SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2021 SPECIAL SESSION I
Be 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 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. Concurrently with the Joint Permit Application, the applicant shall also submit a detailed erosion and sediment control plan and stormwater management plan subject to Department review and approval.
B. After receipt of an application in accordance with subsection A, the Department shall issue a request for information about how the erosion and sediment control plan and stormwater management plan will address activities in or related to the upland areas identified in subsection A. The response to such request shall include the specific strategies and best management practices that will be utilized by the applicant to address challenges associated with each area type and an explanation of how such strategies and best management practices will ensure compliance with water quality standards.
C. 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. D. The Department shall review the
information contained in the application, the response to the information
request in subsection B, and any additional information obtained through
any information requests issued pursuant to subsection B C 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 or C. Following the conclusion of its review, the
Department shall develop a draft certification or denial. A draft
certification, including (i) any additional conditions for activities in upland
areas necessary to protect water quality and (ii) a condition that the
applicant shall not commence land-disturbing activity prior to approval by the
Department of the erosion and sediment control plan and stormwater management
plan required pursuant to subsection E, shall be noticed 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 or
C available to the public.
D. E. 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 resolution of any unresolved issues identified in
subsection B to the satisfaction of the Department and 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.
E. F. 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. G. 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.
H. Neither the Department nor the Board shall expressly waive certification of a natural gas transmission pipeline of greater than 36 inches inside diameter under § 401 of the federal Clean Water Act (33 U.S.C. § 1341). The Department or the Board shall act on any certification request within a reasonable period of time pursuant to federal law. Nothing in this section shall be construed to prohibit the Department or the Board from taking action to deny a certification in accordance with the provisions of § 401 of the federal Clean Water Act (33 U.S.C. § 1341).