62.1-44.16 - Industrial wastes.
§ 62.1-44.16. Industrial wastes.
(1) Any owner who erects, constructs, opens, reopens, expands or employs newprocesses in or operates any establishment from which there is a potential oractual discharge of industrial wastes or other wastes to state waters shallfirst provide facilities approved by the Board for the treatment or controlof such industrial wastes or other wastes.
Application for such discharge shall be made to the Board and shall beaccompanied by pertinent plans, specifications, maps, and such other relevantinformation as may be required, in scope and details satisfactory to theBoard.
(a) Public notice of every such application shall be given by noticepublished once a week for two successive weeks in a newspaper of generalcirculation in the county or city where the certificate is applied for or bysuch other means as the Board may prescribe.
(b) The Board shall review the application and the information thataccompanies it as soon as practicable and making a ruling within a period offour months from the date the application is filed with the Board approvingor disapproving the application and stating the grounds for conditionalapproval or disapproval. If the application is approved, the Board shallgrant a certificate for the discharge of the industrial wastes or otherwastes into state waters or for the other alteration of the physical,chemical or biological properties of state waters, as the case may be. If theapplication is disapproved, the Board shall notify the owner as to whatmeasures, if any, the owner may take to secure approval.
(2) (a) Any owner operating under a valid certificate issued by the Board whofails to meet water quality standards established by the Board solely as aresult of a change in water quality standards or in the law shall provide thenecessary facilities approved by the Board within a reasonable time to meetsuch new requirements; provided, however, that such facilities shall bereasonable and practicable of attainment giving consideration to the publicinterest and the equities of the case. The Board may amend such certificate,or revoke it and issue a new one to reflect such facilities after properhearing, with at least thirty days' notice to the owner of the time, placeand purpose thereof. If such revocation or amendment of a certificate ismutually agreeable to the Board and the owner involved, the hearing andnotice may be dispensed with.
(b) The Board shall revoke the certificate in case of a failure to complywith all such requirements and may issue a special order under subdivisions(8a), (8b), and (8c) of § 62.1-44.15 (8).
(1970, c. 638.)