Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 25 - STATE WATER CONTROL BOARD
Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION
Part VII - Virginia Pollutant Discharge Elimination System (VPDES) Permits
Article 4 - Permit Conditions
Section 9VAC25-875-1060 - Schedules of compliance
Universal Citation: 9 VA Admin Code 9VAC25-875-1060
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 Virginia Erosion and Stormwater Management Act, 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 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 that are reissued or modified to contain new or
more restrictive water quality-based effluent limitations. The schedule may
allow a reasonable period of time, not to exceed the term of the permit, 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 that 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.
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 permit applicant or permittee may cease conducting regulated activities (by termination of direct discharge for 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
that 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 that 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 that 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 that 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,
the permittee 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 permit
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: § 62.1-44.15:28 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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