Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 880 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES › Section 9VAC25-880-1 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise. For the purposes of this chapter, words and terms that are defined
				  in the Virginia Erosion and Stormwater Management Act (Article 2.3 (§
									62.1-44.15:24 et seq.) of
				  Chapter 3.1 of Title 62.1 of the Code of Virginia) and the Virginia Erosion and
				  Stormwater Management Regulation (9VAC25-875) shall have those meanings unless
				  the context clearly indicates otherwise.
"Board" means the State Water Control Board. When used
				  outside the context of the promulgation of regulations, including regulations
				  to establish general permits, "board" means the Department of Environmental
				  Quality.
"Business day" means Monday through Friday excluding state
				  holidays.
"Commencement of land disturbance" means the initial
				  disturbance of soils associated with clearing, grading, or excavating
				  activities or other construction activities (e.g., stockpiling of fill
				  material).
"Construction dewatering" means the act of draining or
				  pumping stormwater or groundwater from building foundations, vaults, and
				  trenches, or other similar points of accumulation, including from sediment
				  basins or similar impoundments for maintenance or decommissioning purposes.
				  Construction dewatering does not include temporary pumparounds associated with
				  instream construction activities.
"Construction site" means the land or water area where any
				  construction activity is physically located or conducted, including any
				  adjacent land used or preserved in connection with the land-disturbing
				  activity. The term "construction site" includes construction support activities
				  located on-site or off-site.
"Construction support activity" means a construction-related
				  activity that specifically supports construction and involves land disturbance
				  or pollutant-generating activities of its own and can include activities
				  associated with concrete or asphalt batch plants, equipment staging yards,
				  materials storage areas, excavated material disposal areas, and borrow
				  areas.
"Department" means the Department of Environmental
				  Quality.
"Final stabilization" means that one of the following
				  situations has occurred:
1. All
				soil-disturbing activities at the construction site have been completed and a
				permanent vegetative cover has been established on denuded areas not otherwise
				permanently stabilized. Permanent vegetation shall not be considered
				established until a ground cover is achieved that is uniform (e.g., evenly
				distributed), provides 75% or more vegetative cover with no significant bare
				areas, is mature enough to survive, and will inhibit erosion.
2. For individual lots in residential
				construction, final stabilization can occur by either:
a. The homebuilder completing stabilization
				as specified in subdivision 1 of this definition; or
b. The homebuilder establishing temporary
				soil stabilization, including perimeter controls for an individual lot prior to
				occupation of the home by the homeowner, and providing written notification to
				the homeowner of the need for, and benefits of, stabilization as specified in
				subdivision 1 of this definition. The homebuilder shall maintain a copy of the
				written notification and a signed statement certifying that the information was
				provided to the homeowner in accordance with the stormwater pollution
				prevention plan recordkeeping requirements as specified in Part II G 6 of
				9VAC25-880-70.