CHAPTER 702

An Act to amend and reenact §§ 62-11, 62-28 and 62-83 of the Code of
Virginia, all relating to the State Water Control Board, so as to pro-
vide: that sewage from facilities serving five hundred persons shall
be deemed to be pollution; that unsatisfactory progress toward com-
pliance with any special order of the Board shall entitle the Board
to take certain other action; that the Board may recover the value
of fish killed by pollution; that funds thus recovered be appropriated
for replacement of such fish by the Commissioner of Game and Inland
Fisheries; that the court may require the issuance of bonds or calling
of a referendum in certain cases.

[H 812]

Approved April 7, 1952

Be it enacted by the General Assembly of Virginia:

1. That §§ 62-11, 62-23 and 62-33 of the Code of Virginia be amended
and reenacted as follows:

62-11. Unless a different meaning is required by the context of
the following terms as used in this chapter shall have the meanings herein-
after respectively ascribed to them:

(1) “Board” means the State Water Control Board, in this chapter
sometimes called the Board;

(2) “Member” means a member of the-Board;

(3) “Certificate” means any certificate issued by the Board;

(4) “State waters’? means all waters of any river, stream, creek,
branch, lake, impounding reservoir, pond, bay, roadstead, estuary, inlet,
spring, well, and bodies of surface and underground water, natural or
artificial, wholly or partially within or bordering the State or within its
jurisdiction ;

(5) “Owner” means the State, a county, sanitary district, municipal-
ity, public or private institution, corporation, association, firm or com-
pany organized or existing under the laws of this or any other state or
country, person or individual or group of persons or individuals, acting
individually or as a group;

(6) “Pollution” means the discharge or deposit of sewage, industrial
wastes, or other wastes, in such condition, manner, or quantity, as may
cause waters of the State to be contaminated, unclean, or impure to such
an extent as to make such waters directly or indirectly detrimental to the
public health or to the health of animals, fish, or aquatic life; unsuitable
with reasonable treatment for use as present or possible future sources
of public water supply; or unsuitable for recreational, commercial, indus-
trial, agricultural, or other reasonable uses; provided that the discharge or
deposit of sewage, industrial waste or other waste by any owner which
from such owner alone would cause no pollution yet, in the aggregate of all
such discharge or deposit by other owners in any State waters, causes
the same to be polluted is “pollution” for the terms and purposes of this
aw;

(7) “Sewage” means the water-carried human wastes from resi-
dences, buildings, industrial establishments or other places together with
such industrial wastes, underground, surface, storm, or other water, as
may be present; and the discharge by any owner of untreated sewage
from facilities serving five hundred persons or more shall be prima facie
evidence of pollution.

(8) “Industrial wastes” means liquid or other wastes resulting from
any process of industry, manufacture, trade or business, or from the
development of any natural resource;

(9) “Other wastes” means decayed wood, sawdust, shavings, bark,
lime, garbage, refuse, ashes, offal, tar, oil, chemicals, and all other sub-
stances, except industrial wastes and sewage, which may cause pollution
of any State waters;

(10) “Establishment” means any industrial establishment, mill, fac-
tory, tannery, paper or pulp mill, mine, coal mine, colliery, breaker or
coal processing operations, quarry, oil refinery, boat, vessel, and each and
every other industry or plant or works in the operation of which indus-
trial wastes or other wastes are produced;

(11) “Sewerage system” means pipe lines or conduits, pumping sta-
tions, and force mains, and all other constructions, devices, and appliances
appurtenant thereto, used for conducting sewage or industrial wastes or
other wastes to a point of ultimate disposal;

(12) “The law” or “this law’’ means the law contained in this chapter
as now existing or hereafter amended.

§ 62-23. It shall be the duty of the Board and it shall have the
authority :

(1) To exercise general supervision over the administration and
enforcement of this chapter, and all rules, regulations and specified orders
promulgated thereunder.

(2) To study and investigate all problems concerned with the pollu-
tion of State waters and its prevention, abatement, and control and to
make reports and recommendations thereon.

(3) To establish such standards of quality for any waters in relation
to the reasonable and necessary use thereof as it deems to be in public
interest, and such general policies relating to existing or proposed future
pollution as it deems necessary to accomplish the purposes of this chapter,
to modify, amend or cancel any such standards or policies established and
to take all appropriate steps to prevent pollution contrary to the public
interest or to standards and policies thus established.

(4) To conduct scientific experiments, investigations and research to
discover economical and practical methods for preventing pollution. To
this end the Board may cooperate with any public or private agency in the
conduct of such experiments, investigations and research and may receive
in behalf of the State any moneys which any such agency may contribute
as its share of the cost under any such cooperative agreement. Provided,
that such moneys shall be used only for the purposes for which they are
contributed and any balance remaining after the conclusion of the experi-
ments, investigations and research, shall be returned to the contributors.

(5) To issue certificates for the discharge of sewage, industrial
wastes and other wastes into or adjacent to State waters, and to prescribe
conditions with respect to same, and to revoke or amend such certificates,
such revocation or amendment to be made for good cause and after proper
hearing, with at least thirty days’ notice to the owner of the time, place
and purpose thereof.

To make investigations and inspections, to insure compliance
with any rules or regulations or any special orders, which it may adopt
or issue, and to furnish advice, recommendations, or instructions for the
purpose of obtaining such compliance.

(7) To adopt rules and regulations governing the procedure of the
Board with respect to: (a) hearing; (b) the filing of reports; (c) the
issuance of certificates and special orders; and (d) all other matters relat-
ing to procedure; and to amend or cancel any rule or regulation adopted.
Public notice of every rule and regulation adopted under this section shall
be by such means as the Board may prescribe.

(8) To issue a special order or orders directing any particular owner
or owners to secure within the time specified therein, such operating
results as are reasonable and practicable of attainment toward the con-
trol, abatement, and prevention of pollution of State waters. * The Board
may, as a part of such special order, require the owner to submit progress
reports, not oftener than once a month, setting forth the steps taken
toward the attainment of the operating results required of it. If at any
time after any such special order has become final the Board ascertains,
through progress reports or otherwise, that progress toward the attain-
ment of the results required is unsatisfactory the Board may further
direct the owner to build or install and use, within a reasonable specified
time such designated sewerage system, treatment plant structures, devices
or Means as are practicable, reasonable and available, for controlling, abat-
ing and preventing the pollution of State waters, through sewage, indus-
trial waste or other waste and to modify, amend, or cancel any such
special order or orders. Such orders to be entered only after proper hear-
ing with at least thirty days’ notice to the owner of the time, place and
purpose thereof. No special order shall become effective in less than fifteen
days after same has been served on the owner or owners affected * as
provided in § 62-20.

In directing any owner to build or install and use any designated
sewerage system, treatment plant structures, devices or means the Board
may require the owner to submit reports of progress not oftener than
once each month. If, at any time after such order has become final, it
appears to the Board that unsatisfactory progress 1s being made toward
complying with its order, the Board may proceed as provided in § 62-33.

(9) To investigate any large scale killing of fish believed or known
to have resulted from pollution.

Whenever the Board shall determine that any owner, whether or not
he shall have been issued a certificate for discharge of waste, has wilfully
or negligently discharged sewage, industrial waste, or other waste into
State waters in such quantity, concentration or manner that fish are killed
as a result thereof 1t may effect such settlement with the owner as it deems
proper and if no such settlement is reached within a reasonable time the
Board may authorize its executive secretary to bring a civil action in the
name of the Board to recover from the owner the replacement value of the
fish destroyed by such discharge.

If the owner be a political subdivision of the State the action may be
brought in any circuit or corporation court within the territory embraced
by such political subdivision. If the owner be an establishment, as defined
in this chapter, the action shall be brought in the circuit or corporation
court of the city or the circuit court of the county in which such estab-
lishment is located. If the owner be an individual or group of individuals
the action shall be brought in the circuit or corporation court of the city
or circuit court of the county in which such person or any of them reside.

For the purposes of this subsection the State Water Control Board
shall be deemed the owner of the fish killed and the proceedings shall be
as though the State Water Control Board were the owner of the fish. The
fact that the owner has or held a certificate issued under this chapter
shall not be raised as a defense in bar to any such action.

' The proceeds of any recovery had under this subsection shall, when
received by the Board, be paid to the Commissioner of Game and Inland
Fisheries to be used only to replace, insofar and as promptly as possible,
the fish killed with game fish which in the opinion of the Commtssioner
of Game and Inland Fisheries are suitable for such waters. Any such
funds received are hereby appropriated for that purpose.

Nothing in this subsection shall be construed in any way to limit or
prevent any other action which is now authorized by law by the Board
against any owner.

§ 62-33. Any owner violating or failing, neglecting or refusing to
obey any rule, regulation or order or requirement of the Board may be
compelled to obey same and to comply therewith by injunction, mandamus
or other appropriate remedy.