Virginia Law

A. Deadlines for submitting registration statement. Any operator seeking coverage under this general permit, and that is required to submit a registration statement, shall submit a complete and accurate general VPDES permit registration statement in accordance with this section, which shall serve as a notice of intent for coverage under the general VPDES permit for discharges of stormwater from construction activities.

1. New construction activities.

a. Any operator proposing a new stormwater discharge from construction activities shall submit a complete and accurate registration statement to the VESMP authority prior to the commencement of land disturbance.

b. Any operator proposing a new stormwater discharge from construction activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment is authorized to discharge under this general permit, provided that:

(1) The operator submits a complete and accurate registration statement to the VESMP authority no later than 30 days after the commencement of land disturbance; and

(2) Documentation to substantiate the occurrence of the public emergency is provided with the registration statement.

c. Any operator proposing a new stormwater discharge associated with a small construction activity involving the construction of a single-family detached residential structure, within or outside a common plan of development or sale, is authorized to discharge under this general permit and is not required to submit a registration statement. Any operator proposing a new stormwater discharge associated with the construction of a single-family detached residential structure, within or outside a common plan of development or sale, is not required to submit the department portion of the permit fee.

2. Existing construction activities.

a. Any operator who was authorized to discharge under the expiring or expired 2019 general permit and who intends to continue coverage under this general permit shall:

(1) Submit a complete and accurate registration statement to the VESMP authority at least 90 days prior to the expiration date of the existing permit or a later submittal date established by the department; and

(2) Update its stormwater pollution prevention plan to comply with the requirements of this general permit no later than 60 days after the date of coverage under this general permit.

b. Any operator with an existing stormwater discharge associated with a small construction activity involving the construction of a single-family detached residential structure, within or outside a common plan of development or sale, that intends to continue coverage under this general permit, is authorized to discharge under this general permit and is not required to submit a registration statement, provided that the operator updates its stormwater pollution prevention plan to comply with the requirements of this general permit no later than 60 days after the date of coverage under this general permit. Any operator with an existing stormwater discharge associated with the construction of a single-family detached residential structure, within or outside a common plan of development or sale, that intends to continue coverage under this general permit is not required to submit the department portion of the permit fee.

3. Transfer of ownership. The new operator shall submit a complete and accurate registration statement or transfer of ownership agreement form and any other documents required by the VESMP authority to the VESMP authority prior to assuming operational control over construction site specifications or the commencement of land disturbance.

4. Late submissions. Operators are not prohibited from submitting registration statements after the commencement of land disturbance. When a late registration statement is submitted, authorization for discharges shall not occur until coverage under the general permit is issued. The VESMP authority, department, and EPA reserve the right to take enforcement action for any unpermitted discharges that occur between the commencement of land disturbance and discharge authorization.

5. Late registration statements. Registration statements for existing facilities covered under subdivision A 2 a of this section will be accepted after the expiration date of this permit, but authorization to discharge will not be retroactive. The VESMP authority, department, and EPA reserve the right to take enforcement action for any unpermitted discharges that occur after existing permit coverage expires and prior to coverage under this permit is approved.

B. Registration statement. The operator shall submit a complete and accurate registration statement to the VESMP authority that contains the following information:

1. Name, contact, mailing address, telephone number, and email address if available of the construction activity operator. No more than one operator may receive coverage under each registration statement;

General permit coverage will be issued to this operator, and the certification in subdivision 18 of this subsection shall be signed by the appropriate person associated with this operator as described in Part III K of 9VAC25-880-70.

2. State Corporation Commission entity identification number if the operator is required to obtain an entity identification number;

3. Name and physical location address of the construction activity, when available, to be covered under this general permit, including city or county, and latitude and longitude in decimal degrees (six digits - ten-thousandths place);

4. A legible site map showing the location of the existing or proposed land-disturbing activities for which the operator is seeking permit coverage, the limits of land disturbance, construction entrances, construction support activities, and all water bodies receiving stormwater discharges from the construction site;

5. If off-site construction support activities will be used, the name and physical location address, when available, of all off-site construction support activities, including city or county; latitude and longitude in decimal degrees (six digits - ten-thousandths place); and whether or not the off-site construction support activity will be covered under this general permit or a separate VPDES permit;

6. If excavated material (i.e., fill) will be transported off the construction site for disposal, the name and physical location address, when available, of all off-site excavated material disposal areas, including city or county; latitude and longitude in decimal degrees (six digits - ten-thousandths place); and the contents of the excavated material;

7. Status of the construction activity (i.e., federal, state, public, or private );

8. Nature of the construction activity (e.g., commercial, industrial, residential, agricultural, oil and gas);

9. If stormwater management or erosion and sediment control plans for the construction activity have been approved by an entity with department approved standards and specifications, a complete and accurate standard and specification entity form shall be submitted with the registration statement;

10. The date of erosion and sediment control plan approval for the estimated area to be disturbed during this permit term for construction activities that were authorized to discharge under the expiring or expired 2019 general permit;

11. If land disturbance has commenced for construction activities that were authorized to discharge under the expiring or expired 2019 general permit;

12. Name of the receiving waters and sixth order Hydrologic Unit Code (HUC);

13. The name of the municipal separate storm sewer system (MS4) operator if the construction activity discharges to an MS4;

14. Estimated construction activity start date and completion date;

15. Total area of the construction site and estimated area to be disturbed by the construction activity during the 2024 general permit term (to the nearest one-hundredth of an acre);

16. If the area to be disturbed by the construction activity is part of a larger common plan of development or sale;

17. If nutrient credits will be used to comply with the water quality design criteria requirements (9VAC25-875-580), a letter of availability from an appropriate nutrient bank that nonpoint source nutrient credits are available; and

18. The following certification: "I certify under penalty of law that I have read and understand this registration statement and that this document and all attachments were prepared in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."

C. A stormwater pollution prevention plan (SWPPP) shall be prepared in accordance with this general permit prior to submitting the registration statement. By signing the registration statement, the operator certifies that the SWPPP has been prepared.

D. The registration statement shall be signed in accordance with Part III K of 9VAC25-880-70.