Current through Register Vol. 41, No. 3, September 23, 2024
A. Requirements.
The operator of the construction activity shall submit a complete and accurate
notice of termination, unless a registration statement was not required to be
submitted in accordance with
9VAC25-880-50 A 1 c or A 2 b for a
stormwater discharge associated with a small construction activity of a
single-family detached residential structure, within or outside a common plan
of development or sale, to the VESMP authority after one or more of the
following conditions have been met:
1.
Necessary permanent control measures included in the SWPPP for the construction
site are in place and functioning effectively and final stabilization has been
achieved on all portions of the construction site for which the operator has
operational control. When applicable, long-term responsibility and maintenance
requirements for permanent control measures shall be recorded in the local land
records prior to the submission of a complete and accurate notice of
termination, and the construction record drawing prepared;
2. Another operator has assumed control over
all areas of the construction site that have not been finally stabilized and
obtained coverage for the ongoing discharge;
3. Coverage under an alternative VPDES permit
or other applicable permit has been obtained; or
4. For individual lots in residential
construction only, final stabilization as defined in
9VAC25-880-1 has been completed,
including providing written notification to the homeowner and incorporating a
copy of the notification and signed certification statement into the SWPPP, and
the residence has been transferred to the homeowner.
B. Notice of termination due date and
effective date.
1. The notice of termination
shall be submitted no later than 30 days after one of the conditions in
subsection A of this section is met.
2. Termination of authorization shall become
effective upon notification from the department that the provisions of
subdivision A 1 of this section have been met or 90 days after receipt of a
complete and accurate notice of termination, whichever occurs first, unless
otherwise notified by the VESMP authority or the department.
C. Notice of termination. The
complete notice of termination shall contain the following information:
1. Name, contact, mailing address, telephone
number, and email address, if available, of the construction activity
operator;
2. Name and physical
location address of the construction activity, when available, covered under
this general permit, including city or county, and latitude and longitude in
decimal degrees (six digits - ten-thousandths place);
3. The general permit registration
number;
4. The basis for submission
of the notice of termination, pursuant to subsection A of this
section;
5. Where applicable, a
list of the on-site and off-site permanent control measures (both structural
and nonstructural) that were installed to comply with the stormwater management
water quality and water quantity technical criteria. For each permanent control
measure that was installed, the following information shall be included:
a. The type of permanent control measure
installed and the date that it became functional as a permanent control
measure;
b. The location of the
permanent control measure, including city or county, and latitude and longitude
in decimal degrees;
c. The
receiving water to which the permanent control measures discharge;
and
d. The number of total and
impervious acres treated by the permanent control measures (to the nearest
one-hundredth of an acre);
6. Where applicable, the following
information related to participation in a regional stormwater management plan.
For each regional stormwater management facility, the following information
shall be included:
a. The type of regional
facility to which the site contributes;
b. The location of the regional facility,
including city or county, and latitude and longitude in decimal degrees;
and
c. The number of total and
impervious site acres treated by the regional facility (to the nearest
one-hundredth of an acre);
7. Where applicable, the following
information related to perpetual nutrient credits that were acquired in
accordance with §
62.1-44.15:35 of the Code of
Virginia:
a. The name of the nonpoint
nutrient credit generating entity from which perpetual nutrient credits were
acquired; and
b. The number of
perpetual nutrient credits acquired (pounds per acre per
year).
8. A construction
record drawing in a format as specified by the VESMP authority for long-term
stormwater management facilities in accordance with
9VAC25-875-535 appropriately sealed
and signed by a professional registered in the Commonwealth of Virginia,
certifying that the stormwater management facilities have been constructed in
accordance with the approved plan;
9. Where applicable, evidence that the signed
Stormwater Management Maintenance Agreement has been recorded in an instrument
within the local land records;
10.
For individual lots in residential construction only when the homebuilder
established temporary soil stabilization, a signed statement from the permittee
that the new owner, if not the same as the permittee, has been notified of the
final stabilization requirements; and
11. The following certification: "I certify
under penalty of law that I have read and understand this notice of termination
and that this document and all attachments were prepared in accordance with a
system designed to assure that qualified personnel properly gathered and
evaluated the information submitted. Based on my inquiry of the person or
persons who manage the system or those persons directly responsible for
gathering the information, the information submitted is to the best of my
knowledge and belief true, accurate, and complete. I am aware that there are
significant penalties for submitting false information including the
possibility of fine and imprisonment for knowing
violations."
D. The
notice of termination shall be signed in accordance with Part III K of
9VAC25-880-70.
E. Termination by the department. The
department may terminate coverage under this general permit during its term and
require application for an individual permit or deny a general permit renewal
application on its own initiative in accordance with the Virginia Erosion and
Stormwater Management Act (Article 2.3 (§
62.1-44.15:24 et seq.) of
Chapter 3.1 of Title 62.1 of the Code of Virginia), this chapter, and the
Virginia Erosion and Stormwater Management Regulation, 9VAC25-875.
Statutory Authority: §
62.1-44.15:25 of the Code of
Virginia.
