 36, Issue 12, eff. 3/4/2020.

Statutory Authority: § 62.1-44.15 of the Code of Virginia.