8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 26 Iss. 1 - September 14, 2009

GENERAL NOTICES/ERRATA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Order for Donnie C. Campbell, Sr.

An enforcement action has been proposed for Donnie C. Campbell, Sr., for alleged violations in Nelson County. Mr. Campbell is a poultry waste broker and failed to submit his poultry waste transfer records for 2008. A consent order with Mr. Campbell will collect a civil charge and require timely submittal of his poultry waste transfer records for 2009. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. David Robinett will accept comments by email ([e-mail]), FAX ([phone]), or postal mail (Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801), from September 14, 2009, to October 14, 2009.

Proposed Consent Order for Centerville II, LLC

An enforcement action has been proposed for Centerville II, LLC, for alleged violations in Chesapeake, Virginia. A consent order describes a settlement to resolve unpermitted wetland impacts that occurred at the terminus of Kinderly Lane in the Charlestown Shores Subdivision. The order requires restoration and payment of a civil charge. A description of the proposed order is available at the DEQ office named below or online at www.deq.virginia.gov. Daniel J. Van Orman will accept comments by email ([e-mail]), FAX ([phone]), or postal mail (Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462), from September 14, 2009, to October 14, 2009.

Total Maximum Daily Load for Chesapeake Bay

Public Meeting Locations: There will be a public meeting on Friday, October 2 from 1 p.m. to 4 p.m. via a video conference at the following Virginia Department of Environmental Quality locations:

Central Office, 629 E. Main St., Richmond, VA 23219 (meeting home site), telephone [phone]

Blue Ridge Regional Office, 7705 Timberlake Road, Lynchburg, VA 24502, telephone [phone]

Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, telephone [phone]

Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, telephone [phone]

Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone [phone]

Valley Regional Office, 4411 Early Road, Harrisonburg, VA 22801, telephone [phone]

There will also be a webinar for those interested in participating in the process but prefer not to travel to one of the meeting locations (refer to additional information below).

Purpose of notice: This notice announces the intent of the Environmental Protection Agency Region 3 (EPA) to establish a Chesapeake Bay-wide total maximum daily load (TMDL) for nutrients and sediment for all impaired segments in the tidal portion of the Chesapeake Bay watershed. This action is being taken pursuant to § 303(d) of the Clean Water Act (CWA).  The Virginia Department of Environmental Quality and the Virginia Department of Conservation and Recreation are cooperating with EPA to hold an initial public meeting to provide information to the public regarding the process, approach and implications of this action.

Description of study: EPA, in coordination with Bay watershed jurisdictions, will establish a TMDL pollution budget consistent with CWA requirements to guide and assist Chesapeake Bay restoration efforts.  This action is designed to identify needed reductions of pollutant loads to the impaired waters in order to meet the appropriate water quality standards.

Additional information: Further information on this process and how the public can provide input can be found at the following EPA website: http://www.epa.gov/chesapeakebaytmdl. In addition, the DEQ website at www.deq.virginia.gov/tmdl contains information for connecting to the webinar link for the October 2 meeting presentations and will also be used to announce future meetings held in the Commonwealth during the development of the Chesapeake Bay TMDL.

Virginia contact for additional information: Arthur J. Butt, Department of Environmental Quality, 629 East Main Street, Richmond, VA 23219, or P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX (804) 698-4116, or email [e-mail].

Proposed Consent Order for HMR, LLC

An enforcement action has been proposed for HMR, LLC, for alleged violations in Chester, Virginia. The State Water Control Board proposes to issue a consent special order to HMR, LLC, 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. Cynthia Akers will accept comments by email ([e-mail]), FAX ((804) 527-5106), or postal mail (Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060), from September 14, 2009, to October 14, 2009.

Proposed Consent Order for Kevin Lucas

An enforcement action has been proposed for Kevin Lucas for alleged violations in Page County. Mr. Lucas is a poultry waste broker and failed to submit his poultry waste transfer records by February 15 for the calendar years 2005, 2006, 2007, and 2008. A consent order with Mr. Lucas will collect a civil charge and require timely submittal of his poultry waste transfer records for 2009.  A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. David Robinett will accept comments by email ([e-mail]), FAX ([phone]), or postal mail (Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801), from September 14, 2009, to October 14, 2009.

Proposed Consent Order for NVP, Inc.

An enforcement action has been proposed for NVP, Inc. for alleged violations in Prince William County associated with the Ewell's Mill development project. The consent order describes a settlement to resolve unpermitted impacts taken to an intermittent stream channel associated with the Ewell's Mill development project. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email ([e-mail]), FAX ((703) 583-3821), or postal mail (Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193), from September 14, 2009, to October 15, 2009.

Proposed Consent Order for Pro-Line Performance, Inc.

An enforcement action has been proposed for Pro-Line Performance, Inc., for an alleged violation in Franklin County, Virginia. The special order by consent will address and resolve an alleged violation of environmental law and regulations. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Jerry Ford, Jr. will accept comments by email ([e-mail]), or postal mail (Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019), from September 15, 2009, to October 14, 2009.

Public Meeting - Restore Water Quality for Shellfish Growing Areas of the Rappahannock River

Public meeting: September 30, 2009, at the Old Beale Memorial Baptist Church at Courthouse Square, 202 Church Lane (at the corner of Church and Queen St) in Tappahannock, Virginia. An afternoon public meeting will be held from 2 p.m. to 4 p.m. and the evening public meeting from 6 p.m. to 8 p.m. Parking is across the street from the church.

Purpose of notice: The Virginia Department of Environmental Quality and the Department of Conservation and Recreation are announcing a study to restore water quality for a shellfish growing area, a public comment opportunity, and two public meetings.

Meeting description: First public meetings on a study to restore water quality for shellfish growing areas of the Rappahannock River near Tappahannock, Garret's Marina, and Mark Haven Beach that are impaired due to bacterial violations.

Description of study: Virginia agencies are working to identify sources of the bacterial contamination in the shellfish growing waters of these (tidal) creeks including their tributaries. These condemnations include a total area of approximately 9.7 square miles in portions of Essex, Richmond, Westmoreland, and Northumberland Counties.  These streams are impaired for failure to meet the designated use of shellfish consumption because of bacterial water quality standard violations. 

Stream	Counties Within Watershed	Area (miles2)	Impairment
Upper Rappahannock River, Little Carter Creek, Jugs Creek	Essex, Richmond, Westmoreland, Northumberland	9.73	Shellfish Use (Fecal Coliform) bacteria
Mark Haven Beach	Essex	0.014
Garret's Marina	Essex	0.029

The study reports the current status of the creeks via sampling performed by the Virginia Department of Health - Division of Shellfish Sanitation, shellfish area condemnations and the possible sources of bacterial contamination.  The study recommends total maximum daily loads, or TMDLs, for the impaired waters.  A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards.  To restore water quality, bacterial levels have to be reduced to the TMDL amount.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, which will expire on October 29, 2009. DEQ also accepts written and oral comments at the public meeting announced in this notice.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, telephone [phone], FAX [phone], or email [e-mail].

Proposed Consent Order for Rappahannock County Water and Sewer Authority

An enforcement action has been proposed for the Rappahannock County Water and Sewer Authority for alleged violations in Rappahannock County at the Sperryville Sewage Treatment Plant. The consent order describes a settlement to resolve permit effluent violations at the Sperryville Sewage Treatment Plant. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email ([e-mail]), FAX ([phone]), or postal mail (Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193), from September 14, 2009, to October 15, 2009.

Proposed Consent Order for West Neck Properties, Inc.

An enforcement action has been proposed for West Neck Properties, Inc. for alleged violations in Virginia Beach, Virginia. A consent order describes a settlement to resolve wetland permit violations and unpermitted wetland impacts that occurred at the intersection of Indian River Road and West Neck Road in the Eagles Nest Subdivision. The order requires corrective action and payment of a civil charge. A description of the proposed order is available at the DEQ office named below or online at www.deq.virginia.gov. Daniel J. Van Orman will accept comments by email ([e-mail]), FAX ([phone]), or postal mail (Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462), from September 14, 2009, to October 14, 2009.

Notice of Public Comment - Proposed Consent Order for Isle of Wight County, Virginia

Purpose of notice: To seek public comment on a proposed consent order from the Department of Environmental Quality with Isle of Wight County, Virginia.

Public comment period: September 14, 2009, to October 14, 2009.

Consent order description: The State Water Control Board proposes to issue a consent order to Isle of Wight County to address alleged violations of Virginia State Water Control Law. The consent order describes a settlement to resolve alleged violations of a special order by consent effective September 26, 2007, that Isle of Wight County entered into with the State Water Control Board.

How to comment: DEQ accepts comments from the public by email, fax or postal mail. All comments must include the name, address and telephone number of the person commenting and be received by DEQ within the comment period. The public may review the proposed consent order at the DEQ office named below or on the DEQ website at www.deq.virginia.gov.

Contact for public comments, document requests and additional information: John M. Brandt, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone [phone], FAX [phone], or email [e-mail].

Proposed Enforcement Action - Zotas Petroleums L.L.C.

An enforcement action has been proposed for Zotas Petroleums, L.L.C., for alleged violations at eight of its retail gasoline facilities in Chesterfield and Henrico counties. The action requires Zota to corrective action and payment of a civil charge. A copy 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 ([e-mail]), FAX ((804) 527-5106), or postal mail (Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060), from September 14, 2009, to October 14, 2009.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Order of the State Lottery Department was filed with the Virginia Registrar of Regulations on August 24, 2009.

Director's Order Number Sixty-Two (09)

Certain Virginia Instant Game Lotteries; End of Games.

In accordance with the authority granted by §§ 2.2-4002 B 15 and 58.1-4006 A of the Code of Virginia, I hereby give notice that the following Virginia Lottery instant games will officially end at midnight on August 21, 2009.

Game 1104	Virginia's Lucky Dog
Game 1030	Super Cash Spectacular

The last day for lottery retailers to return for credit unsold tickets from any of these games will be September 25, 2009. The last day to redeem winning tickets for any of these games will be February 17, 2010, 180 days from the declared official end of the game. Claims for winning tickets from any of these games will not be accepted after that date.  Claims that are mailed and received in an envelope bearing a postmark of the United States Postal Service or another sovereign nation of February 17, 2010, or earlier, will be deemed to have been received on time. This notice amplifies and conforms to the duly adopted State Lottery Board regulations for the conduct of lottery games.

This order is available for inspection and copying during normal business hours at the Virginia Lottery headquarters, 900 East Main Street, Richmond, Virginia; and at any Virginia Lottery regional office. A copy may be requested by mail by writing to Director's Office, Virginia Lottery, 900 East Main Street, Richmond, Virginia 23219.

This Director's Order becomes effective on the date of its signing and shall remain in full force and effect unless amended or rescinded by further Director's Order.

/s/ Paula I. Otto

Executive Director

August 20, 2009

* * * * * * * *

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on August 20, 2009. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, Virginia.

Final Rules for Game Operation:

Director's Order Number Fifty-Nine (09)

Virginia's Instant Lottery Game 1137 "Fast $100's" (effective 8/14/09)

Director's Order Number Sixty (09)

Virginia's Instant Lottery Game 1146 "Virginia's Lucky Dog 2" (effective 8/14/09)

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Town of Appomattox

An enforcement action has been proposed for the Town of Appomattox for alleged violations at the town's water reclamation facility. The proposed enforcement action contains a schedule of compliance that details the corrective action required. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. G. Marvin Booth, III will accept comments by email at ([e-mail]), FAX ([phone]), or postal mail at (Department of Environmental Quality, 7705 Timberlake Road, Lynchburg, VA 24502), from September 14, 2009, to October 15, 2009.

Proposed Consent Order for Bay Bridge Enterprises, LLC

An enforcement action has been proposed for Bay Bridge Enterprises, LLC, for alleged violations in the City of Chesapeake. The consent order describes a settlement to resolve the unpermitted discharge of oil to state waters and requires development and implementation of a corrective action plan and includes a civil charge. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Mr. Paul Smith will accept comments by email ([e-mail]), FAX ((757) 518-2009), or postal mail (Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462), from September 14, 2009, to October 14, 2009.

Proposed Consent Order for Hopewell Regional Wastewater Treatment Facility

An enforcement action has been proposed for Hopewell Regional Wastewater Treatment Facility for alleged violations at that facility in the City of Hopewell. The proposed consent order describes the alleged violations and 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. Allison Dunaway 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 September 14, 2009, to October 14, 2009.

Proposed Consent Order for Lakewood Partners, LLC

An enforcement action has been proposed for Lakewood Partners, LLC, for alleged violations at Lakewood Mobile Home Court in Halifax County. The proposed enforcement action contains a schedule of compliance that details the corrective action required. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. G. Marvin Booth, III will accept comments by email at ([e-mail]), FAX ([phone]), or postal mail at (Department of Environmental Quality, 7705 Timberlake Road, Lynchburg, VA 24502), from September 14, 2009, to October 15, 2009.

Proposed Enforcement Action for Lyon Shipyard, Inc.

An enforcement action has been proposed for Lyon Shipyard, Inc., for alleged violations in the City of Norfolk. The consent order describes a settlement to resolve alleged violations of the facility Virginia Pollutant Discharge Elimination System permit, unauthorized excavation in state waters, and the unauthorized deposit of excavated material adjacent to state waters and requires development and implementation of a storm water pollution prevention plan 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. Mr. Paul Smith will accept comments by email ([e-mail]), FAX ([phone]), or postal mail (Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462), from September 14, 2009, to October 14, 2009.

Proposed Consent Order for Sandy Bottom Materials, Inc.

An enforcement action has been proposed for Sandy Bottom Materials, Inc., for alleged violations in the City of Suffolk. The consent order describes a settlement to resolve alleged violations of the facility Virginia Pollutant Discharge Elimination System General Permit and the unauthorized filling of approximately 1,180 linear feet of stream and 0.92 acre of wetlands and requires development and implementation of a mitigation plan 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. Mr. Paul Smith will accept comments by email ([e-mail]), FAX ((757) 518-2009), or postal mail (Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462), from September 14, 2009, to October 14, 2009.

Proposed Consent Order for Tyson Foods, Inc. d/b/a Tyson Farms, Inc.

An enforcement action has been proposed for Tyson Foods, Inc. d/b/a Tyson Farms, Inc. for alleged violations at the Tyson plant in Hanover County. The proposed consent order describes the alleged violations and requires a civil charge and supplemental environmental project. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Allison Dunaway 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 September 9, 2009, to October 14, 2009.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed

Beginning with Volume 26, Issue 1 of the Virginia Register of Regulations dated September 14, 2009, the Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed will no longer be published in the Virginia Register of Regulations. The cumulative table can still be accessed on the Virginia Register Online webpage 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.

CALENDAR OF EVENTS