9 Va. Admin. Code § 25-880-30 - Authorization to discharge
A. Any operator
governed by this general permit is authorized to discharge to surface waters of
the Commonwealth of Virginia provided that:
1.
The operator submits a complete and accurate registration statement in
accordance with
9VAC25-880-50, unless not required,
and receives acceptance of the registration by the department;
2. The operator submits all permit fees,
including all outstanding permit maintenance fees, in accordance with
9VAC25-875-1290 et seq., unless not
required;
3. The operator complies
with the applicable requirements of
9VAC25-880-70;
4. The operator obtains approval of:
a. An erosion and sediment control plan from
the appropriate Virginia Erosion and Stormwater Management Program (VESMP)
authority or Virginia Erosion and Sediment Control Program (VESCP) authority,
unless the operator receives from the VESCP authority an "agreement in lieu of
a plan" as defined in
9VAC25-875-20 and
9VAC25-875-210, respectively, or an
erosion and sediment control plan in accordance with standards and
specifications approved by the department; and
b. Except as specified in
9VAC25-880-70 Part II B 3 b, a
stormwater management plan from the appropriate VESMP authority, unless the
operator receives from the VESMP authority an "agreement in lieu of a plan" as
defined in 9VAC25-875-20 or a stormwater
management plan in accordance with standards and specifications approved by the
department; and
5. The
department has not notified the operator that the discharge is not eligible for
coverage in accordance with subsection B of this section.
B. The department will notify an operator
that the discharge is not eligible for coverage under this general permit in
the event of any of the following:
1. The
operator is required to obtain an individual permit in accordance with
9VAC25-875-980 B;
2. The operator is proposing discharges to
surface waters specifically named in other board regulations that prohibit such
discharges;
3. The discharge
causes, may reasonably be expected to cause, or contributes to a violation of
water quality standards (9VAC25-260);
4. The discharge violates or would violate
the antidegradation policy in the Water Quality Standards (9VAC25-260-30); or
5. The discharge is not consistent with the
assumptions and requirements of an applicable TMDL approved prior to the term
of this general permit.
C. This general permit also authorizes
stormwater discharges from construction support activities located on-site or
off-site provided that:
1. The support
activity is directly related to a construction site that is required to have
general permit coverage for stormwater discharges;
2. The support activity is not a commercial
operation, nor does it serve multiple unrelated construction sites;
3. The support activity does not operate
beyond the completion of the last construction activity it supports;
4. The support activity is reported in the
registration statement at the time of general permit coverage or reported in a
modified registration statement once the need for the support activity is
known;
5. Appropriate control
measures are identified in a stormwater pollution prevention plan and
implemented to address the discharges from the support activity; and
6. All applicable state, federal, and local
approvals are obtained for the support activity.
D. Stormwater discharges from an off-site
construction support activity may be authorized under another state or VPDES
permit. Where stormwater discharges from an off-site construction support
activity are not authorized under this general permit, the land area of the
off-site construction support activity shall not be included in determining the
total land area of the construction site and estimated area to be disturbed
reported in the registration statement.
E. Discharges authorized by this general
permit may be commingled with other sources of stormwater that are not required
to be covered under a state permit, so long as the commingled discharge is in
compliance with this general permit. Discharges authorized by a separate state
or VPDES permit may be commingled with discharges authorized by this general
permit so long as all such discharges comply with all applicable state and
VPDES permit requirements.
F.
Authorized nonstormwater discharges. The following nonstormwater discharges
from construction activities are authorized by this general permit:
1. Discharges from emergency firefighting
activities;
2. Fire hydrant
flushings managed to avoid an instream impact;
3. Water used to wash vehicles or equipment,
provided no soaps, solvents, or detergents are used and the wash water is
filtered, settled, or similarly treated prior to discharge;
4. Water used to control dust that is
filtered, settled, or similarly treated prior to discharge;
5. Potable water, including uncontaminated
waterline flushings, managed in a manner to avoid an instream impact;
6. Routine external building wash down,
provided no soaps, solvents, or detergents are used, external building surfaces
do not contain hazardous substances, and the wash water is filtered, settled,
or similarly treated prior to discharge;
7. Pavement wash water, provided spills or
leaks of toxic or hazardous materials have not occurred, unless all spilled or
leaked material is removed prior to washing; soaps, solvents, or detergents are
not used; and the wash water is filtered, settled, or similarly treated prior
to discharge;
8. Uncontaminated air
conditioning or compressor condensate;
9. Uncontaminated groundwater or spring
water;
10. Foundation or footing
drains, provided flows are not contaminated with process materials such as
solvents or contaminated groundwater;
11. Uncontaminated, excavation dewatering,
including dewatering of trenches and excavations that are filtered, settled, or
similarly treated prior to discharge; and
12. Landscape irrigation.
G. Coverage under this general
permit does not relieve any operator of the responsibility to comply with any
other applicable federal, state, or local statute, ordinance, or
regulation.
H. Continuation of
general permit coverage.
1. Permit coverage
shall expire at the end of its term. However, expiring permit coverages are
automatically continued if an operator has submitted a complete registration
statement at least 90 days prior to the expiration date of the permit, or a
later submittal date established by the department and has paid all past due
general permit maintenance fees. The permittee is authorized to continue to
discharge until such time as the department either:
a. Issues coverage to the operator under this
general permit; or
b. Notifies the
operator that the discharge is not eligible for coverage under this general
permit.
2. When an
operator that was covered under the expiring or expired general permit has
violated the conditions of that permit, the department may choose to do any or
all of the following:
a. Initiate enforcement
action based upon the general permit coverage that has been
continued;
b. Issue a notice of
intent to deny coverage under the reissued general permit. If the general
permit coverage is denied, the operator would then be required to cease
discharges authorized by the continued general permit coverage or be subject to
enforcement action for operating without a permit;
c. Issue an individual permit with
appropriate conditions; or
d. Take
other actions authorized by the Virginia Erosion and Stormwater Management
Regulation (9VAC25-875).
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.
A. Any operator governed by this general permit is authorized to discharge to surface waters of the Commonwealth of Virginia provided that:
1. The operator submits a complete and accurate registration statement in accordance with 9VAC25-880-50, unless not required, and receives acceptance of the registration by the board;
2. The operator submits any permit fees, unless not required, in accordance with 9VAC25-870-700 et seq.;
3. The operator complies with the applicable requirements of 9VAC25-880-70;
4. The operator obtains approval of:
a. An erosion and sediment control plan from the appropriate Virginia Erosion and Sediment Control Program (VESCP) authority as authorized under the Erosion and Sediment Control Regulations (9VAC25-840), unless the operator receives from the VESCP authority an "agreement in lieu of a plan" as defined in 9VAC25-840-10 or prepares the erosion and sediment control plan in accordance with annual standards and specifications approved by the department.; and
b. Except as specified in 9VAC25-880-70 Part II B 3 b, a stormwater management plan from the appropriate Virginia Stormwater Management Program (VSMP) authority as authorized under the VSMP Regulation (9VAC25-870), unless the operator receives from the VSMP authority an "agreement in lieu of a stormwater management plan" as defined in 9VAC25-870-10 or prepares the stormwater management plan in accordance with annual standards and specifications approved by the department. ; and
5. The board has not notified the operator that the discharge is not eligible for coverage in accordance with subsection B of this section.
B. The board will notify an operator that the discharge is not eligible for coverage under this general permit in the event of any of the following:
1. The operator is required to obtain an individual permit in accordance with 9VAC25-870-410 B;
2. The operator is proposing discharges to surface waters specifically named in other board regulations that prohibit such discharges;
3. The discharge causes, may reasonably be expected to cause, or contributes to a violation of water quality standards (9VAC25-260);
4. The discharge violates or would violate the antidegradation policy in the Water Quality Standards (9VAC25-260-30 ); or
5. The discharge is not consistent with the assumptions and requirements of an applicable TMDL approved prior to the term of this general permit.
C. This general permit also authorizes stormwater discharges from support activities (e.g., concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas) located on-site or off-site provided that:
1. The support activity is directly related to a construction activity that is required to have general permit coverage for discharges of stormwater from construction activities;
2. The support activity is not a commercial operation, nor does it serve multiple unrelated construction activities by different operators;
3. The support activity does not operate beyond the completion of the last construction activity it supports;
4. The support activity is identified in the registration statement at the time of general permit coverage;
5. Appropriate control measures are identified in a stormwater pollution prevention plan and implemented to address the discharges from the support activity areas; and
6. All applicable, state, federal, and local approvals are obtained for the support activity.
D. Support activities located off-site are not required to be covered under this general permit. Discharges of stormwater from off-site support activities may be authorized under another state or VPDES permit. Where stormwater discharges from off-site support activities are not authorized under this general permit, the land area of the off-site support activity need not be included in determining the total land disturbance acreage of the construction activity seeking general permit coverage.
E. Discharges authorized by this general permit may be commingled with other sources of stormwater that are not required to be covered under a state permit, so long as the commingled discharge is in compliance with this general permit. Discharges authorized by a separate state or VPDES permit may be commingled with discharges authorized by this general permit so long as all such discharges comply with all applicable state and VPDES permit requirements.
F. Authorized nonstormwater discharges. The following nonstormwater discharges from construction activities are authorized by this general permit:
1. Discharges from firefighting activities;
2. Fire hydrant flushings;
3. Water used to wash vehicles or equipment where soaps, solvents, or detergents have not been used and the wash water has been filtered, settled, or similarly treated prior to discharge;
4. Water used to control dust that has been filtered, settled, or similarly treated prior to discharge;
5. Potable water source, including uncontaminated waterline flushings, managed in a manner to avoid an instream impact;
6. Routine external building wash down where soaps, solvents, or detergents have not been used and the wash water has been filtered, settled, or similarly treated prior to discharge;
7. Pavement wash water where spills or leaks of toxic or hazardous materials have not occurred (or where all spilled or leaked material has been removed prior to washing); where soaps, solvents, or detergents have not been used; and where the wash water has been filtered, settled, or similarly treated prior to discharge;
8. Uncontaminated air conditioning or compressor condensate;
9. Uncontaminated groundwater or spring water;
10. Foundation or footing drains where flows are not contaminated with process materials such as solvents;
11. Uncontaminated, excavation dewatering, including dewatering of trenches and excavations that have been filtered, settled, or similarly treated prior to discharge; and
12. Landscape irrigations.
G. Approval for coverage under this general permit does not relieve any operator of the responsibility to comply with any other applicable federal, state or local statute, ordinance or regulation.
H. Continuation of general permit coverage.
1. Permit coverage shall expire at the end of its term. However, expiring permit coverages are automatically continued if the owner has submitted a complete registration statement at least 60 days prior to the expiration date of the permit, or a later submittal date established by the board, which cannot extend beyond the expiration date of the permit. The permittee is authorized to continue to discharge until such time as the board either:
a. Issues coverage to the operator under this general permit; or
b. Notifies the operator that the discharge is not eligible for coverage under this general permit.
2. When the operator that was covered under the expiring or expired general permit has violated the conditions of that permit, the board may choose to do any or all of the following:
a. Initiate enforcement action based upon the general permit coverage that has been continued;
b. Issue a notice of intent to deny coverage under the reissued general permit. If the general permit coverage is denied, the operator would then be required to cease discharges authorized by the continued general permit coverage or be subject to enforcement action for operating without a state permit;
c. Issue an individual permit with appropriate conditions; or
d. Take other actions authorized by the VSMP Regulation (9VAC25-870).
Notes
Statutory Authority: § 62.1-44.15:24 of the Code of Virginia.