Current through Register Vol. 41, No. 3, September 23, 2024
A. Any owner
governed by this general permit is authorized to discharge process wastewater
and stormwater as described in
9VAC25-190-20 A 1 and 2 to surface
waters of the Commonwealth of Virginia provided that:
1. The owner submits a registration statement
in accordance with
9VAC25-190-60, and that
registration statement is accepted by the department;
2. The owner submits the required permit
fee;
3. The owner complies with the
applicable effluent limitations and other requirements of
9VAC25-190-70;
4. The owner has and maintains during such
authorization a mineral mining permit for the operation to be covered by this
general permit that has been approved by the Virginia Department of Energy,
Division of Mineral Mining (or an associated waivered program, locality, or
state agency) under provisions and requirements of Title 45.2 of the Code of
Virginia. Mineral mines located in bordering states with discharges in Virginia
shall provide documentation that they have a mining permit from the appropriate
state authority. Mineral mines owned and operated by governmental bodies not
subject to the provisions and requirements of Title 45.2 of the Code of
Virginia are exempt from this requirement; and
5. 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 3 of the Virginia
Pollutant Discharge Elimination System (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 discharge
violates or would violate the antidegradation policy in the water quality
standards at
9VAC25-260-30; or
4. The discharge is not consistent with the
assumptions and requirements of an approved total maximum daily load
(TMDL).
C. Compliance
with this general permit constitutes compliance for purposes of enforcement
with §§ 301, 302, 306, 307, 318, 403, and 405(a) and (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.
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 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 reissued general permit. If the general
permit coverage is denied, the owner would then be required to cease the
discharges authorized by the continued 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 federal Clean Water Act; 40 CFR Parts 122, 123, and
124.
