reglab/statecodes huggingface dataset:
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 4 - Permit Conditions › Section 9VAC25-875-1010 - Additional conditions applicable to municipal separate storm sewer system permits

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to those conditions set forth in
						9VAC25-875-1000, the operator of a
						large or medium municipal separate storm sewer system or a municipal separate
						storm sewer that has been designated by the department under
						9VAC25-875-950 A 1 e must submit an
						annual report by a date specified in the permit for such system. As of the
						start date in Table 1 of
						9VAC25-31-1020, all reports
						submitted in compliance with this section shall be submitted electronically by
						the owner, operator, or the duly authorized representative of the MS4 to the
						department in compliance with this section and 40 CFR Part 3 (including, in all
						cases, 40 CFR Part 3 Subpart D),
						9VAC25-875-940, and Part XI
						(9VAC25-31-950 et seq.) of the
						Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation. Part
						XI of 9VAC25-31 is not intended to undo existing requirements for electronic
						reporting. Prior to this date, and independent of Part XI of 9VAC25-31, the
						owner, operator, or the duly authorized representative of the small MS4 may be
						required to report electronically if specified by a particular permit. The
						report shall include:
1. The status of
					 implementing the components of the stormwater management program that are
					 established as permit conditions;
2. Proposed changes to the stormwater
					 management programs that are established as permit conditions. Such proposed
					 changes shall be consistent with
					 9VAC25-875-950 C 2 d;
3. Revisions, if necessary, to the assessment
					 of controls and the fiscal analysis reported in the permit
					 application;
4. A summary of data,
					 including monitoring data, that is accumulated throughout the reporting
					 year;
5. Annual expenditures and
					 budget for year following each annual report;
6. A summary describing the number and nature
					 of enforcement actions, inspections, and public education programs;
					 and
7. Identification of water
					 quality improvements or degradation.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
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 4 - Permit Conditions › Section 9VAC25-875-1020 - Establishing permit conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A. In addition
					 to conditions required in all permits, the department shall establish
					 conditions, as required on a case-by-case basis, to provide for and ensure
					 compliance with all applicable requirements of the Virginia Erosion and
					 Stormwater Management Act, the State Water Control Law, the CWA, and attendant
					 regulations. These shall include conditions under
					 9VAC25-875-1050 (duration of
					 permits), 9VAC25-875-1060 (schedules of
					 compliance),
					 9VAC25-875-1030
					 (monitoring), electronic reporting
					 requirements of 40 CFR Part 3, and Part XI (9VAC25-31-950 et seq.) of the
					 Virginia Pollutant Discharge Elimination System (VPDES) Permit
					 Regulation.
B.
1. An applicable requirement is a state
					 statutory or regulatory requirement that takes effect prior to final
					 administrative disposition of a permit. An applicable requirement is also any
					 requirement that takes effect prior to the modification or revocation and
					 reissuance of a permit to the extent allowed in Article 6 (9VAC25-875-1210 et seq.) of this
					 part.
2. New or reissued permits,
					 and to the extent allowed under Article 6 of this part modified or revoked and
					 reissued permits, shall incorporate each of the applicable requirements
					 referenced in
					 9VAC25-875-1030 and
					 9VAC25-875-1040.
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 4 - Permit Conditions › Section 9VAC25-875-1030 - Establishing limitations, standards, and other permit conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
					 addition to the conditions established under
					 9VAC25-875-1020 A, each permit
					 shall include conditions meeting the following requirements when applicable.
1. Technology-based effluent limitations and
					 standards based on effluent limitations and standards promulgated under §
					 301 of the CWA, on new source performance standards promulgated under §
					 306 of CWA, on case-by-case effluent limitations determined under §
					 402(a)(1) of CWA, or a combination of the three. For new sources or new
					 dischargers, these technology-based limitations and standards are subject to
					 the provisions of
					 9VAC25-875-990 B (protection
					 period).
2. The department may
					 authorize a discharger subject to technology-based effluent limitations
					 guidelines and standards in a permit to forgo sampling of a pollutant found at
					 40 CFR Subchapter N if the discharger has demonstrated through sampling and
					 other technical factors that the pollutant is not present in the discharge or
					 is present only at background levels from intake water and without any increase
					 in the pollutant due to activities of the discharger. This waiver is good only
					 for the term of the permit and is not available during the term of the first
					 permit issued to a discharger. Any request for this waiver must be submitted
					 when applying for a reissued permit or modification of a reissued permit. The
					 request must demonstrate through sampling or other technical information,
					 including information generated during an earlier permit term, that the
					 pollutant is not present in the discharge or is present only at background
					 levels from intake water and without any increase in the pollutant due to
					 activities of the discharger. Any grant of the monitoring waiver must be
					 included in the permit as an express permit condition, and the reasons
					 supporting the grant must be documented in the permit's fact sheet or statement
					 of basis. This provision does not supersede certification processes and
					 requirements already established in existing effluent limitations guidelines
					 and standards.
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 4 - Permit Conditions › Section 9VAC25-875-1040 - Calculating permit conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Permit
					 effluent limitations, monitoring requirements, standards and prohibitions shall
					 be established for each outfall or discharge point of the permitted facility,
					 except as otherwise provided under
					 9VAC25-875-1030.
B. All permit effluent limitations,
					 standards, or prohibitions for a metal shall be expressed in terms of total
					 recoverable metal as defined in 40 CFR Part 136 unless:
1. An applicable effluent standard or
					 limitation has been promulgated under the CWA and specifies the limitation for
					 the metal in the dissolved or valent or total form; or
2. In establishing permit limitations on a
					 case-by-case basis under 40
					 CFR 125.3, it is necessary to express the
					 limitation on the metal in the dissolved or valent or total form to carry out
					 the provisions of the CWA, Virginia Erosion and Stormwater Management Act, and
					 the State Water Control Law; or
3.
					 All approved analytical methods for the metal inherently measure only its
					 dissolved form (e.g., hexavalent chromium).
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 4 - Permit Conditions › Section 9VAC25-875-1050 - Duration of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Permits
					 shall be effective for a fixed term not to exceed five years.
B. Except as provided in
					 9VAC25-875-890, the term of a
					 permit shall not be extended by modification beyond the maximum duration
					 specified in this section.
C. The
					 department may issue any permit for a duration that is less than the full
					 allowable term under this section.
D. A permit may be issued to expire on or
					 after the statutory deadline set forth in § 301(b)(2)(A), (C), and (E) of
					 the CWA, if the permit includes effluent limitations to meet the requirements
					 of § 301(b)(2)(A), (C), (D), (E), and (F) of the CWA, whether or not
					 applicable effluent limitations guidelines have been promulgated or
					 approved.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
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 4 - Permit Conditions › Section 9VAC25-875-1060 - Schedules of compliance

Current through Register Vol. 40, No. 24, July 15, 2024
A. The permit
					 may, when appropriate, specify a schedule of compliance leading to compliance
					 with the Virginia Erosion and Stormwater Management Act, the CWA, and
					 regulations.
1. Any schedules of compliance
					 under this section shall require compliance as soon as possible but not later
					 than the applicable statutory deadline under the CWA.
2. The first permit issued to a new source or
					 a new discharger shall contain a schedule of compliance only when necessary to
					 allow a reasonable opportunity to attain compliance with requirements issued or
					 revised after commencement of construction but less than three years before
					 commencement of the relevant discharge. For recommencing dischargers, a
					 schedule of compliance shall be available only when necessary to allow a
					 reasonable opportunity to attain compliance with requirements issued or revised
					 less than three years before recommencement of discharge.
3. Schedules of compliance may be established
					 in permits for existing sources that are reissued or modified to contain new or
					 more restrictive water quality-based effluent limitations. The schedule may
					 allow a reasonable period of time, not to exceed the term of the permit, for
					 the discharger to attain compliance with the water quality-based
					 limitations.
4. Except as provided
					 in subdivision B 1 b of this section, if a permit establishes a schedule of
					 compliance that exceeds one year from the date of permit issuance, the schedule
					 shall set forth interim requirements and the dates for their achievement.
a. The time between interim dates shall not
					 exceed one year.
b. If the time
					 necessary for completion of any interim requirement is more than one year and
					 is not readily divisible into stages for completion, the permit shall specify
					 interim dates for the submission of reports of progress toward completion of
					 the interim requirements and indicate a projected completion date.
5. The permit shall be written to
					 require that no later than 14 days following each interim date and the final
					 date of compliance, the permittee shall notify the department in writing of its
					 compliance or noncompliance with the interim or final requirements or submit
					 progress reports if subdivision 4 b of this subsection is applicable.
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 5 - Public Involvement › Section 9VAC25-875-1070 - Draft permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Once an
					 application for an individual permit is complete, the department shall
					 tentatively decide whether to prepare a draft individual permit or to deny the
					 application.
B. If the department
					 tentatively decides to deny the individual permit application, the owner shall
					 be advised of that decision and of the changes necessary to obtain approval.
					 The owner may withdraw the application prior to department action. If the
					 application is not withdrawn or modified to obtain the tentative approval to
					 issue, the department shall provide public notice and opportunity for a public
					 hearing prior to department action on the application.
C. If the department tentatively decides to
					 issue a general permit, a draft general permit shall be prepared under
					 subsection D of this section.
D. If
					 the department decides to prepare a draft permit, the draft permit shall
					 contain the following information:
1. All
					 conditions under
					 9VAC25-875-1000 and
					 9VAC25-875-1020;
2. All compliance schedules under
					 9VAC25-875-1060;
3. All monitoring requirements under
					 9VAC25-875-1030; and
4. Effluent limitations, standards,
					 prohibitions, and conditions under
					 9VAC25-875-1000,
					 9VAC25-875-1010, and
					 9VAC25-875-1030, and all variances
					 that are to be included.
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 5 - Public Involvement › Section 9VAC25-875-1080 - Statement of basis

Current through Register Vol. 40, No. 24, July 15, 2024
A statement of basis shall be prepared for every draft
						permit for which a fact sheet under
						9VAC25-875-1090 is not prepared.
						The statement of basis shall briefly describe the derivation of the conditions
						of the draft permit and the reasons for them or, in the case of notices of
						intent to deny or terminate, reasons supporting the tentative decision. The
						statement of basis shall be sent to the permit applicant and, on request, to
						any other person.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
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 5 - Public Involvement › Section 9VAC25-875-1100 - Public notice of draft permit actions and public comment period

Current through Register Vol. 40, No. 24, July 15, 2024
A. Scope.
1. The department shall give public notice
					 that the following actions have occurred:
a.
					 A draft permit has been prepared under
					 9VAC25-875-1070 D;
b. A public hearing has been scheduled under
					 9VAC25-875-1120; or
c. A new source determination has been made
					 under 9VAC25-875-990.
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 5 - Public Involvement › Section 9VAC25-875-1110 - Public comments and requests for public hearings

Current through Register Vol. 40, No. 24, July 15, 2024
During the public comment period provided under
						9VAC25-875-1100, any interested
						person may submit written comments on the draft permit and may request a public
						hearing, if no public hearing has already been scheduled. A request for a
						public hearing shall be in writing and shall meet the requirements of
						9VAC25-875-1120 and
						9VAC25-875-1130. All comments shall
						be considered in making the final decision and shall be answered as provided in
						9VAC25-875-1160.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
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 5 - Public Involvement › Section 9VAC25-875-1120 - Public hearings

Current through Register Vol. 40, No. 24, July 15, 2024
A.
1. Procedures for public hearings and permits
					 before the department are those set forth in
					 9VAC25-875-1130.
2. Public notice of the public hearing shall
					 be given as specified in
					 9VAC25-875-1100.
3. Any public hearing convened pursuant to
					 this section shall be held in the geographical area of the proposed discharge,
					 or in another appropriate area. Related groups of individual permit
					 applications may be considered at any such public hearing.
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 5 - Public Involvement › Section 9VAC25-875-1130 - Criteria for requesting and granting a public hearing in a permit action

Current through Register Vol. 40, No. 24, July 15, 2024
A. During
					 the public comment period on a permit action in those instances where a public
					 hearing is not mandatory under state or federal law or regulation, interested
					 persons may request a public hearing to contest the action or terms and
					 conditions of the permit.
B.
					 Requests for a public hearing shall contain the following information:
1. The name and postal mailing or email
					 address of the requester;
2. The
					 names and addresses of all persons for whom the requester is acting as a
					 representative;
3. The reason for
					 the request for a public hearing;
4. A brief, informal statement setting forth
					 the factual nature and extent of the interest of the requester or of the
					 persons for whom the requester is acting as representative in the application
					 or tentative determination, including an explanation of how and to what extent
					 such interest would be directly and adversely affected by the issuance, denial,
					 modification, or revocation of the permit in question; and
5. Where possible, specific references to the
					 terms and the conditions of the permit in question, together with suggested
					 revisions and alterations to those terms and conditions that the requester
					 considers are needed to conform the permit to the intent and provisions of the
					 basic laws of the State Water Control Board.
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 5 - Public Involvement › Section 9VAC25-875-1140 - Controversial permits

Current through Register Vol. 40, No. 24, July 15, 2024
Before rendering a final decision on a controversial
						permit, the department shall publish a summary of public comments received
						during the applicable public comment period and public hearing. After such
						publication, the department shall publish responses to the public comment
						summary and hold a public hearing to provide an opportunity for individuals who
						previously commented, either at a public hearing or in writing during the
						applicable public comment period, to respond to the department's public comment
						summary and response. No new information will be accepted at that time. In
						making its decision, the department shall consider (i) the verbal and written
						comments received during the comment period and the public hearing made part of
						the record, (ii) any commentary of the board, and (iii) the agency
						files.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
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 5 - Public Involvement › Section 9VAC25-875-1150 - Controversial permits reporting

Current through Register Vol. 40, No. 24, July 15, 2024
At each regular meeting of the board, the department
						shall provide an overview and update regarding any controversial permits
						pending before the department that are relevant. Immediately after such
						presentation by the department, the board shall have an opportunity to respond
						to the department's presentation and provide commentary regarding such pending
						permits.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
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 5 - Public Involvement › Section 9VAC25-875-1160 - Response to comments

Current through Register Vol. 40, No. 24, July 15, 2024
A. At the
					 time that a final individual or general permit is issued, the department shall
					 issue a response to comments. This response shall:
1. Specify which provisions, if any, of the
					 draft individual or general permit have been changed in the final individual or
					 general permit decision, and the reasons for the change; and
2. Briefly describe and respond to all
					 significant comments on the draft permit raised during the public comment
					 period, or during any public hearing.
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 5 - Public Involvement › Section 9VAC25-875-1170 - Conditions requested by the Corps of Engineers and other government agencies

Current through Register Vol. 40, No. 24, July 15, 2024
A. If
					 during the comment period for a draft permit, the district engineer advises the
					 department in writing that anchorage and navigation of any of the waters of the
					 United States would be substantially impaired by the granting of an individual
					 or general permit, the individual or general permit shall be denied and the
					 individual permit applicant so notified. If the district engineer advises the
					 department that imposing specified conditions upon the individual or general
					 permit is necessary to avoid any substantial impairment of anchorage or
					 navigation, then the department shall include the specified conditions in the
					 individual or general permit. Review or appeal of denial of an individual or
					 general permit or of conditions specified by the district engineer shall be
					 made through the applicable procedures of the U.S Army Corps of Engineers and
					 may not be made through the procedures provided in this part. If the conditions
					 are stayed by a court of competent jurisdiction or by applicable procedures of
					 the U.S Army Corps of Engineers, those conditions shall be considered stayed in
					 the individual or general permit for the duration of that stay.
B. If during the comment period the U.S. Fish
					 and Wildlife Service, the National Marine Fisheries Service, or any other state
					 or federal agency with jurisdiction over fish, wildlife, or public health
					 advises the department in writing that the imposition of specified conditions
					 upon the individual or general permit is necessary to avoid substantial
					 impairment of fish, shellfish, or wildlife resources, the department may
					 include the specified conditions in the individual or general permit to the
					 extent they are determined necessary to carry out the provisions of this
					 regulation, the State Water Control Law, and the CWA.
C. In appropriate cases the department may
					 consult with one or more of the agencies referred to in this section before
					 issuing a draft permit and may reflect their views in the statement of basis,
					 the fact sheet, or the draft permit.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
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 5 - Public Involvement › Section 9VAC25-875-1180 - Decisions on variances

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department may grant or deny requests for variances requested pursuant to
					 9VAC25-875-920 G 4, subject to EPA
					 objection. Decisions on these variances shall be made according to the criteria
					 of 40 CFR Part 125 , Subpart H.
B.
					 The department may deny, or forward to the regional administrator with a
					 written concurrence, or submit to EPA without recommendation a completed
					 request for:
1. A variance based on the
					 economic capability of the individual permit applicant submitted pursuant to
					 9VAC25-875-920 G 2; or
2. A variance based on water quality related
					 effluent limitations submitted pursuant to
					 9VAC25-875-920 G 3.
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 5 - Public Involvement › Section 9VAC25-875-1190 - Appeals of variances

Current through Register Vol. 40, No. 24, July 15, 2024
When the department issues an individual permit on which
						EPA has made a variance decision, separate appeals of the individual permit and
						of the EPA variance decision are possible.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
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 5 - Public Involvement › Section 9VAC25-875-1200 - Computation of time

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any time
					 period scheduled to begin on the occurrence of an act or event shall begin on
					 the day after the act or event.
B.
					 Any time period scheduled to begin before the occurrence of an act or event
					 shall be computed so that the period ends on the day before the act or
					 event.
C. If the final day of any
					 time period falls on a weekend or legal holiday, the time period shall be
					 extended to the next working day.
D. Whenever a party or interested person has
					 the right or is required to act within a prescribed period after the service of
					 notice or other paper upon the party or interested person by mail or by
					 electronic or postal delivery, three days shall be added to the prescribed
					 time.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
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 6 - Transfer, Modification, Revocation and Reissuance, and Termination of Permits › Section 9VAC25-875-1220 - Transfer of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except
					 as provided in subsection B of this section, a permit may be transferred by the
					 permittee to a new owner or operator only if the permit has been modified or
					 revoked and reissued, or a minor modification made, to identify the new
					 permittee and incorporate such other requirements as may be necessary under the
					 Virginia Erosion and Stormwater Management Act and the CWA.
B. Automatic transfers. As an alternative to
					 transfers under subsection A of this section, any permit may be automatically
					 transferred to a new permittee if:
1. The
					 current permittee notifies the department at least 30 days in advance of the
					 proposed transfer date in subdivision 2 of this subsection;
2. The notice includes a written agreement
					 between the existing and new permittees containing a specific date for transfer
					 of permit responsibility, coverage, and liability between them; and
3. The department does not notify the
					 existing permittee and the proposed new permittee of its intent to modify or
					 revoke and reissue the permit. A modification under this subdivision may also
					 be a minor modification. If this notice is not received, the transfer is
					 effective on the date specified in the agreement mentioned in subdivision 2 of
					 this subsection.
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 6 - Transfer, Modification, Revocation and Reissuance, and Termination of Permits › Section 9VAC25-875-1240 - Minor modifications of individual permits

Current through Register Vol. 40, No. 24, July 15, 2024
Upon the consent of the permittee, the department may
						modify an individual permit to make the corrections or allowances for changes
						in the permitted activity listed in this section, without following the
						procedures of Article 5 (9VAC25-875-1070 et seq.) of this
						part. Any individual permit modification not processed as a minor modification
						under this section must be made for cause and with draft permit and public
						notice. Minor modifications may only:
1. Correct typographical errors;
2. Require more frequent monitoring or
					 reporting by the permittee;
3.
					 Change an interim compliance date in a schedule of compliance, provided the new
					 date is not more than 120 days after the date specified in the existing
					 individual permit and does not interfere with attainment of the final
					 compliance date requirement;
4.
					 Allow for a change in ownership or operational control of a facility where the
					 department determines that no other change in the individual permit is
					 necessary, provided that a written agreement containing a specific date for
					 transfer of individual permit responsibility, coverage, and liability between
					 the current and new individual permittees has been submitted to the
					 department;
5.
a. Change the construction schedule for a
					 discharger that is a new source. No such change shall affect a discharger's
					 obligation to have all pollution control equipment installed and in operation
					 prior to discharge; or
b. Delete a
					 point source outfall when the discharge from that outfall is terminated and
					 does not result in discharge of pollutants from other outfalls except in
					 accordance with permit limits; or
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 6 - Transfer, Modification, Revocation and Reissuance, and Termination of Permits › Section 9VAC25-875-1250 - Termination of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 following are causes for terminating a permit during the permit's term or for
					 denying an individual permit or coverage under a general permit renewal
					 application after notice and opportunity for a hearing by the department.
1. The permittee has violated any regulation
					 of the board or order of the department, any order of the VESMP authority, any
					 provision of the State Water Control Law or this chapter, or any order of a
					 court, where such violation results in the unreasonable degradation of
					 properties, water quality, stream channels, and other natural resources, or the
					 violation is representative of a pattern of serious or repeated violations that
					 in the opinion of the department, demonstrates the permittee's disregard for or
					 inability to comply with applicable laws, regulations, permit conditions,
					 orders, rules, or requirements;
2.
					 Noncompliance by the permittee with any condition of the permit;
3. The permittee's failure to disclose fully
					 all relevant material facts, or the permittee's misrepresentation of any
					 relevant material facts in applying for a permit or in any other report or
					 document required under the State Water Control Law or this chapter;
4. A determination that the permitted
					 activity endangers human health or the environment and can only be regulated to
					 acceptable levels by permit modification or termination;
5. A change in any condition that requires
					 either a temporary or permanent reduction or elimination of any discharge
					 controlled by the permit;
6. The
					 activity for which the permit was issued causes unreasonable degradation of
					 properties, water quality, stream channels, and other natural resources;
					 or
7. There exists a material
					 change in the basis on which the permit was issued that requires either a
					 temporary or a permanent reduction or elimination of any discharge or
					 land-disturbing activity controlled by the permit necessary to prevent
					 unreasonable degradation of properties, water quality, stream channels, and
					 other natural resources.
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 7 - Enforcement of Permits › Section 9VAC25-875-1260 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department may enforce the provisions of this chapter by:
1. Issuing directives in accordance with the
					 State Water Control Law;
2. Issuing
					 special orders in accordance with the State Water Control Law;
3. Issuing emergency special orders in
					 accordance with the State Water Control Law;
4. Seeking injunction, mandamus, or other
					 appropriate remedy as authorized by the State Water Control Law;
5. Seeking civil penalties under the State
					 Water Control Law; or
6. Seeking
					 remedies under the State Water Control Law or the CWA or under other laws,
					 including the common law.
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 8 - Miscellaneous › Section 9VAC25-875-1270 - Transition

Current through Register Vol. 40, No. 24, July 15, 2024
Upon the effective date of this chapter the following
						will occur:
1. All applications
					 received after the effective date of this chapter will be processed in
					 accordance with these procedures.
2. Permits issued by the Soil and Water
					 Conservation Board allowing the discharge of stormwater into surface waters
					 from municipal separate storm sewer systems or land-disturbing activities that
					 have not expired or been revoked or terminated before or on the program
					 transfer date to the department shall continue to remain in effect until their
					 specified expiration dates.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
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 8 - Miscellaneous › Section 9VAC25-875-1280 - Operators shall comply with the electronic reporting requirements set forth in Part XI of 9VAC25-31

Current through Register Vol. 40, No. 24, July 15, 2024
Operators shall comply with the electronic reporting
						requirements set forth in Part XI of 9VAC25-31.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part VIII - Fees › Section 9VAC25-875-1300 - Authority

Current through Register Vol. 40, No. 24, July 15, 2024
The authority for this part is §§
										62.1-44.15:28 and
					 62.1-44.15:31 of the Code of
					 Virginia.
Statutory Authority: §
												62.1-44.15:28 of the Code of
						Virginia; Chapters 68 and 758 of the 2016 Acts of
						Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part VIII - Fees › Section 9VAC25-875-1310 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This part
				  applies to:
1. All persons seeking coverage
				  of a MS4 under a new permit. The fee due shall be as specified under
				  9VAC25-875-1380.
2. All operators who request that an existing
				  MS4 individual permit be modified, except as specifically exempt under
				  9VAC25-875-1320. The fee due shall
				  be as specified under
				  9VAC25-875-1390.
3. All persons seeking coverage under the
				  General VPDES Permit for Discharges of Stormwater from Construction Activities
				  or a person seeking an Individual VPDES Permit for Discharges of Stormwater
				  from Construction Activities. The fee due shall be as specified under
				  9VAC25-875-1400.
4. All permittees who request modifications
				  to or transfers of their existing registration statement for coverage under a
				  General VPDES Permit for Discharges of Stormwater from Construction Activities
				  or of an Individual VPDES Permit for Discharges of Stormwater from Construction
				  Activities. The fee due shall be as specified under
				  9VAC25-875-1410 in addition to any
				  additional fees necessary pursuant to
				  9VAC25-875-1400 due to an increase
				  in acreage.
5. Reinspection fees
				  assessed by the department to recoup the costs associated with each visit to a
				  land-disturbing project site that was necessary to check on the status of
				  project site items noted to be in noncompliance and documented as such on a
				  prior project inspection. The fee due shall be as specified under
				  9VAC25-875-1370.
6. Business transaction costs assessed
				  associated with processing credit card payments.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part VIII - Fees › Section 9VAC25-875-1320 - Exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. No permit
				  application fees will be assessed to:
1.
				  Permittees who request minor modifications to permits as defined in
				  9VAC25-875-20 or other minor
				  amendments at the discretion of the VESMP authority.
2. Permittees whose permits are modified or
				  amended at the request of the VESMP authority or department. This does not
				  include errors in the registration statement identified by the VESMP authority
				  or department or errors related to the acreage of the site.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part VIII - Fees › Section 9VAC25-875-1330 - Due dates for permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Requests for
				  a permit, permit modification, or general permit coverage shall not be
				  processed until the fees required pursuant to this part are paid in accordance
				  with 9VAC25-875-1340.
B. Individual permit or general permit
				  coverage maintenance fees shall be paid annually to the department or the VESMP
				  authority, as applicable. No permit will be reissued or automatically continued
				  without payment of the required fee. Individual permit or general permit
				  coverage maintenance fees shall be applied until a notice of termination is
				  effective.
Permit maintenance fees for MS4 individual permits or MS4
					 general permit coverages are due by October 1 of each year. Effective April 1,
					 2014, any operator whose permit or general permit coverage, including operators
					 whose permits or general permit coverages have been administratively continued,
					 is effective as of April 1 of any given year shall pay the permit maintenance
					 fee or fees to the department or the VESMP authority by October 1 of that same
					 year.
Permit maintenance fees for discharges of stormwater from
					 construction activities pursuant to
					 9VAC25-875-1420 are due by April 1
					 of each year. After approval of a VESMP authority, including the department
					 when acting in that capacity, any owner whose permit or general permit coverage
					 authorizing discharges of stormwater from construction activities, including
					 owners whose permits or general permit coverages have been administratively
					 continued, is effective as of the effective date of the VESMP authority shall
					 pay the permit maintenance fee or fees to the department or the VESMP authority
					 by April 1 of that same year.
Statutory Authority: §
												62.1-44.15:28 of the Code of
						Virginia; Chapters 68 and 758 of the 2016 Acts of
						Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part VIII - Fees › Section 9VAC25-875-1340 - Method of payment

Current through Register Vol. 40, No. 24, July 15, 2024
A. Fees shall be
				  collected utilizing, where practicable, an online payment system. Until such
				  system is operational, fees, as applicable, shall be, at the discretion of the
				  department, submitted electronically or be paid by check, draft, or postal
				  money order payable to:
1. The Treasurer of
				  Virginia for a MS4 individual or general permit or for a coverage issued by the
				  department under the General VPDES Permit for Discharges of Stormwater from
				  Construction Activities or Individual VPDES Permit for Discharges of Stormwater
				  from Construction Activities and must be in United States currency, except that
				  agencies and institutions of the Commonwealth of Virginia may submit
				  interagency transfers for the amount of the fee. The department may provide a
				  means to pay fees electronically. Fees not submitted electronically shall be
				  sent to the Virginia Department of Environmental Quality.
2. The VESMP authority, for VESMP operational
				  costs of the VESMP authority under the General VPDES Permit for Discharges of
				  Stormwater from Construction Activities, and must be in United States
				  currency.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part VIII - Fees › Section 9VAC25-875-1350 - Incomplete and late payments

Current through Register Vol. 40, No. 24, July 15, 2024
All incomplete payments will be deemed as nonpayments. The
					 department or the VESMP authority, as applicable, shall provide notification to
					 the applicant of any incomplete payments.
Interest may be charged for late payments at the
					 underpayment rate set forth in §
										58.1-15 of the Code of Virginia
					 and is calculated on a monthly basis at the applicable periodic rate.
A 10% late payment fee shall be charged to any delinquent
					 (over 90 days past due) account.
The department and the VESMP authority are entitled to all
					 remedies available under the Code of Virginia in collecting any past due
					 amount.
Statutory Authority: §
												62.1-44.15:28 of the Code of
						Virginia; Chapters 68 and 758 of the 2016 Acts of
						Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part VIII - Fees › Section 9VAC25-875-1360 - Deposit and use of fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. All fees
				  collected by the department pursuant to this chapter shall be deposited into
				  the Virginia Stormwater Management Fund and shall be used and accounted for as
				  specified in §
										62.1-44.15:29 of the Code of
				  Virginia. Fees collected by the department shall be exempt from statewide
				  indirect costs charged and collected by the Department of Accounts.
B. All fees collected by a VESMP authority
				  pursuant to this chapter shall be subject to accounting review and shall be
				  used solely to carry out the VESMP authority's responsibilities pursuant to the
				  VESMA, Article 3 (9VAC25-875-100 et seq.) of Part II
				  (9VAC25-875-40 et seq.) and Part V
				  (9VAC25-875-470 et seq.) of this
				  chapter, local ordinances, or standards and specifications.
Pursuant to subdivision A 9 of §
											62.1-44.15:28 of the Code of
					 Virginia, whenever the department has authorized the administration of a VESMP
					 by a VESMP authority, 28% of the total revenue generated by the statewide
					 stormwater management fees collected in accordance with
					 9VAC25-875-1400 shall be remitted
					 on a schedule determined by the department to the State Treasurer for deposit
					 in the Virginia Stormwater Management Fund unless otherwise collected
					 electronically. If the VESMP authority waives or reduces any fee due in
					 accordance with
					 9VAC25-875-1400, the VESMP
					 authority shall remit the 28% portion that would be due to the Virginia
					 Stormwater Management Fund if such fee were charged in full. Any fee increases
					 established by the VESMP authority beyond the base fees established in this
					 part shall not be subject to the fee distribution formula.
Statutory Authority: §
												62.1-44.15:28 of the Code of
						Virginia; Chapters 68 and 758 of the 2016 Acts of
						Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part VIII - Fees › Section 9VAC25-875-1370 - General

Current through Register Vol. 40, No. 24, July 15, 2024
The fees for individual permits, general permit coverage,
					 permit or registration statement modification, or permit transfers are
					 considered separate actions and shall be assessed a separate fee, as
					 applicable.
Statutory Authority: §
												62.1-44.15:28 of the Code of
						Virginia; Chapters 68 and 758 of the 2016 Acts of
						Assembly.