9 Va. Admin. Code § 25-890-20 - Authorization to discharge
A. Any operator
covered by this general permit is authorized to discharge stormwater from the
small municipal separate storm sewer system (MS4) to surface waters of the
Commonwealth of Virginia provided that:
1. The
operator submits a complete and accurate registration statement in accordance
with 9VAC25-890-30 and that registration
statement is accepted by the department;
2. The operator submits any permit fees
required by Part XIII (9VAC25-870-700 et
seq.;
3. The operator complies with
the requirements of
9VAC25-890-40; and
4. The department has not notified the
operator that the discharge is ineligible for coverage in accordance with
subsection C of this section.
B. The operator is not authorized by this
general permit to discharge to surface waters specifically named in other board
regulations that prohibit such discharges.
C. 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
9VAC25-870-410 B;
2. The operator is proposing discharges to
surface waters specifically named in other board regulations that prohibit such
discharges; or
3. The operator
fails to implement BMPs to reduce pollutants to the maximum extent practicable
(MEP) standard to demonstrate progress toward meeting the water quality
requirements as listed in
9VAC25-31-220 D 1 a in accordance
with 9VAC25-31-220 K 2.
D. Nonstormwater discharges or
flows into the MS4 are authorized by this state permit and do not need to be
addressed in the MS4 program required under
9VAC25-890-40 Part I E 3 if:
1. The nonstormwater discharges or flows are
covered by a separate individual or general VPDES or state permit for
nonstormwater discharges;
2. The
individual nonstormwater discharges or flows have been identified by the
department as de minimis discharges that are not significant sources of
pollutants to surface waters and do not require a separate VPDES
permit;
3. The nonstormwater
discharges or flows are identified in this subdivision and have not been
identified by the operator or by the department as significant contributors of
pollutants to the MS4:
a. Water line flushing,
managed in a manner to avoid an instream impact;
b. Landscape irrigation;
c. Diverted stream flows;
d. Rising groundwaters;
e. Uncontaminated groundwater infiltration,
as defined at 40 CFR
35.2005(20);
f. Uncontaminated pumped
groundwater;
g. Discharges from
potable water sources managed in a manner to avoid instream impact;
h. Foundation drains;
i. Air conditioning condensation;
j. Irrigation water;
k. Springs;
l. Water from crawl space pumps;
m. Footing drains;
n. Lawn watering;
o. Individual residential car
washing;
p. Flows from riparian
habitats and wetlands;
q.
Dechlorinated freshwater swimming pool discharges managed in a manner to avoid
instream impact;
r. Street and
pavement wash waters that do not contain cleaning additives or are otherwise
managed in a manner to avoid instream impact;
s. Routine external building washdown
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;
t. Discharges or flows from emergency
firefighting activities;
u.
Discharges or flows of water for fire prevention or firefighting training
activities managed in a manner to avoid instream impact in accordance with
§
9.1-207.1 of the Code of
Virginia;
v. Discharges from
noncommercial fundraising car washes if the washing uses only biodegradable,
phosphate-free, water-based cleaners in accordance with §
15.2-2114.1 of the Code of
Virginia; or
w. Other activities
generating discharges identified by the department as not requiring VPDES
authorization.; or
4.
The immediate discharge of materials is necessary to protect life or property
as determined by fire department personnel or emergency management officials or
any discharge in accordance with
9VAC25-31-40. The operator shall
take, or ensure that the responsible party takes, all reasonable steps to
minimize or prevent any adverse effect on human health or the environment. This
state permit does not transfer liability for a spill itself from the party
responsible for the spill to the operator nor relieve the party responsible for
a spill from the reporting requirements of 40 CFR Part 117 and 40 CFR Part
302.
E. In the event the
operator is unable to meet certain conditions of this permit due to
circumstances beyond the operator's control, the operator shall submit a
written explanation of the circumstances that prevented state permit compliance
to the department in the annual report. Circumstances beyond the control of the
operator include abnormal climatic conditions; weather conditions that make
certain requirements unsafe or impracticable; or unavoidable equipment failures
caused by weather conditions or other conditions beyond the reasonable control
of the operator (operator error is not a condition beyond the control of the
operator). The failure to provide adequate program funding, staffing, or
equipment maintenance shall not be an acceptable explanation for failure to
meet state permit conditions. The department will determine, at its sole
discretion, whether the reported information will result in an enforcement
action.
F. Discharges that are
excluded from permitting requirements pursuant to
9VAC25-870-300 are exempted from
the regulatory requirements of this state permit.
G. For those portions of the MS4 engaging in
activities that are covered under a separate VPDES permit for discharges
associated with industrial activities, the permittee shall follow the
conditions established by the separate VPDES permit.
H. Upon termination of permit coverage for
those activities addressed in subsection G of this section, the discharges from
the outfalls previously authorized under the VPDES permit for stormwater
discharges associated with industrial activities shall meet the conditions of
this state permit provided it has been determined by the department that an
individual MS4 permit is not required.
I. Stormwater discharges from specific MS4
permittee activities that have been granted conditional exclusion for "no
exposure" of industrial activities and materials to stormwater under the
separate VPDES permitting program shall comply with this state permit unless a
separate VPDES permit is obtained. The department is responsible for
determining compliance with the conditional exclusion under the State Water
Control Law (Chapter 3.1 (§
62.1-44.2 et seq.) of Title 62.1
of the Code of Virginia) and attendant regulations.
J. Receipt of this general permit does not
relieve any permittee of the responsibility to comply with any other applicable
federal, state, or local statute, ordinance, or regulation.
K. Continuation of permit coverage.
1. Any permittee that was authorized to
discharge under the state permit effective November 1, 2018, and that submits a
complete registration statement on or before October 1, 2023, is authorized to
continue to discharge under the terms of the November 1, 2018, state permit
until such time as the department either:
a.
Issues coverage to the permittee under this state permit; or
b. Notifies the permittee that the discharge
is not eligible for coverage under this state permit.
2. When the permittee is not in compliance
with the conditions of the expiring or expired general permit, the department
may choose to do any or all of the following:
a. Initiate enforcement action based upon the
2018 general permit;
b. Issue a
notice of intent to deny coverage under the new general permit. If coverage
under the general permit is denied, the permittee would then be required to
cease the activities authorized by the continued general permit or be subject
to enforcement action for operating without a state permit;
c. Issue a new state permit with appropriate
conditions; or
Notes
Statutory Authority: § 62.1-44.15:28 of the Code of Virginia.
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