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State Water Control Law
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Code of Virginia
Waters of the State, Ports and Harbors
State Water Control Law
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Section
62.1-44.2
Short title; purpose
Section
62.1-44.3
(For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Definitions
Section
62.1-44.3
(For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Definitions
Section
62.1-44.3
1. Certified mail; subsequent mail or notices may be sent by regular mail
Section
62.1-44.4
Control by Commonwealth as to water quality
Section
62.1-44.5
(For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Prohibition of waste discharges or other quality alterations of state waters except as authorized by permit; notification required
Section
62.1-44.5
(For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Prohibition of waste discharges or other quality alterations of state waters except as authorized by permit; notification required
Section
62.1-44.6
Chapter supplementary to existing laws
Section
62.1-44.7
Board continued
Section
62.1-44.8
Number, appointment and terms of members
Section
62.1-44.9
Qualifications of members
Section
62.1-44.10
Repealed
Section
62.1-44.11
Meetings
Section
62.1-44.12
Records of proceedings; special orders, standards, policies, rules and regulations
Section
62.1-44.13
Inspections and investigations, etc.
Section
62.1-44.14
Chairman; Executive Director; employment of personnel; supervision; budget preparation
Section
62.1-44.15
(For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Powers and duties; civil penalties
Section
62.1-44.15
(For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Powers and duties; civil penalties
Section
62.1-44.15
01. Further duties of Board; localities particularly affected
Section
62.1-44.15
02. Permits; procedures for public hearings and permits before the Board
Section
62.1-44.15
03. Disposal of fill; notice to locality
Section
62.1-44.15
1. Limitation on power to require construction of sewerage systems or sewage or other waste treatment works; ammonia criteria
Section
62.1-44.15
1.1. Special orders; penalties
Section
62.1-44.15
1.2. Lake level contingency plans
Section
62.1-44.15
2. Extraordinary hardship program
Section
62.1-44.15
3. When application for permit considered complete
Section
62.1-44.15
4. Notification of local governments and property owners
Section
62.1-44.15
4.1. Listing and notice of confirmed oil releases and discharges
Section
62.1-44.15
5. Repealed
Section
62.1-44.15
5.01. Coordinated review of water resources projects
Section
62.1-44.15
5.02. Low-flow protections in Potomac River
Section
62.1-44.15
5.1. General permit for certain water quality improvement activities
Section
62.1-44.15
5.2. General permits for ready-mix concrete plant discharges
Section
62.1-44.15
6. Permit fee regulations
Section
62.1-44.15
7. Permit Program Fund established; use of moneys
Section
62.1-44.15
8. Conformance with federal requirements
Section
62.1-44.15
20. Virginia Water Protection Permit
Section
62.1-44.15
21. (Effective until October 1, 2021) Impacts to wetlands
Section
62.1-44.15
21. (Effective October 1, 2021) Impacts to wetlands
Section
62.1-44.15
22. (For contingent expiration date, see Acts 2021, Sp. Sess. I, c. 100) Water withdrawals and preservation of instream flow
Section
62.1-44.15
22. (For contingent effective date, see Acts 2021, Sp. Sess. I, c. 100) Water withdrawals and preservation of instream flow
Section
62.1-44.15
23. Wetland and stream mitigation banks
Section
62.1-44.15
23.1. Wetland and Stream Replacement Fund established
Section
62.1-44.15
24. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Definitions
Section
62.1-44.15
24. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Definitions
Section
62.1-44.15
25. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Further powers and duties of the State Water Control Board
Section
62.1-44.15
25. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Further powers and duties of the State Water Control Board
Section
62.1-44.15
25.1. (For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Additional local authority
Section
62.1-44.15
26. (For repeal date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) State permits
Section
62.1-44.15
26.1. Termination of Construction General Permit coverage
Section
62.1-44.15
27. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Establishment of Virginia Stormwater Management Programs
Section
62.1-44.15
27. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Virginia Programs for Erosion Control and Stormwater Management
Section
62.1-44.15
27.1. (For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Virginia Stormwater Management Programs administered by the Board
Section
62.1-44.15
27.2. Rural Tidewater localities; water quantity technical criteria; tiered approach
Section
62.1-44.15
27.3. Acceptance of signed and sealed plan in lieu of local plan review
Section
62.1-44.15
27.4. Department acceptance of plans in lieu of plan review
Section
62.1-44.15
28. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Development of regulations
Section
62.1-44.15
28. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Development of regulations
Section
62.1-44.15
28.1. Pollutant removal by dredging
Section
62.1-44.15
29. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Virginia Stormwater Management Fund established
Section
62.1-44.15
29.1. (For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Stormwater Local Assistance Fund
Section
62.1-44.15
29. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Virginia Stormwater Management Fund
Section
62.1-44.15
29.2. Stormwater Local Assistance Fund, estimate of requests
Section
62.1-44.15
30. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Education and training programs
Section
62.1-44.15
30. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Training and certification
Section
62.1-44.15
31. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Standards and specifications for state agencies, federal entities, and other specified entities
Section
62.1-44.15
31. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Annual standards and specifications for state agencies, federal entities, and other specified entities
Section
62.1-44.15
32. (For repeal date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Duties of the Department
Section
62.1-44.15
33. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Authorization for more stringent ordinances
Section
62.1-44.15
33. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Authorization for more stringent ordinances
Section
62.1-44.15
34. (For expiration date — see notes) Regulated activities; submission and approval of a permit application; security for performance; exemptions
Section
62.1-44.15
34. (For effective date — see notes) Regulated activities; submission and approval of a permit application; security for performance; exemptions
Section
62.1-44.15
35. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Nutrient credit use and additional offsite options for construction activities
Section
62.1-44.15
35. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Nutrient credit use and additional offsite options for construction activities
Section
62.1-44.15
36. Repealed
Section
62.1-44.15
37. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Monitoring, reports, investigations, inspections, and stop work orders
Section
62.1-44.15
37.1. Inspections; land-disturbing activities of natural gas pipelines; stop work instructions
Section
62.1-44.15
37. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Notices to comply and stop work orders
Section
62.1-44.15
38. (For repeal date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Department to review VSMPs
Section
62.1-44.15
39. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Right of entry
Section
62.1-44.15
39. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Right of entry
Section
62.1-44.15
40. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Information to be furnished
Section
62.1-44.15
40. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Information to be furnished
Section
62.1-44.15
41. (For expiration date — see notes) Private rights; liability
Section
62.1-44.15
41. (For effective date — see notes) Liability of common interest communities
Section
62.1-44.15
42. (For repeal date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Enforcement by injunction, etc.
Section
62.1-44.15
43. (For repeal date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Testing validity of regulations; judicial review
Section
62.1-44.15
44. (For repeal date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Right to hearing
Section
62.1-44.15
45. (For repeal date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Hearings
Section
62.1-44.15
46. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Appeals
Section
62.1-44.15
46. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Appeals
Section
62.1-44.15
47. (For repeal date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Appeal to Court of Appeals
Section
62.1-44.15
48. (For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Penalties, injunctions, and other legal actions
Section
62.1-44.15
48. (For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Penalties, injunctions, and other legal actions
Section
62.1-44.15
49. (For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Enforcement authority of MS4 localities
Section
62.1-44.15
49. (For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Enforcement authority of MS4 localities
Section
62.1-44.15
49.1. MS4 industrial and high-risk programs
Section
62.1-44.15
50. (For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Cooperation with federal and state agencies
Section
62.1-44.15
50. (For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Cooperation with federal and state agencies
Section
62.1-44.15
51. (For expiration date — see notes) Definitions
Section
62.1-44.15
51. (For effective date — see notes) Definitions
Section
62.1-44.15
51.1. (For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Applicability
Section
62.1-44.15
52. (For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Virginia Erosion and Sediment Control Program
Section
62.1-44.15
52. (For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Virginia Erosion and Sediment Control Program
Section
62.1-44.15
53. Certification of program personnel
Section
62.1-44.15
54. (For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Establishment of Virginia Erosion and Sediment Control Program
Section
62.1-44.15
54. (For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Virginia Erosion and Sediment Control Program
Section
62.1-44.15
55. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Regulated land-disturbing activities; submission and approval of erosion and sediment control plan
Section
62.1-44.15
55.1. Department review of erosion and sediment control plans for solar projects
Section
62.1-44.15
55. (For effective date — see notes) Regulated land-disturbing activities; submission and approval of erosion and sediment control plan
Section
62.1-44.15
56. (For repeal date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) State agency and federal entity projects
Section
62.1-44.15
56.1. Department acceptance of plans in lieu of plan review
Section
62.1-44.15
57. (For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Approved plan required for issuance of grading, building, or other permits; security for performance
Section
62.1-44.15
57. (For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Approved plan required for issuance of grading, building, or other permits; security for performance
Section
62.1-44.15
58. (For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Monitoring, reports, and inspections
Section
62.1-44.15
58.1. Inspections; land-disturbing activities of natural gas pipelines; stop work instructions
Section
62.1-44.15
58. (For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Monitoring, reports, and inspections
Section
62.1-44.15
59. Reporting
Section
62.1-44.15
60. (For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Right of entry
Section
62.1-44.15
60. (For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Right of entry
Section
62.1-44.15
61. (For repeal date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Cooperation with federal and state agencies
Section
62.1-44.15
62. Judicial appeals
Section
62.1-44.15
63. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Penalties, injunctions and other legal actions
Section
62.1-44.15
63. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Penalties, injunctions and other legal actions
Section
62.1-44.15
64. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Stop work orders by Department; civil penalties
Section
62.1-44.15
64. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Stop work orders by Board; civil penalties
Section
62.1-44.15
65. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Authorization for more stringent regulations
Section
62.1-44.15
65. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Authorization for more stringent ordinances
Section
62.1-44.15
66. (Effective until October 1, 2021) No limitation on authority of Department of Mines, Minerals and Energy
Section
62.1-44.15
66. (Effective October 1, 2021) No limitation on authority of Department of Energy
Section
62.1-44.15
67. Cooperative state-local program
Section
62.1-44.15
68. Definitions
Section
62.1-44.15
69. (For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Powers and duties of the Board
Section
62.1-44.15
69. (For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Powers and duties of the Board
Section
62.1-44.15
70. Exclusive authority of Board to institute legal actions
Section
62.1-44.15
71. (For repeal date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Program compliance
Section
62.1-44.15
72. Board to develop criteria
Section
62.1-44.15
73. Local government authority
Section
62.1-44.15
74. Local governments to designate Chesapeake Bay Preservation Areas; incorporate into local plans and ordinances; impose civil penalties
Section
62.1-44.15
75. Local governments outside of Tidewater Virginia may adopt provisions
Section
62.1-44.15
76. Local government requirements for water quality protection
Section
62.1-44.15
77. Effect on other governmental authority
Section
62.1-44.15
78. State agency consistency
Section
62.1-44.15
79. Vested rights protected
Section
62.1-44.15
80. Findings and purpose
Section
62.1-44.15
81. Application and preparation of draft certification conditions
Section
62.1-44.15
82. Public notice of draft certification conditions
Section
62.1-44.15
83. Requests for public hearing, hearings, and final decisions procedures
Section
62.1-44.15
84. Requests for modification or revocation; public notice
Section
62.1-44.16
Industrial wastes
Section
62.1-44.16
1. Local enforcement of industrial waste permits
Section
62.1-44.17
Other wastes
Section
62.1-44.17
1. Permits for confined animal feeding operations
Section
62.1-44.17
1.1. Poultry waste management program
Section
62.1-44.17
2. Definitions
Section
62.1-44.17
3. Toxic substances reduction in state waters; report required
Section
62.1-44.17
4. Evaluation of toxics removal and remediation technology
Section
62.1-44.18
Sewerage systems, etc., under supervision of Board and Department of Environmental Quality; Board to regulate design specification and plans
Section
62.1-44.18
1. Repealed
Section
62.1-44.18
2. When Board may prohibit discharge; permits
Section
62.1-44.18
3. Permit for private sewerage facility; financial assurance; violations; waiver of filing
Section
62.1-44.19
Approval of sewerage systems and sewage treatment works
Section
62.1-44.19
1. Prohibiting sewage discharge under certain conditions in certain cities
Section
62.1-44.19
2. Additional requirements on sewage discharge in Norfolk, Newport News, Hampton, Virginia Beach, and Chesapeake
Section
62.1-44.19
3. Prohibition on land application, marketing and distribution of sewage sludge without permit; ordinances; notice requirement; fees
Section
62.1-44.19
3.1. Certification of sewage sludge land applicators
Section
62.1-44.19
3.2. Local enforcement of sewage sludge regulations
Section
62.1-44.19
3.3. Septage disposal
Section
62.1-44.19
3.4. Notification of local governing bodies
Section
62.1-44.19
4. Definitions
Section
62.1-44.19
5. Water quality monitoring and reporting
Section
62.1-44.19
6. Citizen right-to-know provisions
Section
62.1-44.19
7. Plans to address impaired waters
Section
62.1-44.19
8. Control of discharges to toxic-impaired water
Section
62.1-44.19
9. Transmission of toxics information
Section
62.1-44.19
10. Assessment of sources of toxic contamination
Section
62.1-44.19
11. Citizen water quality monitoring program
Section
62.1-44.19
12. Legislative findings and purposes
Section
62.1-44.19
13. Definitions
Section
62.1-44.19
14. Watershed general permit for nutrients
Section
62.1-44.19
15. New or expanded facilities
Section
62.1-44.19
16. Technology-based standards and effluent limitations
Section
62.1-44.19
17. Virginia Nutrient Credit Exchange Association authorized; duties; composition; appointment; terms
Section
62.1-44.19
18. Nutrient allocation compliance and reporting
Section
62.1-44.19
19. Program audits
Section
62.1-44.19
20. Nutrient credit certification
Section
62.1-44.19
21. Nutrient credit use by regulated entities
Section
62.1-44.19
21.1. Sediment credit use by regulated MS4s
Section
62.1-44.19
21.2. Nutrient and sediment credit generation and transfer; public body
Section
62.1-44.19
22. Enforcement and penalties
Section
62.1-44.19
23. Appeals
Section
62.1-44.20
Right to entry to obtain information, etc.
Section
62.1-44.21
Information to be furnished to Board
Section
62.1-44.22
(For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Private rights not affected
Section
62.1-44.22
(For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Private actions
Section
62.1-44.23
(For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Enforcement by injunction, etc.
Section
62.1-44.23
(For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Enforcement by injunction, etc.
Section
62.1-44.23
1. Intervention of Commonwealth in actions involving surface water withdrawals
Section
62.1-44.24
Testing validity of regulations; judicial review
Section
62.1-44.25
(For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Right to hearing
Section
62.1-44.25
(For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Right to hearing
Section
62.1-44.26
Hearings
Section
62.1-44.27
Rules of evidence in hearings
Section
62.1-44.28
Decisions of the Board in hearings pursuant to §§ 62.1-44.15 and 62.1-44.25
Section
62.1-44.29
(For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Judicial review
Section
62.1-44.29
(For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Judicial review
Section
62.1-44.30
Appeal to Court of Appeals
Section
62.1-44.31
(For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Violation of special order or certificate or failure to cooperate with Board
Section
62.1-44.31
(For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Violation of order or certificate or failure to cooperate with Board
Section
62.1-44.32
(For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Penalties
Section
62.1-44.32
(For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Penalties
Section
62.1-44.33
Board to adopt regulations; tidal waters no discharge zones
Section
62.1-44.34
Repealed
Section
62.1-44.34
1. Repealed
Section
62.1-44.34
7. Repealed
Section
62.1-44.34
8. Definitions
Section
62.1-44.34
9. Powers and duties of Board
Section
62.1-44.34
10. Definitions
Section
62.1-44.34
11. Virginia Petroleum Storage Tank Fund
Section
62.1-44.34
12. Financial responsibility
Section
62.1-44.34
13. Levy of fee for Fund maintenance
Section
62.1-44.34
14. Definitions
Section
62.1-44.34
15. Oil discharge contingency plans
Section
62.1-44.34
15.1. Regulations for aboveground storage tanks
Section
62.1-44.34
16. Financial responsibility for vessels and facilities
Section
62.1-44.34
17. Exemptions
Section
62.1-44.34
18. Discharge of oil prohibited; liability for permitting discharge
Section
62.1-44.34
19. Reporting of discharge
Section
62.1-44.34
19.1. Registration of aboveground storage tanks
Section
62.1-44.34
19.2. Recordkeeping and access to records and facilities
Section
62.1-44.34
20. Enforcement and penalties
Section
62.1-44.34
21. Administrative fees
Section
62.1-44.34
22. Applicability of Administrative Process Act
Section
62.1-44.34
23. Exceptions
Section
62.1-44.34
24. Definitions
Section
62.1-44.34
25. Virginia Spill Response Council created; purpose; membership
Section
62.1-44.34
26. Responsibilities of the Council
Section
62.1-44.34
27. Cooperation of agencies and institutions
Section
62.1-44.34
28. Council to submit annual report