Va. Code Ann. § 62.1-44.5

Prohibition of waste discharges or other quality alterations of state waters except as authorized by permit; notification required

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A. Except in compliance with a certificate, land-disturbance approval, or permit issued by the Board or other entity authorized by the Board to issue a certificate, land-disturbance approval, or permit pursuant to this chapter, it shall be unlawful for any person to:

1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances;

2. Excavate in a wetland;

3. Otherwise alter the physical, chemical, or biological properties of state waters and make them detrimental to the public health, or to animal or aquatic life, or to the uses of such waters for domestic or industrial consumption, or for recreation, or for other uses;

4. On and after October 1, 2001, conduct the following activities in a wetland:

a. New activities to cause draining that significantly alters or degrades existing wetland acreage or functions;

b. Filling or dumping;

c. Permanent flooding or impounding; or

d. New activities that cause significant alteration or degradation of existing wetland acreage or functions; or

5. Discharge stormwater into state waters from Municipal Separate Storm Sewer Systems or land disturbing activities.

B. Any person in violation of the provisions of subsection A who discharges or causes or allows (i) a discharge of sewage, industrial waste, other wastes, or any noxious or deleterious substance into or upon state waters or (ii) a discharge that may reasonably be expected to enter state waters shall, upon learning of the discharge, promptly notify, but in no case later than 24 hours the Board, the Director of the Department of Environmental Quality, or the coordinator of emergency services appointed pursuant to § 44-146.19 for the political subdivision reasonably expected to be affected by the discharge. Written notice to the Director of the Department of Environmental Quality shall follow initial notice within the time frame specified by the federal Clean Water Act.

Code 1950, § 62.1-17; 1968, c. 659; 1970, c. 638; 1990, c. 717; 1996, c. 119; 2000, cc. 1032, 1054; 2001, cc. 354, 383; 2004, c. 372; 2013, cc. 756, 793; 2016, cc. 68, 758.

Notes of Decisions

Cited in 14 cases, 1982–2018 · leading case: Commonwealth Ex Rel. Virginia State Water Control Board v. Blue Ridge Environmental Defense League, Inc.

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Commonwealth Ex Rel. Virginia State Water Control Board v. Blue Ridge Environmental Defense League, Inc. (2010) vactapp · cites it 4× “” Code § 62.1-44.5(A)(1). However, both federal and state law include a “waste treatment system” exception which, if applicable, eliminates the need for an additional permit for discharge of pollutants into either “waters of the United States” or “state waters.”

United States v. Newdunn Associates (2002) vaed · cites it 6× “acy relied on the Corps’ assertion of jurisdiction over the Property via the CWA in his attempt to assert jurisdiction to enjoin the excavation of ditches and, (2) Treacy’s proffered evidence was insufficient to establish that Newdunn’s filling and subsequent excavation…”

State Water Control Board v. Smithfield Foods, Inc. (2001) va · cites it 2× “Code § 62.1-44.5. Similarly, the federal Clean Water Act (CWA) requires a National Pollutant Discharge Elimination System (NPDES) Permit in order to discharge pollutants into any navigable waters in the United States.”

Crutchfield v. State Water Control Board (2005) vactapp · cites it 2× “Here, substantial evidence supported the trial court’s ruling that the SWCB issued the permit in accordance with the applicable water control laws and regulations.”

Sierra Club v. Va. Elec. & Power Co. (2018) ca4 “" Va. Code Ann. § 62.1-44.5 . And it administers a program under the RCRA regulating the storage, treatment, and disposal of solid waste through its Waste Management Act, Va.”

307 Campostella, LLC v. Mullane (2015) vaed · cites it 3× “§ 1311 (a) and Va.Code § 62.1-44.5. Compl. ¶¶ 77, 81, 84.”

Virginia Uranium, Inc. v. McAuliffe (2015) vawd · cites it 2× “Code §■ 5-80-1420(A), for discharging “sewage, industrial wastes, other wastes, or any noxious or deleterious substances” into state waters, Va. Code Ann. § 62.1-44.5 (A)(1), and for “storting], providing] treatment for, or disposing] of a hazardous waste,” id.”

Comm. Ex Rel. State Water Control Board v. County Utilities Corp. (1982) va “§62.1-44.5 and §62.1-44.15(5). Sewage treatment is regulated by Article 4 (§62.”

Town of Fries v. State Water Control Board (1991) vactapp · cites it 2× “any person or group of persons acting individually or as a group that owns, operates, charters, rents, or otherwise exercises control over or is responsible for any actual or potential discharge of sewage, industrial wastes, or other wastes to state waters, or any facility or…”

Environmental Defense Fund v. Virginia State Water Control Board (1991) vactapp “3(5), which added the limitation: “that owns, operates, charters, rents, or otherwise exercises control over or is responsible for any actual or potential discharge of sewage, industrial wastes, or other wastes to state waters, or any facility or operation that has the…”

Spicer v. City of Norfolk (1996) vaccnorfolk · cites it 2× “Negligence Per Se (Count V) The plaintiffs contend the defendants’ actions have violated Code of Virginia § 62.1-44.5 .(except as otherwise noted, all statutory references are to the Code of Virginia (1950), as amended), which in pertinent part provides: Except in compliance…”

Commonwealth of Virginia v. Blue Ridge Environmental Defense League, Inc. (2010) vactapp · cites it 6× “§ 1342 (a); Code § 62.1-44.5(A)(1). However, EPA regulations and state regulations include a waste treatment system exception for discharges into water classified as a “waste treatment system,” thus, not requiring a separate discharge permit for discharges of pollutants into…”

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— Va. Code Ann. § 62.1-44.5(A)(1) — 2 cases

Commonwealth Ex Rel. Virginia State Water Control Board v. Blue Ridge Environmental Defense League, Inc. (2010) vactapp “” Code § 62.1-44.5(A)(1). However, both federal and state law include a “waste treatment system” exception which, if applicable, eliminates the need for an additional permit for discharge of pollutants into either “waters of the United States” or “state waters.”

Commonwealth of Virginia v. Blue Ridge Environmental Defense League, Inc. (2010) vactapp “§ 1342 (a); Code § 62.1-44.5(A)(1). However, EPA regulations and state regulations include a waste treatment system exception for discharges into water classified as a “waste treatment system,” thus, not requiring a separate discharge permit for discharges of pollutants into…”

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