Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 670 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-670-90 - Termination of coverage

Current through Register Vol. 40, No. 24, July 15, 2024
A. The permittee
				shall submit a request for termination by consent within 30 days of completing
				or canceling all authorized activities requiring notification under
				9VAC25-670-50 A and
				all compensatory mitigation requirements. When submitted for project
				completion, the request for termination by consent shall constitute a notice of
				project completion in accordance with
				9VAC25-210-130
				F. The director may accept this termination of coverage on behalf of the
				department. The permittee shall submit the following information:
1. Name, mailing address, and telephone
				number of the permittee;
2. Name
				and location of the activity;
3.
				The VWP general permit tracking number; and
4. One of the following certifications:
a. For project completion:
"I certify under penalty of law that all activities and any
				  required compensatory mitigation authorized by the VWP general permit and
				  general permit coverage have been completed. I understand that by submitting
				  this notice of termination I am no longer authorized to perform activities in
				  surface waters in accordance with the VWP general permit and general permit
				  coverage, and that performing activities in surface waters is unlawful where
				  the activity is not authorized by the VWP permit or coverage, unless otherwise
				  excluded from obtaining coverage. I also understand that the submittal of this
				  notice does not release me from liability for any violations of the VWP general
				  permit or coverage."
b. For
				project cancellation:
"I certify under penalty of law that the activities and any
				  required compensatory mitigation authorized by the VWP general permit and
				  general permit coverage will not occur. I understand that by submitting this
				  notice of termination I am no longer authorized to perform activities in
				  surface waters in accordance with the VWP general permit and general permit
				  coverage, and that performing activities in surface waters is unlawful where
				  the activity is not authorized by the VWP permit or coverage, unless otherwise
				  excluded from obtaining coverage. I also understand that the submittal of this
				  notice does not release me from liability for any violations of the VWP general
				  permit or coverage, nor does it allow me to resume the authorized activities
				  without reapplication and coverage."
c. For events beyond permittee control, the
				permittee shall provide a detailed explanation of the events, to be approved by
				the Department of Environmental Quality, and the following certification
				statement:
"I certify under penalty of law that the activities or the
				  required compensatory mitigation authorized by the VWP general permit and
				  general permit coverage have changed as the result of events beyond my control
				  (see attached). I understand that by submitting this notice of termination I am
				  no longer authorized to perform activities in surface waters in accordance with
				  the VWP general permit and general permit coverage, and that performing
				  activities in surface waters is unlawful where the activity is not authorized
				  by the VWP permit or coverage, unless otherwise excluded from obtaining
				  coverage. I also understand that the submittal of this notice does not release
				  me from liability for any violations of the VWP general permit or coverage, nor
				  does it allow me to resume the authorized activities without reapplication and
				  coverage."