-
REGULATIONS
Vol. 29 Iss. 23 - July 15, 2013TITLE 9. ENVIRONMENTDEPARTMENT OF ENVIRONMENTAL QUALITYChapter 90Final RegulationREGISTRAR'S NOTICE: The Department of Environmental Quality is claiming an exemption from the Administrative Process Act in accordance with (i) § 2.2-4006 A 3 of the Code of Virginia, which excludes regulations that consist only of changes in style or form or corections of technical errors and (ii) § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The Department of Environmental Quality will receive, consider, and respond to petitions from any interested person at any time with respect to reconsideration or revision.
Titles of Regulations: 9VAC15-20. Guidelines for the Preparation of Environmental Impact Assessments for Oil or Gas Well Drilling Operations in Tidewater Virginia (amending 9VAC15-20-160).
9VAC15-40. Small Renewable Energy Projects (Wind) Permit by Rule (amending 9VAC15-40-110).
9VAC15-60. Small Renewable Energy Projects (Solar) Permit by Rule (amending 9VAC15-60-110).
9VAC15-90. Uniform Environmental Covenants Act Regulation (amending 9VAC15-90-40).
Statutory Authority: § 62.1-195.1 of the Code of Virginia (9VAC15-20-160).
§ 10.1-1197.6 of the Code of Virginia (9VAC15-40-110 and 9VAC15-60-110).
§ 10.1-1250 of the Code of Virginia (9VAC15-90-40).
Effective Date: August 14, 2013.
Agency Contact: Debra Harris, Planning and Policy Specialist, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4209, FAX (804) 698-4346, or email debra.harris@deq.virginia.gov.
Summary:
The amendments allow for notifications to be delivered through postal or electronic means as required by the statutory change to § 10.1-1183 of the Code of Virginia. Additionally, the amendments update the Department of Environmental Quality mailing address listed in the agency's regulations to the current DEQ address.
In accordance with Chapter 348 of the 2013 Acts of Assembly, wherever the term "mail" is used in regulatory provisions that the department administers, it shall mean electronic or postal delivery and the term "certified mail" means electronically certified or postal certified mail, except that this provision shall apply only to the mailing of plan approvals, permits, or certificates issued under the provisions of this chapter and those of the Air Pollution Control Law, the Virginia Waste Management Act, and the State Water Control Law, and only where the recipient has notified the department of his consent to receive plan approvals, permits, or certificates by electronic mail.
9VAC15-20-160. Initiation of assessment review by state and local agencies and by the general public.
A. The Department of Environmental Quality shall prepare and submit a general notice for publication in the Virginia Register within three days of the receipt of an environmental impact assessment. The availability of an assessment shall be given public notice, paid for by the applicant, by publication in a newspaper having a general circulation in the locality where drilling is proposed. The Department of Environmental Quality shall also develop a mailing list containing the names of persons who indicate they want to be notified about the availability of oil or gas environmental impact assessment documents and will forward a copy of the general notice submitted for publication in the Virginia Register to those persons on the mailing list.
B. The general notice will contain the following information:
1. The proposed location of the operation including the name of the locality and other general descriptive information regarding the location of the proposed operation;
2. A general description of the proposed operation;
3. The deadline for the general public to submit written comments, which shall not be less than 30 calendar days after publication of the notice;
4. A designated location where the environmental impact assessment can be reviewed;
5. A contact person from whom additional information can be obtained on the environmental impact assessment; and
6. An address for mailing comments on an assessment to the Department of Environmental Quality.
C. The Department of Environmental Quality shall submit copies of the environmental impact assessment to the chief executive officer of the affected local government, to the executive director of the affected Planning District Commission, and to other state or local agencies requesting a copy of the assessment. State agency comments shall be returned to the Department of Environmental Quality as soon as possible but no later than 50 calendar days after receiving a copy of an assessment from the Department of Environmental Quality.
D. The Department of Environmental Quality may hold a public information hearing on an impact assessment. Such a public hearing, if any, shall be held during the public comment period in the locality in which the operation is proposed. Notice of such a hearing, including the date, time, and location of the meeting, will be announced in a general notice published in the Virginia Register and in a notice mailed, by electronic or postal delivery, to persons on the mailing list.
9VAC15-40-110. Fees.
A. Purpose. The purpose of this section is to establish schedules and procedures pertaining to the payment and collection of fees from any applicant seeking a new permit by rule or a modification to an existing permit by rule for a small wind energy project.
B. Permit fee payment and deposit. Fees for permit by rule applications or modifications shall be paid by the applicant as follows:
1. Due date. All permit application fees or modification fees are due on submittal day of the application or modification package.
2. Method of payment. Fees shall be paid by check, draft, or postal money order made payable to "Treasurer of Virginia/DEQ" and shall be sent to the Department of Environmental Quality, Receipts Control, P.O. Box
101501104, Richmond, VA2324023218.3. Incomplete payments. All incomplete payments shall be deemed nonpayments.
4. Late payment. No application or modification submittal will be deemed complete until the department receives proper payment.
C. Fee schedules. Each application for a permit by rule and each application for a modification of a permit by rule is a separate action and shall be assessed a separate fee. The amount of the permit application fee is based on the costs associated with the permitting program required by this chapter. The fee schedules are shown in the following table:
Type of Action
Fee
Permit by rule application (including first three years of operation)
$16,000
Permit by rule modification (after first three years of operation)
$5,000
D. Use of fees. Fees are assessed for the purpose of defraying the department's costs of administering and enforcing the provisions of this chapter including, but not limited to, permit by rule processing, permit by rule modification processing, and inspection and monitoring of small wind energy projects to ensure compliance with this chapter. Fees collected pursuant to this section shall be used for the administrative and enforcement purposes specified in this section and in § 10.1-1197.6 E of the Code of Virginia.
E. Fund. The fees, received by the department in accordance with this chapter, shall be deposited in the Small Renewable Energy Project Fee Fund.
F. Periodic review of fees. Beginning July 1, 2012, and periodically thereafter, the department shall review the schedule of fees established pursuant to this section to ensure that the total fees collected are sufficient to cover 100% of the department's direct costs associated with use of the fees.
9VAC15-60-110. Fees for projects subject to Part II of this chapter.
A. Purpose. The purpose of this section is to establish schedules and procedures pertaining to the payment and collection of fees from any applicant seeking a new permit by rule or a modification to an existing permit by rule for a small solar energy project subject to Part II (9VAC15-60-30 et seq.) of this chapter.
B. Permit fee payment and deposit. Fees for permit by rule applications or modifications shall be paid by the applicant as follows:
1. Due date. All permit application fees or modification fees are due on submittal day of the application or modification package.
2. Method of payment. Fees shall be paid by check, draft, or postal money order made payable to "Treasurer of Virginia/DEQ" and shall be sent to the Department of Environmental Quality, Receipts Control, P.O. Box
101501104, Richmond, VA2324023218.3. Incomplete payments. All incomplete payments shall be deemed nonpayments.
4. Late payment. No application or modification submittal will be deemed complete until the department receives proper payment.
C. Fee schedules. Each application for a permit by rule and each application for a modification of a permit by rule is a separate action and shall be assessed a separate fee. The amount of the permit application fee is based on the costs associated with the permitting program required by this chapter. The fee schedules are shown in the following table:
Type of Action
Fee
Permit by rule application – by rated capacity:
>5 MW up to and including 25 MW
>25 MW up to and including 50 MW
>50 MW up to and including 75 MW
>75 MW up to and including 100 MW
$8,000
$10,000
$12,000
$14,000
Permit by rule modification – for any project subject to Part II of this chapter
$4,000
D. Use of fees. Fees are assessed for the purpose of defraying the department's costs of administering and enforcing the provisions of this chapter including, but not limited to, permit by rule processing, permit by rule modification processing, and inspection and monitoring of small solar energy projects to ensure compliance with this chapter. Fees collected pursuant to this section shall be used for the administrative and enforcement purposes specified in this chapter and in § 10.1-1197.6 E of the Code of Virginia.
E. Fund. The fees, received by the department in accordance with this chapter, shall be deposited in the Small Renewable Energy Project Fee Fund.
F. Periodic review of fees. Beginning July 1, 2013, and periodically thereafter, the department shall review the schedule of fees established pursuant to this section to ensure that the total fees collected are sufficient to cover 100% of the department's direct costs associated with use of the fees.
9VAC15-90-40. Fees.
A. Purpose. The purpose of this section is to establish schedules and procedures pertaining to the payment and collection of fees from a fee simple owner or applicant in accordance with this chapter.
B. Fee payment and deposit. Fees related to UECA environmental covenants shall be paid by the fee simple owner or applicant as follows:
1. Due date. Where the department is the agency or the holder of the UECA environmental covenant, all fees are due upon submittal to the department of the proposed environmental covenant, covenant amendment, termination, or notification of property transfer. Where the department is neither the agency nor the holder of the UECA environmental covenant, a copy of the environmental covenant, covenant amendment, termination, or notification of property transfer and the accompanying fee are due prior to recordation.
2. Method of payment. Fees shall be paid by check, draft, or postal money order made payable to "Treasurer of Virginia/DEQ" and shall be sent to the Department of Environmental Quality, Receipts Control, P.O. Box 1104, Richmond, VA
2324023218.3. Incomplete payments. All incomplete payments shall be deemed nonpayments.
4. Late payment. No environmental covenant, environmental covenant amendment, or termination under UECA and this chapter may be recorded until the department receives proper payment.
C. Fee schedules. Each UECA environmental covenant, UECA environmental covenant amendment, termination of a UECA environmental covenant, or transfer of a property encumbered by a UECA environmental covenant is a separate action and shall be assessed a separate fee. The amount of the fee is based on the costs associated with the implementation of UECA as required by this chapter. The fees required for UECA transactions where the department is either the agency or the holder are due whenever the department is the sole agency or the sole holder or when the department is one of multiple parties serving in either of these capacities. Where the department is both an agency and a holder, only the fees specified for the department as holder shall obtain. The fee schedules are shown in the following table:
Type of Action
Fee
1. UECA environmental covenants where the department is the agency:
a. Initial submittal
$4,000
b. Amendment
$4,000
c. Termination
$4,000
d. Property transfer
$100
2. UECA environmental covenants where the department is the holder:
a. Initial submittal
$24,000
b. Amendment
$24,000
c. Termination
$24,000
d. Property transfer
$100
3. UECA environmental covenants where the department is neither the agency nor the holder
a. Initial submittal
$1,000
b. Amendment
$1,000
c. Termination
$1,000
d. Property transfer
$100
D. Use of fees. Fees collected pursuant to this section shall be used for the purposes specified in this chapter and UECA.
E. Fund. The fees, received by the department in accordance with this chapter, shall be deposited in the UECA Environmental Covenants Fund, as established by § 10.1-1248 B of the Code of Virginia.
F. Periodic review of fees. Beginning July 1, 2013, and periodically thereafter, the department shall review the schedule of fees established pursuant to this section to ensure that the total fees collected are sufficient to cover the department's costs associated with this chapter.
VA.R. Doc. No. R13-3765; Filed June 18, 2013, 2:33 p.m.
