Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part VII - Virginia Pollutant Discharge Elimination System (VPDES) Permits › Article 3 - Permit Applications › Section 9VAC25-875-920 - Application for a permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. Duty to
					 apply. Any person who discharges or proposes to discharge stormwater into or
					 upon state waters from municipal separate storm sewer systems or
					 land-disturbing activities and who does not have an effective permit, except
					 persons covered by general permits, excluded from the requirement for a permit
					 by this chapter, shall submit a complete application in accordance with this
					 section.
B. Who applies. When a
					 facility or activity is owned by one person but is operated by another person,
					 it is the operator's duty to obtain a permit.
C. Time to apply. Any person proposing a new
					 discharge shall submit an application at least 180 days before the date on
					 which the discharge is to commence, unless permission for a later date has been
					 granted by the department. Stormwater discharges from large construction
					 activities and stormwater discharges associated with small construction
					 activities shall submit applications at least 90 days before the date on which
					 construction is to commence. Different submittal dates may be required under
					 the terms of applicable general permits. Persons proposing a new discharge are
					 encouraged to submit their applications well in advance of the 90-day or
					 180-day requirements to avoid delay.
D. Duty to reapply. All permittees with a
					 currently effective permit shall submit a new application at least 180 days
					 before the expiration date of the existing permit unless permission for a later
					 date has been granted by the department. The department shall not grant
					 permission for applications to be submitted later than the expiration date of
					 the existing permit.
E.
					 Completeness. The department shall not issue a permit before receiving a
					 complete application for a permit except for general permits. An application
					 for a permit is complete when the department receives an application form and
					 any supplemental information which are completed to its satisfaction. The
					 completeness of any application for a permit shall be judged independently of
					 the status of any other permit application or permit for the same facility or
					 activity.
F. Information
					 requirements. All applicants for permits shall provide the following
					 information using the application form provided by the department:
1. The activities conducted by the permit
					 applicant which require it to obtain a permit;
2. Name, mailing address, and location of the
					 facility for which the application is submitted;
3. Up to four SIC codes which best reflect
					 the principal products or services provided by the facility;
4. The operator's name, address, telephone
					 number, email address, ownership status, and status as federal, state, private,
					 public, or other entity;
5. Whether
					 the facility is located on Indian lands;
6. A listing of all permits or construction
					 approvals received, applied for, or to be applied for under any of the
					 following programs:
a. Hazardous Waste
					 Management program under the Resource Conservation and Recovery Act (RCRA)
					 (42 USC §
														6921);
b. Underground Injection Control (UIC)
					 program under the Safe Drinking Water Act (SDWA) (42 USC §
														300h);
c. VPDES program under the CWA and the State
					 Water Control Law;
d. Prevention of
					 Significant Deterioration (PSD) program under the Clean Air Act (42 USC §
														4701 et seq.);
e. Nonattainment program under the Clean Air
					 Act (42 USC §
														4701 et seq.);
f. National Emission Standards for Hazardous
					 Pollutants (NESHAPS) preconstruction approval under the Clean Air Act
					 (42 USC §
														4701 et seq.);
g. Ocean dumping permits under the Marine
					 Protection Research and Sanctuaries Act (33 USC §
														14 et
					 seq.);
h. Dredge or fill permits
					 under § 404 of the CWA;
i. A
					 permit under the CWA and the Virginia Erosion and Stormwater Management Act;
					 and
j. Other relevant environmental
					 permits;
7. A
					 topographic map (or other map if a topographic map is unavailable) extending
					 one mile beyond the property boundaries of the source, that depicts: the
					 facility and (i) each of the source's intake and discharge structures; (ii)
					 each of the source's hazardous waste treatment, storage, or disposal
					 facilities; (iii) each well where fluids from the facility are injected
					 underground; and (iv) those wells, springs, other surface water bodies, and
					 drinking water wells listed in public records or otherwise known to the permit
					 applicant in the map area; and
8. A
					 brief description of the nature of the business.