On March 26, 2026, the Department of Environmental Quality received James Alexander’s and Evans Oakerson’s petition to the State Water Control Board for rulemaking.  The petitioners assert that after the U.S. Supreme Court’s decision in Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), regulatory amendments are necessary to address significant gaps in existing regulations regarding discharges into dry ditch or intermittent streams from wastewater facilities discharging 1,000 gallons or more each day. The petitioners included proposed changes to the Virginia Pollutant Discharge System (VPDES) Permit Regulation with the petition for rulemaking.

A copy of the full petition is available from the point of contact for this petition.

A 21-day public comment period is being announced in the Virginia Register of Regulations. Upon completion of the public comment period, the State Water Control Board will consider the petition at a future meeting and decide whether or not to move forward with the rulemaking.