Virginia Law

A. An application or request for a permit, permit modification, or general permit coverage shall not be processed until the fees required pursuant to this part are paid in accordance with 9VAC25-875-1340, unless the department approves an alternate payment schedule.

B. VPDES Permits for discharges of stormwater from construction activities.

1. The fees for new coverage under a General VPDES Permit for Discharges of Stormwater from Construction Activities or an individual permit, as specified in 9VAC25-875-1400, are due at the time an application is submitted. An application may include the submission of an ESM plan or stormwater management plan for review in accordance with 9VAC25-875-530, or a variance or exception request.

2. Individual permit or general permit coverage maintenance fees, as specified in 9VAC25-875-1420, shall be paid annually to the department or the VESMP authority, as applicable, by April 1 of each year after the initial year of issuance, including owners whose individual permit or general permit coverage has been administratively continued. No permit will be reissued or administratively continued without payment of the required fee. Individual permit or general permit coverage maintenance fees shall be applied until permit termination is effective.

3. Fees for modification or transfer of individual permits or of registration statements for coverage under a General VPDES Permit for Discharges of Stormwater from Construction Activities, as specified in 9VAC25-875-1410, are due at the time an application or request is submitted for a modification or transfer that occurs (and becomes effective) before the stated permit expiration date. There is no application fee for a modification or transfer that is made at the department's initiative.

C. VPDES Permits for MS4s.

1. The fees for issuance of a new MS4 individual permit or coverage under an MS4 General Permit, as specified in 9VAC25-875-1380, are due at the time an application is submitted.

2. Permit maintenance fees for MS4 individual permits or MS4 general permit coverages, as specified in 9VAC25-875-1420, are due by October 1 of each year. Any operator whose MS4 individual permit or MS4 general permit coverage, including operators whose MS4 individual permit or MS4 general permit coverage has been administratively continued, is effective as of April 1 of any given year shall pay the permit maintenance fee to the department or the VESMP authority by October 1 of that same year.

3. When a modification of an MS4 individual permit is requested by the permittee, except as specifically exempt under 9VAC25-875-1320, the required fee as specified in 9VAC25-875-1390 is due at the time an application or request for modification is submitted.