A.
Objectives of the stormwater regulations for small MS4s.
1. Subsections A through G of this section
are written in a "readable regulation" format that includes both rule
requirements and guidance. The recommended guidance is distinguished from the
regulatory requirements by putting the guidance in a separate subdivision
headed by the word "Note."
2. Under
the statutory mandate in § 402(p)(6) of the Clean Water Act, the purpose
of this portion of the stormwater program is to designate additional sources
that need to be regulated to protect water quality and to establish a
comprehensive stormwater program to regulate these sources.
3. Stormwater runoff continues to harm the
nation's waters. Runoff from lands modified by human activities can harm
surface water resources in several ways including by changing natural
hydrologic patterns and by elevating pollutant concentrations and loadings.
Stormwater runoff may contain or mobilize high levels of contaminants, such as
sediment, suspended solids, nutrients, heavy metals, pathogens, toxins,
oxygen-demanding substances, and floatables.
4. The department strongly encourages
partnerships and the watershed approach as the management framework for
efficiently, effectively, and consistently protecting and restoring aquatic
ecosystems and protecting public health.
B. As an operator of a small MS4, am I
regulated under the state's stormwater program?
1. Unless you qualify for a waiver under
subdivision 3 of this subsection, you are regulated if you operate a small MS4,
including but not limited to systems operated by federal, state, tribal, and
local governments, including the Virginia Department of Transportation; and
a. Your small MS4 is located in an urbanized
area as determined by the latest decennial census by the Bureau of the Census
(If your small MS4 is not located entirely within an urbanized area, only the
portion that is within the urbanized area is regulated); or
b. You are designated by the department,
including where the designation is pursuant to subdivisions C 3 a and b of this
section or is based upon a petition under
9VAC25-870-380
D.
2. You may be the
subject of a petition to the department to require a state permit for your
discharge of stormwater. If the department determines that you need a state
permit, you are required to comply with subsections C through E of this
section.
3. The department may
waive the requirements otherwise applicable to you if you meet the criteria of
subdivision 4 or 5 of this subsection. If you receive a waiver under this
section, you may subsequently be required to seek coverage under a state permit
in accordance with subdivision C 1 of this section if circumstances change.
(See also subdivision E 2 of this section).
4. The department may waive state permit
coverage if your MS4 serves a population of less than 1,000 within the
urbanized area and you meet the following criteria:
a. Your system is not contributing
substantially to the pollutant loadings of a physically interconnected MS4 that
is regulated by the department; and
b. If you discharge any pollutants that have
been identified as a cause of impairment of any water body to which you
discharge, stormwater controls are not needed based on wasteload allocations
that are part of an approved "total maximum daily load" (TMDL) that addresses
the pollutants of concern.
5. The department may waive state permit
coverage if your MS4 serves a population under 10,000 and you meet the
following criteria:
a. The department has
evaluated all surface waters, including small streams, tributaries, lakes, and
ponds, that receive a discharge from your MS4;
b. For all such waters, the department has
determined that stormwater controls are not needed based on wasteload
allocations that are part of an approved TMDL that addresses the pollutants of
concern or, if a TMDL has not been developed or approved, an equivalent
analysis that determines sources and allocations for the pollutants of
concern;
c. For the purpose of
subdivision 5 of this subsection, the pollutants of concern include biochemical
oxygen demand (BOD), sediment or a parameter that addresses sediment (such as
total suspended solids, turbidity or siltation), pathogens, oil and grease, and
any pollutant that has been identified as a cause of impairment of any water
body that will receive a discharge from your MS4; and
d. The department has determined that future
discharges from your MS4 do not have the potential to result in exceedances of
water quality standards, including impairment of designated uses, or other
significant water quality impacts, including habitat and biological
impacts.
C.
If I am an operator of a regulated small MS4, how do I apply for a state permit
and when do I have to apply?
1. If you operate
a regulated small MS4 under subsection B of this section, you must seek
coverage under a state permit issued by the department.
2. You must seek authorization to discharge
under a general or individual state permit, as follows:
a. If the department has issued a general
permit applicable to your discharge and you are seeking coverage under the
general permit, you must submit a registration statement that includes the
information on your best management practices and measurable goals required by
subdivision D 4 of this section. You may file your own registration statement,
or you and other municipalities or governmental entities may jointly submit a
registration statement. If you want to share responsibilities for meeting the
minimum measures with other municipalities or governmental entities, you must
submit a registration statement that describes which minimum measures you will
implement and identify the entities that will implement the other minimum
measures within the area served by your MS4. The general permit will explain
any other steps necessary to obtain permit authorization.
b.
(1) If
you are seeking authorization to discharge under an individual state permit and
wish to implement a program under subsection D of this section, you must submit
an application to the department that includes the information required under
9VAC25-870-360
F and subdivision D 4 of this section, an estimate of square mileage served by
your small MS4, and any additional information that the department requests. A
storm sewer map that satisfies the requirement of subdivision D 2 c (1) of this
section will satisfy the map requirement in
9VAC25-870-360
F 7.
(2) If you are seeking
authorization to discharge under an individual state permit and wish to
implement a program that is different from the program under subsection D of
this section, you will need to comply with the state permit application
requirements of
9VAC25-870-380
C. You must submit both parts of the application requirements in
9VAC25-870-380
C 1 and 2 by March 10, 2003. You do not need to submit the information required
by
9VAC25-870-380
C 1 b and C 2 regarding your legal authority, unless you intend for the state
permit writer to take such information into account when developing your other
state permit conditions.
(3) If
allowed by the department, you and another regulated entity may jointly apply
under either subdivision 2 b (1) or (2) of this subsection to be state
co-permittees under an individual state permit.
c. If your small MS4 is in the same urbanized
area as a medium or large MS4 with a state permit and that other MS4 is willing
to have you participate in its stormwater program, you and the other MS4 may
jointly seek a modification of the other MS4 state permit to include you as a
limited state co-permittee. As a limited state co-permittee, you will be
responsible for compliance with the state permit's conditions applicable to
your jurisdiction. If you choose this option you will need to comply with the
state permit application requirements of
9VAC25-870-380,
rather than the requirements of subsection D of this section. You do not need
to comply with the specific application requirements of
9VAC25-870-380
C 1 c and d and
9VAC25-870-380
C 2 c (discharge characterization). You may satisfy the requirements in
9VAC25-870-380
C 1 e and 2 d (identification of a management program) by referring to the
other MS4's stormwater management program.
d. NOTE: In referencing an MS4's stormwater
management program, you should briefly describe how the existing plan will
address discharges from your small MS4 or would need to be supplemented in
order to adequately address your discharges. You should also explain your role
in coordinating stormwater pollutant control activities in your MS4 and detail
the resources available to you to accomplish the plan.
3. If you operate a regulated small MS4:
a. Designated under subdivision B 1 a of this
section, you must apply for coverage under a state permit or apply for a
modification of an existing state permit under subdivision 2 c of this
subsection within 180 days of notice, unless the department grants a later
date.
b. Designated under
subdivision B 1 b of this section, you must apply for coverage under a state
permit or apply for a modification of an existing state permit under
subdivision 2 c of this subsection within 180 days of notice, unless the
department grants a later date.
D. As an operator of a regulated small MS4,
what will my MS4 state permit require?
1.
Your MS4 state permit will require at a minimum that you develop, implement,
and enforce a stormwater management program designed to reduce the discharge of
pollutants from your MS4 to the maximum extent practicable (MEP), to protect
water quality, and to satisfy the appropriate water quality requirements of the
Clean Water Act, the Virginia Stormwater Management Act, and the State Water
Control Law. Your stormwater management program must include the minimum
control measures described in subdivision 2 of this subsection unless you apply
for a state permit under
9VAC25-870-380
C. For purposes of this section, narrative effluent limitations requiring
implementation of best management practices (BMPs) are generally the most
appropriate form of effluent limitations when designed to satisfy technology
requirements (including reductions of pollutants to the maximum extent
practicable) and to protect water quality. Implementation of best management
practices consistent with the provisions of the stormwater management program
required pursuant to this section and the provisions of the state permit
required pursuant to subsection C of this section constitutes compliance with
the standard of reducing pollutants to the maximum extent practicable. The
department will specify a time period of up to five years from the date of
state permit issuance for you to develop and implement your program.
2. Minimum control measures.
a. Public education and outreach on
stormwater impacts.
(1) You must implement a
public education program to distribute educational materials to the community
or conduct equivalent outreach activities about the impacts of stormwater
discharges on water bodies and the steps that the public can take to reduce
pollutants in stormwater runoff.
(2) NOTE: You may use stormwater educational
materials provided by the state, your tribe, EPA, environmental, public
interest or trade organizations, or other MS4s. The public education program
should inform individuals and households about the steps they can take to
reduce stormwater pollution, such as ensuring proper septic system maintenance,
ensuring the proper use and disposal of landscape and garden chemicals
including fertilizers and pesticides, protecting and restoring riparian
vegetation, and properly disposing of used motor oil or household hazardous
wastes. The department recommends that the program inform individuals and
groups how to become involved in local stream and beach restoration activities
as well as activities that are coordinated by youth service and conservation
corps or other citizen groups. The department recommends that the public
education program be tailored, using a mix of locally appropriate strategies,
to target specific audiences and communities. Examples of strategies include:
distributing brochures or fact sheets, sponsoring speaking engagements before
community groups, providing public service announcements, implementing
educational programs targeted at school-age children, and conducting
community-based projects such as storm drain stenciling, and watershed and
beach cleanups. In addition, the department recommends that some of the
materials or outreach programs be directed toward targeted groups of
commercial, industrial, and institutional entities likely to have significant
stormwater impacts. For example, providing information to restaurants on the
impact of grease clogging storm drains and to garages on the impact of oil
discharges. You are encouraged to tailor your outreach program to address the
viewpoints and concerns of all communities, particularly minority and
disadvantaged communities, as well as any special concerns relating to
children.
b. Public
involvement/participation.
(1) You must, at a
minimum, comply with state, tribal, and local public notice requirements when
implementing a public involvement/participation program.
(2) The department recommends that the public
be included in developing, implementing, and reviewing your stormwater
management program and that the public participation process should make
efforts to reach out and engage all economic and ethnic groups. Opportunities
for members of the public to participate in program development and
implementation include serving as citizen representatives on a local stormwater
management panel, attending public hearings, working as citizen volunteers to
educate other individuals about the program, assisting in program coordination
with other pre-existing programs, or participating in volunteer monitoring
efforts. (Citizens should obtain approval where necessary for lawful access to
monitoring sites.)
c.
Illicit discharge detection and elimination.
(1) You must develop, implement and enforce a
program to detect and eliminate illicit discharges (as defined in
9VAC25-870-10) into
your small MS4.
(2) You must:
(a) Develop, if not already completed, a
storm sewer system map, showing the location of all outfalls and the names and
location of all surface waters that receive discharges from those
outfalls;
(b) To the extent
allowable under state, tribal or local law, effectively prohibit, through
ordinance or other regulatory mechanism, nonstormwater discharges into your
storm sewer system and implement appropriate enforcement procedures and
actions;
(c) Develop and implement
a plan to detect and address nonstormwater discharges, including illegal
dumping, to your system; and
(d)
Inform public employees, businesses, and the general public of hazards
associated with illegal discharges and improper disposal of waste.
(3) You need to address the
following categories of nonstormwater discharges or flows (i.e., illicit
discharges) only if you identify them as significant contributors of pollutants
to your small MS4: water line flushing, landscape irrigation, diverted stream
flows, rising groundwaters, uncontaminated groundwater infiltration (as defined
in 40 CFR
35.2005(20)) ,
uncontaminated pumped groundwater, discharges from potable water sources,
foundation drains, air conditioning condensation, irrigation water, springs,
water from crawl space pumps, footing drains, lawn watering, individual
residential car washing, flows from riparian habitats and wetlands,
dechlorinated swimming pool discharges, and street wash water. (Discharges or
flows from fire-fighting activities are excluded from the effective prohibition
against nonstormwater and need only be addressed where they are identified as
significant sources of pollutants to surface waters.)
(4) NOTE: The department recommends that the
plan to detect and address illicit discharges include the following four
components:
(i) procedures for locating
priority areas likely to have illicit discharges,
(ii) procedures for tracing the source of an
illicit discharge,
(iii) procedures
for removing the source of the discharge, and
(iv) procedures for program evaluation and
assessment. The department recommends visually screening outfalls during dry
weather and conducting field tests of selected pollutants as part of the
procedures for locating priority areas. Illicit discharge education actions may
include storm drain stenciling; a program to promote, publicize, and facilitate
public reporting of illicit connections or discharges; and distribution of
outreach materials.
d. Construction site stormwater runoff
control.
(1) You must develop, implement, and
enforce a program to reduce pollutants in any stormwater runoff to your small
MS4 from construction activities that result in a land disturbance of greater
than or equal to one acre, or equal to or greater than 2,500 square feet in all
areas of the jurisdictions designated as subject to the Chesapeake Bay
Preservation Area Designation and Management Regulations adopted pursuant to
the Chesapeake Bay Preservation Act. Reduction of stormwater discharges from
construction activity disturbing less than one acre must be included in your
program if that construction activity is part of a larger common plan of
development or sale that would disturb one acre or more. If the department
waives requirements for stormwater discharges associated with small
construction activity in accordance with the definition in
9VAC25-870-10, you
are not required to develop, implement, and/or enforce a program to reduce
pollutant discharges from such sites.
(2) Your program must include the development
and implementation of, at a minimum:
(a) An
ordinance or other regulatory mechanism to require erosion and sediment
controls, as well as sanctions to ensure compliance, to the extent allowable
under state, tribal, or local law;
(b) Requirements for construction site
operators to implement appropriate erosion and sediment control best management
practices;
(c) Requirements for
construction site operators to control waste such as discarded building
materials, concrete truck washout, chemicals, litter, and sanitary waste at the
construction site that may cause adverse impacts to water quality;
(d) Procedures for site plan review which
incorporate consideration of potential water quality impacts;
(e) Procedures for receipt and consideration
of information submitted by the public; and
(f) Procedures for site inspection and
enforcement of control measures.
(3) NOTE: Examples of sanctions to ensure
compliance include nonmonetary penalties, fines, bonding requirements and/or
state permit denials for noncompliance. The department recommends that
procedures for site plan review include the review of individual
pre-construction site plans to ensure consistency with VESCP requirements.
Procedures for site inspections and enforcement of control measures could
include steps to identify priority sites for inspection and enforcement based
on the nature of the construction activity, topography, and the characteristics
of soils and receiving water quality. You are encouraged to provide appropriate
educational and training measures for construction site operators. You may wish
to require a stormwater pollution prevention plan for construction sites within
your jurisdiction that discharge into your system. (See
9VAC25-870-460
L and subdivision E 2 of this section.) The department may recognize that
another government entity may be responsible for implementing one or more of
the minimum measures on your behalf.
e. Post-construction stormwater management in
new development and redevelopment.
(1) You
must develop, implement, and enforce a program to address stormwater runoff
from new development and redevelopment projects that disturb greater than or
equal to one acre, including projects less than one acre that are part of a
larger common plan of development or sale, that discharge into your small MS4.
Your program must ensure that controls are in place that would prevent or
minimize water quality impacts.
(2)
You must:
(a) Develop and implement strategies
that include a combination of structural and/or nonstructural best management
practices (BMPs) appropriate for your community;
(b) Use an ordinance or other regulatory
mechanism to address post-construction runoff from new development and
redevelopment projects to the extent allowable under state, tribal or local
law; and
(c) Ensure adequate
long-term operation and maintenance of BMPs.
(3) NOTE: If water quality impacts are
considered from the beginning stages of a project, new development and
potentially redevelopment provide more opportunities for water quality
protection. The department recommends that the BMPs chosen be appropriate for
the local community, minimize water quality impacts, and attempt to maintain
pre-development runoff conditions. In choosing appropriate BMPs, the department
encourages you to participate in locally based watershed planning efforts that
attempt to involve a diverse group of stakeholders, including interested
citizens. When developing a program that is consistent with this measure's
intent, the department recommends that you adopt a planning process that
identifies the municipality's program goals (e.g., minimize water quality
impacts resulting from post-construction runoff from new development and
redevelopment), implementation strategies (e.g., adopt a combination of
structural and/or nonstructural BMPs), operation and maintenance policies and
procedures, and enforcement procedures. In developing your program, you should
consider assessing existing ordinances, policies, programs and studies that
address stormwater runoff quality. In addition to assessing these existing
documents and programs, you should provide opportunities to the public to
participate in the development of the program. Nonstructural BMPs are
preventative actions that involve management and source controls such as:
(i) policies and ordinances that provide
requirements and standards to direct growth to identified areas, protect
sensitive areas such as wetlands and riparian areas, maintain and/or increase
open space (including a dedicated funding source for open space acquisition),
provide buffers along sensitive water bodies, minimize impervious surfaces, and
minimize disturbance of soils and vegetation;
(ii) policies or ordinances that encourage
infill development in higher density urban areas, and areas with existing
infrastructure;
(iii) education
programs for developers and the public about project designs that minimize
water quality impacts; and
(iv)
measures such as minimization of percent impervious area after development and
minimization of directly connected impervious areas. Structural BMPs include:
storage practices such as wet ponds and extended-detention outlet structures;
filtration practices such as grassed swales, sand filters and filter strips;
and infiltration practices such as infiltration basins and infiltration
trenches. The department recommends that you ensure the appropriate
implementation of the structural BMPs by considering some or all of the
following: pre-construction review of BMP designs; inspections during
construction to verify BMPs are built as designed; post-construction inspection
and maintenance of BMPs; and penalty provisions for the noncompliance with
design, construction or operation and maintenance. Stormwater technologies are
constantly being improved, and the department recommends that your requirements
be responsive to these changes, developments or improvements in control
technologies.
f. Pollution prevention/good housekeeping for
municipal operations.
(1) You must develop
and implement an operation and maintenance program that includes a training
component and has the ultimate goal of preventing or reducing pollutant runoff
from municipal operations. Using training materials that are available from
EPA, state, tribe, or other organizations, your program must include employee
training to prevent and reduce stormwater pollution from activities such as
park and open space maintenance, fleet and building maintenance, new
construction and land disturbances, and stormwater system
maintenance.
(2) NOTE: The
department recommends that, at a minimum, you consider the following in
developing your program: maintenance activities, maintenance schedules, and
long-term inspection procedures for structural and nonstructural stormwater
controls to reduce floatables and other pollutants discharged from your
separate storm sewers; controls for reducing or eliminating the discharge of
pollutants from streets, roads, highways, municipal parking lots, maintenance
and storage yards, fleet or maintenance shops with outdoor storage areas,
salt/sand storage locations and snow disposal areas operated by you, and waste
transfer stations; procedures for properly disposing of waste removed from the
separate storm sewers and areas listed above (such as dredge spoil, accumulated
sediments, floatables, and other debris); and ways to ensure that new flood
management projects assess the impacts on water quality and examine existing
projects for incorporating additional water quality protection devices or
practices. Operation and maintenance should be an integral component of all
stormwater management programs. This measure is intended to improve the
efficiency of these programs and require new programs where necessary. Properly
developed and implemented operation and maintenance programs reduce the risk of
water quality problems.
3. If an existing VSMP requires you to
implement one or more of the minimum control measures of subdivision 2 of this
subsection, the department may include conditions in your state permit that
direct you to follow that VSMP's requirements rather than the requirements of
subdivision 2 of this subsection. A VSMP is a local, state or tribal municipal
stormwater management program that imposes, at a minimum, the relevant
requirements of subdivision 2 of this subsection.
4.
a. In
your state permit application (either a registration statement for coverage
under a general permit or an individual permit application), you must identify
and submit to the department the following information:
(1) The best management practices (BMPs) that
you or another entity will implement for each of the stormwater minimum control
measures provided in subdivision 2 of this subsection;
(2) The measurable goals for each of the BMPs
including, as appropriate, the months and years in which you will undertake
required actions, including interim milestones and the frequency of the action;
and
(3) The person or persons
responsible for implementing or coordinating your stormwater management
program.
b. If you
obtain coverage under a general permit, you are not required to meet any
measurable goals identified in your registration statement in order to
demonstrate compliance with the minimum control measures in subdivisions 2 c
through f of this subsection unless, prior to submitting your registration
statement, EPA or the department has provided or issued a menu of BMPs that
addresses each such minimum measure. Even if no regulatory authority issues the
menu of BMPs, however, you still must comply with other requirements of the
general permit, including good faith implementation of BMPs designed to comply
with the minimum measures.
c. NOTE:
Either EPA or the department will provide a menu of BMPs. You may choose BMPs
from the menu or select others that satisfy the minimum control
measures.
5.
a. You must comply with any more stringent
effluent limitations in your state permit, including state permit requirements
that modify or are in addition to the minimum control measures based on an
approved total maximum daily load (TMDL) or equivalent analysis. The department
may include such more stringent limitations based on a TMDL or equivalent
analysis that determines such limitations are needed to protect water quality.
b. NOTE: The department strongly
recommends that until the evaluation of the stormwater program in subsection G
of this section, no additional requirements beyond the minimum control measures
be imposed on regulated small MS4s without the agreement of the operator of the
affected small MS4, except where an approved TMDL or equivalent analysis
provides adequate information to develop more specific measures to protect
water quality.
6. You
must comply with other applicable state permit requirements, standards and
conditions established in the individual or general permit developed consistent
with the provisions of
9VAC25-31-190
through
9VAC25-31-250,
as appropriate.
7. Evaluation and
assessment.
a. You must evaluate program
compliance, the appropriateness of your identified best management practices,
and progress towards achieving your identified measurable goals. The department
may determine monitoring requirements for you in accordance with monitoring
plans appropriate to your watershed. Participation in a group monitoring
program is encouraged.
b. You must
keep records required by the state permit for at least three years. You must
submit your records to the department only when specifically asked to do so.
You must make your records, including a description of your stormwater
management program, available to the public at reasonable times during regular
business hours (see
9VAC25-870-340
for confidentiality provision). You may assess a reasonable charge for copying.
You may require a member of the public to provide advance notice.
c. Unless you are relying on another entity
to satisfy your state permit obligations under subdivision E 1 of this section,
you must submit annual reports to the department for your first state permit
term. For subsequent state permit terms, you must submit reports in years two
and four unless the department requires more frequent reports. As of the start
date in Table 1 of
9VAC25-31-1020,
all reports submitted in compliance with this subsection shall be submitted
electronically by the owner, operator, or the duly authorized representative of
the small MS4 to the department in compliance with this section and 40 CFR Part
3 (including, in all cases, 40 CFR Part
3 Subpart D),
9VAC25-870-370,
and Part XI (
9VAC25-31-950
et seq.) of the Virginia Pollutant Discharge Elimination System (VPDES) Permit
Regulation. Part XI of 9VAC
25-31 is not intended to undo existing requirements
for electronic reporting. Prior to this date, and independent of Part XI of
9VAC
25-31, the owner, operator, or the duly authorized representative of the
small MS4 may be required to report electronically if specified by a particular
permit. Your report must include:
(1) The
status of compliance with state permit conditions, an assessment of the
appropriateness of your identified best management practices and progress
towards achieving your identified measurable goals for each of the minimum
control measures;
(2) Results of
information collected and analyzed, including monitoring data, if any, during
the reporting period;
(3) A summary
of the stormwater activities you plan to undertake during the next reporting
cycle;
(4) A change in any
identified best management practices or measurable goals for any of the minimum
control measures; and
(5) Notice
that you are relying on another governmental entity to satisfy some of your
state permit obligations (if applicable).
E. As an operator of a regulated
small MS4, may I share the responsibility to implement the minimum control
measures with other entities?
1. You may rely
on another entity to satisfy your state permit obligations to implement a
minimum control measure if:
a. The other
entity, in fact, implements the control measure;
b. The particular control measure, or
component thereof, is at least as stringent as the corresponding state permit
requirement; and
c. The other
entity agrees to implement the control measure on your behalf. In the reports
you must submit under subdivision D 7 c of this section, you must also specify
that you rely on another entity to satisfy some of your state permit
obligations. If you are relying on another governmental entity regulated under
the state permit program to satisfy all of your state permit obligations,
including your obligation to file periodic reports required by subdivision D 7
c of this section, you must note that fact in your registration statement, but
you are not required to file the periodic reports. You remain responsible for
compliance with your state permit obligations if the other entity fails to
implement the control measure (or component thereof). Therefore, the department
encourages you to enter into a legally binding agreement with that entity if
you want to minimize any uncertainty about compliance with your state
permit.
2. In some
cases, the department may recognize, either in your individual permit or in a
general permit, that another governmental entity is responsible under a state
permit for implementing one or more of the minimum control measures for your
small MS4. Where the department does so, you are not required to include such
minimum control measure(s) in your stormwater management program. Your state
permit may be reopened and modified to include the requirement to implement a
minimum control measure if the entity fails to implement it.
F. As an operator of a regulated
small MS4, what happens if I don't comply with the application or state permit
requirements in subsections C through E of this section?
State permits are enforceable under the Clean Water Act and
the Virginia Stormwater Management Act. Violators may be subject to the
enforcement actions and penalties described in Clean Water Act §§
309(b), (c), and (g) and 505 or under §§ 62.1-44.15:39 through
62.1-44.15:48 of the Code of Virginia. Compliance with a state permit issued
pursuant to § 402 of the Clean Water Act is deemed compliance, for
purposes of §§ 309 and 505, with §§ 301, 302, 306, 307, and
403, except any standard imposed under § 307 for toxic pollutants
injurious to human health. If you are covered as a state co-permittee under an
individual permit or under a general permit by means of a joint registration
statement, you remain subject to the enforcement actions and penalties for the
failure to comply with the terms of the state permit in your jurisdiction
except as set forth in subdivision E 2 of this section.
G. Will the small MS4 stormwater program
regulations at subsections B through F of this section change in the future?
EPA intends to conduct an enhanced research effort and
compile a comprehensive evaluation of the NPDES MS4 stormwater program. The
board will reevaluate the regulations based on data from the EPA NPDES MS4
stormwater program, from research on receiving water impacts from stormwater,
and the effectiveness of best management practices (BMPs), as well as other
relevant information sources.
Notes
9
Va. Admin. Code §
25-870-400
Derived From Virginia Register Volume 30,
Issue 2, eff. October 23, 2013; Amended,
Virginia
Register Volume 33, Issue 22, eff.
7/26/2017; Amended,
Virginia
Register Volume 38, Issue 25, eff.
8/31/2022;
Repealed,
Virginia
Register Volume 40, Issue 8, eff.
7/1/2024.
Statutory Authority: §
62.1-44.15:28 of the Code of
Virginia; Chapters 68 and 758 of the 2016 Acts of
Assembly.