8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 27 Iss. 4 - October 25, 2010

GENERAL NOTICES/ERRATA

DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)

Proposed Enforcement Action for Bandy, L.L.C.

An enforcement action has been proposed for Bandy, L.L.C., regarding alleged violations of § 62.1-44.15:20 of the Code of Virginia and 9VAC25-210-50 in Floyd County. The consent order describes a settlement to resolve alleged unpermitted excavation and discharge of fill material into state waters. A copy the proposed settlement is available at the DEQ office named below or online at www.deq.virginia.gov. Lee M. Crowell, Esq. will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Central Office, 629 East Main Street, Richmond, VA 23219, from October 25, 2010, to November 24, 2010.

Proposed Enforcement Action for Getty Petroleum Marketing, Inc.

An enforcement action has been proposed for Getty Petroleum Marketing, Inc. for Getty Mart 71173, for alleged violations in Richmond, Virginia. The State Water Control Board proposes to issue a consent special order to Getty Petroleum Marketing, Inc. to address noncompliance with underground storage tank regulations. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Lisa Dewey will accept comments by email at [e-mail], FAX (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from October 25, 2010, to November 27, 2010.

Proposed Enforcement Action for Greensville County Water & Sewer Authority

An enforcement action has been proposed for the Greensville County Water & Sewer Authority for alleged violations at the Town of Jarratt wastewater treatment plant on 721 Horseshoe Road in Jarratt, Virginia. The action requires corrective action and payment of a civil charge. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from October 25, 2010, to November 25, 2010.

Proposed Enforcement Action for Henrico County

An enforcement action has been proposed for Henrico County for alleged violations at the County's 911 Training Center in Henrico County, Virginia. The State Water Control Board proposes to issue a consent special order to Henrico County to address noncompliance with State Water Control Board law. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Cynthia Akers will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from October 25, 2010, to November 26, 2010.

Proposed Enforcement Action for Henrico County Water Reclamation Facility

An enforcement action has been proposed for the Henrico County Water Reclamation Facility for alleged violations at the facility on 9101 WRVA Road in Henrico County, Virginia. The action requires corrective action and payment of a civil charge. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, 23060, from October 25, 2010, to November 25, 2010.

Proposed Enforcement Action for Lucky's Convenience Stores, Inc.

An enforcement action has been proposed for Lucky's Convenience Stores, Inc. for alleged violations at its facility at 607 East Laburnum Avenue, Richmond, Virginia. The action requires corrective action and payment of a civil charge. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from October 25, 2010, to November 25, 2010.

Proposed Enforcement Action for the City of Richmond

An enforcement action has been proposed for the City of Richmond for alleged violations at the wastewater treatment plant on 1400 Brander Street, Richmond, Virginia. The action requires corrective action and payment of a civil charge. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from October 25, 2010, to November 25, 2010.

Public Comment Opportunity - Small Renewable Wind Energy Projects Permit By Rule Regulation

Purpose of Notice: The Director of the Department of Environmental Quality has scheduled a public meeting to receive comment on the Small Renewable Wind Energy Projects Permit by Rule Regulation, 9VAC15-40.

Date and Location of Public Meeting: October 18, 2010, at 1 p.m. in the 2nd Floor Conference Room of the Department of Environmental Quality Office, 629 East Main Street, Richmond, Virginia.

Background: The Department of Environmental Quality is in the process of adopting a regulation establishing a permit by rule for small renewable wind energy projects. The public comment period on the proposal closed on August 20, 2010, and an additional, informal comment period on a revised staff draft closes on October 5, 2010. Additional information on the regulatory action, including the original proposal, is available at http://townhall.virginia.gov/L/viewaction.cfm?actionid=3089. Information on the revised staff draft was announced through the Virginia Regulatory Town Hall on September 3, 2010, and detailed information on the revised staff draft is available at http://www.deq.virginia.gov/info/wind_notice.html.

Public Comment at the Meeting: Prior to final action on the regulation, the Director of the Department of Environmental Quality will hold a public meeting at which time persons who submitted comments to the Department of Environmental Quality during the established comment periods on the proposal or the revised staff draft may address the director. At the meeting those persons are allowed up to five minutes to respond to the summary of comments provided to the director. New information will not be accepted at the meeting. The director expects comments and information on the regulatory action to be submitted during the established public comment periods. However, the director recognizes that in rare instances new information may become available after the close of the public comment periods. To provide for consideration of and ensure the appropriate review of this new information, persons who participated during the prior public comment periods shall submit the new information to the Department of Environmental Quality staff contact listed below by October 14, 2010. If the director decides that the new information was not reasonably available during the prior public comment periods, is significant to the director's decision, and should be included in the official file, an additional public comment period may be announced by DEQ in order for all interested persons to have an opportunity to consider and provide comment on the new information. In addition, the director reserves the right to alter the time limitations set forth in this policy without notice, limit presentation of repetitive material, and ensure comments presented at the meeting conform to this policy. (The full policy is available at http://www.deq.virginia.gov/regulations/deqregulations.html.

Final Decision: The director's final decision on the adoption of the regulation will occur at some time after the public meeting.

Contact Information: Carol C. Wampler, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

STATE BOARD OF HEALTH

Periodic Review of Regulations

Pursuant to Executive Order Number 14 (2010), the Virginia Department of Health, on behalf of the State Board of Health, will review certain of its existing regulations to determine whether the regulations should be terminated, amended, or retained in their current form. The review of the regulations will be guided by the principles set out in Executive Order Number 14 (2010). The purpose of the regulations is to protect public health and welfare with the least possible costs and intrusiveness to the citizens and businesses of the Commonwealth.

The department and the board are seeking public comment in the review of any issue relating to these regulations, and in particular, whether they comport appropriately with the policies contained in Executive Order Number 14. Executive Order Number 14 encourages consideration of whether: (i) the regulations protect public health, safety and welfare with the least possible intrusion in the lives of citizens; (ii) alternatives in lieu of regulation may achieve the goals of the regulation; (iii) the regulations are based on the best reasonably available scientific, economic and other information; (iv) the regulations are designed to achieve their intended objective in the most efficient, cost-effective manner; (v) the regulations are clearly written and easily understandable by the individuals and entities affected; and (vi) the regulations have been developed in accordance with laws relating to the impact of regulations on small businesses.

Comments on the regulations are welcome and should be addressed to the person identified below as the contact person for the regulation. The deadline for receipt of comments is November 15, 2010.

12VAC5-125, Regulations for Bedding and Upholstered Furniture Inspection Program. Contact: Gary Hagy

12VAC5-165, Regulations for the Repacking of Crabmeat. Contact: Bob Croonenberghs

12VAC5-200, Regulations Governing Eligibility Standards and Charges for Health Care Services to Individuals. Contact: Jeff Lake

12VAC5-371, Regulations for the Licensure of Nursing Facilities. Contact: Carrie Eddy

12VAC5-381, Home Care Organization Regulations. Contact: Carrie Eddy

12VAC5-405, Rules Governing Private Review Agents. Contact: Carrie Eddy

12VAC5-440, Regulations for Summer Camps. Contact: Gary Hagy

12VAC5-460, Regulations Governing Tourist Establishment Swimming Pools and Other Public Pools. Contact: Gary Hagy

12VAC5-462, Swimming Pool Regulations Governing the Posting of Water Quality Results. Contact: Gary Hagy

12VAC5-550, Board of Health Regulations Governing Vital Records. Contact: Janet Rainey

12VAC5-570, Commonwealth of Virginia Sanitary Regulations for Marinas and Boat Moorings. Contact: Allen Knapp

12VAC5-590, Waterworks Regulations. Contact: Robert A.K. Payne

12VAC5-600, Waterworks Operation Fee. Contact: Robert A.K. Payne

12VAC5-620, Regulations Governing Application Fees for Construction Permits for Onsite Sewage Disposal Systems and Private Wells. Contact: Allen Knapp

12VAC5-640, Alternative Discharging Sewage Treatment Regulations for Individual Single Family Dwellings. Contact: Allen Knapp

Agency Contacts:

Gary Hagy, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone [phone], email [e-mail].

Bob Croonenberghs, Ph.D., Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone [phone], or email [e-mail].

Jeff Lake, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone [phone], or email [e-mail].

Carrie Eddy, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone [phone], or email [e-mail].

Janet Rainey, Virginia Department of Health, 1601 Willow Lawn Drive, Suite 275, Richmond, VA 23230, telephone [phone], or email [e-mail].

Allen Knapp, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone [phone], or email [e-mail].

Robert A.K. Payne, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone [phone], or email [e-mail].

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on October 1, 2010, and October 4, 2010. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.

Director's Order Number Sixty-Nine (10)

Virginia's Instant Game Lottery 1186; "10 X The Money" Final Rules for Game Operation (effective October 1, 2010)

Director's Order Number Seventy-Six (10)

Virginia Lottery's "Virginia's Wildlife Photo Contest" Final Rules for Game Operation (effective October 1, 2010)

Director's Order Number Eighty (10)

Virginia's Instant Game Lottery 1192; "Triple Wild" Final Rules for Game Operation (effective October 1, 2010)

Director's Order Number Eighty-One (10)

Virginia's Instant Game Lottery 1206; "Cash Flurry" Final Rules for Game Operation (effective October 1, 2010)

Director's Order Number Eighty-Two (10)

Virginia's Instant Game Lottery 1207; "Season's Delight" Final Rules for Game Operation (effective October 1, 2010)

Director's Order Number Eighty-Three (10)

Virginia's Instant Game Lottery 1208; "Red Hot Bucks" Final Rules for Game Operation (effective October 1, 2010)

Director's Order Number Eighty-Four (10)

Virginia's Instant Game Lottery 1209; "Holiday Cash" Final Rules for Game Operation (effective October 1, 2010)

Director's Order Number Eighty-Five (10)

Virginia's Instant Game Lottery 1211, "Farm Fresh Fast $500!" Final Rules for Game Operation

Director's Order Number Eighty-Eight (10)

Virginia's Instant Game Lottery 1232; "Super Blackjack" Final Rules for Game Operation (effective October 1, 2010)

Director's Order Number Eighty-Nine (10)

Virginia's Instant Game Lottery 1180; "Movie Night" Final Rules for Game Operation (effective October 1, 2010)

Director's Order Number Ninety (10)

Virginia's Instant Game Lottery 1201; "Virginia's Wildlife" Final Rules for Game Operation (effective October 1, 2010)

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Branscome, Inc.

An enforcement action has been proposed for Branscome, Inc., for alleged violations of the Virginia Pollutant Discharge Elimination System Permit at the Branscome Facility at 30100 Withams Road, Oak Hall, Accomack County. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Paul R. Smith will accept comments by email at [e-mail], FAX (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, from October 23, 2010, to November 24, 2010.

Proposed Enforcement Action for Carrollton Used Auto Parts, Inc.

An enforcement action has been proposed for Carrollton Used Auto Parts, Inc., for alleged violations of Virginia Pollutant Discharge Elimination General Permit VAR05 at the Joe's Auto Parts automobile salvage yard at 22251 Brewers Neck Road, Carrolton, Isle of Wight County. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Paul R. Smith will accept comments by email at [e-mail], FAX (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, from October 25, 2010, to November 24, 2010.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone: Voice [phone]; FAX (804) 692-0625; Email: [e-mail].

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/cmsportal3/cgi-bin/calendar.cgi.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/cumultab.htm.

Filing Material for Publication in the Virginia Register of Regulations: Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

The Office of the Virginia Register is working toward the eventual elimination of the requirement that agencies file print copies of regulatory packages. Until that time, agencies may file petitions for rulemaking, notices of intended regulatory actions, and general notices in electronic form only; however, until further notice, agencies must continue to file print copies of proposed, final, fast-track, and emergency regulatory packages.

ERRATA

BOARD OF CONTRACTORS

Title of Regulation: 18VAC50-22. Board for Contractors Regulations.

Publication:  26:11 VA.R. 1832-1833 February 1, 2010.

Correction to Final Regulation:

Page 1833, column 2, Forms, the following forms were updated effective May 18, 2009, and should read:

Trade-Related Examinations and Qualifications Information, 27EXINFO (8/07) (rev. 5/09).

Changes of Responsible Management Form, 27CHRM (eff. 8/07) (rev. 5/09).

VA.R. Doc. No. R08-1169; Filed October 8, 2010, 3:01 p.m.

CALENDAR OF EVENTS