Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 25 - STATE WATER CONTROL BOARD
Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION
Part III - Permit Conditions
Section 9VAC25-31-250 - Schedules of compliance
Universal Citation: 9 VA Admin Code 25-31-250
Current through Register Vol. 41, No. 3, September 23, 2024
A. The permit may, when appropriate, specify a schedule of compliance leading to compliance with the law, the CWA, and regulations.
1.
Any schedules of compliance under this section shall require compliance as soon
as possible, but not later than the applicable statutory deadline under the
CWA.
2. The first VPDES permit
issued to a new source or a new discharger shall contain a schedule of
compliance only when necessary to allow a reasonable opportunity to attain
compliance with requirements issued or revised after commencement of
construction but less than three years before commencement of the relevant
discharge. For recommencing dischargers, a schedule of compliance shall be
available only when necessary to allow a reasonable opportunity to attain
compliance with requirements issued or revised less than three years before
recommencement of discharge.
3.
Schedules of compliance may be established in permits for existing sources
which are reissued or modified to contain new or more restrictive water
quality-based effluent limitations. The schedule may allow a reasonable period
of time for the discharger to attain compliance with the water quality-based
limitations.
4. Except as provided
in subdivision B 1 b of this section, if a permit establishes a schedule of
compliance which exceeds one year from the date of permit issuance, the
schedule shall set forth interim requirements and the dates for their
achievement.
a. The time between interim
dates shall not exceed one year, except that in the case of a schedule for
compliance with standards for sewage sludge use and disposal, the time between
interim dates shall not exceed six months.
b. If the time necessary for completion of
any interim requirement is more than one year and is not readily divisible into
stages for completion, the permit shall specify interim dates for the
submission of reports of progress toward completion of the interim requirements
and indicate a projected completion date.
5. The permit shall be written to require
that no later than 14 days following each interim date and the final date of
compliance, the permittee shall notify the department in writing of its
compliance or noncompliance with the interim or final requirements, or submit
progress reports if subdivision 4 b of this subsection is applicable.
B. A VPDES permit applicant or permittee may cease conducting regulated activities (by terminating of direct discharge for VPDES sources) rather than continuing to operate and meet permit requirements as follows:
1. If the permittee
decides to cease conducting regulated activities at a given time within the
term of a permit which has already been issued:
a. The permit may be modified to contain a
new or additional schedule leading to timely cessation of activities;
or
b. The permittee shall cease
conducting permitted activities before noncompliance with any interim or final
compliance schedule requirement already specified in the permit;
2. If the decision to cease
conducting regulated activities is made before issuance of a permit whose term
will include the termination date, the permit shall contain a schedule leading
to termination which will ensure timely compliance with applicable requirements
no later than the statutory deadline;
3. If the permittee is undecided whether to
cease conducting regulated activities, the department may issue or modify a
permit to contain two schedules as follows:
a. Both schedules shall contain an identical
interim deadline requiring a final decision on whether to cease conducting
regulated activities no later than a date which ensures sufficient time to
comply with applicable requirements in a timely manner if the decision is to
continue conducting regulated activities;
b. One schedule shall lead to timely
compliance with applicable requirements, no later than the statutory
deadline;
c. The second schedule
shall lead to cessation of regulated activities by a date which will ensure
timely compliance with applicable requirements no later than the statutory
deadline; and
d. Each permit
containing two schedules shall include a requirement that after the permittee
has made a final decision under subdivision 3 a of this subsection it shall
follow the schedule leading to compliance if the decision is to continue
conducting regulated activities, and follow the schedule leading to termination
if the decision is to cease conducting regulated activities; and
4. The applicant's or permittee's
decision to cease conducting regulated activities shall be evidenced by a firm
public commitment satisfactory to the department, such as a resolution of the
board of directors of a corporation.
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.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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