VPA Permits, Fees, and Regulations

Who Must Apply

Any person who proposes to manage pollutants without resulting in a point source discharge to surface waters. Virginia Pollution Abatement (VPA) permits may be used to authorize land application of industrial wastes (sludge and wastewater), sewage sludge, municipal wastewater, animal wastes, or "closed systems" that reuse and recycle wastewater. Excluded are vessels, runoff from fields (except from animal feeding operations) and orchards, return flows from irrigation, land disposal of pollutants permitted by other Virginia programs, and discharges into otherwise permitted treatment systems.

Virginia Pollution Abatement Individual and General Permits

(To view the current Regulation in its entirety: follow the link(s) in this section and then select create report at the top of the page after the regulation title, a new window will open, select submit-without entering any information-the current version of the regulation will open.)

Terms

Individual permits:  varied, maximum term of 10 years.

General permit authorizations:  maximum term of 10 years, as follows:

  • VPA Regulation and General Permit for Animal Feeding Operations and Animal Waste Management: effective November 16, 2014, expires November 15, 2024
  • VPA Regulation and General Permit for Poultry Waste Management: effective December 1, 2010, expires November 30, 2020

Fees

Regulation: Fees for Permits and Certificates, 9VAC25-20 -10 et. seq.  

The current DEQ Water Division Permit Application Fee Form, Form 5 may be found on the Forms Webpage of the Fees for Permits and Certificates regulation.

The following permit application fees apply:

 VPA Permit Type  Issuance Fee  Modification Fee 
VPA Industrial Wastewater Operation / Land Application of 10 or More Inches Per Year  $15,000  $7,500
VPA Industrial Wastewater Operation / Land Application of less Than 10 Inches Per Year  $10,500  $5,250
VPA Industrial Sludge Operation  $7,500  $3,750
VPA Combined Sludge Operation - Industrial Sludge (excluding water treatment plant residuals) and Municipal Biosolids  $7,500  $3,750
VPA Municipal Wastewater Operation  $13,500  $6,750
VPA Municipal Sludge Operation (Biosolids) (May also include water treatment plant residuals)  $5,000  $1,000
VPA Animal Feeding Operation (Including Poultry Feeding Operations) / Farming Operations Engaged in Production for Market  $0  $0
Other VPA Permits  $750  $375

Typical Requirements of a Permit

  1. Prohibition of discharge of pollutants to surface waters.
  2. Sludge, wastewater, manure, and soil monitoring requirements.
  3. Waste storage and land application requirements.
  4. Best management practices, such as berms and buffer strips to protect surface water and groundwater.
  5. Nutrient Management Plan for land application associated withanimal feeding operations, biosolids and industrial residuals.
  6. Groundwater monitoring may be required on a case-by-case basis to detect possible contamination.

Permitting Process

VPA General Permits

Complete the appropraite registration statement form below based on the proposed activity according to the instructions and submit to the appropriate DEQ regional office.

VPA Individual permits

  1. Non-biosolids permits: Contact the appropriate DEQ regional office for your project location.
  2. Biosolids Permits: Prior to submitting an application for a permit authorizing the land application, distiribution and marketing or storage of biosolids, please contact the DEQ - Office of Land Application Programs for instructions on where to submit it.  Refer to the VA DEQ Biosolids Program Contact List to obtain the contact information.
  3. Obtain the appropriate Virginia Pollution Abatement permit application form(s) from below. Completed application must be filed along with the permit fee at least 180 days before start of construction or operation, or before expiration of existing permit.
  4. Draft permit is prepared by the DEQ regional office and may be reviewed by the Virginia Department of Health and the applicant. Revised drafts may be re-reviewed by all parties.
  5. Public notice is issued and a hearing conducted if justified.
  6. Appeal of permit denial or permit conditions is made by the applicant to the State Water Control Board in a hearing. Judicial review is in accordance with Virginia's Administrative Process Act.

Application Forms and Instructions for Invidual VPA Permits

All forms that may be needed to apply for an individual VPA permit are listed below and are available electronically on the Virginia Legislative Information System(LIS) website.  The forms and instructions are divided into three groups based on the regulation with which they are associated and where they can be found on the LIS website for download.  If you are unable to download the forms you need, please contact the nearest DEQ Regional Office for assistance.

Forms associated with the VPA Permit Regulation (9VAC25-32):

  •  Instructions for VPA Individual Permit Application 
  •  VPA Individual Permit Application Form A (all applicants)
  •  VPA Individual Permit Application Form B (animal waste)
  •  VPA Individual Permit Application Form C (industrial waste - Wastewater and Residuals)
  •  VPA Individual Permit Application Form D (municipal waste - Wastewater and Residuals, complete the sections that apply to the proposed activities)  
    • Form D - Cover Page 
    • Form D - Part I, Land Application of Municipal Effluent 
    • Form D - Part II, Land Application of Biosolids
    • Form D - Part III, Effluent Characterization
    • Form D - Part IV, Biosolids Characterization (required for sources of residuals that are not currently approved by DEQ for land application - see Biosolids Sources below.)
    • Form D - Part V, NonHazardous Waste Declaration (needed for each residual proposed for land application)
    • Form D - Part VI, Landowner Agreement, Biosolids and Industrial Residuals (including instructions; needed for all landowners of each proposed land application site)
    • Liability Requirements for Transport, Storage and Land Application of Biosolids
      • Form I - Insurance Liability Endorsement
      • Form II - Certificate of Liability Insurance
      • Form III - Corporate Letter
      • Form IV - Corporate Guarantee
      • Form V - Letter of Credit
      • Form VI - Trust Agreement
      • Form VII - Local Government Financial Test
      • Form VIII - Local Government Guarantee

Forms associated with Fees for Permits and Certificate (9VAC25-20):

  • DEQ Water Division Permit Application Fee Form

The Permit Application Fee Form must be submitted for any VPA permit application requiring a fee.  See Fees for more information.

Forms associated with the Water Reclamation and Reuse Regulation (9VAC25-740):

  • Water Reclamaton and Reuse Addendum to an Application for a VPDES Permit or a VPA Permit
  • Water Reclamation and Reuse Variance Request
  • Application for Reclaimed Water Hauling Operations
  • Application for Emergency Authorization to Produce, Distribute or Reuse Reclaimed Water

More information regarding permitting requirements for water reclamation and reuse can be found at the DEQ Water Reclamation and Reuse webpage.

Additional Informatoin Related to VPA Permits for Biosolids Land Application

Request for Extended Setback - In accordance with 9VAC25-32-560.B.3.e.(1) people living in the vicinity of a biosolids land application site may obtain an extended setback from the land application area, with a written request from their physician on the Extended Setback Request Form

Biosolids Sources - In accordance with 9VAC25-32-305.D., only biosolids  from a source that has been approved by the board may be included in a permit authorizing the land application of biosolids,  Check on the status of biosolids or other residuals sources here: Sources of Biosolids, Industrial Sludges and WTP Residuals.

Become a Certified Land Applicatior -  See the Biosolids Land Appliers & Local Monitors webpage for details, class schedules and regidtration form.

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Virginia Department of
Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000


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