9 Va. Admin. Code § 25-880-50 - [Effective until 7/1/2024] Registration statement
A. Deadlines
for submitting registration statement. Any operator seeking coverage under this
general permit, and that is required to submit a registration statement, shall
submit a complete and accurate general VPDES permit registration statement in
accordance with this section, which shall serve as a notice of intent for
coverage under the general VPDES permit for discharges of stormwater from
construction activities.
1. New construction
activities.
a. Any operator proposing a new
stormwater discharge from construction activities shall submit a complete and
accurate registration statement to the VSMP authority prior to the commencement
of land disturbance.
b. Any
operator proposing a new stormwater discharge from construction activities in
response to a public emergency where the related work requires immediate
authorization to avoid imminent endangerment to human health or the environment
is authorized to discharge under this general permit, provided that:
(1) The operator submits a complete and
accurate registration statement to the VSMP authority no later than 30 days
after commencing land disturbance; and
(2) Documentation to substantiate the
occurrence of the public emergency is provided with the registration
statement.
c. Any
operator proposing a new stormwater discharge associated with a small
construction activity involving the construction of a single-family detached
residential structure, within or outside a common plan of development or sale,
is authorized to discharge under this general permit and is not required to
submit a registration statement. Any operator proposing a new stormwater
discharge associated with the construction of a single-family detached
residential structure, within or outside a common plan of development or sale,
is not required to submit the department portion of the permit fee.
2. Existing construction
activities.
a. Any operator who was
authorized to discharge under the expiring or expired general permit and who
intends to continue coverage under this general permit shall:
(1) Submit a complete and accurate
registration statement to the VSMP authority at least 60 days prior to the
expiration date of the existing permit or a later submittal date established by
the board; and
(2) Update its
stormwater pollution prevention plan to comply with the requirements of this
general permit no later than 60 days after the date of coverage under this
general permit.
b. Any
operator with an existing stormwater discharge associated with a small
construction activity involving the construction of a single-family detached
residential structure, within or outside a common plan of development or sale,
that intends to continue coverage under this general permit, is authorized to
discharge under this general permit and is not required to submit a
registration statement, provided that the operator updates its stormwater
pollution prevention plan to comply with the requirements of this general
permit no later than 60 days after the date of coverage under this general
permit. Any operator with an existing stormwater discharge associated with the
construction of a single-family detached residential structure, within or
outside a common plan of development or sale, that intends to continue coverage
under this general permit is not required to submit the department portion of
the permit fee.
3. For
stormwater discharges from construction activities where the operator changes,
the new operator shall submit a complete and accurate registration statement or
transfer agreement form and any other documents deemed necessary by the VSMP
authority to the VSMP authority to demonstrate transfer of ownership and
long-term maintenance responsibilities for stormwater management facilities, as
required, has occurred prior to assuming operational control over site
specifications or commencing work on-site.
4. Late notifications. Operators are not
prohibited from submitting registration statements after commencing land
disturbance. When a late registration statement is submitted, authorization for
discharges shall not occur until coverage under the general permit is issued.
The VSMP authority, department, board, and the EPA reserve the right to take
enforcement action for any unpermitted discharges that occur between the
commencement of land disturbance and discharge authorization.
5. Late registration statements. Registration
statements for existing facilities covered under subdivision A 2 a of this
section will be accepted after the expiration date of this permit, but
authorization to discharge will not be retroactive. The VSMP authority,
department, board, and the EPA reserve the right to take enforcement action for
any unpermitted discharges that occur after existing permit coverage expires
and prior to coverage under this permit is approved.
B. Registration statement. The operator shall
submit a registration statement to the VSMP authority that contains the
following information:
1. Name, contact,
mailing address, telephone number, and email address if available of the
construction activity operator. No more than one operator may receive coverage
under each registration statement;
NOTE: General permit coverage will be issued to this operator, and the certification in subdivision 17 of this subsection shall be signed by the appropriate person associated with this operator as described in Part III K of 9VAC25-880-70.
2. Name and physical location address of the
construction activity, when available, to be covered under this general permit,
including city or county, and latitude and longitude in decimal degrees (six
digits - ten-thousandths place);
3.
A site map (in an 8.5 inch by 11 inch format) showing the location of the
existing or proposed land-disturbing activities for which the operator is
seeking permit coverage, the limits of land disturbance, construction
entrances, on-site support activities, and all water bodies receiving
stormwater discharges from the site;
4. If off-site support activities will be
used, the name and physical location address, when available, of all off-site
support activities, including city or county; latitude and longitude in decimal
degrees (six digits - ten-thousandths place); and whether or not the off-site
support activity will be covered under this general permit or a separate VPDES
permit;
5. If excavated material
(i.e., fill) will be transported off site for disposal, the name and physical
location address, when available, of all off-site excavated material disposal
areas, including city or county; latitude and longitude in decimal degrees (six
digits - ten-thousandths place); and the contents of the excavated
material;
6. Status of the
construction activity: federal, state, public, or private;
7. Nature of the construction activity (e.g.,
commercial, industrial, residential, agricultural, oil and gas,
etc.);
8. If stormwater management
plans for the construction activity have been approved by an entity with
department approved annual standards and specifications, the name of the entity
with the department approved annual standards and specifications. A copy of the
annual standard and specification entity form shall be submitted with the
registration statement;
9. If the
construction activity was previously authorized to discharge under the general
permit effective July 1, 2014, the date of erosion and sediment control plan
approval for the estimated area to be disturbed by the construction activity
during this permit term;
10. If the
construction activity was previously authorized to discharge under the general
permit effective July 1, 2014, whether land disturbance has
commenced;
11. Name of the
receiving waters and sixth order Hydrologic Unit Code (HUC);
12. If the discharge is through a municipal
separate storm sewer system (MS4), the name of the MS4 operator;
13. Estimated project start date and
completion date;
14. Total land
area of development and estimated area to be disturbed by the construction
activity during this permit term (to the nearest one-hundredth of an
acre);
15. Whether the area to be
disturbed by the construction activity is part of a larger common plan of
development or sale;
16. If
nutrient credits are to be used to demonstrate compliance with the water
quality technical criteria as allowed in
9VAC25-870-65 F, a letter of
availability from an appropriate nutrient bank that nonpoint source nutrient
credits are available;
17. A
stormwater pollution prevention plan (SWPPP) shall be prepared in accordance
with the requirements of the General VPDES Permit for Stormwater Discharges
from Construction Activities prior to submitting the registration statement. By
signing the registration statement, the operator certifies that the SWPPP has
been prepared; and
18. The
following certification: "I certify under penalty of law that I have read and
understand this registration statement and that this document and all
attachments were prepared in accordance with a system designed to assure that
qualified personnel properly gathered and evaluated the information submitted.
Based on my inquiry of the person or persons who manage the system or those
persons directly responsible for gathering the information, the information
submitted is to the best of my knowledge and belief true, accurate, and
complete. I am aware that there are significant penalties for submitting false
information including the possibility of fine and imprisonment for knowing
violations."
C. The
registration statement shall be signed in accordance with
9VAC25-880-70, Part III
K.
Notes
Statutory Authority: 62.1-44.15:25 and 62.1-44.15:28 of the Code of Virginia
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