Current through Register Vol. 41, No. 3, September 23, 2024
A. Any
owner governed by this general permit is hereby authorized to discharge process
wastewater and stormwater as described in
9VAC25-115-20
A to surface waters of the Commonwealth of Virginia provided that:
1. The owner files a registration statement,
in accordance with
9VAC25-115-40,
and that registration statement is accepted by the board;
2. The owner submits the required permit
fee;
3. The owner complies with the
applicable effluent limitations and other requirements of
9VAC25-115-50;
and
4. The owner has not been
notified by the board that the discharge is not eligible for coverage under
this permit in accordance with subsection B of this section.
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 permit in accordance with
9VAC25-31-170 B 3
of the VPDES Permit Regulation;
2.
The owner is proposing to discharge to state waters specifically named in other
board regulations that prohibit such discharges;
3. The owner is proposing to discharge annual
mass loadings of total nitrogen in excess of 2,300 pounds per year or of total
phosphorus in excess of 300 pounds per year;
4. The discharge would violate the
antidegradation policy stated in
9VAC25-260-30
of the Water Quality Standards; or
5. The discharge is not consistent with the
assumptions and requirements of an approved TMDL.
C. Conditional exclusion for no exposure to
stormwater. Any owner covered by this permit that becomes eligible for a no
exposure exclusion from stormwater permitting under
9VAC25-31-120
E may file a no exposure certification. Upon submission and acceptance by the
board of a complete and accurate no exposure certification, the permit
requirements for stormwater no longer apply. A no exposure certification must
be submitted to the board once every five years.
D. 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 permit
does not relieve any owner of the responsibility to comply with any other
applicable federal, state or local statute, ordinance or regulation.
E. Continuation of permit coverage.
1. Permit coverage shall expire at the end of
the applicable permit 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 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 amended general permit. If the general permit
coverage is denied, the owner would then be required to cease the discharges
authorized by the continued general permit coverage or be subject to
enforcement action for discharging 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.
