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 V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 4 - Water Quantity and Water Quality Technical Criteria for Grandfathered Projects and Time Limits of Applicability Projects › Section 9VAC25-875-680 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This part specifies the technical criteria for regulated
						land-disturbing activities that are not subject to the technical criteria of
						Article 3 (9VAC25-875-570 et seq.) of this
						part in accordance with
						9VAC25-875-490.
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 V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 4 - Water Quantity and Water Quality Technical Criteria for Grandfathered Projects and Time Limits of Applicability Projects › Section 9VAC25-875-700 - Water quality

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Compliance with the water quality criteria may be achieved by applying the
					 performance-based criteria or the technology-based criteria to either the site
					 or a planning area.
B.
					 Performance-based criteria. For land-disturbing activities, the calculated
					 post-development nonpoint source pollutant runoff load shall be compared to the
					 calculated predevelopment load based upon the average land cover condition or
					 the existing site condition. A BMP shall be located, designed, and maintained
					 to achieve the target pollutant removal efficiencies specified in Table 1 of
					 this section to effectively reduce the pollutant load to the required level
					 based upon the following four applicable land development situations for which
					 the performance criteria apply:
1. Situation
					 1 consists of land-disturbing activities where the existing percent impervious
					 cover is less than or equal to the average land cover condition and the
					 proposed improvements will create a total percent impervious cover that is less
					 than the average land cover condition.
Requirement: No reduction in the after disturbance
						pollutant discharge is required.
2. Situation 2 consists of land-disturbing
					 activities where the existing percent impervious cover is less than or equal to
					 the average land cover condition and the proposed improvements will create a
					 total percent impervious cover that is greater than the average land cover
					 condition.
Requirement: The pollutant discharge after disturbance
						shall not exceed the existing pollutant discharge based on the average land
						cover condition.
3.
					 Situation 3 consists of land-disturbing activities where the existing percent
					 impervious cover is greater than the average land cover condition.
Requirement: The pollutant discharge after disturbance
						shall not exceed (i) the pollutant discharge based on existing conditions less
						10% or (ii) the pollutant discharge based on the average land cover condition,
						whichever is greater.
4.
					 Situation 4 consists of land-disturbing activities where the existing percent
					 impervious cover is served by an existing stormwater management BMP that
					 addresses water quality.
Requirement: The pollutant discharge after disturbance
						shall not exceed the existing pollutant discharge based on the existing percent
						impervious cover while served by the existing BMP. The existing BMP shall be
						shown to have been designed and constructed in accordance with proper design
						standards and specifications and to be in proper functioning
						condition.
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 4 - Water Quantity and Water Quality Technical Criteria for Grandfathered Projects and Time Limits of Applicability Projects › Section 9VAC25-875-710 - Stream channel erosion

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Properties and receiving waterways downstream of any land-disturbing activity
					 shall be protected from erosion and damage due to changes in runoff rate of
					 flow and hydrologic characteristics, including changes in volume, velocity,
					 frequency, duration, and peak flow rate of stormwater runoff in accordance with
					 the minimum design standards set out in this section.
B. The VESMP authority or department as the
					 VSMP authority shall require compliance with subdivision 19 of
					 9VAC25-875-560.
C. The locality's VESMP authority may
					 determine that some watersheds or receiving stream systems require enhanced
					 criteria in order to address the increased frequency of bankfull flow
					 conditions (top of bank) brought on by land-disturbing activities or where more
					 stringent requirements are necessary to address total maximum daily load
					 requirements or to protect exceptional waters. Therefore, in lieu of the
					 reduction of the two-year post-developed peak rate of runoff as required in
					 subsection B of this section, the land development project being considered
					 shall provide 24-hour extended detention of the runoff generated by the
					 one-year, 24-hour duration storm.
D. In addition to subsections B and C of this
					 section, a locality's VESMP authority by local ordinance may in accordance with
					 §
											62.1-44.15:33 of the Code of
					 Virginia, or the board by state regulation may adopt more stringent channel
					 analysis criteria or design standards to ensure that the natural level of
					 channel erosion, to the maximum extent practicable, will not increase due to
					 the land-disturbing activities. These criteria may include the following:
1. Criteria and procedures for channel
					 analysis and classification.
2.
					 Procedures for channel data collection.
3. Criteria and procedures for the
					 determination of the magnitude and frequency of natural sediment transport
					 loads.
4. Criteria for the
					 selection of proposed natural or manmade channel linings.
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 4 - Water Quantity and Water Quality Technical Criteria for Grandfathered Projects and Time Limits of Applicability Projects › Section 9VAC25-875-720 - Flooding

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Downstream properties and waterways shall be protected from damages from
					 localized flooding due to changes in runoff rate of flow and hydrologic
					 characteristics, including changes in volume, velocity, frequency, duration,
					 and peak flow rate of stormwater runoff in accordance with the minimum design
					 standards set out in this section.
B. The 10-year post-developed peak rate of
					 runoff from the development site shall not exceed the 10-year predeveloped peak
					 rate of runoff.
C. In lieu of
					 subsection B of this section, localities may, by ordinance in accordance with
					 §
											62.1-44.15:33 of the Code of
					 Virginia, adopt alternate design criteria based upon geographic, land use,
					 topographic, geologic factors, or other downstream conveyance factors as
					 appropriate.
D. Linear development
					 projects shall not be required to control post-developed stormwater runoff for
					 flooding, except in accordance with a watershed or regional stormwater
					 management plan.
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 V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 4 - Water Quantity and Water Quality Technical Criteria for Grandfathered Projects and Time Limits of Applicability Projects › Section 9VAC25-875-730 - Regional (watershed-wide) stormwater management plans

Current through Register Vol. 40, No. 24, July 15, 2024
Water quality requirements and where allowed, water
						quantity requirements, may be achieved in accordance with sections
						9VAC25-875-610 and
						9VAC25-875-660.
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 V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 5 - Criteria for Land-Disturbing Activities in Chesapeake Bay Preservation Areas › Section 9VAC25-875-750 - Land-disturbing activities in Chesapeake Bay Preservation Areas in rural Tidewater localities

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Acceptance of signed and sealed plans in lieu of local plan review. In lieu of
					 a local plan review or retaining a local certified plan reviewer, a rural
					 Tidewater locality may accept plans and supporting calculations for erosion and
					 sediment control and stormwater management for any land-disturbing activity
					 equal to or greater than 2,500 square feet but less than one acre if the
					 following criteria are met:
1. The plans are
					 prepared and submitted by a professional licensed to engage in practice in the
					 Commonwealth under Chapter 4 (§
												54.1-400 et seq.) or 22 (§
												54.1-2200 et seq.) of Title 54.1
					 of the Code of Virginia and who shall hold a certificate of competence in the
					 appropriate subject area, as provided in §
												62.1-44.15:30 of the Code of
					 Virginia; and
2. The plan and
					 supporting calculations are appropriately signed and sealed by the professional
					 with a certification that states: "This plan is designed in accordance with
					 applicable state law and regulations."
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 6 - Additional Criteria and Requirements for Land-Disturbing Activities by State Agencies and Federal Entities › Section 9VAC25-875-760 - Soil erosion control and stormwater management for land-disturbing activities

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall act as a VESMP where state agencies
						and federal entities have not submitted standards and specifications to the
						department for approval. When a state agency or federal entity submits a soil
						erosion control and stormwater management plan (ESM plan) for a project, land
						disturbance shall not commence until the department has reviewed and approved
						the plan and has issued permit coverage when it is required in accordance with
						§
											62.1-44.15:34 of the Code of
						Virginia.
1. The department shall not
					 approve an ESM plan submitted by a state agency or federal entity for a project
					 involving a land-disturbing activity (i) in any locality that has not adopted a
					 local program with more stringent ordinances than those of the state program or
					 (ii) in multiple jurisdictions with separate local programs, unless the plan is
					 consistent with the requirements of the state program.
2. The department shall not approve an ESM
					 plan submitted by a state agency or federal entity for a project involving a
					 land-disturbing activity in one locality with a local program with more
					 stringent ordinances than those of the state program, unless the plan is
					 consistent with the requirements of the local program.
3. If onsite changes occur, the state agency
					 or federal entity shall submit an amended ESM plan to the department.
4. The state agency or federal entity
					 responsible for the land-disturbing activity shall ensure compliance with the
					 approved ESM plan. As necessary, the department shall provide project oversight
					 and enforcement.
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 V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 6 - Additional Criteria and Requirements for Land-Disturbing Activities by State Agencies and Federal Entities › Section 9VAC25-875-770 - State agency land-disturbing activities

Current through Register Vol. 40, No. 24, July 15, 2024
A. All state
					 agency land-disturbing activities that are not exempt and that have commenced
					 without an approved erosion and sediment control plan shall immediately cease
					 until the state agency has either submitted standards and specifications for
					 its conduct of land-disturbing activities which has been reviewed and approved
					 by the department as being consistent with the VESMA and attendant regulations
					 or an erosion and sediment control plan has been submitted to and approved by
					 the department. A formal Notice of Plan Requirement will be sent to the state
					 agency under whose purview the project lies since that agency is responsible
					 for compliance with the State Water Control Law and this chapter.
B. Where inspections by department personnel
					 reveal deficiencies in carrying out an approved plan, the person responsible
					 for carrying out the plan, as well as the state agency responsible, will be
					 issued a notice to comply with specific actions and the deadlines that shall be
					 met. Failure to meet the prescribed deadlines can result in the issuance of a
					 stop work order for all land-disturbing activities on the project at the
					 discretion of the department. The stop work order will be lifted once the
					 required erosion and sediment control measures are in place and inspected by
					 department staff.
C. Whenever the
					 Commonwealth or any of its agencies fails to comply within the time provided in
					 an appropriate final order, the director of the department may petition for
					 compliance as follows: For violations in the Natural and Historic Resources
					 Secretariat, to the Secretary of Natural and Historic Resources; for violations
					 in other secretariats, to the appropriate Secretary; for violations in other
					 state agencies, to the head of such agency. Where the petition does not achieve
					 timely compliance, the director shall bring the matter to the Governor for
					 resolution. The department may also pursue enforcement as provided by §
											62.1-44.15:48 of the Code of
					 Virginia and Article 5 (§ 62.1- 44.20 et seq.) of the State Water Control
					 Law.
D. Where compliance will
					 require the appropriation of funds, the director shall cooperate with the
					 appropriate agency head in seeking such an appropriation; where the director
					 determines that an emergency exists, the director shall petition the Governor
					 for funds from the Civil Contingency Fund or other appropriate
					 source.
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 V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 6 - Additional Criteria and Requirements for Land-Disturbing Activities by State Agencies and Federal Entities › Section 9VAC25-875-780 - Stormwater management permit applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. Approval of a
					 permit application (registration statement) for a land-disturbing activity by a
					 state agency or federal entity shall be subject to the following conditions:
1. The state agency or federal entity shall
					 comply with all applicable requirements of the permit (9VAC25-880) and shall
					 certify that all land clearing, construction, land development, and drainage
					 will be done according to the permit.
2. The land development shall be conducted
					 only within the area specified in the approved plan and covered by the
					 permit.
3. No changes may be made
					 to a plan for which a permit has been issued without review and written
					 approval by the department.
4. The
					 department shall be notified at least one week prior to the preconstruction
					 meeting and at least one week prior to the commencement of land-disturbing
					 activity.
5. The department shall
					 conduct random inspections of the project to ensure compliance with the
					 permit.
6. The department shall
					 require inspections and reports from the state agency or federal entity
					 responsible for compliance with the permit and to determine if the measures
					 required in the permit provide effective stormwater management.
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 6 - Additional Criteria and Requirements for Land-Disturbing Activities by State Agencies and Federal Entities › Section 9VAC25-875-790 - Maintenance and inspections

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Responsibility for the operation and maintenance of stormwater management
					 facilities shall remain with the state agency or federal entity and shall pass
					 to any successor or owner. If portions of the land are to be sold, legally
					 binding arrangements shall be made to pass the basic responsibility to
					 successors in title. These arrangements shall designate for each project the
					 property owner, governmental agency, or other legally established entity to be
					 permanently responsible for maintenance.
B. At a minimum, a stormwater management
					 facility shall be inspected by the responsible state agency or federal entity
					 on an annual basis and after any storm which causes the capacity of the
					 facility principal spillway to be exceeded.
C. During construction of the stormwater
					 management facilities, the department shall make inspections on a random
					 basis.
D. The department shall
					 require inspections and reports from the state agency or federal entity
					 responsible for ensuring compliance with the permit and to determine if the
					 measures required in the permit provide effective stormwater
					 management.
E. Inspection reports
					 shall be maintained as part of the land disturbance project file.
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 V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 6 - Additional Criteria and Requirements for Land-Disturbing Activities by State Agencies and Federal Entities › Section 9VAC25-875-800 - Reporting on stormwater management

Current through Register Vol. 40, No. 24, July 15, 2024
State agencies shall report annually, on a schedule to be
						specified, to the department on the extent to which stormwater management
						programs have reduced nonpoint source pollution to the Commonwealth's waters
						and mitigated the effects of localized flooding. The report shall provide the
						following: data on the number and types of stormwater management facilities
						installed in the preceding year; the drainage area or watershed size served;
						the receiving stream or hydrologic unit; a summary of monitoring data, if any;
						and other data useful in determining the effectiveness of the programs and BMP
						technologies in current use.
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 V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 6 - Additional Criteria and Requirements for Land-Disturbing Activities by State Agencies and Federal Entities › Section 9VAC25-875-810 - Technical criteria and requirements for state or federal projects

Current through Register Vol. 40, No. 24, July 15, 2024
A. Erosion
					 and sediment control and stormwater management plans prepared for state
					 projects shall comply with the technical criteria outlined in this part and any
					 locality's VESCP or VESMP authority's technical requirements adopted pursuant
					 to §§
											62.1-44.15:28 and
					 62.1-44.15:52 of the Code of
					 Virginia.
B. The department may
					 establish criteria for selecting either the site or a planning area on which to
					 apply the water quality criteria.
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 VI - Standards and Specifications Program › Section 9VAC25-875-820 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This part is applicable to any state agency, federal
					 entity, or public or private entity that is authorized to submit standards and
					 specifications to the department in accordance with §
										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 VI - Standards and Specifications Program › Section 9VAC25-875-830 - Standards and specifications for state agencies, federal entities, and other specified entities

Current through Register Vol. 40, No. 24, July 15, 2024
A. The program
				  requirements in Part V (9VAC25-875-470 et
				  seq.) shall be implemented by a state agency or federal entity, and other
				  specified entities with department-approved standards and
				  specifications.
B. As an
				  alternative to submitting soil erosion control and stormwater management plans
				  for its land-disturbing activities, the Virginia Department of Transportation
				  shall and any other state agency or federal entity may submit standards and
				  specifications for its conduct of land-disturbing activities for department
				  approval. Approved standards and specifications shall be consistent with the
				  VESMA. The department shall have 60 days after receipt in which to act on any
				  standards and specifications submitted or resubmitted to the department for
				  approval.
C. As an alternative to
				  submitting soil erosion control and stormwater management plans, electric,
				  natural gas, and telephone utility companies; interstate and intrastate natural
				  gas pipeline companies; railroad companies; and authorities created pursuant to
				  §
										15.2-5102 of the Code of
				  Virginia may submit standards and specifications for department approval that
				  describe how land-disturbing activities shall be conducted. Such standards and
				  specifications may be submitted for the following types of projects:
1. Construction, installation, or maintenance
				  of electric transmission and distribution lines, oil or gas transmission and
				  distribution pipelines, communication utility lines, and water and sewer lines;
				  and
2. Construction of the tracks,
				  rights-of-way, bridges, communication facilities, and other related structures
				  and facilities of a railroad company.
The department shall have 60 days after receipt in which to
					 act on any standards and specifications submitted or resubmitted to it for
					 approval. A linear project not included in subdivision 1 or 2 of this
					 subsection, or for which the owner chooses not to submit standards and
					 specifications, shall comply with the requirements of the VESMP or the VESCP
					 and VSMP, as appropriate, in any locality within which the project is
					 located.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part VI - Standards and Specifications Program › Section 9VAC25-875-840 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
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 2 - General Program Requirements Related to MS4s and Land-Disturbing Activities › Section 9VAC25-875-860 - Exclusions

Current through Register Vol. 40, No. 24, July 15, 2024
The following discharges do not require permits:
1. Any discharge of sewage from vessels,
					 effluent from properly functioning marine engines, laundry, shower, and galley
					 sink wastes, or any other discharge incidental to the normal operation of a
					 vessel. This exclusion neither applies to rubbish, trash, garbage, or other
					 such materials discharged overboard nor to other discharges when the vessel is
					 operating in a capacity other than as a means of transportation such as when
					 used as an energy or mining facility, a storage facility, or a seafood
					 processing facility or when secured to a storage facility or a seafood
					 processing facility or when secured to the bed of the ocean, contiguous zone,
					 or surface waters for the purpose of mineral or oil exploration or
					 development.
2. Discharges of
					 dredged or fill material into surface waters that are regulated under §
					 404 of the CWA.
3. The introduction
					 of sewage, industrial wastes, or other pollutants into publicly owned treatment
					 works by indirect dischargers. Plans or agreements to switch to this method of
					 disposal in the future do not relieve dischargers of the obligation to have and
					 comply with permits until all discharges of pollutants to surface waters are
					 eliminated. This exclusion does not apply to the introduction of pollutants to
					 privately owned treatment works or to other discharges through pipes, sewers,
					 or other conveyances owned by a state, municipality, or other party not leading
					 to treatment works.
4. Any
					 discharge in compliance with the instructions of an on-scene coordinator
					 pursuant to 40 CFR Part 300 (The National Oil and Hazardous Substances
					 Pollution Contingency Plan) or
					 33 CFR
					 153.10(e) (Pollution by Oil
					 and Hazardous Substances).
5. Any
					 introduction of pollutants from nonpoint source agricultural and silvicultural
					 activities, including stormwater runoff from orchards, cultivated crops,
					 pastures, range lands, and forest lands, but not discharges from concentrated
					 animal feeding operations, discharges from concentrated aquatic animal
					 production facilities, discharges to aquaculture projects, and discharges from
					 silvicultural point sources.
6.
					 Return flows from irrigated agriculture.
7. Discharges into a privately owned
					 treatment works, except as the department may otherwise require.
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 2 - General Program Requirements Related to MS4s and Land-Disturbing Activities › Section 9VAC25-875-870 - Prohibitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except
					 in compliance with a permit issued by the department pursuant to the Virginia
					 Erosion and Stormwater Management Act, it shall be unlawful for any person to
					 discharge stormwater into state waters from municipal separate storm sewer
					 systems or land-disturbing activities.
B. Any person in violation of subsection A of
					 this section that discharges or causes or allows a discharge of stormwater into
					 or upon state waters from municipal separate storm sewer systems or
					 land-disturbing activities or that discharges or causes or allows a discharge
					 that may reasonably be expected to enter state waters in violation of
					 subsection A of this section, shall notify the department of the discharge
					 immediately upon discovery of the discharge but in no case later than 24 hours
					 after said discovery. A written report of the unauthorized discharge shall be
					 submitted by the owner to the department within five days of discovery of the
					 discharge. The written report shall contain:
1. A description of the nature and location
					 of the discharge;
2. The cause of
					 the discharge;
3. The date on which
					 the discharge occurred;
4. The
					 length of time that the discharge continued;
5. The volume of the discharge;
6. If the discharge is continuing, how long
					 it is expected to continue;
7. If
					 the discharge is continuing, what the expected total volume of the discharge
					 will be; and
8. Any steps planned
					 or taken to reduce, eliminate, and prevent a recurrence of the present
					 discharge or any future discharges not authorized by the permit.
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 2 - General Program Requirements Related to MS4s and Land-Disturbing Activities › Section 9VAC25-875-880 - Effect of a permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except
					 for any toxic effluent standards and prohibitions imposed under § 307 of
					 the CWA and standards for sewage sludge use or disposal under § 405(d) of
					 the CWA, compliance with a permit during its term constitutes compliance, for
					 purposes of enforcement, with the State Water Control Law and with §§
					 301, 302, 306, 307, 318, 403, and 405(a) through (b) of the CWA. However, a
					 permit may be modified, revoked and reissued, or terminated during its term for
					 cause as set forth in this chapter.
B. The issuance of a permit does not convey
					 any property rights of any sort or any exclusive privilege.
C. The issuance of a permit does not
					 authorize any injury to persons or property or invasion of other private rights
					 or any infringement of state or local law or regulations.
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 2 - General Program Requirements Related to MS4s and Land-Disturbing Activities › Section 9VAC25-875-890 - Continuation of expiring permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The permit
					 shall expire at the end of its term, except that the conditions of an expired
					 permit continue in force until the effective date of a new permit if:
1. The permittee has submitted a timely
					 application as required by this chapter, which is a complete application for a
					 new permit; and
2. The department,
					 through no fault of the permittee, does not issue a new permit with an
					 effective date on or before the expiration date of the previous
					 permit.
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 2 - General Program Requirements Related to MS4s and Land-Disturbing Activities › Section 9VAC25-875-900 - Confidentiality of information

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department or the VESMP authority may require every permit applicant or
					 permittee to furnish when requested such application materials, plans,
					 specifications, and other pertinent information as may be necessary to
					 determine the effect of permit applicant's or permittee's discharge on the
					 quality of state waters, or such other information as may be necessary to
					 accomplish the purposes of the State Water Control Law and this chapter. Any
					 personal information shall not be disclosed except to an appropriate official
					 of the department or VESMP authority or as may be authorized pursuant to the
					 Virginia Freedom of Information Act (§
											2.2-3700 et seq. of the Code of
					 Virginia). However:
1. Disclosure of records
					 of the department or the VESMP authority relating to (i) active federal
					 environmental enforcement actions that are considered confidential under
					 federal law and (ii) enforcement strategies, including proposed sanctions for
					 enforcement actions, is prohibited. Upon request, such records shall be
					 disclosed after a proposed sanction resulting from the investigation has been
					 determined by the department or the VESMP authority.
2. Any secret formula, secret processes, or
					 secret methods other than effluent data submitted to the department pursuant to
					 this chapter may be claimed as confidential by the submitter in accordance with
					 40 CFR
					 122.7. Any such claim must be asserted at the
					 time of submission in the manner prescribed on the application form or
					 instructions or, in the case of other submissions, by stamping the words
					 "secret formulae," "secret processes," or "secret methods" on each page
					 containing such information. If no claim is made at the time of submission, the
					 department may make the information available to the public without further
					 notice. If a claim is asserted, the information will be treated in accordance
					 with the procedures in the Virginia Freedom of Information Act (§
												2.2-3700 et seq. of the Code of
					 Virginia).
3. This section shall
					 not be construed to prohibit the disclosure of records related to inspection
					 reports, notices of violation, and documents detailing the nature of any
					 land-disturbing activity that may have occurred, or similar
					 documents.
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 2 - General Program Requirements Related to MS4s and Land-Disturbing Activities › Section 9VAC25-875-910 - Guidance documents

Current through Register Vol. 40, No. 24, July 15, 2024
The department may develop and use guidance, as
						appropriate, to implement technical and regulatory details of the VPDES permit
						program. Such guidance is distinguished from regulation by the fact that it is
						not binding on either the department or permittees. If a more appropriate
						methodology than that called for in guidance is available in a given situation,
						the more appropriate methodology shall be used to the extent it is consistent
						with applicable regulations and the Virginia Erosion and Stormwater Management
						Act.
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 3 - Permit Applications › Section 9VAC25-875-930 - Permit rationale

Current through Register Vol. 40, No. 24, July 15, 2024
In granting a permit pursuant to this chapter, the
						department shall provide in writing a clear and concise statement of the legal
						basis, scientific rationale, and justification for the decision reached. When
						the decision of the department is to deny a permit, the department shall, in
						consultation with legal counsel, provide a clear and concise statement
						explaining the reason for the denial, the scientific justification for the
						same, and how the department's decision is in compliance with applicable laws
						and regulations. Copies of the decision, certified by the director, shall be
						mailed by certified mail to the permittee or applicant.
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 3 - Permit Applications › Section 9VAC25-875-940 - Signatories to permit applications and reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. All permit
					 applications shall be signed as follows:
1.
					 For a corporation: by a responsible corporate officer. For the purpose of this
					 section, a responsible corporate officer means:
(i) a president, secretary, treasurer, or
					 vice-president of the corporation in charge of a principal business function,
					 or any other person who performs similar policy-making or decision-making
					 functions for the corporation, or
(ii) the manager of one or more
					 manufacturing, production, or operating facilities, provided the manager is
					 authorized to make management decisions that govern the operation of the
					 regulated facility, including having the explicit or implicit duty of making
					 major capital investment recommendations, and initiating and directing other
					 comprehensive measures to assure long-term environmental compliance with
					 environmental laws and regulations; the manager can ensure that the necessary
					 systems are established or actions taken to gather complete and accurate
					 information for permit application requirements; and where authority to sign
					 documents has been assigned or delegated to the manager in accordance with
					 corporate procedures;
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 9VAC25-875-950 - Stormwater discharges

Current through Register Vol. 40, No. 24, July 15, 2024
A. Permit
					 requirements.
1. Prior to October 1, 1994,
					 discharges composed entirely of stormwater shall not be required to obtain a
					 permit except:
a. A discharge with respect to
					 which a permit has been issued prior to February 4, 1987;
b. A stormwater discharge associated with
					 large construction activity;
c. A
					 discharge from a large municipal separate storm sewer system;
d. A discharge from a medium municipal
					 separate storm sewer system; or
e.
					 A discharge that either the department or the regional administrator determines
					 to contribute to a violation of a water quality standard or is a significant
					 contributor of pollutants to surface waters. This designation may include a
					 discharge from any conveyance or system of conveyances used for collecting and
					 conveying stormwater runoff or a system of discharges from municipal separate
					 storm sewers, except for those discharges from conveyances that do not require
					 a permit under subdivision 2 of this subsection or agricultural stormwater
					 runoff that is exempted from the definition of point source.
The department may designate discharges from municipal
						separate storm sewers on a system-wide or jurisdiction-wide basis. In making
						this determination the department may consider the following factors:
(1) The location of the discharge with
					 respect to surface waters;
(2) The
					 size of the discharge;
(3) The
					 quantity and nature of the pollutants discharged to surface waters;
					 and
(4) Other relevant
					 factors.
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 9VAC25-875-970 - Small municipal separate storm sewer systems

Current through Register Vol. 40, No. 24, July 15, 2024
A. Objectives of
					 the stormwater regulations for small MS4s.
1.
					 Subsections A through G of this section are written in a "readable regulation"
					 format that includes both rule requirements and guidance. The recommended
					 guidance is distinguished from the regulatory requirements by putting the
					 guidance in a separate subdivision headed by the word "Note."
2. Under the statutory mandate in §
					 402(p)(6) of the Clean Water Act, the purpose of this portion of the stormwater
					 program is to designate additional sources that need to be regulated to protect
					 water quality and to establish a comprehensive stormwater program to regulate
					 these sources.
3. Stormwater runoff
					 continues to harm the nation's waters. Runoff from lands modified by human
					 activities can harm surface water resources in several ways, including by
					 changing natural hydrologic patterns and by elevating pollutant concentrations
					 and loadings. Stormwater runoff may contain or mobilize high levels of
					 contaminants, such as sediment, suspended solids, nutrients, heavy metals,
					 pathogens, toxins, oxygen-demanding substances, and floatables.
4. The department strongly encourages
					 partnerships and the watershed approach as the management framework for
					 efficiently, effectively, and consistently protecting and restoring aquatic
					 ecosystems and protecting public health.
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 9VAC25-875-980 - General permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department may issue a general permit in accordance with the following:
1. The general permit shall be written to
					 cover one or more categories or subcategories of discharges, except those
					 covered by individual permits, within a geographic area. The area should
					 correspond to existing geographic or political boundaries, such as:
a. Designated planning areas under
					 §§ 208 and 303 of CWA;
b.
					 Sewer districts or sewer authorities;
c. City, county, or state political
					 boundaries;
d. State highway
					 systems;
e. Standard metropolitan
					 statistical areas as defined by the Office of Management and Budget;
f. Urbanized areas as designated by the
					 Bureau of the Census according to criteria in 30 FR 15202 (May 1, 1974);
					 or
g. Any other appropriate
					 division or combination of boundaries.
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 9VAC25-875-990 - New sources and new discharges

Current through Register Vol. 40, No. 24, July 15, 2024
A. Criteria for
					 new source determination.
1. Except as
					 otherwise provided in an applicable new source performance standard, a source
					 is a new source if the source meets the definition of new source in this
					 chapter and
a. The source is constructed at a
					 site at which no other source is located;
b. The source totally replaces the process or
					 production equipment that causes the discharge of pollutants at an existing
					 source; or
c. The source's
					 processes are substantially independent of an existing source at the same site.
					 In determining whether these processes are substantially independent, the
					 department shall consider such factors as the extent to which the new facility
					 is integrated with the existing plant and the extent to which the new facility
					 is engaged in the same general type of activity as the existing
					 source.