Current through Register Vol. 41, No. 3, September 23, 2024
A. Any
owner governed by this general permit is hereby authorized to discharge to
surface waters of the Commonwealth of Virginia provided that:
1. The owner submits a registration statement
in accordance with
9VAC25-860-60 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
9VAC25-860-70; 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 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 violates or 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;
5. The facility is subject to the
requirements of
9VAC25-820-70 Part I G 1 (General
VPDES Watershed Permit Regulation for Total Nitrogen and Total Phosphorus
Discharges and Nutrient Trading in the Chesapeake Watershed in Virginia -
Requirement to Register); and
6. An
owner applying for coverage under this general permit submits the results of
representative whole effluent toxicity testing of the discharge, and the
results demonstrate that there is a reasonable potential for
toxicity.
C. 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.
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 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; § 402 of the Clean Water
Act.
