| Petition Information | |
|---|---|
| Petition Title | WQMP Regulation - Town of Craigsville |
| Date Filed | 3/22/2006 |
| Petitioner | Mayor Richard L. Fox, Town of Craigsville, Virginia |
| Petitioner's Request | The Town of Craigsville has requested an amendment of the Water Quality Management Planning Regulation (9 VAC 20-720) to assign nutrient waste load allocations for a new wastewater treatment plant. The Town currently operates a 0.25 MGD wastewater plant that provides final treatment using spray irrigation under a Virginia Pollution Abatement permit (no surface water discharge). The existing plant is not a "significant discharger" for the purpose of assigning nutrient waste load allocations, and for that reason was not included in the Water Quality Management Planning Regulation amendments (9 VAC 25-720) adopted by the State Water Control Board in 2005. Further, since there is no surface water discharge, the plant has no design capacity as a nonsignificant discharger would. As a result, the plant has zero nutrient waste load allocations, and would be identified as a new discharge required to completely offset the additional nutrient load if it discharged to State waters. The Town recently applied for a VPDES discharge permit for a new 0.435 MGD plant, and has petitioned for nutrient waste load allocations as follows: • Total Nitrogen = 10,600 lbs/yr (based on 0.435 MGD and 8.0 mg/l annual average TN concentration) • Total Phosphorus = 1,325 lbs/yr (based on 0.435 MGD and 1.0 mg/l annual average TP concentration) |
| Agency's Plan | The Department is public noticing receipt of the petition and seeking public comment on the petition. Upon close of the public comment period, comments received will be reviewed and a decision made on initiating a rulemaking or placing the petition on the Board's next meeting agenda for their consideration. |
| Comment Period | Began 7/10/2006 Ended 7/31/2006 0 comments |
| Agency Decision | Take no action |
| Response Date | 11/28/2006 |
| Agency Decision Summary | The denial of Craigsville’s petition for nutrient waste load allocations, was based on these factors: 1. Craigsville’s wastewater treatment plant was a no-discharge facility during the rulemaking for nutrient discharge control regulations. Therefore, it was neither a significant discharger to be assigned nutrient waste load allocations, nor was it eligible to receive a "permitted design capacity" as a non-significant discharger to surface waters would. 2. Craigsville applied for a VPDES permit on November 4, 2005. As a result, the facility is considered a new discharge under the Nutrient Credit Exchange Program law. As a new facility authorized to discharge by a VPDES permit first issued after July 1, 2005, per Virginia Code §62.1-44.19:15.A.4., Craigsville must:
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