Current through Register Vol. 41, No. 3, September 23, 2024
A. Any owner
governed by this general permit is hereby authorized to discharge process
water, stormwater associated with this industrial activity, or commingled
discharges of these types to surface waters of the Commonwealth of Virginia
provided that:
1. The owner submits a
registration statement in accordance with
9VAC25-193-60, 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
9VAC25-193-70; and
4. 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;
2. The owner is proposing to discharge to
state waters specifically named in other board regulations that prohibit such
discharges;
3. The discharge 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 applicable TMDL approved prior to the term
of this general permit.
C. Compliance with this general permit
constitutes compliance, for purposes of enforcement, with §§ 301,
302, 306, 307, 318, 403, and 405(a) through 405(b) of the federal Clean Water
Act (33 USC §
1251 et seq.) and the State Water Control
Law, with the exceptions stated in
9VAC25-31-60. 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 its 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 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 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, 40 CFR, § 42 of the Clean Water Act, Parts 122, 123, and
124.
