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 9VAC25-875-1000 - Conditions applicable to all permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
					 conditions apply to all permits. Additional conditions applicable to permits
					 are in 9VAC25-875-1010. All conditions
					 applicable to permits shall be incorporated into the permits either expressly
					 or by reference. If incorporated by reference, a specific citation to this
					 regulation must be given in the permit.
B. The permittee shall comply with all
					 conditions of the permit. Any permit noncompliance constitutes a violation of
					 the State Water Control Law and the CWA, except that noncompliance with certain
					 provisions of the permit may constitute a violation of the State Water Control
					 Law but not the CWA. Permit noncompliance is grounds for enforcement action;
					 for permit termination, revocation and reissuance, modification, or denial of a
					 permit renewal application.
The permittee shall comply with effluent standards or
						prohibitions established under § 307(a) of the CWA for toxic pollutants
						within the time provided in the chapters that establish these standards or
						prohibitions, even if the permit has not yet been modified to incorporate the
						requirement.
C. If the
					 permittee wishes to continue an activity regulated by the permit after the
					 expiration date of the permit, the permittee must apply for and obtain a new
					 permit.
D. It shall not be a
					 defense for a permittee in an enforcement action that it would have been
					 necessary to halt or reduce the permitted activity in order to maintain
					 compliance with the conditions of the permit.
E. The permittee shall take all reasonable
					 steps to minimize or prevent any discharge in violation of the permit that has
					 a reasonable likelihood of adversely affecting human health or the
					 environment.
F. The permittee shall
					 at all times properly operate and maintain all facilities and systems of
					 treatment and control (and related appurtenances) that are installed or used by
					 the permittee to achieve compliance with the conditions of the permit. Proper
					 operation and maintenance also includes adequate laboratory controls and
					 appropriate quality assurance procedures. This provision requires the operation
					 of back-up or auxiliary facilities or similar systems that are installed by a
					 permittee only when the operation is necessary to achieve compliance with the
					 conditions of the permit.
G.
					 Permits may be modified, revoked and reissued, or terminated for cause. The
					 filing of a request by the permittee for a permit modification, revocation and
					 reissuance, or termination or a notification of planned changes or anticipated
					 noncompliance does not stay any permit condition.
H. Permits do not convey any property rights
					 of any sort, or any exclusive privilege.
I. The permittee shall furnish to the
					 department, within a reasonable time, any information that the department may
					 request to determine whether cause exists for modifying, revoking and
					 reissuing, or terminating the permit or to determine compliance with the
					 permit. The department may require the permittee to furnish, upon request, such
					 plans, specifications, and other pertinent information as may be necessary to
					 determine the effect of the wastes from the permittee's discharge on the
					 quality of state waters, or such other information as may be necessary to
					 accomplish the purposes of the Virginia Erosion and Stormwater Management Act.
					 The permittee shall also furnish to the department upon request, copies of
					 records required to be kept by the permit.
J. The permittee shall allow the director,
					 the department, or an authorized representative (including an authorized
					 contractor acting as a representative of the administrator), upon presentation
					 of credentials and other documents as may be required by law, to:
1. Enter upon the permittee's premises where
					 a regulated facility or activity is located or conducted or where records must
					 be kept under the conditions of the permit;
2. Have access to and copy, at reasonable
					 times, any records that must be kept under the conditions of the
					 permit;
3. Inspect at reasonable
					 times any facilities, equipment (including monitoring and control equipment),
					 practices, or operations regulated or required under the permit; and
4. Sample or monitor at reasonable times, for
					 the purposes of assuring permit compliance or as otherwise authorized by the
					 CWA and the Act, any substances or parameters at any location.