Current through Register Vol. 41, No. 3, September 23, 2024
A. Any owner
governed by this general permit is hereby authorized to discharge wastewater as
described in
9VAC25-194-20 to surface
waters of the Commonwealth of Virginia provided that:
1. The owner files a registration statement
in accordance with
9VAC25-194-60,
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
9VAC25-194-70;
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 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 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 would violate the
antidegradation policy in the Water Quality Standards at
9VAC25-260-30;
4. The discharge is not consistent with the
assumptions and requirements of an approved TMDL; or
5. The discharge is to surface waters where
there are central wastewater treatment facilities reasonably available, as
determined by the board.
C. Mobile vehicle wash owners shall operate
such that there is no discharge to surface waters and storm sewers unless they
have coverage under this permit.
D.
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.
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
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.
