MARCH 31, 2007
NOTICE OF FORMAL HEARING
CAPTAIN’S COVE
VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY
Captain’s Cove Utility Company, Inc. has requested a Formal Hearing to appeal the State Water Control Board’s decision to deny issuance of a Virginia Pollutant Discharge Elimination System (VPDES) Permit for the company’s proposed discharge to Swan’s Gut Creek at Captain’s Cove Development Sewage Treatment Plant in Accomack County, Virginia. The Director of the Virginia Department of Environmental Quality has authorized the Formal Hearing and has scheduled it for 9:30 A.M. on Friday, May 4, 2007 at the Department of Environmental Quality’s Tidewater Regional Office at 5636 Southern Boulevard in Virginia Beach, Virginia. Any person who wishes to become a party to the Formal Hearing may petition the Director of DEQ.
HEARING ISSUE: The issue being appealed is denial of issuance of a VPDES Permit by the State Water Control Board under the authority of Title 62.1, Chapter 3.1 of the Virginia Code (State Water Control Law), and in consideration of State Water Control Board Regulation 9 VAC 25-260 (Virginia Water Quality Standards). Water Quality Standards at 9 VAC 25-260-270 require that the Board consider impacts to shellfish use in the issuance of VPDES permits. The permit applicant contends that denial of the permit results in greater environmental harm, that the proposed discharge meets all water quality standards, that the Board failed to properly consider the socio-economic impacts of the application, and that the Board exceeded the authority delegated by State Water Control Law.
PETITION SUBMISSION: Persons wishing to become a party to this Formal Hearing must submit a petition to the contact person below. In accordance with 9 VAC 25-230-140, the petition must contain the following information:
a. The names and addresses of the petitioner, the petitioner's counsel (if any) and all persons for whom the petitioner is acting as a representative;
b. A statement setting forth the interest of the petitioner in the matter;
c. A statement by the petitioner that, should its petition be granted, the petitioner and all persons represented by the petitioner in connection with the hearing will be available, without cost to any other party, to appear at the hearing;
d. A statement setting forth the position of the petitioner with respect to any errors alleged in the petition for hearing; and
e. A statement setting forth any cross- errors alleged in the board's action.
The petition must be received within 15 days of the date of publication of this notice. The decision to grant or deny a request to become a party will be based on the criteria specified in 9 VAC 25-230-140 A.2. The Director will notify each petitioner by mail of his decision. Person’s whose petitions are granted will be given an opportunity to provide testimony at the Formal Hearing.
CONTACT PERSON AND ADDITIONAL INFORMATION: Interested persons may obtain additional information about the Formal Hearing issues and petition requirements by contacting Michael Gregory, DEQ Office of Water Permit Programs, at telephone (804) 698-4065 or email mbgregory@deq.virginia.gov. Petitions should be addressed to Mr. Gregory at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218.
