4 Va. Admin. Code § 50-70-60 - Revisions to a resource management plan
A. Upon notification of the review authority
by an owner or operator of a change in owner or operator of the management unit
with a signed RMP, in accordance with
4VAC50-70-50 C 2 e, where it
involves the complete transfer of one or more RMPs and any Certificate or
Certificates of RMP Implementation previously issued by the department for such
RMPs:
1. The review authority shall contact
the new owner or operator within 60 days of the new owner or operator assuming
control of the management unit regarding implementation of the RMP and any
necessary revisions.
2. Following
consultation with the review authority, the new owner or operator may elect to:
a. Implement and maintain the provisions of
the existing RMP. The new owner or operator must sign the RMP in accordance
with 4VAC50-70-50 C. If a Certificate of
RMP Implementation has been issued to the prior owner or operator, the
certificate shall be transferred by the department to the new owner or operator
upon notification by the review authority. The transferred certificate shall be
valid for the balance of time remaining since it was originally issued by the
department;
b. Contact the RMP
developer when changes in the operation are planned by the new owner or
operator or are otherwise required by this chapter. The new owner or operator
may request the RMP developer to revise the RMP as necessary to fulfill BMP
requirements pursuant to
4VAC50-70-50 and the administrative
requirements of subsection F of this section; or
c. Choose not to continue implementing the
RMP. If a Certificate of RMP Implementation for the management unit has been
issued, it shall be revoked by the department.
B. Upon notification of the RMP developer by
the owner or operator of the management unit with a signed RMP, in accordance
with 4VAC50-70-50 C, that changes in the
management unit or implementation of the RMP may create needs for revision, the
RMP developer shall review the RMP within 30 days to determine if material
changes to the management unit require a revision of the RMP in accordance with
the following:
1. Material changes to the
management unit that may require a revision of the RMP include:
a. A conversion from one type of agricultural
operation to another;
b. A change
in the schedule and type of BMPs implemented pursuant to
4VAC50-70-50;
c. An increase or decrease in production
acreage that materially impacts the management unit's ability to meet the
minimum standards set out in
4VAC50-70-40;
d. An increase or decrease in livestock
population that materially impacts the management unit's ability to meet the
minimum standards set out in
4VAC50-70-40; or
e. Any other change the RMP developer
identifies that would materially impact the management unit's ability to meet
the minimum standards set out in
4VAC50-70-40.
2. The RMP developer will determine if
revision of the RMP is required. When the RMP developer determines that
revision of the existing RMP is not necessary, the RMP developer shall provide
such determination to the requesting owner or operator in writing. Such
documentation shall be available upon inspection by the review authority. When
the RMP developer determines that revision of the existing RMP is necessary,
the owner or operator may elect to:
a.
Request the RMP developer to revise the RMP as necessary to fulfill RMP
requirements pursuant to
4VAC50-70-50 and the administrative
requirements of subsection F of this section; or
b. Choose not to continue implementing an RMP
whereupon the RMP for the management unit shall no longer be valid. The RMP
developer shall notify the review authority and the department in writing of
this decision by the owner or operator. If a Certificate of RMP Implementation
for the management unit has been issued, it shall be revoked by the
department.
C. When an owner or operator does not hold a
Certificate of RMP Implementation for an RMP that has been approved by the
review authority, revision of the RMP is required when a new or modified
watershed implementation plan is issued for the Chesapeake Bay or a new or
modified local approved TMDL is issued that assigns a load to agricultural
uses. An RMP covering land with waters that drain to such TMDL shall be deemed
sufficient when the RMP has been revised to address the new or modified TMDL
and the owner or operator agrees to implement the revised RMP, except as
provided in subsection D of this section.
D. When an owner or operator holds a
Certificate of RMP Implementation that has not expired, revision of the RMP
specified in subsection C of this section is not required. In this case the
owner or operator may continue operation of the RMP without revision due to a
new or modified watershed implementation plan for the Chesapeake Bay or a new
or modified local approved TMDL for the lifespan of the Certificate of RMP
Implementation so long as the owner or operator is deemed to be fully
implementing the RMP.
E. When an
owner or operator with a revised RMP fulfills all requirements pursuant to this
section and
4VAC50-70-70, and the owner or
operator holds a Certificate of RMP Implementation that has not expired for the
management unit addressed by the revised RMP, the owner or operator may request
that the department revoke the existing Certificate of RMP Implementation and
issue a new Certificate of RMP Implementation. The department shall evaluate
and respond to all requests. Upon verification that all requirements have been
satisfied, the department shall issue a new Certificate of RMP Implementation
in a timely manner and ensure that no owner or operator is found out of
compliance with any requirements of this chapter due to any delays in the
department's issuance of a new Certificate of RMP Implementation pursuant to
this subsection even if the original certificate expires during this issuance
time period.
F. Revision of an RMP
by an RMP developer requires:
1. If a
Certificate of RMP Implementation has not been issued, the revised RMP shall be
provided to the review authority and shall be subject to all review
requirements set out in
4VAC50-70-70 and shall be subject
to the requirements for issuance of a Certificate of RMP Implementation
pursuant to
4VAC50-70-80.
2. If a Certificate of RMP Implementation has
been issued by the department and its duration has not expired, such existing
Certificate of RMP Implementation shall remain valid for the balance of time
remaining since it was originally issued by the department or a new Certificate
of RMP Implementation may be issued where appropriate in accordance with
subsection E of this section.
3. An
existing or new owner or operator shall sign a revised RMP pursuant to
4VAC50-70-50 C.
4. When a valid Certificate of RMP
Implementation has been issued by the department for the management unit, the
RMP developer shall provide the review authority and the department with a copy
of a revised RMP within 30 days of completion of the revised plan.
Notes
Statutory Authority: § 10.1-104.8 of the Code of Virginia.
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