Section 220. Permits; general

A. No person shall construct, alter, rehabilitate, modify, or extend a discharging system or allow the construction, alteration, rehabilitation, or extension of a discharging system, without a written construction permit from the commissioner or the department. Conditions may be imposed on the issuance of any construction permit and no discharging system shall be constructed in violation of those conditions.

B. Except as provided in 12VAC5-640-30, 12VAC5-640-280, and 12VAC5-640-290, construction permits for a discharging system shall be deemed valid for a period of 60 months from the date of issuance or until the expiration of the General Permit, whichever comes first. The permit to construct may be renewed one time for an additional 18 months if the building permit has been obtained or building construction commenced, the General Permit is reissued, and the effluent requirements of the General Permit are unchanged.

C. Except as provided in 12VAC5-640-30 A 2 and 12VAC5-640-266, no person shall place a discharging system in operation, or cause or allow a discharging system to be placed in operation, without obtaining a written operation permit. Conditions may be imposed on the issuance of any operation permit, and no discharging system shall be operated in violation of those conditions.

D. Except as provided for in 12VAC5-640-280 and 12VAC5-640-290, operation permits shall be valid for a period of time not longer than the General Permit. The operation permit shall remain valid when continued reporting of operation, maintenance, and monitoring occurs in accordance with 12VAC5-640-490, 12VAC5-640-500, and 12VAC5-640-510, provided the facility is otherwise in compliance with this chapter.

E. Construction and operation permits for discharging systems shall not be transferable except as provided in this subsection:

1. A construction permit for a specific discharging system will be issued to a new owner if the new owner (i) applies for the permit transfer on a form approved by the department, (ii) pays the applicable fee, (iii) provides the department with change of ownership documentation in accordance with the General Permit, and (iv) provides written certification that there are no new site conditions that will adversely impact the existing approved construction permit and documents or the original construction application.

2. An operation permit for a specific discharging system will be issued to a new owner if the new owner (i) applies for the permit transfer on a form approved by the department, (ii) pays the applicable fee, and (iii) provides the department with change of ownership documentation in accordance with the General Permit.

3. The expiration date of the transferred operation or construction permit shall not change.

Historical Notes

Derived from VR355-34-400 § 2.12, eff. July 30, 1992; amended, Volume 32, Issue 06, eff. December 16, 2015.

Statutory Authority

§§ 32.1-12 and 32.1-164 of the Code of Virginia.