Section 60. CTC and CTO waivers

A. Small sewerage systems and treatment works. As described in this section, the requirement to formally obtain a CTC and a CTO through the provisions of this chapter and standards contained in this chapter is waived for sewerage systems having a design capacity of 40,000 gallons per day or less and serving or capable of serving a population of 400 persons or less and consisting entirely of gravity flow sewers.

B. Other waivers. A waiver for formal CTC and CTO issuance may also be granted for:

1. Construction of gravity flow sewers of 12-inch diameter design size or less;

2. Installations consisting of a single sewage pumping station having a design pumping capacity of 25 gallons per minute or less and handling a total daily volume of 2000 gallons or less;

3. Land application sites meeting the operational restrictions specified in the Virginia Pollution Abatement Permit Regulation (9VAC25-32) and the Virginia Pollutant Discharge Elimination Permit Regulation (9VAC25-31); or

4. Sites utilized entirely for research projects in accordance with this chapter, such as pilot plant studies.

C. Larger sewerage systems and treatment works. In order to qualify for a CTC and CTO waiver for collection systems serving more than 400 persons, the permittee or owner must file with the area engineer an application (see Part IV (9VAC25-790-940 et seq.) of this chapter) or a letter of intent to construct and operate such a system as described above. The letter shall be filed at least 30 days prior to the time that granting of such a waiver would be required to initiate construction. The letter shall contain a brief description of the proposed sewerage system, or land application, applicable maintenance provisions, the area to be served, the location of the proposed sewerage system, treatment works, or land application and the point of discharge or entry to the downstream sewerage system or treatment works if applicable. If the owner of the sewerage system or treatment works is not the applicant, the applicant shall demonstrate that the downstream owner will accept the design flow for connection to the downstream sewerage system or treatment works. A written statement that the additional sewage being discharged into the downstream system will be accepted may be required. If after review of the application or letter, a determination is made by the director that it is not in the best interest of public health and welfare to waive the permit requirements of this chapter and standards contained in this chapter, the owner will be so notified and will be required to obtain the applicable CTC and CTO. The requirements of this subsection are not applicable if the owner has a local review program pursuant to this chapter and standards contained in this chapter.

D. The director may revoke a waiver granted under this section in his sole discretion if he determines that the public health and welfare would be better served by issuance of a CTC and a CTO.

Historical Notes

Former 12VAC5-581-110 derived from Volume 18, Issue 10, eff. February 27, 2002; amended and adopted as 9VAC25-790-60, Virginia Register Volume 20, Issue 09, eff. February 12, 2004; amended, Virginia Register Volume 24, Issue 06, eff. January 1, 2008.

Statutory Authority

§ 62.1-44. 15 of the Code of Virginia.