Current through Register Vol. 41, No. 3, September 23, 2024
A.
Except in compliance with a permit issued by the department pursuant to the
Virginia Erosion and Stormwater Management Act, it shall be unlawful for any
person to 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 that discharges or causes or allows a discharge of stormwater into
or upon state waters from municipal separate storm sewer systems or
land-disturbing activities or that 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.
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 State
Water Control Law or regulations promulgated under the CWA or the State Water
Control Law;
2. When the permit
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 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 that 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 State Water Control Law and § 301(b)(1)(A) and
(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 9 b 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 subdivision 9 b is to be included in
the fact sheet to the permit under
9VAC25-875-1090.
Statutory Authority: §
62.1-44.15:28 of the Code of
Virginia; Chapters 68 and 758 of the 2016 Acts of
Assembly.
