The short title of this chapter is the State Water Control Law. It is the policy of the Commonwealth of Virginia and the purpose of this law to: (1) protect existing high quality state waters and restore all other state waters to such condition of quality that any such waters will permit all reasonable public uses and will support the propagation and growth of all aquatic life, including game fish, which might reasonably be expected to inhabit them; (2) safeguard the clean waters of the Commonwealth from pollution; (3) prevent any increase in pollution; (4) reduce existing pollution; (5) promote and encourage the reclamation and reuse of wastewater in a manner protective of the environment and public health; and (6) promote water resource conservation, management and distribution, and encourage water consumption reduction in order to provide for the health, safety, and welfare of the present and future citizens of the Commonwealth.
Code 1950, § 62.1-14; 1968, c. 659; 1970, c. 638; 1978, c. 827; 2000, c. 972.
Notes of Decisions
Env't Def. Fund, Inc. v. Virginia State Water Control Bd., 422 S.E.2d 608 (Va. Ct. App. 1992).
· cites it 12× “THE RECORD Code § 62.1-44.2 expresses “the policy of the Commonwealth of Virginia” and the “purpose” of the State Water Control Law 1 to: (1) protect existing high quality state waters and restore all other state waters to such condition of quality that any such waters will…”
Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Found., Inc., 484 U.S. 49 (1987).
· cites it 2× “Va. Code § 62.1-44.2 et seq. (1950). In 1974, the Board issued a NPDES permit to ITT-Gwaltney authorizing the discharge of seven pollutants from the company's meatpacking plant on the Pagan River in Smithfield, Virginia.”
Philip Morris USA v. Chesaoeaje Bay, 643 S.E.2d 219 (Va. 2007).
· cites it 4× “Code §§ 62.1-44.2 through 62.1-44.34:28. The Chesapeake Bay Foundation (the Foundation), a non-profit corporation registered with the Virginia State Corporation Commission and dedicated to protecting the Chesapeake Bay and its tributaries, participated in the public comment…”
All. v. Com., Dept. of Environ. Quality, 621 S.E.2d 78 (Va. 2005).
· cites it 2× “, requiring us to consider whether the Board violated any of its statutory mandates under the State Water Control Law (Water Control Law), Code § 62.1-44.2 et seq., by issuing the permit to the City.”
Comm. Ex Rel. State Water Control Bd. v. Cnty. Utils. Corp., 12 Envtl. L. Rep. (Envtl. Law Inst.) 20892 (Va. 1982).
· cites it 4× “The “basic law under which the agency acted” was the State Water Control Law, Code §62.1-44.2, et seq. This contains a detailed procedural scheme for judicial review of actions by the Board, set forth primarily at §62.”
7-Eleven, Inc. v. Dep't of Env't Quality, 590 S.E.2d 84 (Va. Ct. App. 2003).
· cites it 4× “Code § 62.1-44.2. "Monies held in the Tank Fund originate from expenses and penalties recovered pursuant to various provisions of state and federal law, fees levied on fuel sold, delivered and used in the Commonwealth, and interest earned on monies in the Fund.”
Mattaponi Indian Tribe v. Commonwealth, 601 S.E.2d 667 (Va. Ct. App. 2004).
· cites it 2× “In 1993, Newport News, as the lead municipality for the Study Group, applied for a state permit under the State *697 Water Control Law, Code § 62.1-44.2 et seq. and a federal permit under the Clean Water Act, 33 U.”
State Water Control Bd. v. Smithfield Foods, Inc., 542 S.E.2d 766 (Va. 2001).
· cites it 2× “Virginia’s State Water Control Law, Code §§ 62.1-44.2 to -44.34:28, prohibits the discharge of any pollutants into Virginia’s waters unless in compliance with a Virginia Pollutant Discharge Elimination System (VPDES) Permit.”
State Water Control Bd. v. Crutchfield, 578 S.E.2d 762 (Va. 2003).
· cites it 2× “15(5) of the State Water Control Law, Code §§ 62.1-44.2 through -44.34:28, granted Hanover County a Virginia Pollution Discharge Elimination System Permit (the permit).”
— Va. Code Ann. § 62.1-44.2(1) — 1 case
— Va. Code Ann. § 62.1-44.2(4) — 1 case
Env't Def. Fund, Inc. v. Virginia State Water Control Bd., 422 S.E.2d 608 (Va. Ct. App. 1992).
“THE RECORD Code § 62.1-44.2 expresses “the policy of the Commonwealth of Virginia” and the “purpose” of the State Water Control Law 1 to: (1) protect existing high quality state waters and restore all other state waters to such condition of quality that any such waters will…”
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