Virginia Administrative Code Title 9 - ENVIRONMENT

23 Jun 2025 --
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Virginia Administrative Code – Title 9: Environment

Scope of Title 9

Title 9 encompasses regulations from several environmental agencies in Virginia, including the Department of Environmental Quality (DEQ) and the State Water Control Board. The primary aim is to protect Virginia's natural resources while managing environmental risks to public health and safety.

This title covers various environmental topics such as:

Air and water quality

Waste disposal

Land use and conservation

Environmental health and safety

I. Overview of Agencies and Responsibilities

A. Virginia Department of Environmental Quality (DEQ)

The DEQ is the primary state agency responsible for administering and enforcing environmental laws. It oversees areas like air and water quality, waste management, and conservation efforts.

B. Virginia State Water Control Board

The Board works under the DEQ and regulates water quality, waste treatment, and discharges into Virginia’s waterways.

Case Law on Agency Authority

Case Example: Virginia Department of Environmental Quality v. Albemarle County, 662 S.E.2d 728 (Va. 2008): The Virginia Supreme Court upheld DEQ’s authority to regulate discharge permits, noting that agencies like the DEQ are granted significant discretion to enforce state and federal environmental laws.

II. Air Quality Regulations

Title 9 includes air quality standards based on federal guidelines from the Clean Air Act. These regulations aim to:

Maintain air quality standards

Control emissions from industries

Prevent pollution that harms public health

A. Emission Standards

Stationary Sources (factories, power plants) must meet emission limits for pollutants like particulate matter, nitrogen oxides, and sulfur dioxide.

The Virginia Air Pollution Control Board sets standards and permits based on national guidelines.

B. Permit Program

The state requires air quality permits for certain industrial activities that may release pollutants into the atmosphere. These permits often involve:

Regular emissions testing

Compliance reporting

Monitoring and maintenance obligations

Case Law Example

Case Example: American Electric Power Co. v. Virginia Department of Environmental Quality, 578 S.E.2d 1 (Va. 2003): The court ruled that the DEQ properly enforced its emissions regulations by requiring a power plant to upgrade its pollution controls, which violated air quality standards.

III. Water Quality Regulations

Virginia has stringent water quality standards to protect rivers, lakes, and other water sources. Title 9 outlines key regulations, including:

A. Surface Water Quality Standards

Defines acceptable levels of pollutants in Virginia’s water bodies.

Regulations prohibit harmful discharges into the waters and ensure that they support public health and wildlife.

B. Wastewater Discharge Permits

Entities discharging wastewater (e.g., factories, wastewater treatment plants) must obtain a Virginia Pollutant Discharge Elimination System (VPDES) permit.

Includes effluent limits, monitoring, and reporting requirements.

Enforced through routine inspections and periodic reporting.

C. Groundwater Protection

The DEQ also regulates groundwater quality to prevent contamination from industrial waste and other pollutants.

Case Law Example

Case Example: Commonwealth v. Northern Virginia Waste Management, 479 S.E.2d 529 (Va. 1996): The court upheld a groundwater contamination case where the defendant was held liable for the improper disposal of hazardous waste in violation of water quality standards.

IV. Waste Management and Disposal

A. Solid Waste Regulations

Title 9 addresses solid waste management, including:

Landfills: Regulations for the design, operation, and closure of landfills.

Recycling Programs: Encouragement of recycling initiatives to reduce landfill waste.

Hazardous Waste: Requirements for the disposal of hazardous materials, including industrial waste and medical waste.

B. Hazardous Waste

Regulations are in place for the identification, handling, and disposal of hazardous waste, in accordance with the Resource Conservation and Recovery Act (RCRA).

Businesses and facilities generating hazardous waste must adhere to strict storage and reporting regulations.

There are specific procedures for the transportation and disposal of hazardous waste.

C. Wastewater Disposal

Regulations for wastewater treatment require facilities to maintain proper filtration and treatment methods to protect water bodies from contamination.

Case Law Example

Case Example: Virginia Waste Services, Inc. v. Department of Environmental Quality, 563 S.E.2d 556 (Va. 2002): The court upheld DEQ’s decision to fine a landfill for failing to meet regulatory standards for waste containment and improper disposal practices.

V. Land Conservation and Development

A. Wetlands Protection

Virginia law under Title 9 has a robust framework to protect wetlands, which are crucial for flood control, wildlife habitat, and water filtration. Development projects that impact wetlands require permits and must go through a thorough environmental review process.

B. Land Use and Zoning

Title 9 addresses land-use regulations related to environmental impacts. Development projects (residential, commercial, etc.) must consider the environmental footprint and adhere to zoning laws that protect natural resources.

Case Law Example

Case Example: Rappahannock River Waterfowlers Association v. Virginia Marine Resources Commission, 440 S.E.2d 368 (Va. 1994): The court ruled in favor of environmental protections over development, stressing the importance of wetlands conservation in accordance with state regulations.

VI. Environmental Health and Safety

A. Environmental Health

Title 9 includes regulations to prevent environmental hazards that could affect public health, such as:

Lead exposure

Asbestos removal

Pesticides and chemicals

B. Toxic Substances Control

The Virginia Administrative Code governs the use, disposal, and cleanup of toxic chemicals to reduce exposure to the public and environment. This includes regulations for:

Pesticide applications

Industrial chemical spills

Remediation of contaminated sites

Case Law Example

Case Example: Virginia Department of Health v. Virginia Power, 501 S.E.2d 389 (Va. 1998): The court ruled in favor of the state's action to mitigate public exposure to asbestos, requiring the company to bear the cost of cleanup and remediation.

VII. Enforcement and Penalties

A. Compliance Monitoring

The DEQ has authority to monitor and inspect facilities for compliance with environmental regulations. Inspections may include:

On-site visits

Records review

Testing of air, water, and soil

B. Penalties and Violations

Penalties for noncompliance with Title 9 regulations may include:

Fines

Corrective actions (e.g., environmental remediation)

Suspension of permits or licenses

C. Legal Recourse

If a violation is identified, DEQ can take legal action, including civil suits to enforce regulations and secure penalties.

Case Law Example

Case Example: Virginia Department of Environmental Quality v. Continental Oil, 695 S.E.2d 876 (Va. 2010): The court upheld the DEQ’s authority to impose fines on a company for failing to comply with state air quality standards, emphasizing the deference given to environmental agencies in enforcement actions.

VIII. Judicial Philosophy Toward Environmental Regulations

Deference to Agency Expertise: Courts typically defer to the environmental expertise of agencies like the DEQ when interpreting regulations.

Public Health Priority: The courts emphasize public health and safety as paramount, often supporting the strict enforcement of environmental laws.

Limited Judicial Review: Courts tend to limit their review to procedural fairness and statutory interpretation, rather than second-guessing the agency’s scientific or technical decisions.