Notice of intended action: The State Water Control Board is considering the amendment of a regulation on sewage collection and treatment. A regulation is a general rule governing people's rights or conduct that is upheld by a state agency.

Regulation name: Sewage Collection and Treatment Regulations Regulation (9VAC25-790)

Purpose of notice: The board is seeking comments through the Department of Environmental Quality on 1) the proposal 2) the costs and benefits of the proposal 3) effects of the proposal on farm and forest land preservation and 4) impacts on small businesses

Public comment period: October 21 -  December 20, 2024

Public comment stage: Notice of Public Comment

Description of proposed regulation: The substance of this regulatory action is to amend Sewage Collection and Treatment Regulations (9VAC25-790) to include a requirement for permitted sewage treatment works located within the Chesapeake Bay Watershed to report all septic systems (or other on-site sewage disposal systems) taken off-line and connected to sewerage systems. as mandated by The Commonwealth’s Chesapeake Bay Total Maximum Daily Load Phase III Watershed Implementation Plan (WIP) (Initiative 53). This requirement will ensure a more accurate count of nutrient reductions resulting from septic connected to sewer, which will assist with tracking the Commonwealth’s progress towards water quality goals, including Chesapeake Bay watershed restoration goals.

Federal information: The seven jurisdictions of the Chesapeake Bay Partnership agreed to develop and implement WIPs in three phases to provide a framework for the goals and milestones necessary towards Chesapeake Bay restoration goals. This reporting requirement is directly mandated by the phase III WIP and is thus essential to complying with the CBP partnership agreement.

Locality particularly affected: All counties, cities, and incorporated towns located within the Chesapeake Bay Watershed would be affected by this regulatory change, but none are expected to be particularly affected. If the proposed regulatory action is enacted the burden to track the data would be on the localities, and the burden to report the data to the Department, would be on the sewage treatment works.

How to comment: The DEQ accepts written comments by hand-delivery, e-mail, and postal mail. Comments may also be submitted through the Public Forum feature of the Virginia Regulatory Town Hall web site at: http://www.townhall.virginia.gov. All written comments must include the full name, address and telephone number of the person commenting and be received by DEQ no later than on the last day of the comment period. All testimony, exhibits and documents received are part of the public record.

How a decision is made: After comments have been considered, the board will make the final decision. Citizens that submit statements during the comment period may address the board members during the board meeting at which a final decision is made on the proposal.

To review regulation documents: The proposal and an analysis conducted by DEQ (including a statement of purpose, a statement of estimated impacts and benefits of the proposed regulation, an estimate of the impact of the proposed regulation upon small businesses, identification of and comparison with federal requirements, and a discussion of alternative approaches), are available on the Town Hall web site at www.townhall.virginia.gov and by contacting the DEQ representative named below. https://townhall.virginia.gov/l/GetFile.cfm?File=103\6231\10401\AgencyStatement_DEQ_10401_v1.pdf