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2021 SESSION
21104440DBe it enacted by the General Assembly of Virginia:
1. That § 62.1-44.15:81 of the Code of Virginia is amended and reenacted as follows:
§ 62.1-44.15:81. Application and preparation of draft certification conditions.
A. Any applicant for a federal license or permit for a natural
gas transmission pipeline greater than 36 inches inside diameter subject to §
7c of the federal Natural Gas Act (15 U.S.C. § 717f(c)) shall submit a separate
application, at the same time the Joint Permit Application is submitted, to the
Department containing a description of all activities that will occur in upland
areas, including activities in or related to (i) slopes with a grade greater
than 15 10 percent; (ii) karst geology features, including
sinkholes and underground springs; (iii) proximity to sensitive streams and
wetlands identified by the Department of Conservation and Recreation or the
Department of Wildlife Resources; (iv) seasonally high water tables; (v) water
impoundment structures and reservoirs; and (vi) areas with highly erodible
soils, low pH, and acid sulfate soils. The applicant shall submit in the
application a detailed erosion and sediment control plan and stormwater
management plan in accordance with applicable regulations and subject to
Department review, modification, or approval.
B. At any time during the review of the application, but prior to issuing a certification pursuant to this article, the Department may issue an information request to the applicant for any relevant additional information necessary to determine (i) if any activities related to the applicant's project in upland areas are likely to result in a discharge to state waters and (ii) how the applicant proposes to minimize water quality impacts to the maximum extent practicable to protect water quality. The information request shall provide a reasonable amount of time for the applicant to respond.
C. The Department shall review the information contained in the application and any additional information obtained through any information requests issued pursuant to subsection B to determine if any activities described in the application or in any additional information requests (i) are likely to result in a discharge to state waters with the potential to adversely impact water quality and (ii) will not be addressed by the Virginia Water Protection Permit issued for the activity pursuant to Article 2.2 (§ 62.1-44.15:20 et seq.). The Department of Wildlife Resources, the Department of Conservation and Recreation, the Department of Health, and the Department of Agriculture and Consumer Services shall consult with the Department during the review of the application and any additional information obtained through any information requests issued pursuant to subsection B. Following the conclusion of its review, the Department shall develop a draft certification, including the erosion and sediment control plan and stormwater management plan approved pursuant to subsection D, for public comment and potential issuance by the Department or the Board pursuant to § 62.1-44.15:02 that contains any additional conditions for activities in upland areas necessary to protect water quality. The Department shall make the information contained in the application and any additional information obtained through any information requests issued pursuant to subsection B available to the public.
D. Notwithstanding any applicable annual standards and
specifications for erosion and sediment control or stormwater management
pursuant to Article 2.3 (§ 62.1-44.15:24 et seq.) or 2.4 (§ 62.1-44.15:51 et
seq.), the applicant shall not commence land-disturbing activity prior to
approval by the Department of an erosion and sediment control plan and
stormwater management plan in accordance with applicable regulations. The
Department shall act on any plan submittal within 60 days after initial
submittal of a completed plan to the Department. The Department may issue
either approval or disapproval and shall provide written rationale for any
disapproval its decision. The Department shall act on any plan that
has been previously disapproved within 30 days after the plan has been revised
and resubmitted for approval. The Board shall not waive certification of
natural gas transmission pipelines greater than 36 inches inside diameter under
§ 401 of the federal Clean Water Act (33 U.S.C. § 1341). The Department shall
deny certification under this article if the Department does not approve,
within a reasonable time, erosion and sediment control and stormwater
management plans that provide reasonable assurance that the pipeline project
will comply with state water quality standards.
E. No action by either the Department or the Board on a certification pursuant to this article shall alter the siting determination made through Federal Energy Regulatory Commission or State Corporation Commission approval.
F. The Department shall assess an administrative charge to the applicant to cover the direct costs of services rendered associated with its responsibilities pursuant to this section.