9 Va. Admin. Code § 25-880-30

Current through Register Vol. 40, No. 22, June 17, 2024

Section 9VAC25-880-30 - [Effective 7/1/2024] Authorization to discharge

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).

9 Va. Admin. Code § 25-880-30

Amended, Virginia Register Volume 30, Issue 24, eff. 7/1/2014; Derived From Virginia Register Volume 30, Issue 2, eff. October 23, 2013; 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 40, Issue 16, eff. 7/1/2024.

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