Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 25 - STATE WATER CONTROL BOARD
Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION
Part V - Criteria and Requirements for Regulated Land-Disturbing Activities
Article 6 - Additional Criteria and Requirements for Land-Disturbing Activities by State Agencies and Federal Entities
Section 9VAC25-875-780 - Stormwater management permit applications
Universal Citation: 9 VA Admin Code 9VAC25-875-780
Current through Register Vol. 41, No. 3, September 23, 2024
A. Approval of a permit application (registration statement) for a land-disturbing activity by a state agency or federal entity shall be subject to the following conditions:
1. The state agency or federal
entity shall comply with all applicable requirements of the permit (9VAC25-880)
and shall certify that all land clearing, construction, land development, and
drainage will be done according to the permit.
2. The land development shall be conducted
only within the area specified in the approved plan and covered by the
permit.
3. No changes may be made
to a plan for which a permit has been issued without review and written
approval by the department.
4. The
department shall be notified at least one week prior to the preconstruction
meeting and at least one week prior to the commencement of land-disturbing
activity.
5. The department shall
conduct random inspections of the project to ensure compliance with the
permit.
6. The department shall
require inspections and reports from the state agency or federal entity
responsible for compliance with the permit and to determine if the measures
required in the permit provide effective stormwater management.
B. Compliance with the permit shall be subject to the following conditions:
1. Where inspection by the responsible state
agency or federal entity reveals deficiencies in carrying out a permitted
activity, the responsible state agency or federal entity shall ensure
compliance with the issued permit, permit conditions, and plan
specifications.
2. Where
inspections by department personnel reveal deficiencies in carrying out the
permit, the responsible state agency or federal entity shall be issued a notice
to comply, with corrective actions specified and the deadline within which the
work shall be performed.
3.
Whenever the Commonwealth or any of its state agencies fail to comply within
the time provided in a notice to comply, the director may petition the
secretary of a given secretariat or an agency head for a given state agency for
compliance. Where the petition does not achieve timely compliance, the director
shall bring the matter to the Governor for resolution.
4. Where compliance for a state agency will
require the appropriation of funds, the director shall cooperate with the
appropriate agency head in seeking such an appropriation; where the director
determines that an emergency exists, the director shall petition the Governor
for funds from the Civil Contingency Fund or other appropriate
source.
5. The department may also
seek compliance through other means specified in the State Water Control
Law.
Statutory Authority: § 62.1-44.15:28 of the Code of Virginia; Chapters 68 and 758 of the 2016 Acts of Assembly.
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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