Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 1 - Administrative Criteria › Section 9VAC25-875-530 - Applying for permit coverage

Current through Register Vol. 40, No. 24, July 15, 2024
A. The operator
					 must submit a complete and accurate registration statement in accordance with
					 the General VPDES Permit for Discharges of Stormwater from Construction
					 Activities (9VAC25-880) if such statement is required, on the official
					 department form to the VESMP or department as the VSMP authority in order to
					 apply for permit coverage. The registration statement must be signed by the
					 operator in accordance with
					 9VAC25-875-940. In accordance with
					 §
											62.1-44.15:28 of the Code of
					 Virginia, no registration statement is required for coverage under the General
					 VPDES Permit for Discharges of Stormwater from Construction Activities
					 (Construction General Permit) for a small construction activity involving a
					 single-family detached residential structure, within or outside a common plan
					 of development or sale.
B. A person
					 shall not conduct any land-disturbing activity until (i) the person has
					 submitted to the appropriate VESMP authority or the department as the VSMP
					 authority an application that includes a permit registration statement, if
					 required, an ESM plan or an executed agreement in lieu of a plan, if required,
					 and (ii) the VESMP authority or department has issued its land-disturbance
					 approval. For a single family detached residential structure with less than one
					 acre of land disturbance, an agreement in lieu of a plan may be used when
					 either (a) it is located within a common plan of development or sale with an
					 approved stormwater pollution prevention plan consistent with
					 9VAC25-875-500 and a permit, if
					 required; or (b) the single-family detached residential is located outside of a
					 common plan of development or sale.
C. In addition, as a prerequisite to engaging
					 in an approved land-disturbing activity, the name of the individual who will be
					 assisting the owner in carrying out the activity and holds a Responsible Land
					 Disturber Certificate pursuant to §
											62.1-44.15:30 of the Code of
					 Virginia shall be submitted to the VESMP authority or department.
D. Any VESMP authority or the department as
					 the VSMP authority may waive the Responsible Land Disturber Certificate
					 requirement for an agreement in lieu of a plan; however, if a violation occurs
					 during the land-disturbing activity, then the owner shall correct the violation
					 and provide the name of the individual holding a Responsible Land Disturber
					 Certificate as provided by §
											62.1-14:30 of the Code of
					 Virginia. Failure to provide the name of an individual holding a Responsible
					 Land Disturber Certificate prior to engaging in land-disturbing activities may
					 result in revocation of the land-disturbance approval and shall subject the
					 owner to the penalties provided in the VESMA.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.