Section 20. Authorization to discharge

A. Any operator covered by this general permit is authorized to discharge stormwater from the small MS4 to surface waters of the Commonwealth of Virginia provided that the operator submits a complete and accurate registration statement in accordance with 9VAC25-890-30 that is accepted by the board, submits any fees required by 9VAC25-870-700 et seq. (Part XIII), and complies with the requirements of 9VAC25-890-40.

B. The operator is not authorized by this general permit to discharge to surface waters specifically named in other board regulations that prohibit such discharges.

C. Nonstormwater discharges or flows into the small MS4 are authorized by this state permit and do not need to be addressed in the MS4 Program required under 9VAC25-890-40, Section II B 3, if:

1. The nonstormwater discharges or flows are covered by a separate individual or general VPDES or state permit for nonstormwater discharges;

2. The individual nonstormwater discharges or flows have been identified in writing by the department as de minimis discharges that are not significant sources of pollutants to surface waters and do not require a separate VPDES permit;

3. The nonstormwater discharges or flows are identified at 9VAC25-870-400 D 2 c (3) and have not been identified by the operator or by the board as significant contributors of pollutants to the small MS4; or

4. The discharge of materials resulting from a spill is necessary to prevent loss of life, personal injury, or severe property damage. The operator shall take, or ensure that the responsible party takes, all reasonable steps to minimize or prevent any adverse effect on human health or the environment. This state permit does not transfer liability for a spill itself from the party(ies) responsible for the spill to the operator nor relieve the party(ies) responsible for a spill from the reporting requirements of 40 CFR Part 117 and 40 CFR Part 302.

D. In the event the operator is unable to meet certain conditions of this permit due to circumstances beyond the operator's control, the operator shall submit a written explanation of the circumstances that prevented state permit compliance to the department in the annual report. Circumstances beyond the control of the operator include but are not limited to abnormal climatic conditions; weather conditions that make certain requirements unsafe or impracticable; or unavoidable equipment failures caused by weather conditions or other conditions beyond the reasonable control of the operator (operator error is not a condition beyond the control of the operator). The failure to provide adequate program funding, staffing or equipment maintenance shall not be an acceptable explanation for failure to meet state permit conditions. The board will determine, at its sole discretion, whether the reported information will result in an enforcement action.

E. Discharges that are excluded from obtaining a state permit pursuant to 9VAC25-870-300 are exempted from the regulatory requirements of this state permit.

F. Pursuant to 9VAC25-870-400 D 3, for those portions of a small MS4 that are covered under a separate VPDES permit for industrial stormwater discharges, the operator shall follow the conditions established under the separate VPDES permit. Upon termination of separate VPDES permit coverage, discharges from previously separate VPDES authorized outfalls shall meet the conditions of this state permit provided it has been determined by the board that an individual MS4 permit is not required.

G. Stormwater discharges from specific MS4 operator activities that have been granted conditional exclusion for "no exposure" of industrial activities and materials to stormwater under the separate VPDES permitting program shall comply with this state permit unless a separate VPDES permit is obtained. The department is responsible for determining compliance with the conditional exclusion under the State Water Control Law and attendant regulations.

H. Receipt of this general permit does not relieve any operator of the responsibility to comply with any other applicable federal, state or local statute, ordinance or regulation.

I. Continuation of permit coverage. Any operator that was authorized to discharge under the state permit issued in 2008 and that submits a complete registration statement in accordance with Section III M of 9VAC25-890-40 is authorized to continue to discharge under the terms of the 2008 state permit until such time as the board either:

1. Issues coverage to the operator under this state permit; or

2. Notifies the operator that the discharge is not eligible for coverage under this state permit.

Historical Notes

Former 4VAC50-60-1220, derived from Volume 21, Issue 03, eff. January 29, 2005; amended, Virginia Register Volume 24, Issue 20, eff. July 9, 2008; Volume 29, Issue 04, eff. November 21, 2012; Volume 29, Issue 17, eff. July 1, 2013; Errata, 29:18 VA.R. 2246, May 6, 2013; amended and renumbered, Virginia Register Volume 30, Issue 02, eff. October 23, 2013.

Statutory Authority

§ 62.1-44.15:28 of the Code of Virginia.