Current through Register Vol. 41, No. 3, September 23, 2024
A. Any owner
governed by this general permit is hereby authorized to discharge to surface
waters within the Commonwealth of Virginia provided that:
1. The owner submits a registration
statement, if required to do so, in accordance with
9VAC25-120-70,
and that registration statement is accepted by the department;
2. The owner complies with the applicable
effluent limitations and other requirements of
9VAC25-120-80;
and
3. The department has not
notified the owner that the discharge is not eligible for coverage in
accordance with subsection B of this section.
B. The department will notify an owner that
the discharge is not eligible for coverage under this general 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
of the VPDES Permit Regulation;
2.
The owner is proposing to discharge within five miles upstream of a public
water supply intake or to state waters specifically named in other board
regulations which prohibit such discharges;
3. The owner is proposing to discharge to
surface waters where there are permitted central wastewater treatment
facilities reasonably available, as determined by the department;
4. The discharge violates or would violate
the antidegradation policy in the Water Quality Standards at
9VAC25-260-30;
or
5. 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 §§
301, 302, 306, 307, 318, 403, and 405 (a) through (b) of the federal Clean
Water Act 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,
including compliance with the Water Withdrawal Reporting (9VAC25-200) and the
Groundwater Withdrawal Regulations (9VAC25-610).
D. 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 department, which cannot extend beyond
the expiration date of the original permit. The permittee is authorized to
continue to discharge until such time as the department 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 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 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.
