Water Laws, Regulations & Guidance

Laws

As of July 1, 2013, the State Water Control Law (§62.1-44.2 et seq) incorporates the Chesapeake Bay Preservation Act (§62.1-44.15:67 et seq), the Erosion and Sediment Control Law (§62.1-44.15:51 et seq) and the Virginia Stormwater Management Act (§62.1-44.15:24 et seq) under the jurisdiction of the State Water Control Board. Please consult our statutory crosswalk document for a listing of changes in the numbering system.

[NOTE:  The published and online versions of the Code of Virginia currently state that the State Water Control Law sections referenced above have a “contingent effective date.”  Please be advised that the contingency was removed on July 2, 2013, when the U.S. Environmental Protection Agency (EPA) approved rescission of authorization for delegation of program authority to the Virginia Soil and Water Conservation Board.  Further, as a result of the EPA action, the companion repeal of sections in Title 10.1 also became effective.]

DEQ is authorized to implement a variety of laws and regulations pertaining to water quality and supply.

The U.S. Environmental Protection Agency (EPA) under the federal Clean Water Act enables states to implement certain EPA responsibilities. One of these responsibilities is the authority to issue National Pollutant Discharge Elimination System permits.  EPA has authorized Virginia to issue NPDES permits under the Virginia Pollutant Discharge Elimination System Permit Program. These permits carry the weight of federal and state laws and regulations, and are enforceable under state and federal authority.

Regulations

The State Water Control Board promulgates Virginia's water regulations, covering a variety of permits, permit fees, ground water management areas, ground water withdrawals and petroleum storage tanks. A report on specific regulations can be obtained from the following link to the Legislative Information System database, for each of the pertinent chapters listed in the Virginia Administrative Code.

On July 1, 2013, regulations implementing the Chesapeake Bay Preservation Act (§62.1-44.15:67 et seq.), the Erosion and Sediment Control Law (§62.1-44.15:51 et seq.) and the Virginia Stormwater Management Act (§62.1-44.15:24 et seq.) were transferred to the State Water Control Board. Please consult our regulatory crosswalk document for a listing of changes in the numbering system. .

Effective July 1, 2013, these regulations are transferred to the State Water Control Board:

 4 VAC 50‑30   Erosion and Sediment Control Regulations 
 4 VAC 50‑50  Erosion and Sediment Control Certification Regulations
 4 VAC 50‑60  Stormwater Management Regulations
 4 VAC 50‑80  Nutrient Trading Certification Regulations
 4 VAC 50‑90  Chesapeake Bay Preservation Area Designation and Management Regulations

At the State Water Control Board meeting on August 26-27, 2013, the Board adopted amendments to the regulations transferred from the Virginia Soil and Water Conservation Board.  The amendments will be effective on October 23, 2013.  Below is a listing of each of the regulations amended by the Board, its new regulation number and a link to an unofficial version of the regulatory text. (Note: the official regulatory text will be available from Legislative Information System database on October 23, 2013.)

 9 VAC 25-830   Chesapeake Bay Preservation Area Designation and Management Regulations
 9 VAC 25-840  Erosion and Sediment Control Regulations
 9 VAC 25-850  Erosion and Sediment Control Certification Regulations
 9 VAC 25-870  Virginia Stormwater Management (VSMP) Regulations
 9 VAC 25-880  General Permit for Discharges of Stormwater from Construction Activities
 9 VAC 25-890  General VPDES Permit for Discharges of Stormwater from Small Municipal
 Separate Storm Sewer Systems

Water Guidance

Guidance documents are available on the Virginia Town Hall website. For your convenience, water guidance documents are also available on DEQ's website.

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Virginia Department of
Environmental Quality
629 East Main Street
P.O. Box 1105
Richmond, VA 23218
(804)698-4000

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