9 Va. Admin. Code § 25-880-60

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

Section 9VAC25-880-60 - [Effective 7/1/2024] Termination of general permit coverage

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.

9 Va. Admin. Code § 25-880-60

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.