8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 32 Iss. 2 - September 21, 2015

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

2015 Annual Report, Agricultural Stewardship Act

The Commissioner of Agriculture and Consumer Services announces the availability of the annual report of the Agricultural Stewardship Act entitled "Agricultural Stewardship Act Annual Report, April 1, 2014 – March 31, 2015." Copies of this report can be obtained by contacting, and questions regarding the report can be directed to, Joyce Knight at telephone [phone] or email at [e-mail]. The report can also be obtained by accessing the department's website at http://www.vdacs.virginia.gov/stewardship/index.shtml. A written request may be sent to the address below. Copies of the report are available without charge.

Department of Agriculture and Consumer Services

Office of Policy, Planning and Research

P. O. Box 1163

Richmond, VA 23218

DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Proposed Renewal of Variances to Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115)

Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI - Variances (12VAC35-115-220 et seq.), of the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115), hereafter referred to as the "Human Rights Regulations," is announcing an opportunity for public comment on the applications for proposed renewal of existing variances to the Human Rights Regulations. The purpose of the regulations is to ensure and protect the legal and human rights of individuals receiving services in facilities or programs operated, licensed, or funded by DBHDS.

Each variance application references the specific part of these regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Such application also describes time limits and other conditions for duration and the circumstances that will end the applicability of the variance. After considering all available information including comments, DBHDS intends to submit a written decision deferring, disapproving, modifying, or approving each variance renewal application. All variances shall be approved for a specific time period. The decision and reasons for variance will be published in a later issue of  the Virginia Register of Regulations.

Purpose of notice: DBHDS is seeking comment on the applications for proposed renewal of the following existing variances to the Human Rights Regulations at four private providers.

Variance to Procedures to Ensure Dignity:

12VAC35-115-50 C 7 and C 8:

In order to maintain the safety and security of residents (youth) the programs restrict communication via telephone and visitation to only those placed on a list generated at admission by the parent/legal guardian and the resident.

1. Newport News Behavioral Health Center: The visitation list is generated by the Admissions Coordinator.

2. James Barry Robinson Center

3. Kempsville Center for Behavioral Health: The Clinical Treatment Team is also involved in the creation of the list.

4. Virginia Beach Department of Human Services Residential Crisis Stabilization Program - The Recovery Center: Through the first phase of the program, individuals are limited from visits with family and friends, and phone calls are limited to five minutes per shift. There is no limitation on private communication with attorneys, judges, legislators, clergy, licensed health care practitioners, authorized representatives, advocates, the inspector general, or employees of the protection and advocacy agency.

Variance to Procedures for Restrictions on Freedoms of Everyday Life:

12VAC35-115-100 A 1 a and A 1 g: In order to utilize a point level system (Behavior Management Model) affecting movement of an individual within the service setting (grounds, community, purchases in program store).

1. Harbor Point Behavioral Health Center

2. Kempsville Center for Behavioral Health: Requiring an individual earn points through a level system in order to access the store.

Variance to Procedures for Use of Seclusion, Restraint, and Time Out

12VAC35-115-110 C 16: In order to utilize time out as part of the unit restriction policy.

Kempsville Center for Behavioral Health: At times deemed necessary due to unsafe behaviors, to provide additional safety and security measures by preventing movement by an individual from their assigned unit for periods longer than 30 minutes.

Variances to these regulations by the providers listed above are reviewed by the State Human Rights Committee (SHRC) at least annually, with reports to the SHRC regarding the variances as requested.

Public comment period: September 21, 2015, through October 21, 2015.

Description of proposal: The proposed variance applications for renewal must comply with the general requirements of Part VI - Variances (12VAC35-115-220 et seq.), of the Human Rights Regulations.

How to comment: DBHDS accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DBHDS by the last day of the comment period. All information received is part of the public record.

To review a proposal: Variance applications and any supporting documentation may be obtained by contacting the DBHDS representative named below.

Contact Information: Deborah Lochart, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, 1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone [phone], FAX [phone], or email [e-mail].

CEMETERY BOARD

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Cemetery Board is currently reviewing each of the regulations listed below to determine whether the regulation should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014). Public comment is sought on the review of any issue relating to each regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

18VAC47-11, Public Participation Guidelines

18VAC47-20, Cemetery Board Rules and Regulations

The comment period begins September 21, 2015, and ends October 12, 2015.

Agency Contact: Christine Martine, Executive Director, Department of Professional Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail].

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall, and a report of the small business impact review will be published in the Virginia Register of Regulations.

BOARD FOR CONTRACTORS

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Contractors is currently reviewing each of the regulations listed below to determine whether the regulation should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014). Public comment is sought on the review of any issue relating to each regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

18VAC50-11, Public Participation Guidelines

18VAC50-22, Board for Contractors Regulations

18VAC50-30, Individual License and Certification Regulations

The comment period begins September 21, 2015, and ends October 12, 2015.

Agency Contact: Eric L. Olson, Executive Director, Department of Professional Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail].

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall, and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Notice of Intent for Solar Energy Project in Brink, Virginia

SolUnesco and its partners intend to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Brink, Virginia, pursuant to 9VAC15-60. SolUnesco and its partners are developing a 24.1 MW DC (76,500 315W panels) solar farm located in Brink, Virginia, Greensville County. The system will be a ground mounted array covering a plot of about 100 acres in an area approximately 2700' X 1700' and will have an assumed AC interconnection at the Brink Substation, Emporia District within the Mecklenburg Electric Cooperative service territory located approximately one mile away. SolUnesco and its partners have secured an Option to Lease for the site from the property owners and have submitted an interconnect request with Mecklenburg Electric Cooperative (request submitted on July 31, 2015). Parcel is zoned A-1 Agricultural District and rezoning will not be required, although Greensville County will require approval for a Special Use Permit. The parcel is contained within a Natural Resource Overlay District allowing for surface mining for minerals and is currently in the advanced stages of a reclamation process subsequent to these mining operations. Preliminary conversations with Greensville County Planning Director indicate strong support for Special Use Permit approval for this solar project and a potential timeline has been established for this approval by October 19, 2015.

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

2016 Citizen Water Quality Monitoring Grant Program Request for Proposals

Purpose: The purpose of the Citizen Water Quality Monitoring Grant Program is to generate scientifically accurate, citizen-collected, water quality data. The program helps to guide and support citizen water quality monitoring and stewardship activities. Funded projects may focus on any or all of the following five categories:

1. List and delist impaired waters on the § 303(d) Impaired Waters List and assess overall water quality.

2. Identify sources of pollution that may help in total maximum daily load (TMDL) development.

3. Track progress of TMDLs or other restoration activities.

4. Identify waters for future monitoring by the Department of Environmental Quality (DEQ).

5. Educating the community on local impacts to water quality and land use activities.

Background: The Citizen Water Quality Monitoring Grant Program was established by a budget amendment in the 1999 Virginia General Assembly Session. The General Assembly based this budget amendment on the Citizen Water Quality Monitoring Grant Report submitted by DEQ regarding the feasibility of a grant to fund citizen monitoring activities. In 2015, the General Assembly allocated general funds for eligible activities by citizen monitoring organizations in Virginia.

General Eligibility: Funds are available to assist in the development and growth of citizen based water quality monitoring activities. Any community or watershed based environmental or conservation organization, secondary school, college, or university who use volunteers to monitor Virginia waters may apply for these funds. The maximum possible grant award is $10,000. Only one grant may be awarded per grantee per grant year. Grants are awarded on a competitive basis. Because of the limited funds available, partial funding may be awarded to maximize the effectiveness of the program. No match is required to receive the grant, but funding from other sources is encouraged. Grant awardees must be able to provide DEQ with a Federal Tax Identification Number. Nonprofit organizations are encouraged to register at no charge with the Virginia e-Procurement Portal eVA. Visit www.eva.virginia.gov to register. Grant funds cannot be used for office space. Funded activities can begin as soon as January 1, 2016, and must be completed by December 31, 2016.

Eligible Activities: Eligible activities include but are not limited to:

• Water monitoring equipment expenses such as field test kits, probes, nets, sample containers, and manuals. Funded projects must monitor in areas representative of the sampled waters such as:

1. Sampling occurs at or near the main area of flow of the waterbody.

2. Sampling occurs just below the water surface or at deeper depths.

3. Sample site is well away from DEQ permitted discharge pipes and mixing zones such as those found at wastewater treatment plants.

• Certain administrative costs such as printing of newsletters, educational materials, and related items.

• Staff costs to cover direct volunteer coordination and training shall not exceed 20% of the total grant award.

• If seeking funds to cover mileage reimbursement for volunteer sample collection and sample transport, the IRS rate of $0.14 per mile for charitable organizations is used. Mileage reimbursement shall not exceed 20% of the total grant request.

• Contractual services such as laboratory analysis and specialized services. The contractor is otherwise not a paid employee of the organization receiving the grant funds.

Any water quality sampling should occur at safe, publically accessible locations such as at bridge crossings or boat ramps. If sampling occurs on private property, landowner permission must be obtained.

Evaluation Criteria: Proposals must be complete and responsive to all applicable sections of the request for proposal (RFP). Proposals that do not fulfill all required solicitation requirements for the grant for which they are applying or omit any of the requested contents may receive a reduced evaluation score. Proposals will be grouped based on the type of award being sought and ranked accordingly (mini-grant to mini-grant, regular grant to regular grant, etc.) Proposals shall be evaluated by a DEQ appointed committee using the following criteria:

		Point Value
1.	Part 1: General Project Description (for mini, regular, and coordination grants): Project goals and scope, certification that volunteers will be used, budget, history and future plans of the project, completing Attachments A and B. (This part will be evaluated and scored on Part 1 only, with a maximum score of 70)	70
2.	Part 2: Site Selection and Quality Assurance (for regular and coordination grants only): Location of proposed sample sites and relation to other monitoring activities, training needs of volunteers and quality assurance documentation. (This part will be evaluated and scored with Part 1 resulting in a combined maximum score of 140)	70
3.	Part 3: Special Conditions (for coordination grants only): Number of sub-organizations, geographic area of coverage, proportion of monitoring in unmonitored waters and future plans of project improvement. (This part will be evaluated and scored with Parts 1, and 2, with a maximum score of 200)	60
4.	Penalty if not meeting prior grant conditions during the past five years. Applied to the final score total	Up to -50

TOTAL: Up to 200

Application Procedures:

Electronic Submission: Electronic submission of the application is preferred. To submit the application electronically, please email a completed application and attachments to [e-mail]. In the subject line of the email, please include the name of the applying organization and the type of grant being sought. Electronic submissions are due no later than 2 p.m. on Friday, October 16, 2015.

Standard Mail Delivery: If delivering by postal mail, an original and four copies of the application and attachments must be received no later than 2 p.m. on Friday, October 16, 2015. Mail applications to:

Mail Delivery:	Street Delivery:
Stuart Torbeck	Stuart Torbeck
Department of Environmental Quality	Department of Environmental Quality
Water Quality Monitoring	Water Quality Monitoring
P.O. Box 1105	629 East Main Street
Richmond, VA 23218	Richmond, VA 23218

No exceptions can be made to the above deadline. Notification of awards will be made in December 2015. Funds will be available when a contract has been signed and returned to DEQ. 100% of the award may be distributed when the signed contract and a written request for payment are returned. For groups who do not have a quality assurance project plan (QAPP) and who will collect water quality samples, a QAPP must be submitted for DEQ approval by the deadline listed below. If a QAPP is not developed and approved by DEQ, future grant applications from the organization may be disqualified.

Contractual Agreements: All work to be accomplished through the Citizen Monitoring Grant Program must be legally embodied in a contract with the grant proposal. This contract will serve as a memorandum of agreement in accordance with § 62.1-44.19:11 of the Code of Virginia. This contract will be between the grantee (or designee) and DEQ. Upon submission of both a signed contract agreement and a written request for payment, grant funds will be made available to the grantee. If at any time the grantee organization cannot fulfill the requirements of the contract, the remainder of the grant funds and any equipment purchased through the grant must be returned to the DEQ Citizen Monitoring Grant Program for redistribution.

Report Requirements: Progress reports providing updates on the project are required according to the schedule below:

Draft QAPP: February 1 2016 (draft due to DEQ for review if a QAPP is required)

Final QAPP: April 1, 2016 (if applicable)

Interim Report: August 1, 2016 (status of grant funds spent, paragraph summary of work completed)

Final Report: February 15, 2017 (all monitoring data must be uploaded to the online DEQ database at www.deq.virginia.gov/easi/. No other submissions of raw data will be accepted.)

In an effort to conserve paper, electronic submission of the final report is encouraged. These reports can be submitted by either a CD or DVD R/RW or by email to [e-mail]. Final reports should consist of the following.*

1. Report summarizing the project and recorded observations along with a summary budget.

2. If applicable, copies of publications, list of workshops, and related material that utilized grant funds.

*If necessary, a hardcopy of these items can be sent to the mailing address listed below.

All water quality data collected using grant funds must be entered on the DEQ online database at www.deq.virginia.gov/easi/. Instructions on how to upload this data will be provided when grant awards are announced in the winter of 2015. The database will allow grant recipients to upload water quality data collected during the course of the project. The public can view this data by accessing the website.

If the organization does not continue monitoring beyond the grant period, any equipment, such as meters or unopened reagents purchased with grant funds must be returned to DEQ at the address listed below to be redistributed or used for future training sessions.

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

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on September 2, 2015. The orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, VA.

Director's Order Number Ninety-Six (15)

Virginia's Computer-Generated Game Lottery Powerball® Final Rules for Game Operation (This Director's Order becomes effective August 11, 2015, fully replaces any and all prior Virginia Lottery "Powerball" game rules, and shall remain in full force and effect unless amended or rescinded by further Director’s Order)

Director's Order Number One Hundred Four (15)

Virginia's Instant Game Lottery 1588 "Redskins Champions Club" Final Rules for Game Operation (effective August 4, 2015)

Director's Order Number One Hundred Five (15)

Virginia's Instant Game Lottery 1574 "Lucky Streak" Final Rules for Game Operation (effective August 11, 2015)

Director's Order Number One Hundred Six (15)

Virginia's Instant Game Lottery 1590 "Grocery Bag Bucks" Final Rules for Game Operation (effective August 11, 2015)

Director's Order Number One Hundred Eight (15)

Virginia's Instant Game Lottery 1584 "$1,000 Frenzy" Final Rules for Game Operation (effective August 11, 2015)

Director's Order Number One Hundred Nine (15)

Virginia's Instant Game Lottery 1589 "Lucky Lines" Final Rules for Game Operation (effective August 11, 2015)

Director's Order Number One Hundred Ten (15)

Virginia's Instant Game Lottery 1559 "Double Dollar Fortune" Final Rules for Game Operation (effective August 11, 2015)

Director's Order Number One Hundred Thirteen (15)

Virginia's Instant Game Lottery 1592 "$40,000 Payday" Final Rules for Game Operation (effective August 11, 2015)

Director's Order Number One Hundred Fourteen (15)

Virginia's Instant Game Lottery 1571 "Cash Blast" Final Rules for Game Operation (effective August 11, 2015)

Director's Order Number One Hundred Fifteen (15)

Virginia's Instant Game Lottery 1557 "20X The Money" Final Rules for Game Operation (effective August 11, 2015)

Director's Order Number One Hundred Seventeen (15)

Virginia's Instant Game Lottery 1591 "Spooktacular Fast $50's" Final Rules for Game Operation (effective August 18, 2015)

Director's Order Number One Hundred Eighteen (15)

Virginia Lottery's "We're Game Honorary Pit Crew Promotion" Final Rules for Operation (This Director's Order becomes effective on Thursday, August 20, 2015, and shall remain in full force and effect unless amended or rescinded by further Director's Order

Director's Order Number One Hundred Nineteen (15)

Virginia's Instant Game Lottery 1593 "Turkey Tripler" Final Rules for Game Operation (effective August 18, 2015)

Director's Order Number One Hundred Thirty-One (15)

Virginia Lottery's "Bank A Million How To Play Coupon" Final Rules for Operation (effective September 1, 2015)

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Professional and Occupational Regulation is conducting a periodic review and small business impact review of 18VAC120-30, Regulations Governing Polygraph Examiners.

The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economic performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins September 21, 2015, and ends October 12, 2015.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Eric L. Olson, Executive Director, Department of Professional Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail].

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

BOARD FOR WASTE MANAGEMENT FACILITY OPERATORS

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Waste Management Facility Operators is currently reviewing each of the regulations listed below to determine whether the regulation should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014). Public comment is sought on the review of any issue relating to each regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

18VAC155-11, Public Participation Guidelines

18VAC150-20, Waste Management Facility Operators Regulations

The comment period begins September 21, 2015, and ends October 12, 2015.

Agency Contact: Eric L. Olson, Executive Director, Department of Professional Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail].

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall, and a report of the small business impact review will be published in the Virginia Register of Regulations.

STATE WATER CONTROL BOARD

Proposed Consent Order for Chesterfield County Department of Public Utilities

An enforcement action has been proposed for Chesterfield County Department of Public Utilities. The consent order describes a settlement to resolve a violation of State Water Control Law associated with an unauthorized discharge to Proctors Creek below the Route 1 Bridge in Chesterfield County. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from September 21, 2015, to October 22, 2015.

Notice of Technical Advisory Committee Meeting

The Department of Environmental Quality (DEQ) seeks participation and input on draft source assessment information for development of a total maximum daily load (TMDL) study for the Lower Chickahominy River and Tributaries in New Kent, Charles City, and James City Counties. Several waterbodies are listed on the § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standards for bacteria for the recreation use (see below). Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law requires the DEQ to develop TMDLs for pollutants responsible for each impaired waterbody. The presentation from the public meeting held in July is available at: http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DocumentationforSelectTMDLs.aspx#LoChx.

The intent to establish an advisory committee was publicly noticed in June 2015 and during the public meeting. Technical advisory committee (TAC) participation has since been encouraged in subsequent phone and email correspondence. The TAC meeting will be held Wednesday, October 7, 2015, at 10 a.m. at the Charles City County Social Center located at 8320 Ruthville Road, Providence Forge, VA 23140. Meeting minutes will be taken and posted on the DEQ website for future reference.

Waterbodies identified for bacteria TMDL development include the following:

Stream	Impairment	Location
Beaverdam Creek	Recreation Use (bacteria)	New Kent County
XAH-Beaverdam Creek, UT
Diascund Creek		New Kent and James City Counties
Mill Creek		James City County
Barrows Creek		Charles City County
Chickahominy River		Charles City, James City, New Kent Counties