8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 26 Iss. 2 - September 28, 2009

GENERAL NOTICES/ERRATA

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

2009 Annual Report, Agricultural Stewardship Act

The Commissioner of the Virginia Department of Agriculture and Consumer Services announces the availability of the annual report of the Agricultural Stewardship Act entitled "Virginia Agricultural Stewardship Act Annual Report, April 1, 2008 - March 31, 2009: A Positive Approach."  The report can be obtained by accessing our website at http://www.vdacs.virginia.gov/stewardship/index.shtml.

If you do not have access to the internet, contact Joyce Knight at [phone], for a copy of the report.

If you have questions regarding the report, please contact our office at the above telephone number.

DEPARTMENT OF CONSERVATION AND RECREATION

Notice of Public Meeting and Public Comment for Draft Water Quality Improvement Plan (Implementation Plan) for Greenvale, Beach and Paynes Creeks in Lancaster County

Actions to restore water quality in three Lancaster County creeks will be the subject of a meeting to be held Wednesday, October 7, 2009, at the St. Mary's Whitechapel Episcopal Church Assembly Hall, 5940 Whitechapel Road, in Lancaster, Virginia. The meeting to discuss the draft implementation plan (IP) for Greenvale, Beach, and Paynes creeks is hosted by the Virginia Department of Conservation and Recreation.

The three tidal creeks that feed into the Rappahannock River are on the state's list of dirty or impaired waters and shellfish harvesting has been restricted due to excessive bacteria levels. The Virginia Department of Environmental Quality has developed a total maximum daily load, or a TMDL, for these creeks. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality

standards. To restore water quality, bacteria levels have to be reduced to the TMDL amount.

The meeting will be held from 6:30 p.m. to 8:30 p.m. It will focus on the content of the draft IP, including the corrective actions necessary to reduce bacteria levels and improve water quality in these three creeks. The implementation plan has been under development for the past six months, including a series of local meetings and input from local citizens and government agencies. There will be a 30-day comment period following the release of this document to the public. Comments will be due November 9, 2009.

For more information, contact May Sligh, IP coordinator with the DCR, Tappahannock Field Office by telephone [phone] and email [e-mail] or James Davis-Martin, telephone [phone] and email [e-mail]. It is preferred that all comments on the draft document be provided to the email addresses above, though they may also be sent to Department of Conservation and Recreation, Tappahannock Regional Office, P.O. Box 1425, Tappahannock, VA 22560. The TMDL study information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

STATE CORPORATION COMMISSION

Bureau of Insurance

September 8, 2009

Administrative Letter 2009 - 08

To:    All Insurers Licensed to Market Credit Life Insurance or Credit Accident and Sickness Insurance in Virginia and Interested Parties

Re: Credit Life Insurance and Credit Accident and Sickness Insurance Premium Rates Effective January 1, 2010 and 2009 House Bill 1972

This Administrative Letter serves to remind all insurers marketing Credit Life Insurance or Credit Accident and Sickness Insurance in Virginia of changes involving premium rates and contract forms that recently became or will soon become effective. The Bureau of Insurance will monitor policy form and rate submissions and market conduct activity to ensure compliance with both of the following requirements and will follow-up as necessary and appropriate, with any carrier found to be using forms or rates that do not comply with the following:

Premium Rates for Credit Life and Credit Accident Insurance

On July 16, 2009, the Virginia State Corporation Commission issued an Order Adopting Adjusted Prima Facie Rates for the Triennium Commencing January 1, 2010, Case No. INS-2009-00026. All insurers licensed to market credit life insurance or credit accident and sickness insurance in Virginia were mailed a copy of the Order and the adopted rates on July 23, 2009. The adjusted prima facie rates for the triennium commencing January 1, 2010, will remain in effect until January 1, 2013.

Each company marketing credit life insurance or credit accident and sickness insurance in Virginia must submit the rates and refund formulas applicable to the upcoming triennium to the Bureau for approval. Each filing should include the following information:

· The specific single premium and monthly outstanding balance (MOB) rates and rate formulas, and examples of the rate formulas;

· All refund formulas, including examples;

· Any other information required to document the development of the rates and refund formulas;

· The date of previously approved formulas;

· The form number to which each rate or formula will apply; and

· A description of the referenced forms.

A request for approval of a deviated premium rate or rates to be effective on or after January 1, 2010 may be included as part of the actuarial memorandum referenced above.  It should be noted that previously approved deviated premium rates can only be used through December 31, 2009, in accordance with § 38.2-3728 C 1 of the Code of Virginia.

The filing requirements for credit life insurance and credit accident and sickness insurance filings may be found on the Bureau's website at:

http://www.scc.virginia.gov/division/boi/webpages/
boinaicproductreviewchecklistlh.htm

My staff will review filings as promptly as possible; however, companies that delay making filings after December 1, 2009, cannot be assured that our review will be completed by January 1, 2010. Any insurer that has not received the Bureau's approval of its rates and refund formulas on or before January 1, 2010 must cease marketing credit life insurance or credit accident and sickness insurance in Virginia as of January 1, 2010, and must cease charging premiums for existing MOB contracts as of January 1, 2010, until such date that it has received the Commission's approval, as noted above.

2009 House Bill 1972

House Bill 1972, enacted by the Virginia General Assembly during the 2009 legislative session, amended §§ 38.2-3724, 38.2-3729, 38.2-3735, and 38.2-3737 in the Credit Life and [se1] Credit Accident and Sickness Insurance Chapter. Among other things, these statutory amendments call for specific, prominent disclosure in credit life or credit accident and sickness insurance policy forms and certificates relating to the payment of refunds. Carriers are also required to retain documentation of having appropriately notified debtors of their rights to refunds. All carriers should have modified their forms and procedures, and secured any necessary approvals, prior to July 1, 2009, in order to ensure compliance with these new requirements. The Bureau will monitor form filings, consumer complaints and market activity, and will recommend appropriate action against any insurer found to have been in violation of the provisions of HB 1972 with respect to policies or certificates issued on and after July 1, 2009.

Any questions with regard to any of the above matters should be directed to: Amanda G. McCauley, Senior Insurance Market Examiner, Life and Health Division, P.O. Box 1157, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

/s/ Alfred W. Gross

Commissioner of Insurance

DEPARTMENT OF ENVIRONMENTAL QUALITY

Total Maximum Daily Load for Accotink Creek

Announcement of a total maximum daily load (TMDL) study to restore water quality in a portion of Accotink Creek that has an aquatic life use impairment.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ), the Virginia Department of Conservation and Recreation (DCR), and the United States Environmental Protection Agency (EPA) announce a public meeting to introduce the Accotink Creek Benthic TMDL study to members of the community.

Public meeting: Tuesday, September 29, 2009, 4 p.m. to 6 p.m., Fairfax County Government Center, Conference Rooms 4 and 5, 12000 Government Center Parkway, Fairfax, VA 22035.

Meeting description: This is the first public meeting for this project. The purpose of the meeting is to introduce the project and discuss the study with community members.

Description of study: A portion of Accotink Creek has been identified as impaired on the Clean Water Act § 303(d) list for not supporting the aquatic life use due to poor health in the benthic biological community. Virginia agencies are working together with EPA to identify the benthic stressors causing the aquatic life use impairment on Accotink Creek. The Accotink Creek watershed covers both the City of Fairfax and Fairfax County. Below is a description of the impaired portion of Accotink Creek that will be addressed in this study:

Stream Name	Watershed Location	Impair- ment	Area (miles)	Upstream  Limit	Down- stream Limit
Accotink Creek	Fairfax County Fairfax City	Aquatic Life Use Benthic Macro-inverte-brates	7.35	Confluence of Accotink Creek with Calamo Branch	Start of the tidal waters of Accotink Bay

During the study, DEQ will develop a total maximum daily load (TMDL) for the impaired watershed. A TMDL is the total amount of a pollutant a water body can receive and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL allocated amount.

How to comment: The public comment period on the materials presented at the public meeting will extend from September 29, 2009, to October 29, 2009. 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. Please send all comments to the contact listed below.

Contact information: Katie Conaway, Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone [phone], or email [e-mail].

Extension of Public Comment Period of a Water Quality Restoration Study for the James River and Tributaries in Richmond City, Chesterfield, Henrico, and Powhatan Counties, Virginia

Purpose of notice: The Virginia Department of Environmental Quality is extending the final comment period for this water quality study as a result of requests by the public. As of this notice, DEQ will continue accepting public comments on the study for an additional 30 days which will expire on October 27, 2009.

Description of study: Virginia agencies have been working to identify sources of the bacterial contamination in the waters of the James River and it's tributaries in the following jurisdictions:

Stream	County/City	Length (mi.)	Impairment
Bernards Creek	Chesterfield, Powhatan	6.95	Bacteria
Powhite Creek	Chesterfield, Richmond City	8.13	Bacteria
Reedy Creek	Richmond City	3.69	Bacteria
James River	Richmond City	2.99	Bacteria
Gillies Creek	Richmond City, Henrico	5.75	Bacteria
Almond Creek	Henrico	2.08	Bacteria
Goode Creek	Richmond City	1.22	Bacteria
Falling Creek	Chesterfield	3.10	Bacteria
No Name Creek	Chesterfield	2.07	Bacteria
James River	Chesterfield, Henrico, Richmond City	6.75	Bacteria

These streams are impaired due to bacterial standard violations and failure to meet the primary contact (recreational) designated use. The study describes the sources of bacterial contamination and recommends total maximum daily loads (TMDLs), for these 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 meet Virginia's bacterial water quality standards. Please visit: http://www.deq.virginia.gov/tmdl/mtgppt.html to review the March 10, 2009, final public meetings presentations. The draft TMDL report is available for review at: https://www.deq.virginia.gov/TMDLDataSearch/DraftReports.jspx.

The development of a TMDL includes multiple public meetings; each followed by 30-day public comment period. Due to requests made during the most recent public comment period that ended April 10, 2009, DEQ has decided to extend the public comment opportunity for an additional 30 days.

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 end on October 27, 2009.

Contact 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].

Public Comment Period - Second Annual Review Report for the State Program General Permit 07-SPGP-01

Purpose of notice: The Virginia Department of Environmental Quality seeks public comment on the state's second annual review report for the State Program General Permit 07-SPGP-01, granted by the United States Army Corps of Engineers for the discharge of dredged or fill material in nontidal waters of the United States associated with certain residential, commercial, and institutional developments and linear transportation projects within the geographical limits of the Commonwealth of Virginia.

Public comment period: September 10, 2009, to October 9, 2009.

DEQ has prepared the second annual review report, which is available on DEQ's web page http://www.deq.virginia.gov/wetlands/publicnotices.html, or by contacting the person named below. The public may also review the report documents at DEQ's central office in Richmond. DEQ is interested in receiving public comments regarding the report and/or the overall effectiveness of the State Program General Permit (07-SPGP-01) process.

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.

Contact Information: Elizabeth (Liz) McKercher, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX (804) 698-4032, or email [e-mail].

BOARD OF HEALTH

Notice of Comment Period on Proposed Emergency Regulation

Title of Regulation: 12VAC5-613. Emergency Regulations for Alternative Onsite Sewage Systems.

Statutory Authority: Virginia Code § 32.1-163 et. seq., and Chapter 220 of the 2009 Acts of Assembly.

Comment Period:  September 29, 2009 through October 28, 2009.

Agency Contact: Allen L. Knapp, Director, Division of Onsite Sewage, Water Supplies, Environmental Engineering, and Marina Programs, 109 Governor Street, 5th Floor, Richmond, VA 23219, telephone [phone], FAX (804) 864-7476, or email [e-mail].

Preamble: Chapter 220 of the 2009 Acts of Assembly, effective July 1, 2009, states:

2. That the Board shall, within 280 days, adopt regulations establishing performance requirements and horizontal setbacks necessary to protect public health and the environment for alternative systems permitted pursuant to the Board's regulations implementing this chapter. Such regulations shall include a requirement for a comment period of at least 30 days, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), and shall contain operation and maintenance requirements consistent with the requirements for alternative onsite sewage systems contained in § 32.1-164 of the Code of Virginia.

Notice: Dr. Karen Remley, M.D., M.B.A., F.A.A.P., State Health Commissioner, acting on behalf of the Board of Health, has proposed emergency regulations in accordance with Chapter 220 of the 2009 Acts of Assembly. 12VAC5-613, the Emergency Regulations for Alternative Onsite Sewage Systems, can be viewed at http://www.vdh.virginia.gov/EnvironmentalHealth/Onsite/
documents/2009/docs/EmergencyRegulations.doc. A 30-day comment period begins on September 29, 2009, and ends October 28, 2009. To obtain a copy of the Emergency Regulations for Alternative Onsite Sewage Systems and to submit comments, contact Allen L. Knapp, Director, Division of Onsite Sewage, Water Supplies, Environmental Engineering, and Marina Programs, 109 Governor Street, 5th Floor, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

Following the 30-day comment period the Board of Health will revise the regulations and submit them for executive review in accordance with § 2.2-4011 of the Code of Virginia. Following executive review in accordance with the requirements for emergency regulations, the emergency regulations will be filed with the Registrar of Regulations, at which time they will be effective for 12 months, and published in the Virginia Register of Regulations.

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 may 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.

ERRATA

STATE CORPORATION COMMISSION

Title of Regulation: 10VAC5-200. Payday Lending.

Publication: 25:26 VA.R. 4537-4541 August 31, 2009.

Correction to Proposed Regulation:

Page 4539, 10VAC5-200-100 E 1, line 4, after "made" insert a comma

VA.R. Doc. R09-2079

---

[se1]Note that this was incorrectly referenced in Administrative Letter 2009-6.