9 Va. Admin. Code § 25-880-1

Current through Register Vol. 40, No. 19, May 6, 2024

Section 9VAC25-880-1 - [Effective 7/1/2024] Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. For the purposes of this chapter, words and terms that are defined in 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) and the Virginia Erosion and Stormwater Management Regulation (9VAC25-875) shall have those meanings unless the context clearly indicates otherwise.

"Board" means the State Water Control Board. When used outside the context of the promulgation of regulations, including regulations to establish general permits, "board" means the Department of Environmental Quality.

"Business day" means Monday through Friday excluding state holidays.

"Commencement of land disturbance" means the initial disturbance of soils associated with clearing, grading, or excavating activities or other construction activities (e.g., stockpiling of fill material).

"Construction dewatering" means the act of draining or pumping stormwater or groundwater from building foundations, vaults, and trenches, or other similar points of accumulation, including from sediment basins or similar impoundments for maintenance or decommissioning purposes. Construction dewatering does not include temporary pumparounds associated with instream construction activities.

"Construction site" means the land or water area where any construction activity is physically located or conducted, including any adjacent land used or preserved in connection with the land-disturbing activity. The term "construction site" includes construction support activities located on-site or off-site.

"Construction support activity" means a construction-related activity that specifically supports construction and involves land disturbance or pollutant-generating activities of its own and can include activities associated with concrete or asphalt batch plants, equipment staging yards, materials storage areas, excavated material disposal areas, and borrow areas.

"Department" means the Department of Environmental Quality.

"Final stabilization" means that one of the following situations has occurred:

1. All soil-disturbing activities at the construction site have been completed and a permanent vegetative cover has been established on denuded areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until a ground cover is achieved that is uniform (e.g., evenly distributed), provides 75% or more vegetative cover with no significant bare areas, is mature enough to survive, and will inhibit erosion.

2. For individual lots in residential construction, final stabilization can occur by either:

a. The homebuilder completing stabilization as specified in subdivision 1 of this definition; or

b. The homebuilder establishing temporary soil stabilization, including perimeter controls for an individual lot prior to occupation of the home by the homeowner, and providing written notification to the homeowner of the need for, and benefits of, stabilization as specified in subdivision 1 of this definition. The homebuilder shall maintain a copy of the written notification and a signed statement certifying that the information was provided to the homeowner in accordance with the stormwater pollution prevention plan recordkeeping requirements as specified in Part II G 6 of 9VAC25-880-70.

3. For construction activities on land used for agricultural purposes, final stabilization may be accomplished by returning the disturbed area to its preconstruction agricultural use. Disturbed areas that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters, and areas that are not being returned to their preconstruction agricultural use shall meet the stabilization criteria specified in subdivision 1 or 2 of this definition.

"Immediately" means as soon as practicable, but no later than the end of the next business day, following the day when the construction activities have temporarily or permanently ceased. In the context of this general permit, "immediately" is used to define the deadline for initiating stabilization measures.

"Impaired waters" means surface waters identified as impaired on the 2022 § 305(b)/303(d) Water Quality Assessment Integrated Report.

"Infeasible" means not technologically possible or not economically practicable and achievable in light of best industry practices.

"Initiation of stabilization activities" means:

1. Prepping the soil for vegetative or nonvegetative stabilization;

2. Applying mulch or other nonvegetative product to the exposed area;

3. Seeding or planting the exposed area;

4. Starting any of the activities listed in subdivision 1, 2, or 3 of this definition on a portion of the area to be stabilized, but not on the entire area; or

5. Finalizing arrangements to have the stabilization product fully installed in compliance with the applicable deadline for completing stabilization.

This list is not exhaustive.

"Measurable storm event" means a rainfall event producing 0.25 inches of rain or greater over 24 hours or snow melt from a snow event producing 3.25 inches or more of snow within a 24-hour period.

"Qualified personnel" means a person knowledgeable in the principles and practices of erosion and sediment and stormwater management controls who possesses the skills to assess conditions at the construction site for the operator that could impact stormwater quality and quantity and to assess the effectiveness of any sediment and erosion control measures or stormwater management facilities selected to control the quality and quantity of stormwater discharges from the construction activity. On or after July 1, 2025, "qualified personnel" shall hold an unexpired Dual Inspector certification issued by the department; an unexpired Inspector for Erosion and Sediment Control certification and an unexpired Inspector for Stormwater Management certification, both issued by the department; a Construction General Permit Qualified Personnel Certificate issued by the department or the Virginia Department of Transportation; or an equivalent certification provided by EPA (currently titled Construction Inspection Training Course).

"Stabilized" means land that has been treated to withstand normal exposure to natural forces without incurring erosion damage.

9 Va. Admin. Code § 25-880-1

Derived From Virginia Register Volume 30, Issue 2, eff. October 23, 2013; Amended, Virginia Register Volume 30, Issue 13, eff. July 1, 2014; Amended, Virginia Register Volume 35, Issue 19, eff. 7/1/2019; Amended, Virginia Register Volume 39, Issue 4, eff. 11/9/2022; Amended, Virginia Register Volume 40, Issue 16, eff. 7/1/2024.

Statutory Authority: § 62.1-44.15:25 of the Code of Virginia.