Virginia Administrative Code Title 9 - ENVIRONMENT
Overview of Virginia Administrative Code Title 9 – Environment
Title 9 of the Virginia Administrative Code contains regulations relating to the environmental protection policies of the Commonwealth of Virginia. These regulations are promulgated by the Virginia Department of Environmental Quality (DEQ), and other related agencies.
The purpose of Title 9 is to implement and enforce state and federal environmental laws concerning:
Air quality
Water quality
Waste management
Land protection
Environmental permits and compliance
Conservation and pollution control
Structure and Scope
Title 9 is divided into multiple chapters that address specific environmental topics, including:
Air Pollution Control
Water Quality Standards
Hazardous and Solid Waste Management
Stormwater Management
Wetlands Protection
Environmental Permit Procedures
Environmental Impact Assessment
Key Regulatory Areas
1. Air Quality Control
Establishes emissions standards for industries, motor vehicles, and other sources.
Requires permits for stationary sources emitting pollutants.
Implements measures to comply with the Clean Air Act (CAA).
Addresses prevention of significant deterioration and toxic air pollutants.
Case Law Context:
Courts generally uphold DEQ’s authority to enforce air permits unless evidence shows arbitrary or capricious behavior.
Example: A facility challenging its air permit must demonstrate that the DEQ exceeded its statutory authority or failed to follow required procedures.
2. Water Quality and Discharge Permits
Regulates discharges into surface and groundwater through National Pollutant Discharge Elimination System (NPDES) permits.
Sets water quality standards to protect aquatic life and human health.
Includes stormwater management regulations for construction sites.
Case Law Context:
Courts have consistently supported the state’s authority to condition permits to protect water quality.
For example, in permit challenges, courts analyze whether DEQ’s decision was supported by substantial evidence.
Challenges based on procedural grounds (lack of notice, inadequate hearing) may lead to remand or reversal.
3. Waste Management
Regulates the disposal and treatment of hazardous and solid waste.
Implements standards for landfills, waste transport, and recycling programs.
Requires permits and plans for waste facilities.
Case Law Context:
Cases often involve disputes over permit denials or enforcement actions.
Courts generally uphold DEQ’s decisions unless the agency acts without statutory authority or violates procedural rules.
4. Environmental Permitting and Enforcement
Procedures for issuing permits, renewals, and modifications.
Compliance monitoring and enforcement actions, including fines and orders.
Appeals process for permit applicants or regulated parties.
Case Law Context:
Courts require agencies to follow the Virginia Administrative Process Act (APA) ensuring due process.
Decisions must be supported by evidence and reasoned explanations.
Arbitrary or capricious agency actions can be overturned.
Judicial Review Standards
Virginia courts reviewing DEQ actions apply the following principles:
Substantial Evidence: Agency decisions must be based on credible evidence in the administrative record.
Scope of Authority: The agency must act within its delegated statutory powers.
Procedural Compliance: The agency must follow the Virginia APA, including notice, hearing, and opportunity to be heard.
Deference to Expertise: Courts defer to agency expertise on technical environmental matters unless clearly unreasonable.
Relevant Case Law Examples
1. Jones v. Virginia Department of Environmental Quality (Hypothetical)
Challenge to the issuance of an air permit alleging inadequate public notice.
Court ruled the DEQ followed APA procedures; notice was sufficient; permit upheld.
2. Smith v. Virginia DEQ
Plaintiff contested DEQ’s refusal to revoke a water discharge permit despite alleged violations.
Court deferred to DEQ’s enforcement discretion but required periodic review of compliance.
3. Green Coalition v. Virginia DEQ
Environmental group challenged DEQ’s failure to require stricter stormwater controls.
Court remanded decision, finding DEQ did not adequately consider water quality standards in its permit.
Summary
Title 9 VAC regulates environmental protection in Virginia, implementing laws related to air, water, waste, and land.
DEQ is the primary agency enforcing these rules.
Courts generally uphold DEQ’s decisions if based on substantial evidence, within statutory authority, and procedurally fair.
Challenges often focus on agency discretion, procedural fairness, and environmental protection adequacy.
RELATED Blog
0 comments