9 Va. Admin. Code § 25-880-1 - [Effective 7/1/2024] Definitions
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. For the purposes of this chapter, words and terms that are defined in the Virginia Erosion and Stormwater Management Act (Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia) and the Virginia Erosion and Stormwater Management Regulation (9VAC25-875) shall have those meanings unless the context clearly indicates otherwise.
"Board" means the State Water Control Board. When used outside the context of the promulgation of regulations, including regulations to establish general permits, "board" means the Department of Environmental Quality.
"Business day" means Monday through Friday excluding state holidays.
"Commencement of land disturbance" means the initial disturbance of soils associated with clearing, grading, or excavating activities or other construction activities (e.g., stockpiling of fill material).
"Construction dewatering" means the act of draining or pumping stormwater or groundwater from building foundations, vaults, and trenches, or other similar points of accumulation, including from sediment basins or similar impoundments for maintenance or decommissioning purposes. Construction dewatering does not include temporary pumparounds associated with instream construction activities.
"Construction site" means the land or water area where any construction activity is physically located or conducted, including any adjacent land used or preserved in connection with the land-disturbing activity. The term "construction site" includes construction support activities located on-site or off-site.
"Construction support activity" means a construction-related activity that specifically supports construction and involves land disturbance or pollutant-generating activities of its own and can include activities associated with concrete or asphalt batch plants, equipment staging yards, materials storage areas, excavated material disposal areas, and borrow areas.
"Department" means the Department of Environmental Quality.
"Final stabilization" means that one of the following situations has occurred:
"Immediately" means as soon as practicable, but no later than the end of the next business day, following the day when the construction activities have temporarily or permanently ceased. In the context of this general permit, "immediately" is used to define the deadline for initiating stabilization measures.
"Impaired waters" means surface waters identified as impaired on the 2022 § 305(b)/303(d) Water Quality Assessment Integrated Report.
"Infeasible" means not technologically possible or not economically practicable and achievable in light of best industry practices.
"Initiation of stabilization activities" means:
This list is not exhaustive.
"Measurable storm event" means a rainfall event producing 0.25 inches of rain or greater over 24 hours or snow melt from a snow event producing 3.25 inches or more of snow within a 24-hour period.
"Qualified personnel" means a person knowledgeable in the principles and practices of erosion and sediment and stormwater management controls who possesses the skills to assess conditions at the construction site for the operator that could impact stormwater quality and quantity and to assess the effectiveness of any sediment and erosion control measures or stormwater management facilities selected to control the quality and quantity of stormwater discharges from the construction activity. On or after July 1, 2025, "qualified personnel" shall hold an unexpired Dual Inspector certification issued by the department; an unexpired Inspector for Erosion and Sediment Control certification and an unexpired Inspector for Stormwater Management certification, both issued by the department; a Construction General Permit Qualified Personnel Certificate issued by the department or the Virginia Department of Transportation; or an equivalent certification provided by EPA (currently titled Construction Inspection Training Course).
"Stabilized" means land that has been treated to withstand normal exposure to natural forces without incurring erosion damage.
Notes
Statutory Authority: § 62.1-44.15:25 of the Code of Virginia.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.