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9VAC25-260-260. Modification, amendment, and cancellation of standards.

A. Under the authority of 62.1-44.15(3)(b) of the State Water Control Law, the board reserves the right at any time to modify, amend, or cancel any of the rules, policies, or standards set forth here. Such modification, amendment, or cancellation shall be consistent with requirements of 303 of the Clean Water Act, as amended, and regulations promulgated under it.

B. Within three years after December 10, 1997, the department shall perform an analysis on this chapter and provide the board with a report on the results. The analysis shall include (i) the purpose and need for the chapter; (ii) alternatives which would achieve the stated purpose of this chapter in a less burdensome and less intrusive manner; (iii) an assessment of the effectiveness of this chapter; (iv) the results of a review of current state and federal statutory and regulatory requirements, including identification and justification of requirements of this chapter which are more stringent than federal requirements; and (v) the results of a review as to whether this chapter is clearly written and easily understandable by affected entities.

Upon review of the department's analysis, the board shall confirm the need to (i) continue this chapter without amendment; (ii) repeal this chapter; or (iii) amend this chapter. If the board's decision is to repeal or amend this chapter, the board shall authorize the department to initiate the applicable regulatory process to carry out the decision of the board.

Statutory Authority

62.1-44.15(3a) of the Code of Virginia.

Historical Notes

Derived from VR680-21-06.2, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997.

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