Current through Register Vol. 41, No. 3, September 23, 2024
A. Except in
compliance with a VPDES permit, or another permit, issued by the department or
a general permit issued as a regulation adopted by the board or other entity
authorized by the board or department, it shall be unlawful for any person to:
1. Discharge into state waters sewage,
industrial wastes, other wastes, or any noxious or deleterious
substances;
2. Otherwise alter the
physical, chemical or biological properties of such state waters and make them
detrimental to the public health, or to animal or aquatic life, or to the use
of such waters for domestic or industrial consumption, or for recreation, or
for other uses; or
3. Discharge
stormwater into state waters from municipal separate storm sewer systems or
land disturbing activities.
B. Any person in violation of subsection A of
this section, who discharges or causes or allows a discharge of sewage,
industrial waste, other wastes or any noxious or deleterious substance into or
upon state waters; or who discharges or causes or allows a discharge that may
reasonably be expected to enter state waters in violation of subsection A of
this section shall notify the department of the discharge, immediately upon
discovery of the discharge but in no case later than 24 hours after said
discovery. A written report of the unauthorized discharge shall be submitted by
the owner, to the department, within five days of discovery of the discharge.
The written report shall contain:
1. A
description of the nature and location of the discharge;
2. The cause of the discharge;
3. The date on which the discharge
occurred;
4. The length of time
that the discharge continued;
5.
The volume of the discharge;
6. If
the discharge is continuing, how long it is expected to continue;
7. If the discharge is continuing, what the
expected total volume of the discharge will be; and
8. Any steps planned or taken to reduce,
eliminate and prevent a recurrence of the present discharge or any future
discharges not authorized by the permit.
Discharges reportable to the department under the immediate
reporting requirements of other regulations are exempted from this
requirement.
C.
No permit may be issued:
1. When the
conditions of the permit do not provide for compliance with the applicable
requirements of the CWA or the law, or regulations promulgated under the CWA or
the law;
2. When the applicant is
required to obtain a state or other appropriate certification under § 401
of the CWA and that certification has not been obtained or waived;
3. When the regional administrator has
objected to issuance of the permit;
4. When the imposition of conditions cannot
ensure compliance with the applicable water quality requirements of all
affected states;
5. When, in the
judgment of the Secretary of the Army, anchorage and navigation in or on any of
the waters of the United States would be substantially impaired by the
discharge;
6. For the discharge of
any radiological, chemical, or biological warfare agent or high-level
radioactive waste;
7. For any
discharge inconsistent with a plan or plan amendment approved under §
208(b) of the CWA;
8. For any
discharge to the territorial sea, the waters of the contiguous zone, or the
oceans in the following circumstances:
a.
Before the promulgation of guidelines under § 403(c) of the CWA (for
determining degradation of the waters of the territorial seas, the contiguous
zone, and the oceans) unless the board or department determines permit issuance
to be in the public interest; or
b.
After promulgation of guidelines under § 403(c) of the CWA, when
insufficient information exists to make a reasonable judgment whether the
discharge complies with them.
9. To a new source or a new discharger, if
the discharge from its construction or operation will cause or contribute to
the violation of water quality standards. The owner or operator of a new source
or new discharger proposing to discharge into a water segment which does not
meet applicable water quality standards or is not expected to meet those
standards even after the application of the effluent limitations required by
the law and §§ 301(b)(1)(A) and 301(b)(1)(B) of the CWA, and for
which the department has performed a pollutants load allocation for the
pollutant to be discharged, must demonstrate, before the close of the public
comment period, that:
a. There are sufficient
remaining pollutant load allocations to allow for the discharge; and
b. The existing dischargers into that segment
are subject to compliance schedules designed to bring the segment into
compliance with applicable water quality standards. The department may waive
the submission of information by the new source or new discharger required by
this subdivision if the department determines that it already has adequate
information to evaluate the request. An explanation of the development of
limitations to meet the criteria of this paragraph is to be included in the
fact sheet to the permit under
9VAC25-31-280.
Statutory Authority: § 62.1-44.15 of the Code of
Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123,
124, 403, and 503.
