Section 40. Exclusions

The following do not require a VPA permit:

1. The introduction of sewage, industrial waste or other pollutants into publicly owned treatment works by indirect dischargers. Plans or agreements to switch to this method of disposal in the future do not relieve dischargers of the obligation to have and comply with VPA permits until all discharges of pollutants to state waters are eliminated;

2. Any introduction of pollutants from nonpoint source agricultural or silvicultural activities, including runoff from orchards, cultivated crops, pastures, range lands, and forest lands, except that this exclusion shall not apply to concentrated confined animal feeding operations;

3. Return flows from irrigated agricultural land;

4. Land disposal activity, including biosolids use or sewage sludge disposal or onsite waste treatment, when this activity is otherwise authorized by the department;

5. Land disposal activity, including onsite waste treatment, when this activity is authorized by a Virginia Department of Health permit; and

6. Discharges authorized by EPA under the Safe Drinking Water Act Underground Injection Control Program (UIC), 40 CFR Part 144, and approved, in writing, by the board.

Historical Notes

Derived from Volume 12, Issue 20, eff. July 24, 1996; amended, Virginia Register Volume 24, Issue 06, eff. January 1, 2008; Volume 29, Issue 24, eff. September 1, 2013.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.