Virginia Register Of Regulations Vol. 3 Iss. 5
OF REGULATIONS'j!l,,::1December 8, 1986I' ''I I'.I''.I,,'
INFORMATION ABOUT THE VIRGINIA REGISTER OF REGULATIONSVIRGINIA REGISTERThe Virginia Register is an official state publicationissued every other week throughout the year. Indexes arepublished quarterly, and the last index of the year iscumulative.The Virginia Register has several functions. The full textof all regulations, both as proposed and as finally adoptedor changed by amendment are required by law to bepublished in the Virginia Register of Regulations.In addition, the Virginia Register is a source of otherinformation about state government, including allEmergency Regulations issued by the Governor, andExecutive Orders, the Virginia Tax Bulletin issued monthlyby the Department of Taxation, and notices of all publichearings and open meetings of state agencies.ADOPTION, AMENDMENT, AND REPEALOF REGULATIONSEMERGENCY REGULATIONSAn agency wishing to adopt, amend, or repealregulations must first publish in the Virginia Register anotice of proposed action; a basis, purpose, impact andsummarystatement;anoticegivingthepublicA regulation becomes effective at the conclusion of thisthirty-day final adoption period, or at any other later datespecified by the promulgating agency, unless (i) alegislative objection has been filed, in which event theregulation, unless withdrawn, becomes effective on thedate specified, which shall be after the expiration of thetwenty·one day extension period; or (ii) the Governorexercises his authority to suspend the regulatory processfor solicitation of additional public comment, in whichevent the regulation, unless withdrawn, becomes effectiveon the date specified which date shall be after theexpiration of the period for which the Governor hassuspended the regulatory process.Proposed action on regulations may be withdrawn by thepromulgating agency at any time before final action istaken.anopportunity to comment on the proposal, and the text ofthe proposed regulations.Under the provisions of the Administrative Process Act,the Registrar has the right to publish a summary, ratherthan the full text, of a regulation which is considered tobe too lengthy. in such case, the full text of the regulationwill be available for public inspection at the office of theRegistrar and at the office of the promulgating agency.Following publication of the proposal in the VirginiaRegister, sixty days must elapse before the agency maytake action on the proposal.During this time, the Governor and the GeneralAssembly will review the proposed regulations. TheGovernor will transmit his comments on the regulations tothe Registrar and the agency and such comments will bepublished in the Virginia Register.Upon receipt of the Governor's comment on a proposedregulation, the agency (i) may adopt the proposedregulation, if the Governor has no objection to theregulation; (ii) may modify and adopt the proposedregulation after considering and incorporating theGovernor's suggestions, or (iii) may adopt the regulationwithout changes despite the Governor's recommendationsfor change.The appropriate standing committee of each branch ofthe General Assembly may meet during the promulgationor final adoption process and file an objection with theVirginia Registrar and the promulgating agency. Theobjection will be published in the Virginia Register. WithintwentyMone days after receipt by the agency of alegislative objection, the agency shall file a response withthe Registrar, the objecting legislative Committee, and theGovernorWhen final action is taken, the promulgating agencymust again publish the text of the regulation, as adopted,highlighting and explaining any substantial changes in thefinal regulation. A thirty-day final adoption period willcommence upon publication in the Virginia Register.The Governor will review the final regulation during thistime and if he objects, forward his objection to theRegistrar and the agency. His objection will be publishedin the Virginia Register. If the Governor finds thatchanges made to the proposed regulation are substantial,he may suspend the regulatory process for thirty days andrequire the agency to solicit additional public comment onthe substantial changes.If an agency determines that an emergency situationexists, it then requests the Governor to issue anemergency regulation. The emergency regulation becomesoperative upon its adoption and filing with the Registrar ofRegulations, unless a later date is specified. Emergencyregulations are limited in time and cannot exceed atwelve-months duration. The emergency regulations will bepublished as quickly as possible in the Virginia Register.During the time the emergency status is in effect, theagency may proceed with the adoption of permanentregulations through the usual procedures (See "Adoption,Amendment, and Repeal of Regulations," above). If theagency does not choose to adopt the regulations, theemergency status ends when the prescribed time limitexpires.STATEMENTThe foregoing constitutes a generalized statement of theprocedures to be followed. For specific statutory language,it is suggested that Article 2 of Chapter 1.1:1 (§§ 9·6.14:6through 9·6.14:9) of the Code of Virginia be examinedcarefully.CITATION TO THE VIRGINIA REGISTERThe Virginia Register is cited by volume, issue, pagenumber, and date. 1:3 VA.R. 75·77 November 12, 1984refers to Volume I, Issue 3, pages 75 through 77 of theVirginia Register issued on November 12, 1984."The Virginia Register of Regulations" is published bi-weekly, exceptfour times in January, April, July and October for 85 per year by theVirginia Code Commission, General Assembly Building, capitol Square,Richmond, Virginia 23219. Telephone (804) 786-3591. Application to Mail atSecond·Class Postage Rates is Pending at Richmond, Virginia.POSTMASTER: Send address changes to the Virginia Register ofRegulations, P.O. Box 3-AG, Richmond, Virginia 23208.The Virginia Register of Regulations is published pursuant to Article 7 ofChapter l.l:l (§ 9-6.14:2 et seq.) of tb.e Code of Virginia. Individual copiesare available tor 4 each from the Registrar of Regulations.Members Q! the Virginia Code Commission: Theodore V. Morrison, Jr.,Chairman, Delegate; Dudley J. Emick, Jr., Vice Chairman, Senator, A. L.Philpott, Speaker of the House of Delegates; James P. Jones, Senator;Russell M. Carneal, Circuit Judge; John Wingo Knowles, Retired CircuitJudge; H. Lane Kneedler, Cbiet Deputy Attorney General; Jobn A. Banks,Jr., Secretary, Director of the DIVision of Legislative Services.Staff Q! the ViOOnia Register: Joan W. Sm!th, Registrar of Regulations;Ann M. Brown, Deputy Registrar of Regulations.
VIRGINIA REGISTER OF REGULATIONSPUBLICATION DEADLINES AND SCHEDULESMATERIAL SUBMITTED BY12 noon WednesdayPUBLICATION DATE1821630132710July7July 21Aug.4Aug. 18Sept. 1Sept. 15Sept. 29Final Index - Volume IIJulyJulyJulyAug.Aug.Sept.Oct.Oct.Nov.132710Sept. 24Oct.8Oct. 22Nov.Dec.Dec.24822Nov.JuneNov.Dec.5193Index - 1st Issue, Volume uneJune519Dec.Dec.218Jan.Jan.Feb.Feb.218Index- 2nd Sept.1529122693rd IssueJuly8July 20sAus.Aug. 17Aug. 31Sept. 14Sept. 28Final Index Volume III1
TABLE OF CONTENTSSewagePROPOSED REGULATIONSCOMMISSION OF GAME AND INLANDFISHERIESDEPARTMENT OF HEAI.TH(BOARD OF)In General. (VR 325-01-1) .466Fishing Generally. (VR 325-03-1) .466Trout Fishing. (VR -34-02) . .457BOARD OF OPTOMETRYVIRGINIA MARINE RESOURCES COMMISSIONRegulations of the Virginia Board of Optometry. (VR510·01-1) (Withdrawn) .Pertaining to the Culling of Oysters. (VR450-01-0035) .457DEPARTMENT OF SOCIAL SERVICES(BOARD OF)DEPARTMENT OF MINES, MINERALS ANDENERGYState Income Tax Intercept for Child Support. (VR615-70-1) ··Coal Surface Mining Reclamation Regulations. (VR480-03-19) .457VIRGINIA BOARD OF FUNERAL DIRECTORSAND EMBALMERS458Regulations Governing the Practice of FuneralServices in the Commonwealth. (VR 320·01-1) .FINAL REGULATIONSVIRGINIA DEPARTMENT OF AGRICULTUREAND CONSUMER SERVICESRules and Regulations for Enforcement of theVirginia Pest Law - Virginia Gypsy Moth Quarantine.(VR 115-04-02) .471GENERAL NOTICES/ERRATANOTICES OF INTENDED REGULATORY ACTION459Rules and Regulations Pertaining to Carbonated andStill Water Bottling Plants and Beverages. (VR115-05-06) 461Rules and Regulations Pertaining to Tolerances andProhibitions Applicable to Sausage. (VR 115-05-07) .463Rules and Regulations Pertaining to Labeling andSale of Infant Formula. (VR 115-08) .463Rules and Regulations Pertaining to Tolerances andProhibitions Applicable to Ground Beef. (VR115-05-12) 469EMERGENCY REGULATIONBOARD OF VETERINARY MEDICINERegulations Governing the Practice of VeterinaryMedicine (VR 645-01-1) (Withdrawn) .468Notices of Intent .474NOTICE TO STATE AGENCIESForms for filing material on date for publication inthe Virginia Register of Regulations .477ERRATAState Air Pollution Control BoardRegulations for the Control and Abatement of AirPollution. (VR 120-01) .464478Monday, December 8, 1986Vol. 3, Issue 5455
Table of ContentsCALENDAR OF EVENTSEXECUTIVEOpen Meetings and Public Hearings .479LEGISLATIVEOpen Meetings and Public· Hearings .491CHRONOLOGICAL LISTOpen Meetings .Public Hearings .492493Virginia Register of Regulations456
PROPOSED REGULATIONSFor information concerning Proposed Regulations, see information page.Symbol KeyRoman type indicates existing text of regulations. Italic type indicates proposed new text. Language which basbeen stricken indicates proposed text for deletion.DEPARTMENT OF HEALTH (BOARD OF)The amendments describe lime stabilization asprocess by which septage may be handled priorlandfilling or land spreading. The land spreadingunstabilized septage via shallow injection plowingdescribed in the proposed amendments.Title Q1 Regulation: VR 355-34-02. Sewage Handling andDisposal Regulations.Statutory Authority: §§ 32.164 B and 32.1-164.2 through32. H 64.4 of the Code of Virginia.The State Department of Health in order to implement§ 32.1-164.4 as amended in 1986: Land Disposal ofSeptage in Counties, bas proposed the amendments.The purpose of the proposed changes is to protect thepublic health by regulating how septage may bedisposed of through land application.Public Hearing fis9, 1987 - 7 p.m.I 0, 1987 - 7 p.m.12, 1987 - 7 p.m.17, 1986 - 7 p.m.18, 1987 - 7 p.m.(See Calendar of Events sectionfor additional information)BOARD OF OPTOMETRYREGISTRAR'S NOTICE: Due to Us lengtb, the proposedSewage Handling and Disposal Regulations filed by theState Department of Health is not being published.However, in accordance with § 9-6.14:22 of the Code ofTitle Q1 Regulation: VR 510·01-1. Regulations ol theVirginia Board of Optometry.Publication: VA.R., 2:9, pp. 960-964, February 3, 1986Virginia, the summary is being published in lieu of thefull text. The full text of the regulations is available forpublic inspectionRegulationsandatatthetheofficeof theDepartmentofRegistrar ofHealth.Theproposed amendments published (summary only) inVolume 2, Issue 3 of the Virginia Register Qf Regulationsare being withdrawn and are being reproposed.The regulations previously published in the VirginiaRegister Qf Regulations are being withdrawn. The boardhas replaced the regulations, published last winter, with anew body of regulations. Therefore the process ofpromulgating the first set of regulations has permanentlyceased.Summary:The Department of Health proposes toSewage Handling and Disposal Regulationsadditional options by which septage mayand disposed. The proposed amendmentschange in format, organization, and style,by the Virginia Registrar.amend theby allowingbe handledrepresent aas requiredDEPARTMENT OF SOCIAL SERVICES (BOARD OF)Title Q! Regulation: VR 615-70-l.Intercept lor Child Support.StateIncome TaxStatutory Authority: § 63.1·25 of !be Code of Virginia.Public Hearing Date: N I ACurrent regulations require septage handlers to bepermitted to handle septage and before permitting,they must demonstrate that they have an approvedsite for disposal of septage. Septage disposal sitescurrently approved include the use of sewagetreatment plants and anaerobic lagoons. There aresituations where the above options are not availableand the proposed amendments were developed toallow other methods by which septage may bedisposed.(See calendar of Events sectionfor additional information)Summa a:Under the provisions of Artide 21 (§ 58.1-520 et seq.)of Chapter 3 of Title 58.1 (Setoff Debt Collection Act)of the Code of Virginia, tbe Department of SocialServices may intercept state income tax refunds topay back a debt owed to the Commonwealth. Thedepartment, under the authority of 45 CFR 303.102,chooses to satisfy the arrearage owed to the custodialparent first prior to satisfying a debt owed to theCommonwealth. (This can happen when the individualhas previously received public assistance and makesThe preferred methods for septage disposal aredisposal in an approved sewage treatment facility orstabilization and subsequent disposal by landapplication or landfilling. Unstabilized septage may beapplied directly to land only under certain conditions.Monday, December 8, 1986Vol. 3, Issue 5457
Proposed Regulationsapplication for support enforcement services.)VR 615-70-1. State Income Tax Intercept for Child Support.§ 1. Definitions.The following words and terms, when used in thisregulation, shall have the following meaning, unless thecontext clearly indicates otherwise.''Arrearage" means money owed for past due support."Debt" means the total unpaid support obligation owedto the Commonwealth for public assistance ces."Setoff Debt Collection Act Process" means proceduresestablished for applying state tax refunds toward anydelinquent debt owed to the Commonwealth.§ 2. Setoff debt collection.Money the department receives through the Setoff DebtCollection Act process, Arllcle 21 (§ 58.1-520 et seq.) ofChapter 3 of Title 58.1 of the Code of Virginia, foroverdue support payments, shall satisfy a EleBt ewe ! I& theCemmeBweal!ll jlll9lie assislaBee paM befere salis lngany etllef eHeaFage ewetl arrearage owed to the custodialparent before satisfying any oiber debt owed to theCommonwealth for public assistance paid .BOARD OF VETERINARY MEDICINETitle Q! Regulation: VR 645-01-1. Regulations Governingthe Practice of Veterinary Medicine.Publication: VA.R., 2:9, pp. 964-972, February 3, 1986The regulations previously published in the VirginiaRegister Q! Regulations are being withdrawn. The boardhas replaced the regulations, published last winter, with anew body of regulations. Therefore the process ofpromulgating the first set of regulations has permanentlyceased.Virginia Register of Regulations458
FINAL REGULATIONSFor information concerning Final Regulations, see information page.Symbol KeyRoman type indicates existing text of regulations. Italic type indicates new text. Language which has been strickeindicates text to be deleted. [Bracketed language] indicates a substantial change from the proposed text of theregulations.DEPARTMENT OF AGRICULTURE AND CONSUMERSERVICESAshland, Charlottesville, Fredericksburg, Hampton,Harrisonburg, Newport News, Norfolk, Poquoson,Waynesboro, as well as the northern l/4 of VirginiaBeach are included. Effective January I, 1987, § 3 isamended as follows:Title Qi Regulation: VR 115·04·02. Rules and Regulationsfor Enforcement of the Virginia Pest Law - VirginiaGypsy Moth Quarantine.Statutory Authority: §§ 3.1-188.23 and 3.1-188.24 of the CodeVR 115-04-02. Rules and Regulations for Enforcement ofthe Virginia Pest Law - Virginia Gypsy Moth Quarantine.of Vlrginia.§ I. Definitions.Effective Date: January I, 1987NOTICE FROM THE REGISTRAR OF REGULATIONS Thechanges in the Virginia Gypsy Moth Quarantine RegulatedAreas has been issued by the Commissioner of Agricultureand Consumer Services pursuant to the authority grantedunder § 3.1-188.23 of !be Code of Virginia. The changes inthe regulated areas become effective January 1, 1987.Section 9-6.14:4.1 of the Code of Virginia provides !batcertain actions taken by an agency are not subject to thepublic participation requirements of the AdministrativeProcess Act. Therefore, the amended regulated areas wereestablished without the public procedures prescribed in theAdministrative Process Act. The regulated areas will be onthe agenda of the next State Board of Agriculture andConsumer Services meeting scheduled for December 11,1986. The Board will receive written comments on theextension of quarantine through December 10 and willreceive oral presentations at the scheduled meeting. TheBoard of Agriculture and Consumer Services will receive,consider and respond to petitions by any interestedpersons at any time with respect to reconsideration orrevision of this amended regulation.The following words and terms, when used in theseregulations, shall have the following meaning, unless thecontext clearly indicates otherwise:"Associated equipment" means articles associated withmobile homes and recreational vehicles such as, but notlimited to : awnings, tents, outdoor furniture, trailer blocks,LP gas containers, and trailer skirts."Compliance agreement" means a written agreementbetween a person engaged in growing, handling, or movingregulated articles, and the VDACS, U.S. Department ofAgriculture (USDA), or both, wherein the former agrees tocomply with the requirements of the complianceagreement."Gypsy moth" means the insect "Lymantria dispar"(Linnaeus) in any living stage."Hazardous recreational vehicle site" means any sitewhere a recreational vehicle is, or may be parked, whichis determined by an inspector to harbor populations ofgypsy motb that could be spread by movement ofrecreational vehicles or associated equipment.Summarv:"Inspector" means any employee of the VirginiaDepartment of Agriculture and Consumer Services, orother person authorized by the commissioner to enforcethe provisions of the quarantine and regulations.By the authority under § 3.1-188.23 of the Code ofVirginia the Commissioner of the Virginia Departmentof Agriculture and Consumer Services hereby extendsthe regulated areas under the Virginia Gypsy MothQuarantine due to the detection of larvae and otherlife stages and the past history of the gypsy moth inareas not currently under regulation. The changesfrom the current regulated areas include all ofCaroline, Gloucester, Goochland, Greene, Hanover,Henrico, King George, Lancaster, Louisa, Mathews,Middlesex, Northampton, Northumberland, Orange,Richmond, Rockingham, Spotsylvania, Westmorelandand York Counties as well as the southern 4/5 ofAccomack County, the northern 112 of AlbemarleCounty, the northeastern 1/4 of Augusta County, thesouthern 2/3 of Madison County, and the
The Virginia Register is cited by volume, issue, page number, and date. 1:3 VA.R. 75·77 November 12, 1984 refers to Volume I, Issue 3, pages 75 through 77 of the Virginia Register issued on November 12, 1984. "The Virginia Register of Regulations" is published bi-weekly, except
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Akenson, Donald Harman Vol 8: 10 Alan, Radous, at Agincourt Vol 12: 1 Albert, King Vol 7: 45, 47 Albert, Prince Vol 12: 17; Vol 14: 1 Alden, John Vol 5: 34; Vol 9: 18 Alexander III Vol 13: 24 Aleyn, John, at Agincourt Vol 12: 1 Allen, Pat Vol 10: 44 Alling Vol 4: 26 Amore, Shirley Vol 12: 3 Anderson, Robert Vol 10: 46 Anderson, Virginia DeJohn .
Code of Virginia be examined carefully. CITATION TO THE VIRGINIA REGISTER The Virginia Register is cited by volume, issue, page number, and date. 12:8 VA.R. 1096-1106 January 8, 1996, refers to Volume 12, Issue 8, pages 1096 through 1106 of the Virginia Register issued on January 8, 1996. "THE
REGISTER OF REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 25, ISSUE 2, SUNDAY, AUGUST 1, 2021 113 The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed,
The Virginia Register is cited by volume, issue, page number, and date. 1:3 '· VA.R. 75-77 November 12, 1984 refers to Volume 1, Issue 3, pages 75 through 77 of the Virginia Register issued on November 12, 1984. !ka!l.l! 2! Ruulatlou. Published bl·week1y, with an Index
VIRGINIA REGISTER The Virginia Register is an official state publication issued every other week throughout the year. Indexes are published . ENERGY (DIRECTOR OF THE DIVISION OF MINERAL MINING) Safety and Health Regulation for Mineral Mining. (VR 480-05·1.2) . 2701 COMMISSION ON VIR
Virginia Agriculture in the Classroom Virginia Association of Science Teachers Virginia Junior Academy of Science Virginia Master Naturalist Program (Virginia Cooperative Extension/Virginia Tech) WHRO Public Media Vernier Software & Technology Virginia Transportation
Astrology People believed that astrology (the alignment of the stars and planets) also had an influence on disease. During diagnosis, physicians would consider star charts, when a patient was born, and when they fell ill. The Church traditionally disliked the use of astrology, but began to accept it more after the
