Current through Register Vol. 41, No. 3, September 23, 2024
A. Any
owner of a treatment works governed by this general permit is hereby authorized
to discharge treated domestic sewage to surface waters of the Commonwealth of
Virginia provided that:
1. The owner submits a
registration statement, if required to do so, in accordance with
9VAC25-110-70
and that registration statement is accepted by the board. For an individual
single family dwelling, the owner shall submit a combined application in place
of a registration statement;
2. The
owner complies with the effluent limitations and other requirements of
9VAC25-110-80;
and
3. The board has not notified
the owner, in accordance with subsection B of this section, that the discharge
is not eligible for coverage under this permit.
B. The board will notify an owner that the
discharge is not eligible for coverage under this permit in the event of any of
the following:
1. The owner is required to
obtain an individual VPDES permit in accordance with
9VAC25-31-170 B 3
of the VPDES Permit Regulation;
2.
The owner is proposing to discharge to surface waters specifically named in
other board regulations that prohibit such discharges;
3. The owner is proposing to discharge to
surface waters in an area where there are central sewage facilities reasonably
available, as determined by the board;
4. The owner of any proposed treatment works
or any treatment works that has not previously been issued a VPDES permit has
applied to the Virginia Department of Health for an onsite sewage disposal
system permit, and the Virginia Department of Health has determined that an
onsite system is available to serve that parcel of land in accordance with the
criteria in 12VAC5-640;
5. The
discharge would violate the antidegradation policy stated in
9VAC25-260-30
of the Virginia Water Quality Standards; or
6. The discharge is not consistent with the
assumptions and requirements of an approved TMDL.
C. Compliance with this general permit
constitutes compliance, for purposes of enforcement, with the federal Clean
Water Act §§ 301, 302, 306, 307, 318, 403, and 405 (a) through (b),
and the State Water Control Law, with the exceptions stated in
9VAC25-31-60
of the VPDES Permit Regulation. Approval for coverage under this general VPDES
permit does not relieve any owner of the responsibility to comply with any
other applicable federal, state or local statute, ordinance or regulation,
including, for owners of sewage treatment works that serve individual single
family dwellings, the Alternative Discharging Sewage Treatment Regulations for
Individual Single Family Dwellings (12VAC5-640) of the Virginia Department of
Health adopted pursuant to §§
32.1-12,
32.1-163, and
32.1-164
of the Code of Virginia and, for owners of sewage treatment works that serve
buildings or dwellings other than individual single family dwellings, the
Sewage Collection and Treatment Regulations (9VAC25-790) adopted by the State
Water Control Board pursuant to §
62.1-44.19
of the Code of Virginia.
D.
Continuation of permit coverage.
1. Permit
coverage shall expire at the end of the applicable permit term. However,
expiring permit coverages are continued if the owner has submitted a complete
registration statement or, for an individual single family dwelling, a combined
application, 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. Where the expiring permit coverage was
originally based on automatic renewal as found in
9VAC25-110-70
A 2 b, such coverage is continued provided the owner continues to meet the
automatic renewal criteria. The permittee is authorized to continue to
discharge until such time as the board either:
a. Issues coverage to the owner under this
general permit; or
b. Notifies the
owner that the discharge is not eligible for coverage under this general
permit.
2. When the
owner that was covered under the expiring or expired general permit has
violated or is violating 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 owner would then be required to cease the
discharges authorized by the administratively continued 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 VPDES Permit Regulation (9VAC25-31).
Statutory Authority: §
62.1-44.15
of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122,
123, and 124.
