Current through Register Vol. 41, No. 3, September 23, 2024
A. Any operator
governed by this general permit is authorized to discharge to surface waters of
the Commonwealth of Virginia provided that:
1.
The operator submits a complete and accurate registration statement in
accordance with
9VAC25-880-50, unless not required,
and receives acceptance of the registration by the department;
2. The operator submits all permit fees,
including all outstanding permit maintenance fees, in accordance with
9VAC25-875-1290 et seq., unless not
required;
3. The operator complies
with the applicable requirements of
9VAC25-880-70;
4. The operator obtains approval of:
a. An erosion and sediment control plan from
the appropriate Virginia Erosion and Stormwater Management Program (VESMP)
authority or Virginia Erosion and Sediment Control Program (VESCP) authority,
unless the operator receives from the VESCP authority an "agreement in lieu of
a plan" as defined in
9VAC25-875-20 and
9VAC25-875-210, respectively, or an
erosion and sediment control plan in accordance with standards and
specifications approved by the department; and
b. Except as specified in
9VAC25-880-70 Part II B 3 b, a
stormwater management plan from the appropriate VESMP authority, unless the
operator receives from the VESMP authority an "agreement in lieu of a plan" as
defined in 9VAC25-875-20 or a stormwater
management plan in accordance with standards and specifications approved by the
department; and
5. The
department has not notified the operator that the discharge is not eligible for
coverage in accordance with subsection B of this section.
B. The department will notify an operator
that the discharge is not eligible for coverage under this general permit in
the event of any of the following:
1. The
operator is required to obtain an individual permit in accordance with
9VAC25-875-980 B;
2. The operator is proposing discharges to
surface waters specifically named in other board regulations that prohibit such
discharges;
3. The discharge
causes, may reasonably be expected to cause, or contributes to a violation of
water quality standards (9VAC25-260);
4. The discharge violates or would violate
the antidegradation policy in the Water Quality Standards (9VAC25-260-30); or
5. The discharge is not consistent with the
assumptions and requirements of an applicable TMDL approved prior to the term
of this general permit.
C. This general permit also authorizes
stormwater discharges from construction support activities located on-site or
off-site provided that:
1. The support
activity is directly related to a construction site that is required to have
general permit coverage for stormwater discharges;
2. The support activity is not a commercial
operation, nor does it serve multiple unrelated construction sites;
3. The support activity does not operate
beyond the completion of the last construction activity it supports;
4. The support activity is reported in the
registration statement at the time of general permit coverage or reported in a
modified registration statement once the need for the support activity is
known;
5. Appropriate control
measures are identified in a stormwater pollution prevention plan and
implemented to address the discharges from the support activity; and
6. All applicable state, federal, and local
approvals are obtained for the support activity.
D. Stormwater discharges from an off-site
construction support activity may be authorized under another state or VPDES
permit. Where stormwater discharges from an off-site construction support
activity are not authorized under this general permit, the land area of the
off-site construction support activity shall not be included in determining the
total land area of the construction site and estimated area to be disturbed
reported in the registration statement.
E. Discharges authorized by this general
permit may be commingled with other sources of stormwater that are not required
to be covered under a state permit, so long as the commingled discharge is in
compliance with this general permit. Discharges authorized by a separate state
or VPDES permit may be commingled with discharges authorized by this general
permit so long as all such discharges comply with all applicable state and
VPDES permit requirements.
F.
Authorized nonstormwater discharges. The following nonstormwater discharges
from construction activities are authorized by this general permit:
1. Discharges from emergency firefighting
activities;
2. Fire hydrant
flushings managed to avoid an instream impact;
3. Water used to wash vehicles or equipment,
provided no soaps, solvents, or detergents are used and the wash water is
filtered, settled, or similarly treated prior to discharge;
4. Water used to control dust that is
filtered, settled, or similarly treated prior to discharge;
5. Potable water, including uncontaminated
waterline flushings, managed in a manner to avoid an instream impact;
6. Routine external building wash down,
provided no soaps, solvents, or detergents are used, external building surfaces
do not contain hazardous substances, and the wash water is filtered, settled,
or similarly treated prior to discharge;
7. Pavement wash water, provided spills or
leaks of toxic or hazardous materials have not occurred, unless all spilled or
leaked material is removed prior to washing; soaps, solvents, or detergents are
not used; and the wash water is filtered, settled, or similarly treated prior
to discharge;
8. Uncontaminated air
conditioning or compressor condensate;
9. Uncontaminated groundwater or spring
water;
10. Foundation or footing
drains, provided flows are not contaminated with process materials such as
solvents or contaminated groundwater;
11. Uncontaminated, excavation dewatering,
including dewatering of trenches and excavations that are filtered, settled, or
similarly treated prior to discharge; and
12. Landscape irrigation.
G. Coverage under this general
permit does not relieve any operator of the responsibility to comply with any
other applicable federal, state, or local statute, ordinance, or
regulation.
H. Continuation of
general permit coverage.
1. Permit coverage
shall expire at the end of its term. However, expiring permit coverages are
automatically continued if an operator has submitted a complete registration
statement at least 90 days prior to the expiration date of the permit, or a
later submittal date established by the department and has paid all past due
general permit maintenance fees. The permittee is authorized to continue to
discharge until such time as the department either:
a. Issues coverage to the operator under this
general permit; or
b. Notifies the
operator that the discharge is not eligible for coverage under this general
permit.
2. When an
operator that was covered under the expiring or expired general permit has
violated 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 operator would then be required to cease
discharges authorized by the continued general permit coverage or be subject to
enforcement action for operating without a permit;
c. Issue an individual permit with
appropriate conditions; or
d. Take
other actions authorized by the Virginia Erosion and Stormwater Management
Regulation (9VAC25-875).
Statutory Authority: §
62.1-44.15:25 of the Code of
Virginia.
