9 Va. Admin. Code § 25-870-360 - [Repealed effective 7/1/2024] Application for a state permit
A. Duty to apply. Any person who discharges
or proposes to discharge stormwater into or upon state waters from municipal
separate storm sewer systems or land-disturbing activities and who does not
have an effective state permit, except persons covered by general permits,
excluded from the requirement for a state permit by this chapter, shall submit
a complete application in accordance with this section.
B. Who applies. When a facility or activity
is owned by one person but is operated by another person, it is the operator's
duty to obtain a state permit.
C.
Time to apply. Any person proposing a new discharge shall submit an application
at least 180 days before the date on which the discharge is to commence, unless
permission for a later date has been granted by the department. Stormwater
discharges from large construction activities and stormwater discharges
associated with small construction activities shall submit applications at
least 90 days before the date on which construction is to commence. Different
submittal dates may be required under the terms of applicable general permits.
Persons proposing a new discharge are encouraged to submit their applications
well in advance of the 90-day or 180-day requirements to avoid delay.
D. Duty to reapply. All state permittees with
a currently effective state permit shall submit a new application at least 180
days before the expiration date of the existing state permit unless permission
for a later date has been granted by the department. The department shall not
grant permission for applications to be submitted later than the expiration
date of the existing state permit.
E. Completeness. The department shall not
issue a state permit before receiving a complete application for a state permit
except for general permits. An application for a state permit is complete when
the department receives an application form and any supplemental information
which are completed to its satisfaction. The completeness of any application
for a state permit shall be judged independently of the status of any other
state permit application or state permit for the same facility or
activity.
F. Information
requirements. All applicants for state permits shall provide the following
information using the application form provided by the department:
1. The activities conducted by the state
permit applicant which require it to obtain a state permit;
2. Name, mailing address, and location of the
facility for which the application is submitted;
3. Up to four SIC codes which best reflect
the principal products or services provided by the facility;
4. The operator's name, address, telephone
number, email address, ownership status, and status as federal, state, private,
public, or other entity;
5. Whether
the facility is located on Indian lands;
6. A listing of all permits or construction
approvals received, applied for, or to be applied for under any of the
following programs:
a. Hazardous Waste
Management program under the Resource Conservation and Recovery Act (RCRA)
(42 USC §
6921) ;
b. UIC program under the Safe Drinking Water
Act (SDWA) (42 USC §
300h) ;
c. VPDES program under the CWA and the State
Water Control Law;
d. Prevention of
Significant Deterioration (PSD) program under the Clean Air Act (42 USC §
4701 et seq.);
e. Nonattainment program under the Clean Air
Act (42 USC §
4701 et seq.);
f. National Emission Standards for Hazardous
Pollutants (NESHAPS) preconstruction approval under the Clean Air Act
(42 USC §
4701 et seq.);
g. Ocean dumping permits under the Marine
Protection Research and Sanctuaries Act (33 USC § 14 et seq.);
h. Dredge or fill permits under § 404 of
the CWA;
i. A state permit under
the CWA and the Virginia Stormwater Management Act; and
j. Other relevant environmental permits,
including state permits;
7. A topographic map (or other map if a
topographic map is unavailable) extending one mile beyond the property
boundaries of the source, which depicts: the facility and (i) each of its
intake and discharge structures; (ii) each of its hazardous waste treatment,
storage, or disposal facilities; (iii) each well where fluids from the facility
are injected underground; and (iv) those wells, springs, other surface water
bodies, and drinking water wells listed in public records or otherwise known to
the state permit applicant in the map area; and
8. A brief description of the nature of the
business.
G. Variance
requests. A discharger which is not a publicly owned treatment works (POTW) may
request a variance from otherwise applicable effluent limitations under any of
the following statutory or regulatory provisions within the times specified in
this subsection:
1. Fundamentally different
factors.
a. A request for a variance based on
the presence of fundamentally different factors from those on which the
effluent limitations guideline was based shall be filed as follows:
(1) For a request from best practicable
control technology currently available (BPT), by the close of the public
comment period for the draft state permit; or
(2) For a request from best available
technology economically achievable (BAT) and/or best conventional pollutant
control technology (BCT), by no later than 180 days after the date on which an
effluent limitation guideline is published in the Federal Register for a
request based on an effluent limitation guideline promulgated on or after
February 4, 1987.
b. The
request shall explain how the requirements of the applicable regulatory or
statutory criteria have been met.
2. A request for a variance from the BAT
requirements for CWA § 301(b)(2)(F) pollutants (commonly called
nonconventional pollutants) pursuant to § 301(c) of the CWA because of the
economic capability of the owner or operator, or pursuant to § 301(g) of
the CWA (provided, however, that a § 301(g) variance may only be requested
for ammonia, chlorine, color, iron, total phenols (when determined by the
administrator to be a pollutant covered by § 301(b)(2)(F) of the CWA) and
any other pollutant that the administrator lists under § 301(g)(4) of the
CWA) must be made as follows:
a. For those
requests for a variance from an effluent limitation based upon an effluent
limitation guideline by:
(1) Submitting an
initial request to the regional administrator, as well as to the department,
stating the name of the discharger, the state permit number, the outfall
number(s), the applicable effluent guideline, and whether the discharger is
requesting a § 301(c) or § 301(g) of the CWA modification, or both.
This request must have been filed not later than 270 days after promulgation of
an applicable effluent limitation guideline; and
(2) Submitting a completed request no later
than the close of the public comment period for the draft state permit
demonstrating that:
(i) all reasonable
ascertainable issues have been raised and all reasonably available arguments
and materials supporting their position have been submitted; and
(ii) that the applicable requirements of 40
CFR Part 125 have been met. Notwithstanding this provision, the complete
application for a request under § 301(g) of the CWA shall be filed 180
days before EPA must make a decision (unless the Regional Administrator
establishes a shorter or longer period); or
b. For those requests for a variance from
effluent limitations not based on effluent limitation guidelines, the request
need only comply with subdivision 2 a (2) of this subsection and need not be
preceded by an initial request under subdivision 2 a (1) of this
subsection.
3. A
modification under § 302(b)(2) of the CWA of requirements under §
302(a) of the CWA for achieving water quality related effluent limitations may
be requested no later than the close of the public comment period for the draft
state permit on the state permit from which the modification is
sought.
4. A variance for alternate
effluent limitations for the thermal component of any discharge must be filed
with a timely application for a state permit under this section, except that if
thermal effluent limitations are established on a case-by-case basis or are
based on water quality standards the request for a variance may be filed by the
close of the public comment period for the draft state permit. A copy of the
request shall be sent simultaneously to the department.
H. Expedited variance procedures and time
extensions.
1. Notwithstanding the time
requirements in subsection G of this section, the department may notify a state
permit applicant before a draft state permit is issued that the draft state
permit will likely contain limitations which are eligible for variances. In the
notice the department may require the state permit applicant as a condition of
consideration of any potential variance request to submit a request explaining
how the requirements of 40 CFR Part 125 applicable to the variance have been
met and may require its submission within a specified reasonable time after
receipt of the notice. The notice may be sent before the state permit
application has been submitted. The draft or final state permit may contain the
alternative limitations which may become effective upon final grant of the
variance.
2. A discharger who
cannot file a timely complete request required under subdivisions G 2 a (2) or
G 2 b of this section may request an extension. The extension may be granted or
denied at the discretion of the department. Extensions shall be no more than
six months in duration.
I. Recordkeeping. State permit applicants
shall keep records of all data used to complete state permit applications and
any supplemental information submitted under this section for a period of at
least three years from the date the application is signed.
Notes
Statutory Authority: § 62.1-44.15:28 of the Code of Virginia; Chapters 68 and 758 of the 2016 Acts of Assembly.
Statutory Authority: §§ 62.1-44.15:25 and 62.1-44.15:28 of the Code of Virginia.
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